I 
118TH CONGRESS 
1ST SESSION H. R. 2901 
To amend the Federal Food, Drug, and Cosmetic Act to strengthen require-
ments related to nutrient information on food labels, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2023 
Mr. PALLONE (for himself and Ms. DELAURO) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
strengthen requirements related to nutrient information 
on food labels, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Food Labeling Modernization Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Additional requirements for front-of-package labeling for foods. 
Sec. 3. Claims for conventional foods. 
Sec. 4. Use of specific terms. 
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Sec. 5. Format of ingredient list. 
Sec. 6. Declaration of phosphorus in the ingredient list. 
Sec. 7. Caffeine content on information panel. 
Sec. 8. Food allergen labeling. 
Sec. 9. Information about major food allergens and gluten-containing grains. 
Sec. 10. Submission and availability of food label information. 
Sec. 11. Standards of identity. 
Sec. 12. Study on fortification of corn masa flour. 
Sec. 13. Sugar alcohols and isolated fibers. 
Sec. 14. Infant and toddler beverages. 
Sec. 15. Formatting of information on principal display panels. 
Sec. 16. Sale of food online. 
Sec. 17. Definitions. 
Sec. 18. Regulations; delayed applicability. 
SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACK-
AGE LABELING FOR FOODS. 
(a) INTERPRETIVE NUTRITION INFORMATION.—Sec-
tion 403 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 343) is amended by adding at the end the fol-
lowing: 
‘‘(z)(1) Except as provided in subparagraphs (3), (4), 
and (5) of paragraph (q), if it is food (other than a dietary 
supplement) intended for human consumption and is of-
fered for sale and otherwise required to bear nutrition la-
beling, unless its principal display panel bears interpretive 
nutrition information. 
‘‘(2) Final regulations regarding the interpretive nu-
trition information required under subparagraph (1) shall 
meet the following criteria: 
‘‘(A) There shall be a standardized symbol sys-
tem that displays calorie information related to the 
serving size determined under paragraph (q)(1)(A), 
and interpretive nutrition information related to the 
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content of added sugars, sodium, saturated fat, and 
any other nutrients that the Secretary determines 
the highlighting of which will assist consumers in 
maintaining healthy dietary practices, including by 
highlighting products containing high levels of such 
nutrients. 
‘‘(B) The system shall clearly distinguish be-
tween products of greater or lesser nutritional value. 
‘‘(C) The information shall— 
‘‘(i) appear in a consistent location on the 
principal display panels across products; 
‘‘(ii) have a prominent design that visually 
contrasts with existing packaging design; and 
‘‘(iii) be sufficiently large to be easily leg-
ible. 
‘‘(3) In promulgating regulations regarding the inter-
pretive nutrition information required under subpara-
graph (1) and the standardized symbol system required 
under subparagraph (2)(A), the Secretary shall take into 
account published reports by the Health and Medicine Di-
vision of the National Academy of Sciences, Engineering, 
and Medicine regarding interpretive nutrition information, 
and base regulations on the following principles: 
‘‘(A) Consumers should be able to quickly and 
easily comprehend the meaning of the system as an 
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indicator of a product’s contribution to a healthy 
diet without requiring specific or sophisticated nutri-
tional knowledge. 
‘‘(B) The nutrition information should be con-
sistent with the Nutrition Facts Panel and with the 
recommendations of the Dietary Guidelines for 
Americans. 
‘‘(C) The information should aim to facilitate 
consumer selection of healthy product options, in-
cluding among nutritionally at-risk subpopulations. 
‘‘(4) The Secretary should periodically evaluate the 
standardized symbol system required under subparagraph 
(2)(A) to assess its effectiveness in facilitating consumer 
selection of healthy product options and the extent to 
which manufacturers are offering healthier products as a 
result of the disclosure. 
‘‘(5) The implementation of this paragraph should be 
accompanied by appropriate consumer education and pro-
motion campaigns determined by the Secretary.’’. 
