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HOUSE DOCKET, NO. 3609 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2468
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Meghan K. Kilcoyne
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act for healthy kids, healthy futures.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan K. Kilcoyne12th Worcester1/17/2025James C. Arena-DeRosa8th Middlesex2/13/2025 1 of 10
HOUSE DOCKET, NO. 3609 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2468
By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 2468) of
Meghan K. Kilcoyne and James C. Arena-DeRosa for legislation to promote the health of
children by regulating sugary drinks in schools, nutritional information at certain restaurants and
media literacy in schools. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act for healthy kids, healthy futures.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 20220 Official Edition,
2is hereby amended by inserting after section 98 the following section:-Section 99.
3 (a) For the purposes of this section, the following words shall have the following
4meanings:
5 (1) “Advertising”, an oral, written or graphic statement or representation, including a
6company logo or trademark, made for the purpose of promoting the use or sale of a product by
7the producer, manufacturer, distributor, seller or any other entity with a commercial interest in
8the product.
9 (2) “Brand”, a corporate or product name, a business image or a mark, regardless of
10whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods
11or services and to distinguish them from competitors’ goods. 2 of 10
12 (3) “Non-compliant beverage”, a beverage that does not meet the minimum nutrition
13standards for foods sold or served under school meal programs as set forth by the United States
14Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010 and federal
15regulations implementing the Act [42 U.S.C. section 1779(b)].
16 (4) “Non-compliant beverage brand”, a beverage brand that manufactures, sell or
17distributes a non-compliant beverage under its the corporate brand name, or by any of its the
18corporate brand’s subsidiaries or and affiliated corporations,
19 (b) Except as provided in subsection (c), the department of education shall prohibit at any
20school within the commonwealth:
21 (1) Advertising of any non-compliant beverage or of any non-compliant beverage brand.
22Advertising of a non-compliant beverage or non-compliant beverage brand shall be prohibited on
23any property or facility owned or leased by the school district or school and used at any time for
24school-related activities, including, but not limited to, school buildings, athletic fields, facilities,
25signs, scoreboards, or parking lots, or any school buses or other vehicles, equipment, vending
26machines, uniforms, educational material or supplies.
27 (2) Participation in an incentive program that rewards children with free or discounted
28non-compliant beverages when they reach certain academic goals.
29 (3) Participation in an incentive program that provides funds to schools in exchange for
30consumer purchases of non-compliant beverages.
31 (c) The restrictions on advertising in subsection (b) shall not apply to: 3 of 10
32 (1) Advertising on broadcast, digital, or print media, unless the media are produced or
33controlled by the local education agency, school, faculty, or its students;
34 (2) Advertising on clothing with brand images worn on school grounds;
35 (3) Advertising contained on product packaging,
36 (4) Advertising at infrequent events held outside of normal school hours for primary
37purpose of fundraising.
38 SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after
39section 329 the following section:- Section 330.
40 (a) For the purposes of this section, the following words shall have the following
41meanings:
42 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
43chain with 20 or more locations doing business under the same name and offering for sale
44substantially the same menu items.
45 (2) “Chain menu developer”, the person that owns and licenses the brand name under
46which the covered establishment does business, or any other person responsible for determining
47the formula or recipe for items displayed on the menu of a covered establishment.
48 (3) “Daily Value”, the daily reference value established by the U.S. Food and Drug
49Administration based on the reference caloric intake of 2,000 calories per day.
50 (4) “Food Tag”, a written or printed description of food or beverages. 4 of 10
51 (5) "Menu or menu board", the primary writing of a chain restaurant from which a
52customer makes an order selection, including, but not limited to, breakfast, lunch, and dinner
53menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic
54menus; and menus on the internet. Menus on the internet include, but are not limited to, menus
55on chain restaurant websites and on third-party platforms when chain restaurants post and control
56their own menus.
57 (6) “Self-serve dispensing point”, the location at which a customer may access food or
58beverages without the assistance of a staff member, including self-serve fountain beverage
59machines.
