I 
116TH CONGRESS 
2D SESSION 
H. R. 6044 
To amend the Fair Packaging and Labeling Act to require that Federal 
and State mandated information declarations and labeling requirements 
applicable to the chemical composition of, and radiation emitted by, 
consumer products meet minimum scientific standards to deliver accurate 
and clear information, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2020 
Mr. KINZINGER (for himself and Mr. SCHRADER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Fair Packaging and Labeling Act to require 
that Federal and State mandated information declara-
tions and labeling requirements applicable to the chem-
ical composition of, and radiation emitted by, consumer 
products meet minimum scientific standards to deliver 
accurate and clear information, 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. 
This Act may be cited as the ‘‘Accurate Labels Act’’. 
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SEC. 2. STANDARD FOR PRODUCT LABELING INFORMATION 
REGARDING CHEMICAL COMPOSITION AND 
RADIATION. 
(a) IN GENERAL.—The Fair Packaging and Labeling 
Act (15 U.S.C. 1451 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 14. STANDARD FOR PRODUCT LABELING INFORMA-
TION REGARDING CHEMICAL COMPOSITION 
AND RADIATION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BEST
AVAILABLE
SCIENCE.—The term 
‘best available science’ means science— 
‘‘(A) that is conducted in accordance with 
sound and objective scientific practices; 
‘‘(B) the findings and underlying data of 
which are— 
‘‘(i) reliable; and 
‘‘(ii) if available, peer-reviewed; and 
‘‘(C) that uses data that is collected by— 
‘‘(i) an accepted method; or 
‘‘(ii) the best available method if the 
reliability of the method and the nature of 
the decision to which the method applies 
justifies the use of the data. 
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‘‘(2) CONSTITUENT.—The term ‘constituent’ 
means any organic or inorganic chemical substance 
of a particular molecular identity. 
‘‘(3) CONSUMER
PRODUCT.—The term ‘con-
sumer product’ has the meaning given the term in 
section 3(a) of the Consumer Product Safety Act 
(15 U.S.C. 2052(a)). 
‘‘(4) COVERED DECLARATION REQUIREMENT.— 
The term ‘covered declaration requirement’ means a 
legally enforceable requirement that— 
‘‘(A) requires a responsible person to dis-
play or communicate covered information to a 
consumer; and 
‘‘(B) may be provided through— 
‘‘(i) a statement; 
‘‘(ii) a notice; 
‘‘(iii) a caution; 
‘‘(iv) a warning; 
‘‘(v) a symbol; 
‘‘(vi) a pictogram; 
‘‘(vii) a vignette; 
‘‘(viii) packaging information; 
‘‘(ix) an insert; 
‘‘(x) a sign; 
‘‘(xi) a pamphlet; 
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‘‘(xii) an instruction; 
‘‘(xiii) a list of ingredients; 
‘‘(xiv) ingredient declaration informa-
tion; 
‘‘(xv) a database; 
‘‘(xvi) an internet website; or 
‘‘(xvii) other media, including social 
media. 
‘‘(5) COVERED INFORMATION.— 
‘‘(A) IN GENERAL.—The term ‘covered in-
formation’ means information that— 
‘‘(i) relates to— 
‘‘(I) a product constituent; or 
‘‘(II) radiation emitted by a cov-
ered product; and 
‘‘(ii) expressly or by implication con-
veys a claim regarding or characterizing 
the relationship between any constituent or 
radiation and— 
‘‘(I) a disease; 
‘‘(II) a toxicological endpoint; or 
‘‘(III) a health-related condition. 
‘‘(B) IMPLIED CLAIMS.—For the purposes 
of subparagraph (A)(ii), an implied claim in-
cludes a situation in which an item described in 
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clause (i), (v), (vi), (vii), or (xvii) of paragraph 
(4)(B) suggests, within the context in which the 
item is presented, that a relationship exists be-
tween the presence or level of a constituent in 
a covered product, or the level of exposure to a 
constituent, and— 
‘‘(i) a disease; 
‘‘(ii) a health-related condition; or 
‘‘(iii) the likelihood of a health-related 
condition. 
‘‘(6) COVERED PRODUCT.—The term ‘covered 
product’— 
‘‘(A) means— 
‘‘(i) a consumer product; or 
‘‘(ii) a consumer commodity; and 
‘‘(B) includes any packaging with respect 
to a consumer product or consumer commodity 
described in clause (i) and (ii) of subparagraph 
(A), respectively. 