(b) PERCENTAGE OF WHEAT AND GRAINS IN GRAIN- 
BASED PRODUCTS, AND AMOUNT OF REAL FRUIT, VEGE-
TABLE, AND YOGURT
IN PRODUCTS BEARING FRUIT, 
VEGETABLE, AND YOGURT CLAIMS.—Section 403 of the 
Federal Food, Drug, and Cosmetic Act, as amended by 
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subsection (a), is further amended by adding at the end 
the following: 
‘‘(aa) If, in the case of food other than a dietary sup-
plement, the principal display panel bears— 
‘‘(1) the term ‘whole wheat’, ‘whole grain’, 
‘made with whole grain’, or ‘multigrain’; 
‘‘(2) a declaration of the whole grain content by 
weight; 
‘‘(3) the term ‘wheat’ on a wheat bread, pasta, 
or similar product that is typically made from wheat; 
or 
‘‘(4) any similar descriptive phrases, terms, or 
representations suggesting the product contains 
whole grains, 
unless the amounts of whole grains and refined grains, 
expressed as a percentage of total grains, are conspicu-
ously disclosed in immediate proximity to the most promi-
nent descriptive phrase, term, or representation using a 
font color and formatting of equivalent prominence to the 
descriptive phrase, term, or representation with respect to 
whole grain content, or unless 100 percent of the grains 
in the food are whole grains. 
‘‘(bb)(1) If, in the case of food other than a dietary 
supplement, the principal display panel bears— 
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‘‘(A) the term ‘fruit’, ‘fruity’, ‘froot’, ‘frooty’, or 
‘fruit-flavored’; 
‘‘(B) representations, depictions, or images of 
such ingredients; or 
‘‘(C) any similar descriptive phrases, terms, or 
representations suggesting the product contains fruit 
or any specific type of fruit, 
unless the quantity per serving and form of fruit, includ-
ing only the nutrient-dense forms, is declared on the prin-
cipal display panel in a common household measure that 
is appropriate to the food, conspicuously, and in imme-
diate proximity to the most prominent term, representa-
tion, depiction, or image of fruit. 
‘‘(2) The Secretary shall by regulation establish 
quantities below which such declaration shall state that 
the food does not contain any full serving of fruit. 
‘‘(3) In this paragraph, the term ‘nutrient-dense’, 
with respect to the form of an ingredient derived from a 
fruit, means the whole, cut, dried, pulp, puree, 100-per-
cent juice, or fully reconstituted concentrate form, and not 
concentrates, powders, and other ingredients that are not 
whole, cut, dried, pulp, puree, 100-percent juice, or fully 
reconstituted concentrates. 
‘‘(cc)(1) If, in the case of food other than a dietary 
supplement, the principal display panel bears— 
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‘‘(A) the term ‘vegetable’ or ‘veggie’; 
‘‘(B) representations, depictions, or images of 
such ingredients; or 
‘‘(C) any similar descriptive phrases, terms, or 
representations suggesting the product contains 
vegetables or any specific type of vegetable, 
unless the quantity per serving and form of vegetable, in-
cluding only the nutrient-dense form, is declared on the 
principal display panel in a common household measure 
that is appropriate to the food, conspicuously, and in im-
mediate proximity to the most prominent term, represen-
tation, depiction, or image of vegetable. 
‘‘(2) The Secretary shall by regulation establish 
quantities below which such declaration shall state that 
the food does not contain any full serving of vegetable. 
‘‘(3) In this paragraph, the term ‘nutrient-dense’, 
with respect to the form of an ingredient derived from a 
vegetable, means the whole, cut, dried, pulp, puree, 100- 
percent juice, or fully reconstituted concentrate form, and 
not concentrates, powders, and other ingredients that are 
not whole, cut, dried, pulp, puree, 100-percent juice, or 
fully reconstituted concentrates. 
