California lawmakers pass first-in-nation bill to protect kids from harmful ultra-processed foods in schools

The California Legislature recently took a historic step to protect children’s health by passing a trailblazing bill to legally define ultra-processed food, or UPF, and phase out some UPF from public school meals.

Assembly Bill 1264, introduced by Assemblymember Jesse Gabriel (D-Encino), received overwhelming bipartisan support from legislators in the Assembly and Senate. The Environmental Working Group (EWG) is sponsoring the bill, which now heads to Gov. Gavin Newsom’s desk.

“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.

UPF are industrially manufactured and chemically modified products. They’re often made with potentially harmful additives to enhance taste, texture, appearance and durability.

The bill would also task the Department of Public Health to work with University of California experts to research UPF links to disease and health harms. These experts would then identify UPF that are “particularly harmful” and should be phased out of public school food.

The bill has bipartisan support, including from 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 food vendors that supply California’s K-12 schools would be required to comply with the law starting January 1, 2028.

Health threats of UPF

Ultra-processed food and drinks are designed to be hyper-palatable, engineered to be addictive and marketed to be profitable for their makers—all at the cost of nutritional value.

“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,” said Ashley Gearhardt, Ph.D., and professor of psychology at the University of Michigan.

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.

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 Newsom signs AB 1264 into law, it would establish the first U.S. legal definition of UPF. A type of food would be considered UPF if it were high in saturated fat, added sugar or sodium, and contained a food additive such as flavor, color, an emulsifier or a thickening agent.

The state’s Department of Health would then use this definition to identify UPF “of concern,” so defined because they are particularly harmful and should be phased out of schools.

“AB 1264 takes an important step toward protecting student health by identifying and removing the most harmful ultra-processed foods from California schools,” said Bernadette Del Chiaro, EWG’s senior vice president for California. “We commend Assemblymember Gabriel and all of the bill’s co-authors for taking commonsense steps to better protect the well-being of California’s children.”

Organic & Non-GMO Insights October 2025