Food Labeling Modernization Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2901 To amend the Federal Food, Drug, and Cosmetic Act to strengthen require- ments related to nutrient information on food labels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 26, 2023 Mr. PALLONE (for himself and Ms. DELAURO) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Food Labeling Modernization Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2901 IH Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability. SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACK- 1 AGE LABELING FOR FOODS. 2 (a) INTERPRETIVE NUTRITION INFORMATION.—Sec- 3 tion 403 of the Federal Food, Drug, and Cosmetic Act 4 (21 U.S.C. 343) is amended by adding at the end the fol- 5 lowing: 6 ‘‘(z)(1) Except as provided in subparagraphs (3), (4), 7 and (5) of paragraph (q), if it is food (other than a dietary 8 supplement) intended for human consumption and is of- 9 fered for sale and otherwise required to bear nutrition la- 10 beling, unless its principal display panel bears interpretive 11 nutrition information. 12 ‘‘(2) Final regulations regarding the interpretive nu- 13 trition information required under subparagraph (1) shall 14 meet the following criteria: 15 ‘‘(A) There shall be a standardized symbol sys- 16 tem that displays calorie information related to the 17 serving size determined under paragraph (q)(1)(A), 18 and interpretive nutrition information related to the 19 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2901 IH content of added sugars, sodium, saturated fat, and 1 any other nutrients that the Secretary determines 2 the highlighting of which will assist consumers in 3 maintaining healthy dietary practices, including by 4 highlighting products containing high levels of such 5 nutrients. 6 ‘‘(B) The system shall clearly distinguish be- 7 tween products of greater or lesser nutritional value. 8 ‘‘(C) The information shall— 9 ‘‘(i) appear in a consistent location on the 10 principal display panels across products; 11 ‘‘(ii) have a prominent design that visually 12 contrasts with existing packaging design; and 13 ‘‘(iii) be sufficiently large to be easily leg- 14 ible. 15 ‘‘(3) In promulgating regulations regarding the inter- 16 pretive nutrition information required under subpara- 17 graph (1) and the standardized symbol system required 18 under subparagraph (2)(A), the Secretary shall take into 19 account published reports by the Health and Medicine Di- 20 vision of the National Academy of Sciences, Engineering, 21 and Medicine regarding interpretive nutrition information, 22 and base regulations on the following principles: 23 ‘‘(A) Consumers should be able to quickly and 24 easily comprehend the meaning of the system as an 25 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2901 IH indicator of a product’s contribution to a healthy 1 diet without requiring specific or sophisticated nutri- 2 tional knowledge. 3 ‘‘(B) The nutrition information should be con- 4 sistent with the Nutrition Facts Panel and with the 5 recommendations of the Dietary Guidelines for 6 Americans. 7 ‘‘(C) The information should aim to facilitate 8 consumer selection of healthy product options, in- 9 cluding among nutritionally at-risk subpopulations. 10 ‘‘(4) The Secretary should periodically evaluate the 11 standardized symbol system required under subparagraph 12 (2)(A) to assess its effectiveness in facilitating consumer 13 selection of healthy product options and the extent to 14 which manufacturers are offering healthier products as a 15 result of the disclosure. 16 ‘‘(5) The implementation of this paragraph should be 17 accompanied by appropriate consumer education and pro- 18 motion campaigns determined by the Secretary.’’. 19 (b) PERCENTAGE OF WHEAT AND GRAINS IN GRAIN- 20 BASED PRODUCTS, AND AMOUNT OF REAL FRUIT, VEGE- 21 TABLE, AND YOGURT IN PRODUCTS BEARING FRUIT, 22 VEGETABLE, AND YOGURT CLAIMS.