‘‘(dd)(1) If, in the case of food other than a dietary 
supplement, the principal display panel bears the term ‘yo-
gurt’, unless— 
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‘‘(A) the quantity per serving of yogurt is de-
clared on the principal display panel in a common 
household measure that is appropriate to the food, 
conspicuously, in immediate proximity to the term; 
or 
‘‘(B) the first ingredient is cultured milk, cul-
tured cream, cultured partially skimmed milk, or 
cultured skim milk. 
‘‘(2) The Secretary shall by regulation establish 
quantities below which such declaration shall state that 
the food does not contain any full serving of yogurt.’’. 
(c) COLORING AND FLAVORING.—Section 403 of the 
Federal Food, Drug, and Cosmetic Act, as amended by 
subsection (b), is further amended by adding at the end 
the following: 
‘‘(ee) If, in the case of food other than a dietary sup-
plement, it bears or contains any artificial dye, or any 
added artificial or natural flavoring, unless such fact is 
prominently stated on the principal display panel of the 
packaging of the food. For the purposes of this paragraph, 
the term ‘artificial dye’ refers to a batch-certified dye cer-
tified under part 74 of title 21, Code of Federal Regula-
tions (or any successor regulations).’’. 
(d) SWEETENERS.— 
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(1) IN GENERAL.—Section 403 of the Federal 
Food, Drug, and Cosmetic Act, as amended by sub-
section (c), is further amended by adding at the end 
the following: 
‘‘(ff) If, in the case of food other than a dietary sup-
plement, it bears or contains any added artificial or nat-
ural noncaloric sweetener, unless such fact is prominently 
stated on the principal display panel of the packaging of 
the food.’’. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary of Health and Human Services (referred 
to in this Act as the ‘‘Secretary’’) shall submit 
to Congress a report that— 
(i) evaluates whether— 
(I) manufacturers have increased 
the use of low- and no-calorie sweet-
eners; and 
(II) the use of low- and no-cal-
orie sweeteners has risen to a level 
that could result in negative health 
consequences; and 
(ii) describes actions that will be 
taken by the Secretary to address any in-
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creased use of low- and no-calorie sweet-
eners. 
(B) MONITORING.—On completion of the 
report described in subparagraph (A), the Sec-
retary shall— 
(i) periodically monitor for increased 
use of low- and no-calorie sweeteners; and 
(ii) take action to address the use of 
low- and no-calorie sweeteners if the use 
has risen to a level that could result in 
negative health consequences. 
(e) CONSTRUCTION.—Nothing in this section, includ-
ing any amendment made by this section, shall be con-
strued as— 
(1) affecting any requirement in regulation in 
effect as of the date of the enactment of this Act 
with respect to matters that are required to be stat-
ed on the principal display panel of a package or 
container of food that is not required by an amend-
ment made by this section; or 
(2) restricting the authority of the Secretary of 
Health and Human Services to require additional in-
formation be disclosed on such a principal display 
panel. 
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SEC. 3. CLAIMS FOR CONVENTIONAL FOODS. 
(a) HEALTH-RELATED CLAIMS.— 
(1) IN GENERAL.—Section 403(r)(1)(B) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343(r)(1)(B)) is amended by inserting after ‘‘health- 
related condition’’ the following: ‘‘, describes the ef-
fect that a nutrient may have on the structure or 
function of the human body, characterizes the docu-
mented mechanism by which that nutrient acts to 
maintain such structure or function, or describes 
general well-being from consumption of that nutri-
ent,’’. 
(2) 
SUBSTANTIATION
OF
CLAIM.—Section 
403(r) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 343(r)) is amended— 
(A) by redesignating subparagraph (7) as 
subparagraph (8); and 
(B) by inserting after subparagraph (6) 
the following: 
‘‘(7) If the Secretary requests that a claim under sub-
paragraph (1)(B) for food (other than a dietary supple-
ment) be substantiated, then not later than 90 days after 
the date on which the Secretary makes such request, the 
manufacturer shall provide to the Secretary all docu-
mentation in the manufacturer’s possession relating to the 
claim.’’. 
