Childhood Diabetes Reduction Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5026 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5026

To require warning labels on sugar-sweetened foods and beverages, foods
  and beverages containing high-intensity sweeteners, ultra-processed
  foods, and foods high in nutrients of concern, such as added sugar,
    saturated fat, or sodium, to restrict junk food advertising to
                               children.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2026

  Mr. Sanders introduced the following bill; which was read twice and
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

To require warning labels on sugar-sweetened foods and beverages, foods
  and beverages containing high-intensity sweeteners, ultra-processed
  foods, and foods high in nutrients of concern, such as added sugar,
    saturated fat, or sodium, to restrict junk food advertising to
                               children.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Childhood Diabetes
Reduction Act of 2026''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 101. Health warning labeling of foods; restriction on certain
                            advertisements directed at children.
Sec. 102. National Institutes of Health research on nutrition science.
Sec. 103. Nutrition and physical activity public education campaign.
                   TITLE II--FEDERAL TRADE COMMISSION

Sec. 201. Definitions.
Sec. 202. Restrictions on advertisements for junk food directed at
                            children; required disclosure of any health
                            and nutrient warning label in
                            advertisements.
Sec. 203. Restoring the Federal Trade Commission's ability to
                            promulgate rules on children's advertising.

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 101. HEALTH WARNING LABELING OF FOODS; RESTRICTION ON CERTAIN
              ADVERTISEMENTS DIRECTED AT CHILDREN.

