H.R. 6294 — Childhood Diabetes Reduction Act of 2025

This section amends Section 403 of the Federal Food, Drug, and Cosmetic Act to deem the following foods and beverages misbranded if offered for sale without specified health warning labels prominently displayed on the front principal display panel using at least 5% of the area (and on multi-packs or vending machines as applicable): (1) sugar-sweetened beverages (i.e., those with added caloric sweeteners and 25 or more calories per 12 fluid ounces, excluding infant formula, medical beverages, milk products, 100% natural fruit/vegetable juice, and alcohol), requiring the 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.” in a rectangular border with bold type and a triangle exclamation-point icon; (2) foods containing non-sugar sweeteners (i.e., synthetic, naturally-occurring, or modified non-nutritive sweeteners such as acesulfame K, aspartame, sucralose, or stevia), requiring the statement “Food and Drug Administration Warning: Contains non-sugar sweeteners. Not recommended for children.” in a rectangular border with bold type and a triangle exclamation-point icon; (3) ultra-processed foods, requiring the 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.” in a rectangular border with bold type and a triangle exclamation-point icon (with the term defined initially via industrial ingredients such as emulsifiers or flavor enhancers, and permanently via FDA regulations within one year of a National Academies report); (4) foods with nutrients of concern (e.g., added sugar, saturated fat, sodium, or others as determined by the Secretary) at levels increasing disease risk, requiring a “High in [nutrient]” statement in an octagon border with bold type. It further directs the Secretary to promulgate regulations applying these requirements to online retailers.

This section directs the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research programs on nutrition science, including (1) health effects of ultra-processed foods; (2) potentially harmful ingredients, additives, sweeteners, and chemicals in such foods; (3) safety of manufacturer self-affirmed generally recognized as safe (GRAS) substances not reviewed by FDA; and (4) hyper-palatability and addiction potential of ultra-processed food formulations. (Ultra-processed food has the meaning given in section 403(z)(6) of the Federal Food, Drug, and Cosmetic Act.) The section further requires NIH, in coordination with the FDA Commissioner and other agency heads as appropriate, to convene public meetings not later than one year after enactment and every five years thereafter to discuss nutrition research, chronic disease prevention, food labeling under FFDCA section 403(z), research gaps, and evidence-based dietary practices. These meetings must include a majority of participants without financial ties to ultra-processed food manufacturers and result in reports to the Senate HELP Committee, House Energy and Commerce Committee, and public posting on the NIH website. The section authorizes $60 million for FY2026 through FY2030 to carry out these activities.

This section revises section 399Y of the Public Health Service Act to direct the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC) and in collaboration with national, state, Tribal, and local partners; physical activity and nutrition experts; health professional organizations; and others, to develop a national public education campaign for adults, children, and caregivers. The campaign addresses (1) reading and understanding nutrient warning labels required under specified provisions of the Federal Food, Drug, and Cosmetic Act, (2) health risks of obesity, physical inactivity, and poor nutrition, (3) incorporating physical activity into daily living, (4) supporting healthy lifestyles to reduce chronic disease risk, (5) benefits of good nutrition, and (6) strategies to improve eating and drinking habits such as selecting healthier foods and reducing added sugars, saturated fat, and sodium. It authorizes appropriations of $10 million for each of FY2026 through FY2030.

This section defines terms for purposes of the title, including (1) "child" as an individual under the age of 13; (2) "child-directed advertising" as any advertisement using themes or promotional strategies appealing to children (e.g., fun or fantasy themes, cartoon characters, social media influencers, free gifts, toys, contests, or games) or displayed in media for which children comprise at least 30% of the audience (e.g., television, radio, print, electronic media, online videos, social media, or video games), as determined by the Federal Trade Commission; (3) "Commission" as the Federal Trade Commission; and (4) "junk food" as products subject to labeling requirements in subparagraphs (1) through (4) of new paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as added by section 101(a).

This section prohibits any person from marketing or advertising junk food (i.e., products required to bear a health or nutrient warning label under section 403(z) of the Federal Food, Drug, and Cosmetic Act) using child-directed advertising—determined by the Federal Trade Commission (FTC) based on the totality of circumstances—or without including the relevant mandatory warning label in such materials. It directs the FTC to enforce these prohibitions as unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), with the same powers, penalties, privileges, and immunities as under the FTC Act (15 U.S.C. 41 et seq.), notwithstanding jurisdictional exemptions in FTC Act sections 4, 5(a)(2), and 6 (15 U.S.C. 44, 45(a)(2), 46) to extend enforcement to common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.); requires FTC rulemaking under the Administrative Procedure Act; and sets an effective date of one year after enactment. (Thus, the provision overcomes longstanding FTC jurisdictional limits on common carriers, such as telecommunications providers, enabling enforcement against platforms distributing junk food ads.)

This section repeals subsection (h) of Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a(h)), which prohibited the Federal Trade Commission from promulgating trade regulation rules under subsection (a)(1)(B) defining with specificity unfair or deceptive acts or practices in or affecting commerce, including those related to children's advertising. It also makes a conforming amendment to subsection (a)(1) by striking the phrase "Except as provided in subsection (h), the Commission" and inserting "The Commission".