60 (7) "Standard menu item", a food or beverage item, including multiple items priced
61together, that is listed on a menu or menu board. It shall not include temporary menu items
62appearing on the menu for less than 60 days per calendar year.
63 (8) “Third-party platform”, a website, web application, or other web-based platform from
64which consumers can access a chain restaurant’s menu.
65 (b) The department of public health shall promulgate regulations designating an icon with
66accompanying text that shall be displayed adjacent to the name of any standard menu item that
67may exceed the daily value for added sugars.:
68 (1) The added sugars warning icon and accompanying text identified under subsection
69(b), which shall appear:
70 (i) Next to or directly under each standard menu item that exceeds the daily value for
71added sugars and at a height no smaller than the largest letter in the name of the item.; and 5 of 10
72 (ii). Prominently and conspicuously immediately adjacent to each self-serve
73dispensing point.
74 (2) The following factual statement explaining the warning: "[insert icon and
75accompanying text]: this item may exceed the total daily recommended limit for added sugars
76based on a 2,000 calorie diet."
77 (c) For menus allowing customization through interactivity, including interactive
78electronic menus, chain restaurants may instead of displaying a static added sugars warning icon
79and factual statement, display such icon and statement dynamically, so long as each appears
80prominently and conspicuously when a consumer makes a choice that would cause the added
81sugars content of a standard menu item to exceed the daily value, and disappears when a
82consumer makes a choice that would cause the added sugars content of a standard menu item to
83be below the daily value.
84 (d) Any chain restaurant that violates the provisions of this section for every 6 months
85shall be subject to a civil penalty of not more than $250 per day for each location not in
86compliance.
87 (e) The department of public health shall publish a guidance explaining the added sugars
88warning icon requirement and how to comply., including specific directions for compliance at
89chain restaurants’ physical locations and for menus on the internet.
90 (f) Reporting Requirement. Once every 90 days, the chain menu developer shall report to
91the department the amount of added sugars in each menu item offered for sale in a covered
92establishment, or that no changes to the menu information have been made since the last report. 6 of 10
93 SECTION 3. Section 1 of Chapter 71 of the General Laws is hereby amended by adding
94the following paragraph: - The department of elementary and secondary education shall
95encourage school districts to implement instruction in media literacy skills from the third grade
96to the twelfth grade, and in any of the core subjects or other subjects, to equip students with skills
97for accessing, analyzing, evaluating, and creating all types of media. Instruction shall include,
98but not be limited to, teaching of skills for analyzing and evaluating advertising content for food,
99beverages, drugs and alcohol.
100 SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after
101section 243 of the following section:- Section 244.
102 (a) For the purposes of this section, the following words shall have the following
103meanings:
104 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
105chain with 20 or more locations doing business under the same name and offering for sale
106substantially the same menu items.
107 (2) “Children’s meal” means a combination of food item or items and a beverage, sold
108together at a single price, primarily intended for consumption by children.
109 (b) A chain restaurant may not sell a children’s meal unless the chain restaurant offers at
110least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
111whichever is greater, containing no more than:
112 (1) 550 calories;
113 (2) 700 milligrams of sodium; 7 of 10
114 (3) 15 grams of added sugars;
115 (4) 10 percent of calories from saturated fat; and
116 (5) 0 grams of trans fat.
117 (c) A chain restaurant may not sell a children’s meal unless the chain restaurant offers at
118least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
119whichever is greater, which include servings in the specified amounts from at least two of the
120following five food groups. At least one of the two food groups must be a fruit or non-fried
121vegetable:
122 (1) 0.5 cup (or equivalent unit of measurement) of fruit;
123 (2) 0.5 cup (or equivalent unit of measurement) of non-fried vegetable;
124 (3) A product that provides at least eight grams of whole grains and meets at least one of
125the following criteria:
126 (i) Contains at least 50 percent whole grain ingredients; or
127 (ii) Lists whole grains as the first ingredient.
