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Diving overview:
- California will ban certain ultra-processed foods from school lunches as part of legislation that would establish the first legal definition of the term in the United States.
- Gov. Gavin Newsom signed legislation defining ultra-processed foods as items that contain at least one additive or high amounts of saturated fat, sodium or added sugar. Foods containing sucralose or other sweeteners are also ultra-processed.
- The state’s ban only affects the “ultraprocessed foods of greatest concern,” which health officials will define by 2028. Schools would then have to phase out restricted items by 2035.
Dive Insights:
California’s bill could provide a blueprint that other states could use to enact their own bans. More than 20 states, including West Virginia, Florida and Utah, have passed or proposed bans on dyes, additives and other ingredients commonly used in processed foods. It’s part of a larger “Make America Healthy Again” movement that has gained bipartisan support in legislatures across the country.
“California has taken a historic step to protect our children from harmful ultra-processed foods and chemical additives,” Rep. Jesse Gabriel, who introduced the bill, said in a statement. “While Washington, D.C. is paralyzed by inaction, California is once again leading the nation with a bipartisan, common-sense, science-based approach.”
In addition to banning ultra-processed foods, the law prioritizes whole foods in school lunches and stipulates that elementary schools can only serve foods rich in fruits, vegetables, dairy proteins or whole grains as snacks.
Ultra-processed foods generally refer to items manufactured through industrial processing or foods that contain additives to make the product taste better. These foods account for more than half of the calories in the American diet and 62% of the calories consumed by children.
Health Secretary Robert F. Kennedy Jr. called ultra-processed foods a “poison,” saying they are one of the leading causes of chronic disease in America. The FDA has begun work on its own definition of ultra-processed foods, which could pave the way for future national regulations.
Ultra-processed foods have been linked to type 2 diabetes, obesity, and other chronic health problems, but not all are associated with negative health outcomes. This has made it difficult for regulators to properly define terms or impose bans.
Foods such as whole grain bread, yogurt, tofu, and infant formula are considered ultra-processed by some definitions. Debra Topham, owner of food compliance company Knowledge Bank, said in a LinkedIn post that packaged gluten-free and vegetarian items are typically defined as ultra-processed for the use of thickeners and stabilizers.
Schools will need to build new kitchens with refrigeration and storage capabilities to accommodate changes in ingredients, and the cost of food served will “increase exponentially,” Topham said.
Health and nutrition groups praised the California law, saying ultra-processed foods are designed to be addictive and the ban will help ensure children have greater access to healthier foods.
“Processed foods can be part of a healthy diet, but Americans, especially children, eat too many ultra-processed foods, which increases their rates of cancer, heart disease and diabetes,” Bernadette Del Chiaro, senior vice president of the California Environmental Working Group, said in a statement.
