California Lawmakers Introduce First-in-the-Nation Legislation to Phase Out Harmful Ultra-Processed Foods from School Meals

SACRAMENTO, CA — Today, Assemblymember Jesse Gabriel (D-Encino) introduced Assembly Bill (AB) 1264, a first-in-the-nation measure that would extend California’s national leadership in food safety and school nutrition by phasing out “particularly harmful” ultra-processed foods (UPFs) from school meals in California by 2032. AB 1264 would task state scientists – working in cooperation with leading experts from the University of California – with identifying "particularly harmful" UPFs based on scientific research linking them to cancer, cardiovascular disease, metabolic disorders, neurological or behavioral issues, and other health harms. AB 1264 is co-authored by a diverse group of legislators from across the political and ideological spectrum, including Assembly Republican Leader James Gallagher (R-East Nicolaus) and Progressive Caucus Chair Alex Lee (D-San Jose).

“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 Assemblymember Jesse Gabriel (D-Encino), the author of AB 1264. “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. This new legislation will ensure that schools are serving our students the healthy, nutritious meals they need and deserve.”

California is Leading the Nation in Food Safety & School Nutrition

In recent years, California has helped to change the national conversation about food safety and school nutrition. Over the past two years, the state has passed two landmark laws authored by Assemblymember Jesse Gabriel with strong bipartisan support: AB 418 (Gabriel 2023), the California Food Safety Act, which banned four dangerous additives from all foods sold in California; and AB 2316 (Gabriel 2024), the California School Food Safety Act, which prohibits the use of certain harmful synthetic food dyes in school meals. These reforms have inspired nationwide changes, with the FDA subsequently banning two of the chemicals identified in AB 418 and more than 20 states introducing versions of Assemblymember Gabriel’s legislation. Earlier this year, Governor Gavin Newsom issued an Executive Order directing state officials to crack down on ultra-processed foods and further investigate food dyes.

AB 1264 Will Phase Out “Particularly Harmful” UPFs

AB 1264 would establish a first-ever statutory definition for UPFs and direct California’s Office of Environmental Health Hazard Assessment (OEHHA) – in cooperation with leading experts from the University of California – to identify a subcategory of “particularly harmful” UPFs that should be phased out of school meals by 2032. State scientists will be charged with determining whether a product qualifies as a “particularly harmful” UPF based on the following factors:

• Whether the product includes additives that are banned, restricted, or subject to warnings in other jurisdictions;
• Whether, based upon scientific research, the product or ingredients in the product are linked to cancer, cardiovascular disease, metabolic disease, developmental harms, reproductive harms, obesity, type 2 diabetes, or other health harms; 
• Whether the product or ingredients in the product contribute to food addiction; 
• Whether 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 protect California’s students from harmful, addictive chemicals and ensure that all children – including those from disadvantaged backgrounds – can access healthy and nutritious foods.

Background on the Harmful Impacts of Ultra-Processed Foods

Ultra-processed foods (UPFs) are industrially manufactured, chemically modified products that are often filled with harmful additives to enhance taste, texture, appearance, and durability. Many of these products have been scientifically engineered to trigger the brain’s reward center and can contribute to food addiction and interfere with brain signals that prevent overconsumption. 

Scientific research has linked UPFs to serious health harms, including cancer, cardiovascular disease, Type 2 diabetes, metabolic disorders (such as Crohn’s disease and fatty liver disease), reproductive harm, neurobehavioral harm, and mental health issues. In 2024, the U.S. Department of Agriculture’s 2025 Dietary Guidelines Advisory Committee issued a systematic review of scientific evidence that confirmed the link between consumption of UPFs and greater risks of being overweight or obese. That same report found that 73 percent of U.S. adults 20 years and older are overweight or obese, and 38 percent of children and youth between 12 and 19 years old are prediabetic.

Americans are among the world’s biggest consumers of UPFs, with many American children consuming nearly two-thirds of their daily calories from UPFs. Excessive UPF consumption is a leading driver of poor health outcomes and rising healthcare costs. As the Newsom Administration has noted, “California’s health system is being increasingly strained due to rapidly increasing costs for prescription drugs that combat diabetes, obesity and other chronic health conditions.”

Food companies have consistently opposed efforts to regulate UPFs and have continued to market and sell these products to California consumers without disclosing the potential harms they may cause.

What Healthcare and Food Safety Experts are Saying about AB 1264

“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. 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.” - Dr. Ashley Gearhardt, Ph.D, Professor of Psychology, University of Michigan 

“Processed food can be part of a healthy diet, but Americans, especially our kids, are eating too many ultra-processed foods, leading to higher rates of cancer, cardiovascular disease and diabetes. By identifying and phasing out the most harmful UPF from California’s school food, AB 1264 will send the right signal to the companies selling food to our schools. EWG applauds Assemblymember Gabriel for once again making the health of California’s kids his top priority.” - Scott Faber, Senior Vice President of Government Affairs, Environmental Working Group

“Healthy School Meals are the fastest, most powerful way to create a healthier future for our children and our nation.” - Nora LaTorre, CEO EatReal.org

“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.” - Dr. Michael Goran, Program Director for Nutrition and Obesity, Children’s Hospital Los Angeles and Professor and Vice Chair for Research, Department of Pediatrics at Keck School of Medicine of USC 

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Jesse Gabriel proudly represents the San Fernando Valley in the California State Legislature