128 (4) Meat or meat alternative equaling at least:
129 (i), One ounce meat, poultry, or seafood;
130 (ii) One egg;
131 (iii) One fourth cup pulses (beans, peas, lentils) or soy products;
132 (iv) Two tablespoons nut butter; or 8 of 10
133 (v) One ounce nuts and seeds.
134 (5) 0.5 cup of nonfat or 1 percent milk or low-fat yogurt, or 1 ounce of reduced fat
135cheese. Plant-based nondairy alternatives are allowed, but they must be calcium and Vitamin D
136fortified.
137 For purposes of this subsection, all juices, including 100 percent fruit or vegetable juice,
138condiments, and spreads shall not be considered fruits or vegetables and shall not be used as a
139fruit or vegetable substitute.
140 (d) A chain restaurant may not offer a children’s meal with a beverage, unless that
141beverage is one of the following:
142 (1) Water with no added natural or artificial sweeteners;
143 (2) Unflavored nonfat or low-fat milk with no added natural or artificial sweeteners;
144 (3) Non-dairy milk alternative that is nutritionally similar to cow’s milk with no added
145natural or artificial sweeteners; or
146 (4) 100 percent fruit or vegetable juice, with no added natural or artificial sweeteners, in a
147serving size of no more than 6 ounces.
148 (e) Nothing in this section prohibits a chain restaurant from selling, or a customer from
149purchasing a children’s meal that is not a children’s meal offered pursuant to subsection (c) or a
150default beverage offered pursuant to subsection (d).
151 (f) The department of public health and local boards of health acting under the
152supervision of the department of public health shall implement, administer, and enforce this 9 of 10
153statue. The department of public health is hereby authorized to issue all rules and regulations
154consistent with this statue and shall have all necessary powers to carry out the purpose of this
155statue.
156 (g) Within 30 days of the effective date of this statue, or any amendments thereto, the
157department of public health shall send a copy of the statue or any such amendment and the
158written information resources created in accordance with subsection (g) below to all chain
159restaurants.
160 (h) Within 9 months of the effective date of this statute, the department of public health
161shall develop an annual report form and shall send a copy of such form to all chain restaurants.
162Within 30 days of any amendment to the annual report form, the department of health shall send
163a copy of such form to all chain restaurants.
164 (i) The department of public health shall create a written informational resource in
165English and Spanish summarizing the requirements of this statue.
166 (j) All chain restaurants shall report annually to the department of public health whether
167they offer children’s meals and if so, that they understand their obligations under this section.
168Such reporting must be done on a form prescribed by the department and must be signed by a
169responsible agent or officer of the chain restaurant in order to confirm that the information
170provided on the form is accurate and complete. Failure to comply with this subsection shall
171constitute a violation of this section.
172 (k) Restaurant that violates the provisions of this section for every 6 months shall be
173subject to a civil penalty of not more than $250 per day for each location not in compliance. 10 of 10
174 SECTION 5. (a) Section 330 of chapter 94 of the General Laws shall take effect 2 years
175after the enactment of this act.
176 (b) Pursuant to subsection (b) of Section 2 of this act, the department of public health
177shall promulgate regulations designating an icon with accompanying text that shall be displayed
178next to or directly under the name of any standard menu item that exceeds the daily value for
179added sugars or immediately adjacent to each self-serve dispensing point and shall publish its
180initial guidance on compliance with the added sugars warning icon requirement of said section
181330 no later than 1 year after the enactment of this act.
182 (c) No later than 4 years after the enactment of this act, the department of public health
183shall issue a report reviewing evidence of the law's impact on menu item reformulation and
184consumer behavior and recommending additional nutrients that should be considered for menu
185warning icons. The report shall be provided to the joint committee on public health and shall be
186posted on the public internet site of the department.
187 (d) Severability. If any provision of this act, or any application of any provision of this
188act, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that
189shall not affect the validity or effectiveness of any other provision of this act, or of any other
190application of any provision of this act, which can be given effect without that provision or
191application; and to that end, the provisions and applications of this act are severable.