H.R. 9969: Baby Brent’s Bill

This bill would require the Federal Trade Commission (FTC) to examine how preterm infant formula is advertised and marketed, and then create rules to stop unfair or misleading practices in that marketing.

What the bill covers

The bill focuses on preterm infant formula, meaning infant formula intended for babies born before 37 weeks of pregnancy or babies with low birth weight. It also covers related products such as fortifiers used for preterm infants.

FTC investigation and report

Within one year after the law takes effect, the FTC would have to investigate advertising and marketing of preterm infant formula. The FTC would look for practices that may be unfair or deceptive, including marketing that:

• does not disclose potential health risks associated with preterm infant formula and fortifiers;
• does not explain differences between human breast milk and human milk-based fortifiers versus bovine-based fortifiers, including the pros and cons of each.

The FTC would then submit a report to Congress with its findings and any recommendations for new laws or agency action.

New FTC regulations

Within 18 months after submitting the report, the FTC would have to issue regulations that prohibit manufacturers or importers of preterm infant formula from engaging in unfair or deceptive advertising or marketing practices.

Those regulations would need to address marketing materials that leave out:

• information about possible health risks tied to preterm infant formula and fortifiers; or
• information about the differences between human breast milk or human milk-based fortifiers and bovine-based fortifiers, including benefits and drawbacks.

Enforcement

If a company violates the FTC’s regulations, that violation would be treated like a violation of an FTC unfair-or-deceptive-practices rule. That means the FTC could enforce the rule using its normal powers under the FTC Act, including penalties and other remedies available under that law.

Additional statements in the bill

The bill also includes congressional findings saying, among other things, that parents should be fully informed, that certain human milk-based products may be safer than bovine-based fortifiers in some cases, and that families should not be prevented from seeking legal recourse if harm occurs. These statements express the bill’s background and purpose, but do not themselves create direct legal duties.

Relevant Companies

• ABT — Abbott manufactures infant nutrition products, including specialty formulas that could be subject to new advertising and marketing restrictions.
• MDLZ — Through its ownership interests in nutrition-related businesses, it could be indirectly affected if regulation changes marketing practices in specialized infant nutrition.
• HAE — If involved in neonatal or nutritional products, it could be affected by tighter FTC rules on marketing to hospitals or caregivers.