Baby Brent’s Bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9969 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9969

To direct the Federal Trade Commission to conduct an investigation and
 submit to Congress a report on unfair or deceptive acts or practices
that may be prevalent in the advertising or marketing of preterm infant
 formula and to issue regulations to prohibit unfair or deceptive acts
or practices related to the advertising or marketing of preterm infant
                    formula, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2026

Mr. Pappas (for himself and Ms. DeLauro) introduced the following bill;
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

To direct the Federal Trade Commission to conduct an investigation and
 submit to Congress a report on unfair or deceptive acts or practices
that may be prevalent in the advertising or marketing of preterm infant
 formula and to issue regulations to prohibit unfair or deceptive acts
or practices related to the advertising or marketing of preterm infant
                    formula, 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. SHORT TITLE.

    This Act may be cited as the ``Baby Brent's Bill''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) parents should retain the right to be fully informed
        about, and to take steps to protect, the health of their
        preterm infants;
            (2) there are numerous studies that document that, when
        necessary, human milk-based fortifiers are generally considered
        safer than bovine fortifiers;
            (3) scientific gaps still exist for better understanding
        how certain feeding practices may impact a preterm infant
        developing necrotizing enterocolitis (in this section referred
        to as ``NEC'');
            (4) one of the deadliest comorbidities associated with
        prematurity and the most common gastrointestinal emergency
        experienced by preterm infants in the Newborn Intensive Care
        Unit is NEC;
            (5) 1 baby dies of NEC each day;
            (6) strong individual protection for preterm infants and
        their families is critical to preserving their ability to seek
        compensation when harm occurs, specifically in cases where
        preterm infants were exposed to factors that may have increased
        the risk of developing NEC; and
            (7) no manufacturer of preterm infant formula or related
        products should be permitted to limit, evade, or otherwise
        diminish the ability of families to pursue legal recourse when
        their preterm infants experience harm.

SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATED TO THE
              ADVERTISING AND MARKETING OF PRETERM INFANT FORMULA.

    (a) Investigation and Report by Commission.--
            (1) Investigation.--
                    (A) In general.--The Commission shall conduct an
                investigation on the advertising and marketing of
                preterm infant formula that shall identify potentially
                unfair or deceptive acts or practices that may be
                prevalent in such advertising or marketing, as well as
                any other information as the Commission determines
                appropriate.
                    (B) Considerations.--In conducting the
                investigation required by subparagraph (A), the
                Commission shall consider advertising or marketing
                materials with respect to preterm infant formula that
                may exclude--
                            (i) labeling information about potential
                        health risks associated with the consumption of
                        preterm infant formula and fortifiers; or
                            (ii) differences, including with respect to
                        benefits and drawbacks, between consuming human
                        breast milk and human milk-based fortifiers and
                        consuming bovine-based fortifiers during
                        infancy.
            (2) Report.--Not later than 1 year after the date of the
        enactment of this section, the Commission shall submit to
        Congress a report on the investigation required by paragraph
        (1)(A) and any recommendation for legislation or administrative
        action as the Commission determines appropriate.
            (3) Exemption from paperwork reduction act.--This
        subsection is exempt from subchapter I of chapter 35 of title
        44, United States Code (commonly known as the ``Paperwork
        Reduction Act'').
    (b) Regulations.--
            (1) In general.--Not later than 18 months after the date on
        which the Commission submits the report as required by
        subsection (a)(2), the Commission shall promulgate, under
        section 553 of title 5, United States Code, regulations to
        prohibit any manufacturer or importer of preterm infant formula
        from engaging in any unfair or deceptive act or practice
        related to the advertising or marketing of preterm infant
        formula.
            (2) Requirements.--In promulgating regulations pursuant to
        paragraph (1), the Commission shall address advertising or
        marketing materials with respect to preterm infant formula that
        may exclude--
                    (A) labeling information about potential health
                risks associated with the consumption of preterm infant
                formula and fortifiers; or
                    (B) differences, including with respect to benefits
                and drawbacks, between consuming human breast milk and
                human milk-based fortifiers and consuming bovine-based
                fortifiers during infancy.
    (c) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of
        a regulation promulgated pursuant to subsection (b)(1) 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 commission.--
                    (A) In general.--The Commission shall enforce the
                regulations promulgated pursuant to subsection (b)(1)
                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 Act.
                    (B) Privileges and immunities.--Any person who
                violates a regulation promulgated pursuant to
                subsection (b)(1) 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.).
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Preterm infant.--The term ``preterm infant'' means an
        infant who--
                    (A) is born before 37 weeks of gestation; or
                    (B) is a low birth weight infant.
            (3) Preterm infant formula.--The term ``preterm infant
        formula'' means any infant formula that--
                    (A) is exempt under section 412(h)(1) of the
                Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                350a(h)(1)); and
                    (B) is intended to be administered to a preterm
                infant.
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