S. 5026: Childhood Diabetes Reduction Act of 2026

This bill would create new warning label and advertising rules for certain foods and drinks, especially products linked to added sugar, high-intensity sweeteners, ultra-processed ingredients, saturated fat, and sodium.

Food label warnings

The bill would require specific front-of-package warning labels on:

• Sugar-sweetened beverages that contain at least 25 calories per 12 ounces, such as soda, sports drinks, energy drinks, sweetened iced tea, and some fruit drinks.

• Foods and beverages with high-intensity sweeteners such as aspartame, sucralose, stevia, saccharin, and similar sweeteners.

• Ultra-processed foods, defined broadly as foods containing certain industrial ingredients or additives.

• Foods high in nutrients of concern, such as added sugar, saturated fat, or sodium, or other nutrients the Health and Human Services Secretary later identifies.

These warnings would have to be placed prominently on the front of the package, cover at least 5% of the front label area, and use specific formatting. The bill also directs the government to apply these labeling rules to food sold by online retailers.

Advertising restrictions

The bill would make it unlawful to market or advertise these covered foods as junk food in ways that are reasonably directed at children under 13. In deciding whether an ad is child-directed, regulators would look at the overall context, including whether it uses things like cartoons, fantasy themes, influencers, celebrities, toys, games, contests, apps, or child-oriented music and imagery.

The bill would also require any advertisement or marketing for these products to include the relevant warning label or notice from the food package.

Federal agency actions

The bill would direct the Department of Health and Human Services, Food and Drug Administration, National Institutes of Health, Centers for Disease Control and Prevention, and Federal Trade Commission to take several related actions:

• HHS/FDA: write regulations for the warning labels and enforce the labeling and advertising rules.

• NIH: expand research on ultra-processed foods, sweeteners, additives, safety of ingredients that manufacturers have self-affirmed as generally recognized as safe, and possible links between ultra-processed foods and addictive-like eating patterns.

• NIH: hold a public meeting within one year, and every five years after that, to discuss nutrition research and chronic disease prevention, and report the results to Congress.

• CDC: run a national public education campaign explaining the warning labels, the health risks tied to poor diet and inactivity, and ways to improve nutrition and physical activity.

• FTC: enforce the new child-directed advertising restrictions and related disclosure requirements.

FTC rulemaking authority

The bill would also restore the FTC’s ability to issue rules about children’s advertising by repealing a provision that currently limits that authority.

Funding and timing

The bill authorizes funding for several years to carry out these provisions:

• $5 million per year from fiscal years 2027 through 2031 for HHS labeling enforcement.

• $60 million per year from fiscal years 2027 through 2031 for NIH nutrition research and meetings.

• $10 million per year from fiscal years 2027 through 2031 for the CDC public education campaign.

The labeling and advertising rules would generally take effect one year after enactment.

Relevant Companies

• KO — Coca-Cola could be directly affected by warning labels and child-directed advertising restrictions on many of its sugar-sweetened beverages.

• PEP — PepsiCo could be directly affected through soft drinks, sports drinks, and other packaged foods and beverages covered by the bill.

• KDP — Keurig Dr Pepper could be affected by labeling and advertising rules for sweetened beverages.

• MNST — Monster Beverage could be affected by warning-label and advertising rules for energy drinks and other sweetened beverages.

• MDLZ — Mondelez could be affected if products are classified as ultra-processed or high in nutrients of concern, which could trigger labeling and marketing limits.

• GIS — General Mills could be affected by front-of-package warning labels on certain packaged foods and limits on child-directed marketing.

• K — Kellanova could be affected by warning labels and advertising limits for packaged snack and breakfast foods.

• HSY — Hershey could be affected if some confectionery products fall under the bill’s labeling and advertising rules.

• TSN — Tyson Foods could be affected if certain processed food products are covered by the bill’s nutrient-warning standards.