; and (B) in subparagraph (3)(A)— (i) in subclause (i), by striking , and and inserting a semicolon; (ii) in subclause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) if the food is not required to include a nutrition warning label under subparagraph (1), (2), (3), or (4) of paragraph (z). . (b) Advertising Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (jjj) (1) Marketing or advertising a food for which labeling is required under section 403(z), in a manner that reasonably appears to be directed at children. (2) In determining whether any marketing or advertising reasonably appears to be directed to children for purposes of subparagraph (1), the Secretary shall consider the totality of the circumstances, including whether such marketing or advertising uses themes or promotional strategies for food described in section 403(z) that appeal to children, such as the use of fun or fantasy themes, athletes and celebrities, cross-promotions using fictional characters, cartoon characters, social media influencers, animation, children’s music, actors, or situations representing children’s daily life, or free gifts or toys, contests, interactive games, or mobile or computer applications. . (c) NASEM review The Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall seek to enter into a contract with the National Academies of Science, Engineering, and Medicine (referred to in this subsection as the National Academies ) under which the National Academies— (1) convenes a committee of experts in the field of nutrition science to review the science of ultra-processed food (as defined in paragraph (z)(6)(C) of section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 )), as added by subsection (a)