‘‘(7) DE MINIMIS RISK LEVEL.—The term ‘de 
minimis risk level’ means— 
‘‘(A) a level of risk that is based on the 
best available science and the weight of the evi-
dence; 
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‘‘(B) with respect to a constituent or radi-
ation that is a carcinogen, that the level of risk 
described in subparagraph (A)— 
‘‘(i) is determined based on a safety 
evaluation that includes non-linear mod-
eling approaches that are consistent with 
available data and scientific understanding 
of endogenous exposures and a mode of ac-
tion in lieu of, or, at a minimum, in addi-
tion to, a linear default method; 
‘‘(ii) takes into consideration factors 
that include the weight of the evidence, 
data quality and study reliability, the na-
ture and severity of any health effects in-
volved, the size of any sensitive population 
that is at risk with respect to the con-
stituent or radiation, as applicable, and the 
kind and degree of any relevant scientific 
uncertainties; and 
‘‘(iii) after applying the principles de-
scribed in clauses (i) and (ii)— 
‘‘(I) if the likely operative cancer 
mode of action with respect to the 
constituent or radiation supports use 
of a linear default model, is the level 
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of exposure to the constituent or radi-
ation every day for 70 years that 
would result in a not greater than 1 
in 100,000 chance of developing can-
cer for an individual who is exposed to 
the constituent or radiation; and 
‘‘(II) if the likely operative can-
cer mode of action with respect to the 
constituent or radiation is non-linear, 
is the level of exposure to the con-
stituent or radiation every day for 70 
years that would result in a not great-
er than 1 in 1,000 chance of devel-
oping cancer for an individual who is 
exposed to the constituent or radi-
ation; and 
‘‘(C) with respect to a constituent or radi-
ation that is a systemic toxicant, including a re-
productive or developmental toxicant, the level 
of exposure to the constituent or radiation, as 
applicable, that would result in a not greater 
than 1 in 1,000 chance of a significant adverse 
health impact. 
‘‘(8) NATURALLY OCCURRING.—The term ‘nat-
urally occurring’ means, with respect to a con-
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stituent and a covered product, that the constituent 
occurs in— 
‘‘(A) any plant, animal, or microorganism, 
or any raw material or a constituent derived 
from a plant, animal, or microorganism, that 
composes or is a part of the covered product; 
and 
‘‘(B) the covered product because of— 
‘‘(i)(I) activity that is authorized pur-
suant to regulation or permitting; or 
‘‘(II) human activity; and 
‘‘(ii) any physical processing, prepara-
tion, or packaging of— 
‘‘(I) a plant, animal, or micro-
organism; or 
‘‘(II) any raw material or con-
stituent derived from an entity de-
scribed in subclause (I). 
‘‘(9) NON-FUNCTIONAL
CONSTITUENT.—The 
term ‘non-functional constituent’ means, with re-
spect to a covered product, any constituent— 
‘‘(A) that— 
‘‘(i) is an incidental component, at in-
significant levels, of an ingredient of the 
covered product; 
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‘‘(ii) is, at insignificant levels, a 
breakdown product of an ingredient of the 
covered product; 
‘‘(iii) is a byproduct of the manufac-
turing process with respect to the covered 
product; 
‘‘(iv) has not been intentionally added 
as a separate substance during the manu-
facturing process with respect to the cov-
ered product; and 
‘‘(v) serves no technical or functional 
effect with respect to the covered product; 
and 
‘‘(B) the presence of which does not en-
danger public health. 
‘‘(10) 
PRODUCT
CONSTITUENT.—The 
term 
‘product constituent’ means a chemical or chemical 
substance that— 
‘‘(A) comprises a covered product (or a 
component of, or material with respect to, a 
covered product) in whole or part; and 
‘‘(B) is present in a covered product as— 
‘‘(i) part of a specified set of ingredi-
ents; or 
‘‘(ii) a non-functional constituent. 
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‘‘(11) RADIATION.— 
‘‘(A) IN GENERAL.—The term ‘radiation’ 
means— 
‘‘(i) electromagnetic radiation, includ-
ing the entire electromagnetic spectrum of 
radiation of any wavelength; and 
‘‘(ii) radiation from naturally occur-
ring radioactive elements, including— 
‘‘(I) uranium, thorium, and po-
tassium; 
‘‘(II) any radioactive decay prod-
ucts of an element described in sub-
clause (I), trace concentrations of 
which may occur in materials such as 
stone or granite; and 
‘‘(III) any other naturally occur-
ring radioactive material. 
