H.R. 10278: Removing Excess Additives and Limiting Sugar Act

This bill would make it illegal, under federal food law, to sell food for human consumption that contains high fructose corn syrup. In practical terms, it would treat such food as “adulterated” under the Federal Food, Drug, and Cosmetic Act, which gives federal regulators a basis to restrict or remove those products from interstate commerce.

What changes would happen

• It would add a new federal rule saying food meant for people cannot contain high fructose corn syrup.
• The change would apply to foods introduced into interstate commerce two years after the bill becomes law, giving manufacturers time to adjust.
• The Food and Drug Administration, through the Secretary of Health and Human Services, would be responsible for carrying out the law.

What it would mean in practice

Food companies would likely need to reformulate products that currently use high fructose corn syrup as an ingredient. That could affect a wide range of items, such as soft drinks, flavored drinks, baked goods, sauces, cereals, and processed snacks, depending on whether they use the ingredient.

Reporting requirement

Within three years after enactment, the Secretary of Health and Human Services would have to send Congress a report covering:

• how far industry has gotten in changing recipes to comply with the law;
• what regulations the agency has adopted or revised to implement the law; and
• whether Congress should take any additional action.

Relevant Companies

• KO — Coca-Cola is a major beverage company whose products may use high fructose corn syrup in some formulations, so it could need to adjust recipes for certain U.S. products.
• PEP — PepsiCo makes many beverages and packaged foods that may contain high fructose corn syrup, and could face reformulation costs and ingredient changes.
• KDP — Keurig Dr Pepper sells soft drinks and other beverages that may use high fructose corn syrup, potentially affecting product formulations.
• CAG — Conagra Brands produces packaged foods and sauces that may contain high fructose corn syrup, which could require recipe changes.
• KHC — Kraft Heinz makes sauces, condiments, and packaged foods that may use high fructose corn syrup, so some product lines could be affected.
• MCD — McDonald's does not manufacture ingredients itself, but menu items and supplier formulations could be affected if products served in the U.S. currently rely on high fructose corn syrup.