Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2468 Compare Versions

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2	2	HOUSE DOCKET, NO. 3609 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2468
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Meghan K. Kilcoyne
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act for healthy kids, healthy futures.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan K. Kilcoyne12th Worcester1/17/2025James C. Arena-DeRosa8th Middlesex2/13/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3609 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2468
18	18	By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 2468) of
19	19	Meghan K. Kilcoyne and James C. Arena-DeRosa for legislation to promote the health of
20	20	children by regulating sugary drinks in schools, nutritional information at certain restaurants and
21	21	media literacy in schools. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act for healthy kids, healthy futures.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 20220 Official Edition,
31	31	2is hereby amended by inserting after section 98 the following section:-Section 99.
32	32	3 (a) For the purposes of this section, the following words shall have the following
33	33	4meanings:
34	34	5 (1) “Advertising”, an oral, written or graphic statement or representation, including a
35	35	6company logo or trademark, made for the purpose of promoting the use or sale of a product by
36	36	7the producer, manufacturer, distributor, seller or any other entity with a commercial interest in
37	37	8the product.
38	38	9 (2) “Brand”, a corporate or product name, a business image or a mark, regardless of
39	39	10whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods
40	40	11or services and to distinguish them from competitors’ goods. 2 of 10
41	41	12 (3) “Non-compliant beverage”, a beverage that does not meet the minimum nutrition
42	42	13standards for foods sold or served under school meal programs as set forth by the United States
43	43	14Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010 and federal
44	44	15regulations implementing the Act [42 U.S.C. section 1779(b)].
45	45	16 (4) “Non-compliant beverage brand”, a beverage brand that manufactures, sell or
46	46	17distributes a non-compliant beverage under its the corporate brand name, or by any of its the
47	47	18corporate brand’s subsidiaries or and affiliated corporations,
48	48	19 (b) Except as provided in subsection (c), the department of education shall prohibit at any
49	49	20school within the commonwealth:
50	50	21 (1) Advertising of any non-compliant beverage or of any non-compliant beverage brand.
51	51	22Advertising of a non-compliant beverage or non-compliant beverage brand shall be prohibited on
52	52	23any property or facility owned or leased by the school district or school and used at any time for
53	53	24school-related activities, including, but not limited to, school buildings, athletic fields, facilities,
54	54	25signs, scoreboards, or parking lots, or any school buses or other vehicles, equipment, vending
55	55	26machines, uniforms, educational material or supplies.
56	56	27 (2) Participation in an incentive program that rewards children with free or discounted
57	57	28non-compliant beverages when they reach certain academic goals.
58	58	29 (3) Participation in an incentive program that provides funds to schools in exchange for
59	59	30consumer purchases of non-compliant beverages.
60	60	31 (c) The restrictions on advertising in subsection (b) shall not apply to: 3 of 10
61	61	32 (1) Advertising on broadcast, digital, or print media, unless the media are produced or
62	62	33controlled by the local education agency, school, faculty, or its students;
63	63	34 (2) Advertising on clothing with brand images worn on school grounds;
64	64	35 (3) Advertising contained on product packaging,
65	65	36 (4) Advertising at infrequent events held outside of normal school hours for primary
66	66	37purpose of fundraising.
67	67	38 SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after
68	68	39section 329 the following section:- Section 330.
69	69	40 (a) For the purposes of this section, the following words shall have the following
70	70	41meanings:
71	71	42 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
72	72	43chain with 20 or more locations doing business under the same name and offering for sale
73	73	44substantially the same menu items.
74	74	45 (2) “Chain menu developer”, the person that owns and licenses the brand name under
75	75	46which the covered establishment does business, or any other person responsible for determining
76	76	47the formula or recipe for items displayed on the menu of a covered establishment.
77	77	48 (3) “Daily Value”, the daily reference value established by the U.S. Food and Drug
78	78	49Administration based on the reference caloric intake of 2,000 calories per day.
79	79	50 (4) “Food Tag”, a written or printed description of food or beverages. 4 of 10
80	80	51 (5) "Menu or menu board", the primary writing of a chain restaurant from which a
81	81	52customer makes an order selection, including, but not limited to, breakfast, lunch, and dinner
82	82	53menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic
83	83	54menus; and menus on the internet. Menus on the internet include, but are not limited to, menus
84	84	55on chain restaurant websites and on third-party platforms when chain restaurants post and control
85	85	56their own menus.
86	86	57 (6) “Self-serve dispensing point”, the location at which a customer may access food or
87	87	58beverages without the assistance of a staff member, including self-serve fountain beverage
88	88	59machines.