    (a) Front of Package Nutrition Labeling.--Section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended--
            (1) by adding at the end the following:
    ``(z)(1) If it is a sugar-sweetened beverage intended for human
consumption and is offered for sale, unless its label includes the
following statement: `Food and Drug Administration Warning: Drinking
beverages with added sugar can contribute to obesity, type 2 diabetes,
and tooth decay. Not recommended for children.', and such statement
is--
            ``(A) enclosed by a rectangular border in bold type and
        readily legible under ordinary conditions alongside an icon
        comprised of an exclamation point contained within a triangle;
        and
            ``(B) prominently displayed on the front, or the principal
        display, of the container, using not less than 5 percent of the
        area of the front, or the principal display, of the container,
        and, as applicable, on 2 sides of any multi-pack packaging.
    ``(2) If it is a food, including a beverage, containing any high-
intensity sweetener intended for human consumption and is offered for
sale, unless its label includes the following statement: `Food and Drug
Administration Warning: Contains high-intensity sweetener. Not
recommended for children.', and such statement is--
            ``(A) enclosed by a rectangular border in bold type and
        readily legible under ordinary conditions alongside an icon
        comprised of an exclamation point contained within a triangle;
        and
            ``(B) prominently displayed on the front, or the principal
        display, of the container, using not less than 5 percent of the
        area of the front, or the principal display, of the container,
        and, as applicable, on 2 sides of any multi-pack packaging.
    ``(3) If it is an ultra-processed food, including a beverage,
intended for human consumption and is offered for sale, unless its
label includes the following statement: `Food and Drug Administration
Warning: Consuming ultra-processed foods and drinks can cause weight
gain, which increases the risk of obesity and type 2 diabetes.', and
such statement is--
            ``(A) enclosed by a rectangular border in bold type and
        readily legible under ordinary conditions alongside an icon
        comprised of an exclamation point contained within a triangle;
        and
            ``(B) prominently displayed on the front, or the principal
        display, of the container, using not less than 5 percent of the
        area of the front, or the principal display, of the container,
        and, as applicable, on 2 sides of any multi-pack packaging.
    ``(4) If it is a food, including a beverage, intended for human
consumption and is offered for sale, and such food contains a nutrient
of concern, such as added sugar, saturated fat, or sodium, or any other
nutrient of concern, as the Secretary determines appropriate, at a
level that increases, for individuals in the general population, the
risk of disease or a health-related condition, as defined by the
Secretary, unless its label includes the following statement for each
nutrient of concern: `High in', followed by the specific nutrient of
concern, and such statement is--
            ``(A) enclosed by an octagon border in bold type and
        readily legible under ordinary conditions; and
            ``(B) prominently displayed on the front, or the principal
        display, of the container, using not less than 5 percent of the
        area of the front, or the principal display, of the container,
        and, as applicable, on 2 sides of any multi-pack packaging.
    ``(5) The Secretary shall promulgate regulations to apply the
labeling requirements under subparagraphs (1), (2), (3), and (4) with
respect to food offered for sale by online retailers.
    ``(6) For purposes of this paragraph--
            ``(A) the term `high-intensity sweetener'--
                    ``(i) means any synthetic, naturally occurring, or
                modified non-nutritive sweetener that is not classified
                as sugar and is used as an ingredient in manufactured
                food, or sold on its own to be added to food; and
                    ``(ii) includes acesulfame K, aspartame, advantame,
                cyclamates, monk fruit, neotame, saccharin, sucralose,
                stevia, and stevia derivatives;
            ``(B) the term `sugar-sweetened beverage'--
                    ``(i) means any beverage intended for human
                consumption to which one or more caloric sweeteners has
                been added and that contains 25 or more calories per 12
                fluid ounces of beverage; and
                    ``(ii) includes drinks and beverages commonly
                referred to as `soda', `pop', `cola', `soft drinks',
                `sports drinks', `energy drinks', `slushies',
                `sweetened ice tea', `fruit juice', or any other drinks
                and beverage, as determined by the Secretary; and
                    ``(iii) does not include--
                            ``(I) infant formula;
                            ``(II) any beverage for medical use;
                            ``(III) any beverage designed as
                        supplemental, meal replacement, or sole-source
                        nutrition that includes proteins,
                        carbohydrates, and multiple vitamins and
                        minerals;
                            ``(IV) any milk product;
                            ``(V) 100 percent natural fruit or
                        vegetable juice; or
                            ``(VI) any alcoholic beverage; and
            ``(C) the term `ultra-processed food'--
                    ``(i) means a food, including a beverage,
                containing one or more industrial ingredients,
                including surface-active agents, stabilizers and
                thickeners, propellants, aerating agents and gases,
                color and coloring adjuncts, emulsifiers and emulsifier
                salts, flavoring agents and adjuvants, flavor
                enhancers, surface-finishing, high-intensity
                sweeteners, and other ingredients, as the Secretary
                determines appropriate; and
                    ``(ii) does not include--
                            ``(I) any product that meets the definition
                        of `healthy' set forth in current regulations
                        promulgated by the Food and Drug
                        Administration; or
                            ``(II) infant formula.''; and
            (2) in paragraph (r)--
                    (A) in subparagraph (2)(A)(vi), by inserting ``,
                including if the Secretary determines that the food is
                high in added sugar, saturated fat, sodium, or any
                other nutrient of concern (as determined by the
                Secretary pursuant to paragraph (z)(4)), or if the food
                contains high-intensity sweetener or is an ultra-
                processed food (as defined in paragraph (z)(6)(C))''
                before the period at the end; and
                    (B) in subparagraph (3)(A)--
                            (i) in subclause (i), by striking ``, and''
                        and inserting a semicolon;
                            (ii) in subclause (ii), by striking the
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(iii) if the food is not required to include a nutrition
        warning label under subparagraph (1), (2), (3), or (4) of
        paragraph (z).''.
    (b) Advertising.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
    ``(jjj)(1) Marketing or advertising a food for which labeling is
required under section 403(z), in a manner that reasonably appears to
be directed at children.
    ``(2) In determining whether any marketing or advertising
reasonably appears to be directed to children for purposes of
subparagraph (1), the Secretary shall consider the totality of the
circumstances, including whether such marketing or advertising uses
themes or promotional strategies for food described in section 403(z)
that appeal to children, such as the use of fun or fantasy themes,
athletes and celebrities, cross-promotions using fictional characters,
cartoon characters, social media influencers, animation, children's
music, actors, or situations representing children's daily life, or
free gifts or toys, contests, interactive games, or mobile or computer
applications.''.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2027 through 2031 for purposes of promulgating
regulations and carrying out enforcement activities with respect to the
labeling requirements under the amendments made by subsections (a) and
(b).
    (d) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.

SEC. 102. NATIONAL INSTITUTES OF HEALTH RESEARCH ON NUTRITION SCIENCE.

    Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:

``SEC. 404P. RESEARCH AND COLLABORATION ON NUTRITION SCIENCE.