‘‘(B) ELECTROMAGNETIC SPECTRUM.—For 
the purposes of subparagraph (A), the electro-
magnetic spectrum of radiation includes gamma 
rays, x-rays, ultraviolet rays, visible rays, infra-
red rays, microwaves, radiowaves, and low fre-
quency radiation. 
‘‘(12) RESPONSIBLE
PERSON.—The term ‘re-
sponsible person’ means— 
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‘‘(A) the manufacturer, distributor, re-
tailer, or packager of a covered product that is 
subject to a covered declaration requirement; 
and 
‘‘(B) the supplier of any constituent, com-
ponent, material, chemical or chemical sub-
stance, food, or packaging to an entity de-
scribed in subparagraph (A). 
‘‘(13) 
RISK-BASED.—The 
term 
‘risk-based’ 
means, with respect to a covered declaration require-
ment or a de minimis risk level, that the require-
ment or risk level, as applicable, is based on— 
‘‘(A) the likelihood and degree of injury; 
‘‘(B) the integration and assessment of in-
formation, including data, regarding hazards re-
sulting from specific exposures of 1 or more 
constituents in, or radiation in or emitted from, 
a covered product; and 
‘‘(C) the recognition of a mode of action 
within a systematic compilation of scientific 
data that, within a structured framework, sup-
ports a hypothesized, biologically plausible path-
way. 
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‘‘(14) TRADE SECRET.—The term ‘trade secret’ 
has the meaning given the term in section 1839 of 
title 18, United States Code. 
‘‘(15) WEIGHT OF THE EVIDENCE.—The term 
‘weight of the evidence’ means a systematic review 
method, applied in a manner that is suited to the 
nature of evidential information or the decision to 
which the method applies, that uses a pre-estab-
lished protocol to— 
‘‘(A) comprehensively, objectively, trans-
parently, and consistently identify and evaluate 
each stream of evidential information, including 
the strengths, limitations, and relevance of any 
study that is the basis for that evidential infor-
mation; and 
‘‘(B) integrate evidence as necessary and 
appropriate based on the strengths, limitations, 
and relevance described in subparagraph (A). 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—Unless specifically author-
ized by a Federal statute, no department or agency 
of the Federal Government, State, political subdivi-
sion of a State, or territory or possession of the 
United States may establish or maintain a covered 
declaration requirement unless the covered declara-
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tion requirement satisfies the standards under para-
graph (2). 
‘‘(2) STANDARDS FOR COVERED DECLARATION 
REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A covered declaration 
requirement shall satisfy each of the following: 
‘‘(i) The covered information to be 
displayed or communicated— 
‘‘(I) is clear, accurate, and not 
misleading or deceptive to consumers 
with respect to the product to which 
the covered declaration requirement 
applies; and 
‘‘(II) is consistent with the re-
quirements under section 5 of the 
Federal Trade Commission Act (15 
U.S.C. 45). 
‘‘(ii) The covered information to be 
displayed or communicated is— 
‘‘(I) risk-based; and 
‘‘(II) based on— 
‘‘(aa) 
the 
best 
available 
science; and 
‘‘(bb) appropriate weight of 
the evidence review. 
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‘‘(iii) The covered declaration require-
ment exempts non-functional constituents. 
‘‘(iv) The covered declaration require-
ment exempts naturally occurring constitu-
ents. 
‘‘(v) The covered declaration require-
ment— 
‘‘(I) exempts the inclusion of 
trade secrets; and 
‘‘(II) does not otherwise require 
the disclosure of information described 
in section 552(b)(4) of title 5, United 
States Code. 
‘‘(vi) The covered declaration require-
ment does not preclude the inclusion or de-
livery of supplemental or clarifying infor-
mation in the covered declaration require-
ment with respect to a covered product by 
a responsible person, if that information 
is— 
‘‘(I) clear and accurate; and 
‘‘(II) otherwise consistent with 
the requirements under section 5 of 
the Federal Trade Commission Act 
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(15 U.S.C. 45), as in effect on the 
date of enactment of this section. 
