Newsom signs first-in-the-nation bill restricting ultra-processed foods in California schools

Gov. Gavin Newsom on Wednesday signed a first-in-the-nation bill that legally defines ultra-processed foods and begins phasing out the most harmful ones from public school meals.

Assembly Bill 1264, known as the Real Food, Healthy Kids Act, directs the California Department of Public Health to identify ultra-processed foods, or UPFs, that pose the greatest health risks to students and remove them from school menus by 2035.

“Our public schools should not be serving students harmful ultra-processed foods filled with dangerous chemical additives,” said Assemblymember Jesse Gabriel, D-Encino, who authored the bill. “With this legislation, Democrats and Republicans are joining forces to prioritize the health and safety of our children. We’re proud to once again lead the nation with a bipartisan, science-based approach.”

The bill would require schools to begin to phase out restricted school foods and ultra-processed foods of concern by no later than July 1, 2029. Beginning July 1, 2032, vendors would be prohibited from offering restricted school foods and ultra-processed foods of concern to schools.

Under the new law, state scientists, in partnership with experts from the University of California, will determine whether a product qualifies as a “UPF of concern” or a “restricted school food” based on factors such as:

• Whether the product contains additives that are banned, restricted or carry warnings in other jurisdictions
• Whether scientific research links the product or its ingredients to cancer, cardiovascular disease, diabetes or other health harms
• Whether the product contributes to food addiction
• Whether the substance is a common natural additive

Gabriel has authored several bills aimed at making food healthier for Californians.

In 2023, he introduced Assembly Bill 418, later nicknamed the “Skittles ban,” which prohibited the sale or distribution of foods containing ingredients such as brominated vegetable oil and Red Dye No. 3.

He also introduced AB 2316 which banned certain synthetic food dyes in school meals.