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(3) 
INCOMPATIBLE
WITH
MAINTAINING 
HEALTHY
DIETARY
PRACTICES.—Section 
403(r)(3)(A)(ii) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(r)(2)(B)) is amended 
by striking ‘‘increases to persons in the general pop-
ulation the risk of a disease or health-related condi-
tion which is diet related’’ and inserting ‘‘may not 
be compatible with maintaining healthy dietary prac-
tices’’. 
(b) NUTRIENT CONTENT CLAIMS.— 
(1) IN
GENERAL.—Section 403(r)(2) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343(r)(2)) is amended by striking clause (B) and in-
serting the following: 
‘‘(B) If a claim described in subparagraph (1)(A) is 
made with respect to a nutrient in a food and the Sec-
retary makes a determination that the food contains a nu-
trient at a level that may not be compatible with maintain-
ing healthy dietary practices, the label or labeling of such 
food shall contain, prominently and in immediate prox-
imity to such claim, a statement which indicates the food 
is high in such nutrient.’’. 
(2) REVISIONS TO REGULATIONS.—In promul-
gating the regulations required by section 18, the 
Secretary of Health and Human Services shall revise 
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section 101.13(h) of title 21, Code of Federal Regu-
lations, by— 
(A) updating the level of sodium requiring 
disclosure to align with the Daily Reference 
Value for sodium established in the final rule 
entitled ‘‘Food Labeling: Revision of the Nutri-
tion and Supplement Facts Labels’’ published 
by the Food and Drug Administration on May 
27, 2016 (81 Fed. Reg. 33741); 
(B) including a level of added sugars re-
quiring disclosure based on the Daily Reference 
Value for added sugars established in the final 
rule described in subparagraph (A); 
(C) eliminating the requirement that meal 
products containing more than 26 grams of fat 
and main dish products containing 19.5 grams 
of fat per labeled serving must disclose that fat 
is present in the food; and 
(D) authorizing the use of express and im-
plied ‘‘low added sugar’’ claims on products 
containing 3 grams of added sugars or less per 
reference amount customarily consumed (or per 
50 grams if the reference amount customarily 
consumed is 30 grams or less or 2 tablespoons 
or less). 
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(c) TRANS FATS.—Section 403(r)(2)(A) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
343(r)(2)(A)) is amended— 
(1) by redesignating subclauses (v) and (vi) as 
subclauses (vi) and (vii), respectively; and 
(2) by inserting after subclause (iv) the fol-
lowing new subclause: 
‘‘(v) may not be made with respect to the level 
of trans fats in the food, except on the Nutrition 
Facts Panel, unless the food contains less than one 
gram of saturated fat per serving or, if the food con-
tains more than one gram of saturated fat per serv-
ing, unless the label or labeling of the food discloses 
the level of saturated fat in the food in immediate 
proximity to such claim and with appropriate promi-
nence which shall be no less than one-half the size 
of the claim with respect to the level of trans fats,’’. 
(d) ADDED SUGARS.—Not more than 2 years after 
the date of enactment of this Act, the Secretary of Health 
and Human Services shall promulgate a final rule revising 
section 101.14 of title 21, Code of Federal Regulations, 
to include a disqualifying nutrient level for added sugars. 
SEC. 4. USE OF SPECIFIC TERMS. 
(a) USE OF THE TERM ‘‘NATURAL’’.— 
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(1) IN GENERAL.—In promulgating the regula-
tions required by section 18, the Secretary of Health 
and Human Services shall include regulations— 
(A) relating to use of the term ‘‘natural’’ 
on the labeling of food (other than a dietary 
supplement); 
(B) specifically addressing the use of such 
term on the principal display panel and the in-
formation panel; and 
(C) requiring that any such use includes a 
prominent disclosure explaining what the term 
‘‘natural’’ does and does not mean in terms of 
ingredients and manufacturing processes. 