—Section 403 of the 23 Federal Food, Drug, and Cosmetic Act, as amended by 24 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2901 IH subsection (a), is further amended by adding at the end 1 the following: 2 ‘‘(aa) If, in the case of food other than a dietary sup- 3 plement, the principal display panel bears— 4 ‘‘(1) the term ‘whole wheat’, ‘whole grain’, 5 ‘made with whole grain’, or ‘multigrain’; 6 ‘‘(2) a declaration of the whole grain content by 7 weight; 8 ‘‘(3) the term ‘wheat’ on a wheat bread, pasta, 9 or similar product that is typically made from wheat; 10 or 11 ‘‘(4) any similar descriptive phrases, terms, or 12 representations suggesting the product contains 13 whole grains, 14 unless the amounts of whole grains and refined grains, 15 expressed as a percentage of total grains, are conspicu- 16 ously disclosed in immediate proximity to the most promi- 17 nent descriptive phrase, term, or representation using a 18 font color and formatting of equivalent prominence to the 19 descriptive phrase, term, or representation with respect to 20 whole grain content, or unless 100 percent of the grains 21 in the food are whole grains. 22 ‘‘(bb)(1) If, in the case of food other than a dietary 23 supplement, the principal display panel bears— 24 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2901 IH ‘‘(A) the term ‘fruit’, ‘fruity’, ‘froot’, ‘frooty’, or 1 ‘fruit-flavored’; 2 ‘‘(B) representations, depictions, or images of 3 such ingredients; or 4 ‘‘(C) any similar descriptive phrases, terms, or 5 representations suggesting the product contains fruit 6 or any specific type of fruit, 7 unless the quantity per serving and form of fruit, includ- 8 ing only the nutrient-dense forms, is declared on the prin- 9 cipal display panel in a common household measure that 10 is appropriate to the food, conspicuously, and in imme- 11 diate proximity to the most prominent term, representa- 12 tion, depiction, or image of fruit. 13 ‘‘(2) The Secretary shall by regulation establish 14 quantities below which such declaration shall state that 15 the food does not contain any full serving of fruit. 16 ‘‘(3) In this paragraph, the term ‘nutrient-dense’, 17 with respect to the form of an ingredient derived from a 18 fruit, means the whole, cut, dried, pulp, puree, 100-per- 19 cent juice, or fully reconstituted concentrate form, and not 20 concentrates, powders, and other ingredients that are not 21 whole, cut, dried, pulp, puree, 100-percent juice, or fully 22 reconstituted concentrates. 23 ‘‘(cc)(1) If, in the case of food other than a dietary 24 supplement, the principal display panel bears— 25 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2901 IH ‘‘(A) the term ‘vegetable’ or ‘veggie’; 1 ‘‘(B) representations, depictions, or images of 2 such ingredients; or 3 ‘‘(C) any similar descriptive phrases, terms, or 4 representations suggesting the product contains 5 vegetables or any specific type of vegetable, 6 unless the quantity per serving and form of vegetable, in- 7 cluding only the nutrient-dense form, is declared on the 8 principal display panel in a common household measure 9 that is appropriate to the food, conspicuously, and in im- 10 mediate proximity to the most prominent term, represen- 11 tation, depiction, or image of vegetable. 12 ‘‘(2) The Secretary shall by regulation establish 13 quantities below which such declaration shall state that 14 the food does not contain any full serving of vegetable. 15 ‘‘(3) In this paragraph, the term ‘nutrient-dense’, 16 with respect to the form of an ingredient derived from a 17 vegetable, means the whole, cut, dried, pulp, puree, 100- 18 percent juice, or fully reconstituted concentrate form, and 19 not concentrates, powders, and other ingredients that are 20 not whole, cut, dried, pulp, puree, 100-percent juice, or 21 fully reconstituted concentrates. 22 ‘‘(dd)(1) If, in the case of food other than a dietary 23 supplement, the principal display panel bears the term ‘yo- 24 gurt’, unless— 25 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2901 IH ‘‘(A) the quantity per serving of yogurt is de- 1 clared on the principal display panel in a common 2 household measure that is appropriate to the food, 3 conspicuously, in immediate proximity to the term; 4 or 5 ‘‘(B) the first ingredient is cultured milk, cul- 6 tured cream, cultured partially skimmed milk, or 7 cultured skim milk. 8 ‘‘(2) The Secretary shall by regulation establish 9 quantities below which such declaration shall state that 10 the food does not contain any full serving of yogurt.’’