‘‘(vii) Any requirement with respect to 
a product constituent or the composition of 
a product allows a responsible person to— 
‘‘(I) subject to clause (v), list in-
gredients in descending order of pre-
dominance; 
‘‘(II) subject to clause (v) and 
subparagraph (C), list, in any order, 
any ingredients that are present in 
low concentrations; and 
‘‘(III) name constituents using 
any internationally recognized nomen-
clature system. 
‘‘(B) BURDEN OF DEMONSTRATING COM-
PLIANCE WITH FEDERAL STANDARD.— 
‘‘(i) IN
GENERAL.—Any entity de-
scribed in paragraph (1) that brings an ac-
tion to enforce a covered disclosure re-
quirement enacted by the entity, or that is 
a party to a civil action brought under sub-
section (d) with respect to a covered disclo-
sure requirement enacted by the entity, 
shall have the burden of establishing by a 
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preponderance of the evidence in the action 
that the covered disclosure requirement en-
acted by the entity satisfies subparagraphs 
(A) and (C). 
‘‘(ii) PREEMPTION IN THE EVENT OF 
FAILURE TO MEET BURDEN.—If, in an ac-
tion described in clause (i), an entity de-
scribed in that clause fails to meet the bur-
den of the entity required under that 
clause, the responsible person against 
which the entity sought to enforce a cov-
ered disclosure requirement enacted by the 
entity, or that brought the civil action with 
respect to a covered disclosure requirement 
enacted by the entity, shall not be subject 
to the covered disclosure requirement en-
acted by the entity. 
‘‘(C) NO
COVERED
DECLARATION
RE-
QUIRED.—A covered declaration requirement is 
not required with respect to a covered product 
if— 
‘‘(i) with respect to a constituent, the 
concentration of the constituent in the cov-
ered product is below 0.1 percent; and 
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‘‘(ii) with respect to the emission of 
radiation, the level of emission by the cov-
ered product is below the risk-based de 
minimis risk level established by the Com-
mission. 
‘‘(c) ADDITIONAL DECLARATION OPTIONS.—If a de-
partment or agency of the Federal Government, a State 
government, a political subdivision of a State, or a terri-
tory or possession of the United States requires a respon-
sible person to display or communicate covered informa-
tion to a consumer regarding a covered product, that gov-
ernmental entity shall authorize the responsible person 
with respect to a covered product to meet the requirements 
under subsection (b)(2), including by allowing for the 
omission of information under subsection (b)(2)(C), by 
communicating the covered information to the consumer 
through an electronic or digital declaration method that 
ensures that— 
‘‘(1) information is provided on the accom-
panying package of the covered product that identi-
fies or otherwise indicates— 
‘‘(A) an electronic or digital link that— 
‘‘(i) shall— 
‘‘(I) provide access to informa-
tion about the composition of the cov-
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ered product through an internet 
website or other landing page; 
‘‘(II) be accompanied by— 
‘‘(aa) the statement ‘Scan 
here for more’; or 
‘‘(bb) equivalent language 
that 
reflects 
technological 
changes; 
‘‘(III) provide access to the cov-
ered information by means of a mobile 
device, internet website, or other land-
ing page; 
‘‘(IV) include the telephone num-
ber described in subparagraph (B); 
and 
‘‘(V) be of a sufficient size to be 
easily and effectively scanned or read 
by a digital device; and 
‘‘(ii) subject to paragraph (2), may 
not collect, analyze, or sell any personally 
identifiable information about— 
‘‘(I) individuals who access— 
‘‘(aa) the electronic or dig-
ital link; or 
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‘‘(bb) the telephone number 
described in subparagraph (B); 
or 
‘‘(II) the devices of individuals 
who access the electronic or digital 
link; and 
‘‘(B) a telephone number that shall— 
‘‘(i) provide access to additional infor-
mation about the composition of the prod-
uct; and 
‘‘(ii) be accompanied with the state-
ment ‘Call for more information about the 
composition of this product’; and 
‘‘(2) if, under other provisions of this Act, in-
formation described in paragraph (1)(A)(ii) is re-
quired to be collected under paragraph (1), that in-
formation— 
‘‘(A) shall be deleted by the responsible 
person as soon as practicable after fulfilling the 
required purpose under this Act with respect to 
the information; and 
‘‘(B) may not be used for any other pur-
pose by the responsible person. 
