S5026-119

What This Bill Does

The reported Childhood Diabetes Reduction Act of 2026 creates four front-of-package warning categories for food offered for sale. Sugar-sweetened beverages containing at least 25 calories from added caloric sweeteners per 12 fluid ounces must warn that added-sugar beverages can contribute to obesity, type 2 diabetes, and tooth decay and are not recommended for children. Foods or beverages containing a high-intensity sweetener must carry a separate warning that the product is not recommended for children. Ultra-processed foods must warn that consumption can cause weight gain and increase obesity and type 2 diabetes risk. A food containing added sugar, saturated fat, sodium, or another FDA-designated nutrient of concern at a disease-risk level must carry an octagonal "High in [nutrient]" warning.

The first three warnings must appear in bold within a rectangular border next to a triangular exclamation-point icon. Each warning must occupy at least 5 percent of the front or principal display area and, where applicable, appear on two sides of multipack packaging. The nutrient-of-concern warning uses an octagonal border and the same minimum display-area rule. FDA may issue implementation rules covering font size, spacing, small packages, online retail, and other compliance details. The labeling requirements take effect one year after enactment. The bill also clarifies FDA authority to consider high levels of listed nutrients, high-intensity sweeteners, and ultra-processing when deciding that a nutrient-content claim is misleading.

The reported definitions cover synthetic, naturally occurring, or modified non-nutritive high-intensity sweeteners and list products such as aspartame, saccharin, sucralose, stevia, and monk fruit. A sugar-sweetened beverage is broadly defined but excludes statutory critical foods, nutritionally complete supplemental or meal-replacement beverages, 100 percent juice, alcohol, and other products FDA excludes. Ultra-processed food is defined by the presence of an industrial ingredient such as an emulsifier, stabilizer, color, flavor enhancer, propellant, or high-intensity sweetener. Products meeting FDA's current "healthy" definition, statutory critical foods, and other FDA-designated products are excluded.

Section 101 separately makes it a prohibited act under federal food law to market or advertise any warning-covered food in a manner that reasonably appears directed at children. FDA must consider the full circumstances, including cartoons, fantasy, celebrities, athletes, fictional characters, influencers, animation, children's music, toys, contests, games, applications, and depictions of children's lives. The bill authorizes such sums as may be necessary for fiscal years 2027 through 2031 for HHS rulemaking and enforcement of these labeling and advertising provisions. This is an authorization for later appropriations, not money made immediately available by the bill.

The bill directs the National Institutes of Health, as appropriate, to expand, intensify, and coordinate basic and clinical nutrition research. Listed subjects include dietary patterns and ultra-processed foods; the effects of processing, formulation, ingredients, and additives; evidence gaps about ingredients and additives; biological or behavioral mechanisms connecting formulation and processing to eating behavior and energy intake; and evidence-based ways to improve nutrition or prevent and manage diet-related chronic disease. NIH must coordinate as appropriate with FDA and other federal agencies and may consult researchers, clinicians, patients, and other stakeholders.

The reported substitute also updates an existing Public Health Service Act education campaign. HHS, in coordination with the Office of the Assistant Secretary for Health, must as appropriate conduct or support public education about nutrition, physical activity, and prevention of diet-related chronic disease. Activities may explain obesity, inactivity, poor nutrition, the relationship between diet and chronic disease, use of food-label information, and strategies for healthy eating and activity. HHS may coordinate with federal, state, local, and Tribal public-health bodies plus health professionals and other stakeholders. The bill renews the existing campaign's authorization period for fiscal years 2027 through 2031 without stating a new dollar amount in the amendment.

Title II creates a parallel Federal Trade Commission advertising regime. A child is a person under 13. Advertising is child-directed if it uses specified child-appealing themes or strategies, or appears in media whose audience is at least 30 percent children as determined by the FTC. "Junk food" means any product subject to one of the four new warning requirements. One year after enactment, no person may market, advertise, produce, or distribute child-directed advertising for those products. In addition, every advertisement or marketing material for covered junk food, whether or not child-directed, must carry the relevant health or nutrient warning.

Violations are treated as violations of an FTC unfair-or-deceptive-practice rule and carry the FTC Act's enforcement consequences. The FTC's special authority reaches communications common carriers despite ordinary jurisdictional limits, and the FTC must issue rules under ordinary notice-and-comment procedures. Section 203 repeals the current FTC Act provision that specially restricts children's-advertising rulemaking and makes a conforming amendment, restoring the subject to the Commission's general rule authority.

The introduced version contained more prescriptive program and funding terms that do not remain in the reported substitute. It would have authorized $60 million per year for NIH nutrition work, required public nutrition meetings every five years with reports to Congress and restrictions on industry-affiliated speakers, and authorized $10 million per year for a new CDC campaign. The reported text removes those fixed amounts and meeting requirements, broadens and softens the NIH research language, updates the existing education authority instead, and changes the labeling authorization from $5 million per year to such sums as may be necessary.

Who Benefits and How

Children, parents, caregivers, and other shoppers gain highly visible information about added sugar, sweeteners, processing, and nutrients of concern. Children may face fewer promotions designed around cartoons, influencers, athletes, games, toys, and similar appeals. Consumers viewing any covered junk-food advertisement gain the relevant warning even when the advertisement is not specifically child-directed. Nutrition researchers, clinicians, patients, and public-health agencies may benefit from broader NIH research and renewed education activities. Producers of products excluded as critical foods, healthy products, qualifying nutritional beverages, pure juice, or alcohol avoid some warning obligations. FDA and the FTC gain explicit implementation and enforcement authority.

Who Bears the Burden and How

Food and beverage manufacturers must classify products, redesign package fronts and multipacks, review nutrient-content claims, and prepare for enforcement. Online retailers may need to display warning information under FDA rules. Manufacturers, restaurant or retail marketers, advertising agencies, influencers, media platforms, game publishers, and other distributors lose child-directed channels for covered products and must include warnings in all remaining covered advertising. Communications common carriers become subject to the FTC's special enforcement provision. FDA and FTC staff must write rules, review marketing practices, and enforce overlapping restrictions. NIH and HHS staff must administer expanded research and education duties, while federal taxpayers bear costs only if Congress later supplies authorized funds.

Key Provisions

• Requires large front-of-package warnings for sugar-sweetened beverages, high-intensity sweeteners, ultra-processed foods, and elevated nutrients of concern.
• Directs FDA to set implementation details for small packages, online retail, warning presentation, and other compliance needs.
• Prohibits child-directed marketing of warning-covered foods under federal food law one year after enactment.
• Expands NIH nutrition research and renews federal nutrition and physical-activity education authority through fiscal year 2031.
• Defines child-directed advertising by promotional content or a child audience of at least 30 percent.
• Prohibits child-directed junk-food advertising and requires the applicable warning in every covered advertisement.
• Extends FTC enforcement to communications common carriers and restores general FTC rulemaking authority over children's advertising.
• Authorizes later appropriations for HHS labeling and advertising implementation without directly appropriating funds.