Although OEHHA would be responsible for more specifically defining UPFs, the bill generalizes UPFs as foods that contain one or more of certain functional ingredients, such as colorants, flavorings, sweeteners, emulsifiers, and thickening agents. After defining UPFs, OEHHA would be charged with identifying which UPFs are most harmful to health based on:

• Whether peer-reviewed evidence has linked any substances in the food to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, or Type 2 diabetes
• Whether the substance is hyper-palatable or may contribute to food addiction
• Whether the food has been modified to be high in fat, sugar, and salt.

Should the bill be enacted, state public schools would begin phasing out foods determined to be ultra-processed in 2028, and completely phase them out by 2032.  

AB 1264 is bipartisan legislation and is supported by Consumer Reports and the Environmental Working Group.

UPFs have become increasingly scrutinized due to concerns about their negative impacts on health. According to Consumer Reports, “research has linked diets that include a lot of UPFs—such as soft drinks, instant soups, and packaged snacks—to an increased risk of obesity, high blood pressure, irritable bowel syndrome, heart disease, and even cancer, and “an estimated 67 percent of the calories eaten by children [are from UPFs].”

Assemblymember Gabriel is known for driving first-of-its kind legislation targeting chemical additives and synthetic dyes in foods, such as the California Food Safety Act and California School Food Safety Act, passed in October 2023 and August 2024, respectively.

Additionally, in January 2025, California Governor Gavin Newsom issued an executive order mandating state agencies to explore the safety of UPFs, defined as “industrial formulations of chemically modified substances extracted from foods, along with additives to enhance taste, texture, appearance, and durability, with minimal to no inclusion of whole foods.” Common examples of UPFs given in the executive order include packaged snacks, chips, crackers, cookies, candy, sugary beverages, and highly processed meats like hot dogs and lunch meats.

Update, July 3, 2025: After passing the California Assembly and moving to Senate, AB 1264 has been approved unanimously by the California Senate Education Committee.