H.R. 8412

119 HR 8412 IH: 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.
 U.S. House of Representatives
 2026-04-21
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I
 119th CONGRESS  2d Session
 H. R. 8412
 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.
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.