. 11 (c) COLORING AND FLAVORING.—Section 403 of the 12 Federal Food, Drug, and Cosmetic Act, as amended by 13 subsection (b), is further amended by adding at the end 14 the following: 15 ‘‘(ee) If, in the case of food other than a dietary sup- 16 plement, it bears or contains any artificial dye, or any 17 added artificial or natural flavoring, unless such fact is 18 prominently stated on the principal display panel of the 19 packaging of the food. For the purposes of this paragraph, 20 the term ‘artificial dye’ refers to a batch-certified dye cer- 21 tified under part 74 of title 21, Code of Federal Regula- 22 tions (or any successor regulations).’’. 23 (d) SWEETENERS.— 24 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2901 IH (1) IN GENERAL.—Section 403 of the Federal 1 Food, Drug, and Cosmetic Act, as amended by sub- 2 section (c), is further amended by adding at the end 3 the following: 4 ‘‘(ff) If, in the case of food other than a dietary sup- 5 plement, it bears or contains any added artificial or nat- 6 ural noncaloric sweetener, unless such fact is prominently 7 stated on the principal display panel of the packaging of 8 the food.’’. 9 (2) REPORT.— 10 (A) IN GENERAL.—Not later than 2 years 11 after the date of enactment of this Act, the Sec- 12 retary of Health and Human Services (referred 13 to in this Act as the ‘‘Secretary’’) shall submit 14 to Congress a report that— 15 (i) evaluates whether— 16 (I) manufacturers have increased 17 the use of low- and no-calorie sweet- 18 eners; and 19 (II) the use of low- and no-cal- 20 orie sweeteners has risen to a level 21 that could result in negative health 22 consequences; and 23 (ii) describes actions that will be 24 taken by the Secretary to address any in- 25 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2901 IH creased use of low- and no-calorie sweet- 1 eners. 2 (B) MONITORING.—On completion of the 3 report described in subparagraph (A), the Sec- 4 retary shall— 5 (i) periodically monitor for increased 6 use of low- and no-calorie sweeteners; and 7 (ii) take action to address the use of 8 low- and no-calorie sweeteners if the use 9 has risen to a level that could result in 10 negative health consequences. 11 (e) CONSTRUCTION.—Nothing in this section, includ- 12 ing any amendment made by this section, shall be con- 13 strued as— 14 (1) affecting any requirement in regulation in 15 effect as of the date of the enactment of this Act 16 with respect to matters that are required to be stat- 17 ed on the principal display panel of a package or 18 container of food that is not required by an amend- 19 ment made by this section; or 20 (2) restricting the authority of the Secretary of 21 Health and Human Services to require additional in- 22 formation be disclosed on such a principal display 23 panel. 24 VerDate Sep 11 2014 23:15 May 01, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2901 IH SEC. 3. CLAIMS FOR CONVENTIONAL FOODS. 1 (a) HEALTH-RELATED CLAIMS.— 2 (1) IN GENERAL.—Section 403(r)(1)(B) of the 3 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 4 343(r)(1)(B)) is amended by inserting after ‘‘health- 5 related condition’’ the following: ‘‘, describes the ef- 6 fect that a nutrient may have on the structure or 7 function of the human body, characterizes the docu- 8 mented mechanism by which that nutrient acts to 9 maintain such structure or function, or describes 10 general well-being from consumption of that nutri- 11 ent,’’. 12 (2) SUBSTANTIATION OF CLAIM.—Section 13 403(r) of the Federal Food, Drug, and Cosmetic Act 14 (21 U.S.C. 343(r)) is amended— 15 (A) by redesignating subparagraph (7) as 16 subparagraph (8); and 17 (B) by inserting after subparagraph (6) 18 the following: 19 ‘‘(7) If the Secretary requests that a claim under sub- 20 paragraph (1)(B) for food (other than a dietary supple- 21 ment) be substantiated, then not later than 90 days after 22 the date on which the Secretary makes such request, the 23 manufacturer shall provide to the Secretary all doc [Text truncated for display. 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