89	89	60 (7) "Standard menu item", a food or beverage item, including multiple items priced
90	90	61together, that is listed on a menu or menu board. It shall not include temporary menu items
91	91	62appearing on the menu for less than 60 days per calendar year.
92	92	63 (8) “Third-party platform”, a website, web application, or other web-based platform from
93	93	64which consumers can access a chain restaurant’s menu.
94	94	65 (b) The department of public health shall promulgate regulations designating an icon with
95	95	66accompanying text that shall be displayed adjacent to the name of any standard menu item that
96	96	67may exceed the daily value for added sugars.:
97	97	68 (1) The added sugars warning icon and accompanying text identified under subsection
98	98	69(b), which shall appear:
99	99	70 (i) Next to or directly under each standard menu item that exceeds the daily value for
100	100	71added sugars and at a height no smaller than the largest letter in the name of the item.; and 5 of 10
101	101	72 (ii). Prominently and conspicuously immediately adjacent to each self-serve
102	102	73dispensing point.
103	103	74 (2) The following factual statement explaining the warning: "[insert icon and
104	104	75accompanying text]: this item may exceed the total daily recommended limit for added sugars
105	105	76based on a 2,000 calorie diet."
106	106	77 (c) For menus allowing customization through interactivity, including interactive
107	107	78electronic menus, chain restaurants may instead of displaying a static added sugars warning icon
108	108	79and factual statement, display such icon and statement dynamically, so long as each appears
109	109	80prominently and conspicuously when a consumer makes a choice that would cause the added
110	110	81sugars content of a standard menu item to exceed the daily value, and disappears when a
111	111	82consumer makes a choice that would cause the added sugars content of a standard menu item to
112	112	83be below the daily value.
113	113	84 (d) Any chain restaurant that violates the provisions of this section for every 6 months
114	114	85shall be subject to a civil penalty of not more than $250 per day for each location not in
115	115	86compliance.
116	116	87 (e) The department of public health shall publish a guidance explaining the added sugars
117	117	88warning icon requirement and how to comply., including specific directions for compliance at
118	118	89chain restaurants’ physical locations and for menus on the internet.
119	119	90 (f) Reporting Requirement. Once every 90 days, the chain menu developer shall report to
120	120	91the department the amount of added sugars in each menu item offered for sale in a covered
121	121	92establishment, or that no changes to the menu information have been made since the last report. 6 of 10
122	122	93 SECTION 3. Section 1 of Chapter 71 of the General Laws is hereby amended by adding
123	123	94the following paragraph: - The department of elementary and secondary education shall
124	124	95encourage school districts to implement instruction in media literacy skills from the third grade
125	125	96to the twelfth grade, and in any of the core subjects or other subjects, to equip students with skills
126	126	97for accessing, analyzing, evaluating, and creating all types of media. Instruction shall include,
127	127	98but not be limited to, teaching of skills for analyzing and evaluating advertising content for food,
128	128	99beverages, drugs and alcohol.
129	129	100 SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after
130	130	101section 243 of the following section:- Section 244.
131	131	102 (a) For the purposes of this section, the following words shall have the following
132	132	103meanings:
133	133	104 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
134	134	105chain with 20 or more locations doing business under the same name and offering for sale
135	135	106substantially the same menu items.
136	136	107 (2) “Children’s meal” means a combination of food item or items and a beverage, sold
137	137	108together at a single price, primarily intended for consumption by children.
138	138	109 (b) A chain restaurant may not sell a children’s meal unless the chain restaurant offers at
139	139	110least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
140	140	111whichever is greater, containing no more than:
141	141	112 (1) 550 calories;
142	142	113 (2) 700 milligrams of sodium; 7 of 10
143	143	114 (3) 15 grams of added sugars;
144	144	115 (4) 10 percent of calories from saturated fat; and
145	145	116 (5) 0 grams of trans fat.
146	146	117 (c) A chain restaurant may not sell a children’s meal unless the chain restaurant offers at
147	147	118least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
148	148	119whichever is greater, which include servings in the specified amounts from at least two of the
149	149	120following five food groups. At least one of the two food groups must be a fruit or non-fried
150	150	121vegetable:
151	151	122 (1) 0.5 cup (or equivalent unit of measurement) of fruit;
152	152	123 (2) 0.5 cup (or equivalent unit of measurement) of non-fried vegetable;
153	153	124 (3) A product that provides at least eight grams of whole grains and meets at least one of
154	154	125the following criteria:
155	155	126 (i) Contains at least 50 percent whole grain ingredients; or
156	156	127 (ii) Lists whole grains as the first ingredient.
