H.R. 8412

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8412 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8412

To direct the Secretary of Health and Human Services, acting through 
the Commissioner of Food and Drugs, to revise certain regulations 
related to infant and toddler beverages, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 21, 2026

Ms. Jacobs introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To direct the Secretary of Health and Human Services, acting through 
the Commissioner of Food and Drugs, to revise certain regulations 
related to infant and toddler beverages, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INFANT AND TODDLER BEVERAGES.

(a) In General.--The Secretary of Health and Human Services, acting 
through the Commissioner of Food and Drugs (in this section referred to 
as the ``Secretary'') shall revise--
(1) section 101.3 of title 21, Code of Federal Regulations, 
to prohibit any beverage in powder or liquid form, other than 
infant formula, represented or purported to be for use by 
children more than 12 months old, from being identified as 
``infant formula'' or use the term ``formula'' in combination 
with any other term; and
(2) part 102 of title 21, Code of Federal Regulations, so 
that--
(A) in the case of any powdered or liquid milk-
based beverage that claims to be for consumption by 
children 12 to 36 months of age, such beverage shall--
(i) use as its common or usual name a 
descriptive term such as ``milk-based drink''; 
and
(ii) if the beverage contains added sugars, 
nonnutritive sweeteners, or flavorings, include 
in such common or usual name a qualifying term 
such as ``sweetened'' or ``flavored'';
(B) in the case of any powdered or liquid nondairy-
milk-based beverage that claims to be for consumption 
by children 12 to 36 months of age, such beverage 
shall--
(i) use as its common or usual name an 
appropriately descriptive term identifying the 
source of protein, such as ``soy-based drink 
powder for 12-36 month olds''; and
(ii) if the beverage contains added sugars, 
nonnutritive sweeteners, or flavorings, include 
in such common or usual name qualifying terms 
such as ``sweetened'' and ``flavored''; and
(C) the labeling of a beverage described in 
subparagraph (A) or (B) shall--
(i) contain a disclaimer that--
(I) cautions against consumption of 
the beverage by infants, such as ``DO 
NOT SERVE TO INFANTS UNDER 12 MONTHS 
OLD''; and
(II) such beverages are not 
recommended for children 12 to 24 
months of age and such consumption of 
such beverages is not required for a 
healthy diet, such as ``This product 
contains added sugars. The Dietary 
Guidelines for Americans recommend 
avoiding food and beverages with added 
sugars for children younger than 24 
months of age.''; and
(ii) not contain any statement suggesting a 
recommended daily intake of such beverages, 
such as ``one cup a day''.
(b) Regulations.--
(1) Proposed regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue 
proposed regulations to carry out this section.
(2) Final regulations.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall finalize the 
regulations proposed pursuant to paragraph (1).
(3) Failure to issue final regulation.--If the Secretary 
does not issue a final regulation as required by paragraph (2) 
by the deadline specified in such paragraph, the corresponding 
proposed regulation shall become final on such deadline.
(c) Delayed Applicability.--The revisions to regulations made 
pursuant to subsection (a) shall apply beginning on the date that is 3 
years after the date of enactment of this Act.
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