H.R. 8412 — 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.

This section directs the Secretary of Health and Human Services, acting through the FDA Commissioner, to revise food labeling regulations (21 CFR 101.3 and part 102) to (1) prohibit any powdered or liquid beverage—other than infant formula—for children over 12 months of age from being identified as “infant formula” or using the term “formula” in combination with any other term; and (2) require beverages claiming use by children 12 to 36 months of age to use descriptive common or usual names (e.g., “milk-based drink” for milk-based products or “soy-based drink powder for 12–36 month olds” for nondairy products), with qualifying terms such as “sweetened” or “flavored” if containing added sugars, nonnutritive sweeteners, or flavorings. Such beverages' labels must include a disclaimer cautioning against use by infants under 12 months (e.g., “DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD”) and stating they are not recommended for children 12 to 24 months due to added sugars per the Dietary Guidelines for Americans (e.g., “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 must not suggest any recommended daily intake (e.g., “one cup a day”). The Secretary must issue proposed regulations within one year of enactment and final regulations within two years (with proposed regulations becoming final if the deadline is missed), with the revisions applying beginning three years after enactment.