‘‘(d) PRIVATE CIVIL ACTIONS.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) AUTHORITY TO BRING SUIT.—Any re-
sponsible person that is subject to a covered 
declaration requirement, is otherwise required 
to display or communicate to a consumer cov-
ered information about a covered product, or is, 
or may be, subject to an enforcement action 
with respect to that requirement by a State or 
a political subdivision of a State, may bring a 
civil action in an appropriate district court of 
the United States against that State (or any 
private entity that is authorized to bring an en-
forcement action on behalf of that State) or 
that political subdivision, as applicable, if the 
requirement of the State or political subdivision 
does not comply with the requirements under 
subsections (b) and (c). 
‘‘(B) TIMING.—For the purposes of sub-
paragraph (A), a responsible person shall be 
considered to be subject to an enforcement ac-
tion beginning on the date on which a State, or 
a political subdivision of a State, as applicable, 
enacts a law or promulgates a regulation that 
maintains or imposes a covered declaration re-
quirement, without regard to— 
‘‘(i) the date on which— 
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‘‘(I) 
compliance 
is 
mandated 
under the law or regulation, as appli-
cable; or 
‘‘(II) enforcement of the law or 
regulation, as applicable, begins; or 
‘‘(ii) any exemption or exclusion that 
the responsible person may invoke with re-
spect to compliance with the law or regula-
tion, as applicable. 
‘‘(2) REMEDIES.—In a civil action brought 
under paragraph (1), a court may grant an injunc-
tion to prevent any actual or threatened harm to a 
responsible person or interstate commerce.’’. 
(b) APPLICABILITY TO OTHER LAWS.— 
(1) EFFECT ON STATE LAWS GENERALLY.—No 
State, or any political subdivision of a State, may 
impose a requirement or prohibition with respect to 
information, warning, and labeling requirements ap-
plicable to consumer commodities or consumer prod-
ucts that is in addition to, or different than, the re-
quirements under section 14 of the Fair Packaging 
and Labeling Act, as added by subsection (a). 
(2) FURTHER REQUIREMENTS.— 
(A) DEFINITION.—In this paragraph, the 
term ‘‘responsible person’’ has the meaning 
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given the term in section 14(a) of the Fair 
Packaging and Labeling Act, as added by sub-
section (a). 
(B) CONDITION.—A fee, fine, penalty, at-
torney’s fee, or other cost may only be assessed 
against a responsible person by a State, or a 
private entity that is authorized to bring an en-
forcement action on behalf of a State, if the 
State or the private entity, as applicable, has 
satisfied 
the 
requirements 
under 
section 
14(b)(2)(B) of the Fair Packaging and Label-
ing Act, as added by subsection (a). 
(3) RULE OF CONSTRUCTION REGARDING AL-
LERGEN DECLARATIONS.—Nothing in this Act, or in 
the amendments made by this Act, may be construed 
as amending, altering, or otherwise affecting the re-
quirements under the Food Allergen Labeling and 
Consumer Protection Act of 2004 (Public Law 108– 
282; 118 Stat. 905). 
(c) SAVINGS.— 
(1) CLARIFICATION OF NO PREEMPTION.—Not-
withstanding any other provision of this Act, nothing 
in this Act or section 14 of the Fair Packaging and 
Labeling Act, as added by subsection (a), shall pre-
empt or preclude any cause of action arising from 
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exposure to a chemical substance or mixture for per-
sonal injury, wrongful death, property damage, or 
other injury based on negligence, strict liability, or 
products liability under any State law, maritime law, 
or Federal common law or statutory theory. 
(2) NO
EFFECT
ON
CERTAIN
PRIVATE
REM-
EDIES.— 
(A) IN GENERAL.—In any action described 
in paragraph (1), any demonstration of satis-
fying, or not satisfying, the standards set out in 
this Act or section 14 of the Fair Packaging 
and Labeling Act, as added by subsection (a), 
shall not be interpreted, in either the plaintiff’s 
or defendant’s favor, as dispositive in that ac-
tion. 
(B) AUTHORITY OF COURTS.—This Act or 
section 14 of the Fair Packaging and Labeling 
Act, as added by subsection (a), does not affect 
the authority of any court to make a determina-
tion in an adjudicatory proceeding under appli-
cable State or Federal law with respect to the 
admission into evidence or any other use of this 
Act or section 14 of the Fair Packaging and 
Labeling Act, as added by subsection (a). 
Æ 
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