157	157	128 (4) Meat or meat alternative equaling at least:
158	158	129 (i), One ounce meat, poultry, or seafood;
159	159	130 (ii) One egg;
160	160	131 (iii) One fourth cup pulses (beans, peas, lentils) or soy products;
161	161	132 (iv) Two tablespoons nut butter; or 8 of 10
162	162	133 (v) One ounce nuts and seeds.
163	163	134 (5) 0.5 cup of nonfat or 1 percent milk or low-fat yogurt, or 1 ounce of reduced fat
164	164	135cheese. Plant-based nondairy alternatives are allowed, but they must be calcium and Vitamin D
165	165	136fortified.
166	166	137 For purposes of this subsection, all juices, including 100 percent fruit or vegetable juice,
167	167	138condiments, and spreads shall not be considered fruits or vegetables and shall not be used as a
168	168	139fruit or vegetable substitute.
169	169	140 (d) A chain restaurant may not offer a children’s meal with a beverage, unless that
170	170	141beverage is one of the following:
171	171	142 (1) Water with no added natural or artificial sweeteners;
172	172	143 (2) Unflavored nonfat or low-fat milk with no added natural or artificial sweeteners;
173	173	144 (3) Non-dairy milk alternative that is nutritionally similar to cow’s milk with no added
174	174	145natural or artificial sweeteners; or
175	175	146 (4) 100 percent fruit or vegetable juice, with no added natural or artificial sweeteners, in a
176	176	147serving size of no more than 6 ounces.
177	177	148 (e) Nothing in this section prohibits a chain restaurant from selling, or a customer from
178	178	149purchasing a children’s meal that is not a children’s meal offered pursuant to subsection (c) or a
179	179	150default beverage offered pursuant to subsection (d).
180	180	151 (f) The department of public health and local boards of health acting under the
181	181	152supervision of the department of public health shall implement, administer, and enforce this 9 of 10
182	182	153statue. The department of public health is hereby authorized to issue all rules and regulations
183	183	154consistent with this statue and shall have all necessary powers to carry out the purpose of this
184	184	155statue.
185	185	156 (g) Within 30 days of the effective date of this statue, or any amendments thereto, the
186	186	157department of public health shall send a copy of the statue or any such amendment and the
187	187	158written information resources created in accordance with subsection (g) below to all chain
188	188	159restaurants.
189	189	160 (h) Within 9 months of the effective date of this statute, the department of public health
190	190	161shall develop an annual report form and shall send a copy of such form to all chain restaurants.
191	191	162Within 30 days of any amendment to the annual report form, the department of health shall send
192	192	163a copy of such form to all chain restaurants.
193	193	164 (i) The department of public health shall create a written informational resource in
194	194	165English and Spanish summarizing the requirements of this statue.
195	195	166 (j) All chain restaurants shall report annually to the department of public health whether
196	196	167they offer children’s meals and if so, that they understand their obligations under this section.
197	197	168Such reporting must be done on a form prescribed by the department and must be signed by a
198	198	169responsible agent or officer of the chain restaurant in order to confirm that the information
199	199	170provided on the form is accurate and complete. Failure to comply with this subsection shall
200	200	171constitute a violation of this section.
201	201	172 (k) Restaurant that violates the provisions of this section for every 6 months shall be
202	202	173subject to a civil penalty of not more than $250 per day for each location not in compliance. 10 of 10
203	203	174 SECTION 5. (a) Section 330 of chapter 94 of the General Laws shall take effect 2 years
204	204	175after the enactment of this act.
205	205	176 (b) Pursuant to subsection (b) of Section 2 of this act, the department of public health
206	206	177shall promulgate regulations designating an icon with accompanying text that shall be displayed
207	207	178next to or directly under the name of any standard menu item that exceeds the daily value for
208	208	179added sugars or immediately adjacent to each self-serve dispensing point and shall publish its
209	209	180initial guidance on compliance with the added sugars warning icon requirement of said section
210	210	181330 no later than 1 year after the enactment of this act.
211	211	182 (c) No later than 4 years after the enactment of this act, the department of public health
212	212	183shall issue a report reviewing evidence of the law's impact on menu item reformulation and
213	213	184consumer behavior and recommending additional nutrients that should be considered for menu
214	214	185warning icons. The report shall be provided to the joint committee on public health and shall be
215	215	186posted on the public internet site of the department.
216	216	187 (d) Severability. If any provision of this act, or any application of any provision of this
217	217	188act, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that
218	218	189shall not affect the validity or effectiveness of any other provision of this act, or of any other
219	219	190application of any provision of this act, which can be given effect without that provision or
220	220	191application; and to that end, the provisions and applications of this act are severable.