
Proposed California Legislation Aims to Phase Out Ultra-Processed Foods From School Meals
California Assembly Bill 1264 reflects continued state interest in restrictive legislation directed at the food and beverage industry and, in particular, food additives.
On March 19, 2025, California legislator Jesse Gabriel (D-Encino) introduced a bipartisan bill, AB 1264, aimed at eliminating certain, as yet undetermined, "ultra-processed" foods ("UPFs") from California public school meals by 2032. In introductory remarks, Gabriel explained the legislation would require the California Office of Environmental Health Hazard Assessment to work with University of California researchers to determine which UPFs should be removed from school meals, reportedly starting as early as 2028. This determination would be based on factors such as whether the product includes additives that are banned or restricted in other jurisdictions and whether research links the product to certain health harms.
AB 1264 is part of a broader push to regulate food products statewide. In recent years, California passed the California Food Safety Act, banning four common food additives, and the California School Food Safety Act, banning six food dyes from public school meals. In January 2025, Governor Gavin Newsom signed an Executive Order to investigate ways to limit the use of UPFs, synthetic food dyes, and food additives in California.
If enacted, AB 1264 would create the first statutory definition of UPFs, although the proposed definition is not currently available. If a statutory definition of UPFs is established, it may have ripple effects nationwide as states consider restrictive legislation directed at the food and beverage industry. Already, New York and Illinois followed the California Food Safety Act with similar proposals. West Virginia recently banned seven food dyes, and more than 25 states are considering similar legislation.
UPFs and food additives have also garnered federal attention. Evaluation of food chemical safety has remained a top priority of the new Human Foods Program of the U.S. Food and Drug Administration ("FDA"). FDA recently revoked the authorization to use FD&C Red Dye No. 3 and published a consolidated list of food contaminant levels. Implementing increased restrictions on the food and beverage industry is consistent with Health and Human Services Secretary Robert F. Kennedy Jr.'s aim to "remove harmful chemicals" from America's food supply through his Make America Healthy Again platform.