(2) DEFINITION.—The regulations promulgated 
pursuant to paragraph (1) shall define the term 
‘‘natural’’— 
(A) to exclude, at a minimum, the use of 
any artificial food or ingredient (including any 
artificial flavor or added color); and 
(B) based on data, including data on con-
sumers’ understanding of the term as used in 
connection with food. 
(3) PROCESS.—In promulgating the regulations 
required by paragraph (1), the Secretary of Health 
and Human Services shall— 
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(A) conduct consumer surveys and studies 
and issue a timely call for relevant public sub-
missions regarding relevant consumer research, 
including with respect to consumer under-
standing of the term ‘‘natural’’ in relation to 
the term ‘‘organic’’; and 
(B) fully consider the results of such sur-
veys and studies, as well as such public submis-
sions. 
(b) USE OF TERM ‘‘HEALTHY’’.— 
(1) ADDED SUGARS AND WHOLE GRAINS.— 
(A) IN
GENERAL.—In promulgating the 
regulations required by section 18, the Sec-
retary of Health and Human Services shall in-
clude regulations to revise the regulations under 
the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) relating to the use of the 
term ‘‘healthy’’ on the labeling of a food (other 
than a dietary supplement) to take into account 
the extent to which such food contains added 
sugars or whole grains. 
(B) REQUIREMENT.—In making the revi-
sions required by subparagraph (A) in the case 
of a food (other than a dietary supplement) 
that contains grains, the Secretary of Health 
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(B) by striking ‘‘allergen labeling require-
ments of this subsection’’ and inserting ‘‘aller-
gen and gluten-containing grain labeling re-
quirements of this paragraph’’. 
(b) HAZARD
ANALYSIS
AND
PREVENTIVE
CON-
TROLS.—Section 418 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 350g) is amended— 
(1) in subsection (b)(1)(A), by inserting ‘‘glu-
ten-containing grains,’’ after ‘‘allergens,’’; and 
(2) in subsection (o)(3)(D), by inserting ‘‘and 
gluten-containing grain’’ after ‘‘allergen,’’. 
(c) INSPECTIONS RELATING TO FOOD ALLERGENS.— 
Section 205 of the Food Allergen Labeling and Consumer 
Protection Act of 2004 (21 U.S.C. 374a) is amended by 
inserting ‘‘and gluten-containing grains,’’ after ‘‘aller-
gens’’ each place it appears. 
SEC. 10. SUBMISSION AND AVAILABILITY OF FOOD LABEL 
INFORMATION. 
The Federal Food, Drug, and Cosmetic Act is amend-
ed by inserting after section 403C of such Act (21 U.S.C. 
343–3) the following: 
‘‘SEC. 403D. SUBMISSION AND AVAILABILITY OF FOOD 
LABEL INFORMATION. 
‘‘(a) SUBMISSIONS.— 
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‘‘(1) REQUIREMENT.—The Secretary shall re-
quire the manufacturer or importer of any food that 
is introduced or delivered for introduction into inter-
state commerce in package form to submit to the 
Secretary all information to be included in the label 
of the food, including— 
‘‘(A) the nutrition facts panel; 
‘‘(B) the ingredients list; 
‘‘(C) an image of the principal display 
panel; 
‘‘(D) major allergens and gluten-containing 
grains; 
‘‘(E) claims under section 403(r)(1)(A) 
(commonly known as ‘nutrient-content claims’); 
‘‘(F) claims under section 403(r)(1)(B) 
(commonly known as ‘health-related claims’); 
and 
‘‘(G) other relevant information required 
by law to be published in the labeling of the 
food. 
‘‘(2) UPDATES.—The Secretary shall require 
the manufacturer or importer of food to update or 
supplement the information submitted under para-
graph (1) with respect to the food in order to keep 
the information up-to-date and complete. 
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