SACRAMENTO, Calif. – Today, in a major win for children’s health, the California State Assembly voted to advance a bipartisan bill phasing out certain ultra-processed food, or UPF, from meals served in public schools.
UPF are industrially manufactured and chemically modified products. They’re often made with potentially harmful additives to enhance taste, texture, appearance and durability.
Assembly Bill 1264, introduced by Assemblymember Jesse Gabriel (D-Encino), would create a first-in-the-nation legal definition of UPF.
The bill would also task Office of Environmental Health Hazard Assessment scientists to work with University of California experts to research UPF links to disease and health harms. These experts would then identify those that are “particularly harmful” and should be phased out of public school food.
Schools would be required to comply with the law by 2032.
“Our public schools should not be serving students ultra-processed food products filled with chemical additives that can harm their physical and mental health and interfere with their ability to learn,” said Gabriel.
Some artificial food chemicals have been shown to affect the brain’s influence on behavior and learning.
The bill has bipartisan support, including from state Assembly Republican Leader James Gallagher (R-East Nicolaus) and Progressive Caucus Chair Alex Lee (D-San Jose).
“In California, Democrats and Republicans are joining forces to prioritize the health and safety of our children, and we are proud to be leading the nation with a bipartisan, science-based approach,” said Gabriel.
“This new legislation will ensure that schools are serving our students the healthy, nutritious meals they need and deserve,” he added.
The Environmental Working Group is cosponsoring AB 1264. The bill will next be heard by the Senate Education Committee in late June or early July.
Health threats of UPF
Experts say ultra-processed food and drinks trick people into eating more of them than they really want. The products are engineered to evoke a desire to consume more, they say.
Scientific research links UPF to serious health harms, including cancer, cardiovascular disease, Type 2 diabetes, metabolic disorders such as Crohn’s disease and fatty liver disease, reproductive and neurobehavioral harms, and mental health issues.
Obesity is chief among the health problems linked to UPF. Rates of obesity in the U.S. and globally have skyrocketed in tandem with rising UPF consumption.
“Ultra-processed foods aren’t just unhealthy – they’re engineered for overconsumption. Like addictive substances, they hijack the brain’s reward system, making it difficult for people to cut back, even when facing serious health consequences,” said Ashley Gearhardt, Ph.D., and professor of psychology at the University of Michigan.
“America’s diet is now dominated by ultra-processed foods, many of which were shaped by the same corporate strategies that once hooked people on cigarettes. The result? Rising rates of obesity, diabetes and diet-related diseases, especially in children,” added Gearhardt.
Food companies have consistently opposed efforts to regulate UPF. They market and sell these products to consumers, in California and nationwide, without disclosing their potential harms.
Landmark UPF legislation
If signed into law, AB 1264 would establish a first-ever legal definition in the U.S. for UPF.
“Processed foods can have a place in a healthy diet, but Americans— especially children— are consuming too many ultra-processed foods, which is contributing to increased rates of cancer, heart disease and diabetes,” said Bernadette Del Chiaro, EWG’s senior vice president for California.
“AB 1264 takes an important step toward protecting student health by identifying and removing the most harmful ultra-processed foods from California schools,” added Del Chiaro. “We commend Assemblymember Gabriel and all of the bill’s co-authors for taking commonsense steps toward better protecting the well-being of California’s children.”
In developing their definition of “particularly harmful” UPF, the experts would consider whether:
- The product includes additives that are banned, restricted or subject to warnings in other jurisdictions.
- Based on scientific research, the product or its ingredients are linked to cancer, cardiovascular or metabolic disease, developmental or reproductive harms, obesity, Type 2 diabetes or other health harms.
- The product or its ingredients contribute to food hyperpalatability.
- The product is high in fat, sugar or salt.
California schools are projected to provide over 1 billion meals this school year. AB 1264 would help protect students from harmful, hyperpalatable chemicals and ensure that all children – from a diversity of economic backgrounds – have access to healthy and nutritious foods.
“Healthy school meals are the fastest, most powerful way to create a healthier future for our children and our nation,” said Nora LaTorre, CEO of Eat Real, bill cosponsor and coalition partner of EWG.
California leads the way
California is changing the national conversation about food safety and school nutrition. With strong bipartisan support, over the past two years the state has enacted two Gabriel-authored landmark food laws.
The California School Food Safety Act, signed into law in 2024, bans six harmful food dyes from being served in public schools.
It followed a 2023 state law banning the manufacture, distribution or sale of food containing the chemicals Red Dye No. 3, propyl paraben, brominated vegetable oil and potassium bromate.
California has long been a bellwether state for public health protections. Now similar actions are sweeping the country, with food chemical bills introduced, debated and in some cases enacted in states from Arizona to Vermont, including Illinois, New York and Pennsylvania.
Gov. Gavin Newsom issued an executive order in January directing California agencies to look for new ways to minimize the harms of UPF consumption and reduce the purchase of soda, candy and other types of UPF, including those that contain artificial dye.
“Poor nutrition in childhood, predominantly due to processed foods, which are high in added sugars and low in nutrient quality, is a major and modifiable factor contributing to life-long risk for chronic diseases, including obesity, Type 2 diabetes, fatty liver disease and heart disease and also affects learning and classroom performance,” said Michael Goran, Ph.D., and program director for nutrition and obesity at Children’s Hospital Los Angeles.
Goran is also professor and vice chair for research in the department of pediatrics at Keck School of Medicine of the University of Southern California.
EWG is sponsoring five bills in the California Legislature this session, including SB 646, which the state Senate passed last Wednesday and now moves to the Assembly. Authored by Sen. Dr. Akilah Weber Pierson (D-San Diego), the bill would require prenatal vitamin manufacturers to test for harmful heavy metals and publicly post the results online starting in 2027.
If signed into law, it would make California the first state to mandate transparency for prenatal supplements, setting a national precedent for stronger maternal health protections.
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The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.
