California Poised to Ban Ultra-Processed Foods of Concern in Schools as AB 1264 Advances
The California Senate has approved Assembly Bill (AB) 1264, which aims to define ultra-processed foods (UPFs) and ban UPFs of concern from being offered in schools. The revised bill has been returned to the California Assembly for approval, which passed the original version with strong bipartisan support in June. AB 1264 would then go to Governor Gavin Newsom’s desk to be signed into law.
AB 1264 was originally introduced in March 2025 by California Assemblymember Jesse Gabriel, who also championed two precedent-setting, now-enacted additives bans, the California Food Safety Act and California School Food Safety Act. Since the passage of the California Food Safety Act in 2023, a wave of state-level food additives regulations have been introduced or passed (most recently, in Louisiana), and the “Make America Healthy Again” (MAHA) movement has piggybacked on this momentum.
AB 1264 defines ultra-processed foods as those “high in” saturated fat, added sugar (or contains a non-sugar sweetener), or sodium, and contains one or more of certain additives, including artificial dyes, flavors, sweeteners, emulsifiers, and thickening agents. Raw agricultural products, minimally processed foods, and pasteurized milk are exempt from the definition of UPFs.
Additionally, the bill would require the California Department of Public Health (CDPH) to identify a subcategory of particularly harmful UPFs (called “UPFs of concern”), which would be phased out of public schools by 2035. The following criteria would guide CDPH’s identification of UPFs of concern:
- Whether the substance is banned, restricted, or subject to warnings in other states or jurisdictions outside the U.S.
- Whether the substance, based upon peer-reviewed evidence, is linked to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, Type 2 diabetes, or other health harms associated with UPF consumption
- Whether the substance is hyper-palatable or may contribute to food addiction
- Whether the food meets the U.S. Food and Drug Administration’s (FDA’s) definition for “healthy”
- Whether the food is a UPF due to a “common natural additive.”
AB1264 was co-sponsored by Consumer Reports, the Environmental Working Group, and Eat Real.
Update, September 15, 2025: AB 1264 has passed the California Legislature. It now awaits signature by Governor Gavin Newsom.
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