California Enacts Law Defining Ultra-Processed Foods, Will Ban UPFs in Schools
California Governor Gavin Newsom has signed into law Assembly Bill (AB) 1264, also known as the Real Food, Healthy Kids Act. This first-of-its kind U.S. legislation establishes a legal definition for ultra-processed foods (UPFs), and tasks the state Department of Public Health with identifying and phasing out the “most harmful” UPFs from California schools.
Specifically, the act establishes the first-ever statutory definition of UPFs and directs California’s Department of Public Health, in cooperation with leading experts from the University of California, to identify and phase out UPFs of concern from schools by 2035.
The Real Food, Healthy Kids Act 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.
State scientists will determine whether a product should be phased out of schools based on certain factors, including:
- Whether the product includes additives that are banned, restricted, or subject to warnings in other jurisdictions
- Whether, based upon scientific research, the product or ingredients in the product are linked to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, type 2 diabetes, or other health harms
- Whether the product or ingredients in the product 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.”
AB 1264 was originally introduced by Assemblymember Jesse Gabriel, who also championed two precedent-setting, now-enacted additives bans, the California Food Safety Act and California School Food Safety Act. Additionally, in January, Governor Newsom issued an executive order that mandates California agencies to explore the safety of UPFs, food dyes, and "generally recognized as safe" (GRAS) ingredients, and recommend actions to mitigate the adverse health effects.
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.
Despite the elevation of MAHA to the White House by U.S. Health Secretary Robert F. Kennedy Jr. (RFK Jr.), Assemblymember Gabriel cites federal inaction regarding the regulation of harmful foods and food ingredients as the impetus for the Real Food, Healthy Kids Act.
AB 1264 was co-sponsored by Consumer Reports, the Environmental Working Group, and Eat Real.
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