    ``(a) In General.--The Director of NIH shall expand, intensify, and
coordinate programs, such as the Nutrition Regulatory Science Program,
for the conduct and support of research with respect to nutrition
science, including research on--
            ``(1) the health effects of ultra-processed foods on
        consumers;
            ``(2) the specific food and beverage ingredients,
        additives, sweeteners, and chemicals within ultra-processed
        foods that may be harmful to health;
            ``(3) the safety profile of food and beverage ingredients,
        additives, sweeteners, and chemicals that have been self-
        affirmed by food and beverage manufacturers as generally
        recognized as safe without review of such status by the Food
        and Drug Administration; and
            ``(4) the formulation of ultra-processed foods to have
        hyper-palatable qualities and association with addiction.
    ``(b) Meetings on Nutrition.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of the Childhood Diabetes Reduction Act of 2026, and
        every 5 years thereafter, the Director of NIH, in coordination
        with the Commissioner of Food and Drugs and the heads of other
        agencies, as appropriate, shall convene a public meeting for
        the purpose of discussing research efforts aimed at improving
        nutrition and reducing the incidence of diet-related chronic
        disease, with the goal of informing Federal policy.
            ``(2) Participants.--
                    ``(A) In general.--Each meeting under paragraph (1)
                shall involve a diverse group of stakeholders,
                including food scientists and researchers, registered
                dietitians and nutritionists, clinicians specializing
                in nutrition-related diseases, Federal stakeholders,
                and nongovernmental organizations focused on nutrition
                and health.
                    ``(B) Consideration.--In selecting stakeholders
                described in subparagraph (A) for participation in each
                meeting under paragraph (1), the Director of NIH shall
                ensure that stakeholders who are speaking at the
                meeting have no financial affiliation with
                manufacturers of ultra-processed food.
            ``(3) Topics.--Each meeting under paragraph (1) shall
        include discussion of--
                    ``(A) current research findings related to
                nutrition and chronic disease, including the impact of
                food labeling requirements under section 403(z) of the
                Federal Food, Drug, and Cosmetic Act;
                    ``(B) any gaps in such research and priorities for
                future research;
                    ``(C) evidence-based practices for improving
                nutrition and innovative approaches to prevent and
                manage chronic conditions through dietary innovations;
                and
                    ``(D) such other topics as the Director of NIH
                determines appropriate.
            ``(4) Report to congress.--The Director NIH, in
        coordination with the Commissioner of Food and Drugs, shall
        submit a report on each meeting under paragraph (1) to the
        Committee on Health, Education, Labor, and Pensions of the
        Senate and the Committee on Energy and Commerce of the House of
        Representatives, and shall make each such report publicly
        available on the website of the National Institutes of Health.
    ``(c) Definition.--In this section, the term `ultra-processed food'
has the meaning given such term in section 403(z)(6) of the Federal
Food, Drug, and Cosmetic Act.
    ``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $60,000,000
for each fiscal years 2027 through 2031.''.

SEC. 103. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION CAMPAIGN.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by striking section 399Y and inserting the following:

``SEC. 399Y. NUTRITION AND PHYSICAL ACTIVITY PUBLIC EDUCATION CAMPAIGN.

    ``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, and in collaboration
with national, State, Tribal, and local partners, physical activity
organizations, nutrition experts, physical activity experts, health
professional organizations, and other organizations, as appropriate,
shall develop a national public campaign to educate the public,
including adults, children, and caregivers, concerning--
            ``(1) how to read and understand the nutrient warning
        labels required under subparagraphs (1) through (4) of section
        403(z) of the Federal Food, Drug, and Cosmetic Act;
            ``(2) the health risks associated with obesity, inactivity,
        and poor nutrition, including consumption of foods described in
        subparagraphs (1) through (4) of section 403(z) of the Federal
        Food, Drug, and Cosmetic Act;
            ``(3) ways to incorporate physical activity into daily
        living;
            ``(4) ways to support a healthy lifestyle and reduce the
        risk of chronic illness, including obesity;
            ``(5) the benefits of good nutrition; and
            ``(6) strategies to improve eating and drinking habits,
        such as identifying and selecting healthier food choices and
        reducing consumption of added sugars, saturated fat, and
        sodium.
    ``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2027 through 2031.''.

