California OKs Bill to Ban Ultra-Processed Foods in Schools

On Thursday, the California Senate approved legislation that will ban ultra-processed foods from public school meals by 2035.

As Food & Wine previously reported, in March, Assemblymember Jesse Gabriel (D-Encino) introduced Assembly Bill 1264, which will require the California Office of Environmental Health Hazard Assessment to define “ultra-processed foods” (UPFs), identify the harmful ones, and phase them out of meals served to the state’s public school students. 

“Foods served in schools should fuel kids’ bodies and brains for learning, but harmful ultra-processed foods do the opposite,” said Brian Ronholm, director of food policy at Consumer Reports, which co-sponsored the bill along with the Environmental Working Group and Eat Real. “They offer little nutritional value and are deliberately engineered to make them hard to resist, which encourages unhealthy eating habits and overconsumption.”

The final version of the bill defines ultra-processed foods as those “high in” saturated fat, added sugar, sodium, or containing a non-sugar sweetener, and that “contain one or more of certain industrial ingredients, including colors, flavors, sweeteners, emulsifiers, and thickening agents,” Consumer Reports explained in a statement provided to Food & Wine. Minimally processed foods and pasteurized milk are exempt from this definition.

The next step is for experts from the California Department of Public Health to identify a subcategory of “UPFs of concern,” which will be phased out of school foods before the deadline. Consumer Reports explained this assessment will be based on “whether the substance is banned, restricted, or subject to warnings in other states or outside the U.S.,” whether they are linked to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, Type 2 diabetes, or “other health harms associated with UPF consumption” based on peer-reviewed science, if the substance is “hyperpalatable or may contribute to food addiction,” if it meets the FDA definition of “healthy,” and if it has a “common natural additive” that makes it a UPF. 

Consumer Reports also reported that there is a growing body of research showing the harmful effects of UPFs, including an increased risk of cancer, cardiovascular disease, and Type 2 diabetes. 

The bill mandates that schools start phasing out “particularly harmful restricted school foods and ultraprocessed foods of concern” by January 1, 2028. Beginning on December 31, 2027, breakfasts at California schools can no longer contain certain synthetic dyes, including Blue 1, 2, and 3, Green 3, Red 40, and Yellow 5 and 6. 

However, not everyone is on board with the changes. The California Farm Bureau issued a statement earlier this year stating, “While AB 1264 aims to improve public health by reducing UPF consumption, it could unintentionally harm California farmers by lowering demand for crops tied to these products, disrupting supply chains and imposing costly transitions,” It added, “Any legislation must consider the ripple effects on agriculture, support farmers in adapting to changes, and use science-based standards in food classification.” 

Although Assemblymember Gabriel stated in August that the bill has support from many groups, including the California Fresh Fruit Association and organizations like “the American Academy of Pediatrics, the California Federation of Teachers, the California State PTA, Stanford Medicine Children’s Health, and dozens of school districts and nonprofits.” The legislation also received bipartisan backing. Co-authors from across the political spectrum, such as Assembly Republican Leader James Gallagher (R-East Nicolaus) and Progressive Caucus Chair Alex Lee (D-San Jose), supported it. Now that the bill has passed the Senate, it will go to Governor Newsom’s desk, who has until October 12 to decide whether to veto or sign the bill into law. 

AB1264 isn’t the only food-related legislation California has passed in the last two years. In 2023, the state banned several chemicals, including Red Dye 3, from foods sold statewide, and in 2024, it banned six synthetic dyes from school foods. 

“Students should be provided with healthier options at school instead of ultra-processed food that puts their health at risk,” Ronholm said. “This bill will help protect California kids and establish an important new standard for the rest of the nation by getting harmful ultra-processed food out of our schools.”