                   TITLE II--FEDERAL TRADE COMMISSION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Child.--The term ``child'' means an individual who is
        under the age of 13.
            (2) Child-directed advertising.--The term ``child-directed
        advertising'' means any advertisement--
                    (A) that uses themes or promotional strategies that
                appeal to children, which may include the use of--
                            (i) fun or fantasy themes, cartoon
                        characters, social media influencers,
                        animation, endorsements by celebrities and
                        athletes, cross-promotions using fictional
                        characters, children's music, actors, or
                        situations representing children's daily life;
                        or
                            (ii) free gifts or toys, contests,
                        interactive games, or mobile or computer
                        applications; or
                    (B) in media for which children comprise at least
                30 percent of the audience, as determined by the
                Commission, that is displayed using--
                            (i) traditional measured media, such as
                        television, radio, and printed media; or
                            (ii) electronic media, content created by
                        influencers, online videos, company-sponsored
                        websites, social media, movies, and video
                        games.
            (3) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (4) Junk food.--The term ``junk food'' means products with
        labeling requirements described in subparagraph (1), (2), (3),
        or (4) of paragraph (z) of section 403 of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 343), as added by section
        101(a) of this Act.

SEC. 202. RESTRICTIONS ON ADVERTISEMENTS FOR JUNK FOOD DIRECTED AT
              CHILDREN; REQUIRED DISCLOSURE OF ANY HEALTH AND NUTRIENT
              WARNING LABEL IN ADVERTISEMENTS.

    (a) Marketing or Advertising Junk Food to Children.--
            (1) In general.--It shall be unlawful for any person to
        market or advertise, or produce or distribute any advertisement
        or marketing material for, junk food by using child-directed
        advertising.
            (2) Considerations.--In determining whether any marketing
        or advertising uses child-directed advertising for purposes of
        subparagraph (A), the Commission shall consider the totality of
        the circumstances.
    (b) Required Disclosure.--It shall be unlawful for any person to
market or advertise, or produce or distribute any advertisement or
marketing material for, junk food without including in such
advertisement or marketing material the relevant mandatory health or
nutrient warning label or notice described in section 403(z) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(z)).
    (c) Effective Date.--The prohibitions established in this section
shall take effect on the date that is 1 year after the date of
enactment of this Act.
    (d) Enforcement by the Commission.--
            (1) Unfair or deceptive act or practice.--A violation of
        this section or a regulation promulgated under this section
        shall be treated as a violation of a rule defining an unfair or
        deceptive act or practice under section 18(a)(1)(B) of the
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--Except as provided in subparagraph
                (C), the Commission shall enforce this section in the
                same manner, by the same means, and with the same
                jurisdiction, powers, and duties as though all
                applicable terms and provisions of the Federal Trade
                Commission Act (15 U.S.C. 41 et seq.) were incorporated
                into and made a part of this section.
                    (B) Privileges and immunities.--Except as provided
                in subparagraph (C), any person who violates this
                section or a regulation promulgated under this section
                shall be subject to the penalties and entitled to the
                privileges and immunities provided in the Federal Trade
                Commission Act (15 U.S.C. 41 et seq.).
                    (C) Common carriers.--Notwithstanding section 4,
                5(a)(2), or 6 of the Federal Trade Commission Act (15
                U.S.C. 44, 45(a)(2), 46) or any jurisdictional
                limitation of the Commission, the Commission shall also
                enforce this Act, in the same manner provided in
                subparagraphs (A) and (B), with respect to common
                carriers subject to the Communications Act of 1934 (47
                U.S.C. 151 et seq.) and Acts amendatory thereof and
                supplementary thereto.
                    (D) Authority preserved.--Nothing in this section
                shall be construed to limit the authority of the
                Commission under any other provision of law.
                    (E) Rulemaking.--The Commission shall promulgate in
                accordance with section 553 of title 5, United States
                Code, such rules as may be necessary to carry out this
                section.

SEC. 203. RESTORING THE FEDERAL TRADE COMMISSION'S ABILITY TO
              PROMULGATE RULES ON CHILDREN'S ADVERTISING.

    (a) In General.--Section 18(h) of the Federal Trade Commission Act
(15 U.S.C. 57a(h)) is repealed.
    (b) Conforming Amendment.--Section 18(a)(1) of such Act is amended
in the matter preceding subparagraph (A), by striking ``Except as
provided in subsection (h), the Commission'' and inserting ``The
Commission''.
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