Nationally-Watched Legislation to Phase Out Harmful Ultra-Processed Foods from California Schools Secures Support from Key Stakeholders Ahead of Critical Senate Vote

SACRAMENTO, CA — Today, Assemblymember Jesse Gabriel (D-Encino) was joined by public health advocates, teachers, doctors, farmers, and chefs to urge the California Senate Appropriations Committee to pass Assembly Bill (AB) 1264, first-in-the-nation legislation that would phase out harmful ultra-processed foods from school meals in California. Importantly, following extensive conversations, key agricultural stakeholders – including the California Fresh Fruit Association – are now officially in support of AB 1264, joining the American Academy of Pediatrics, the California Federation of Teachers, the California State PTA, Stanford Medicine Children’s Health, and dozens of school districts and nonprofits in urging California lawmakers to make history in passing this legislation. Following strong bipartisan votes in the State Assembly and two Senate policy committees, AB 1264 is nearing the Governor's desk, but faces a critical vote in the Senate Appropriations Committee next week.

“Our public schools should not be serving students harmful ultra-processed foods filled with dangerous chemical additives,” 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. We are excited that California farmers are joining our movement, and we look forward to working closely with them to ensure that schools are serving our students the healthy, nutritious meals they need and deserve.” 

AB 1264 builds on California’s national leadership in food safety, responding to growing evidence that ultra-processed foods have serious consequences for public health. In recent years, leading doctors and scientists have issued urgent warnings about these products, and Americans of all political affiliations are calling for reform. While federal officials continue to contemplate potential reforms, California is taking decisive action with AB 1264, which would establish the first-ever statutory definition of ultra-processed foods and set the model for progress nationwide. The legislation 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).

AB 1264 is currently on the Senate Appropriations Committee’s suspense file. Should it advance next week, the bill will be heard and voted on by the full State Senate prior to the end of the Legislative session on September 12. If passed by the Legislature, Governor Newsom will have until October 12 to decide whether to veto the bill or sign it into law.

Background on AB 1264 and Ultra-Processed Foods

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 the Most Harmful Ultra-Processed Foods

AB 1264 would establish a first-ever statutory definition for UPFs and direct California regulators – working 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.

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

“As a pediatrician, I see every day how diet impacts children’s physical, emotional, and cognitive health. Ultra-processed foods are fueling obesity, diabetes, and even mental health challenges in our kids. AB 1264 is a smart, measured step to phase out the most harmful of these foods from our schools and give California’s children the healthy foundation they deserve.” - Dr. Ravinder S. Khaira, M.D., MPH, FAAP 

“After spending decades in school food service and years working alongside a vast number of community members, health allied advocates and farmers, I’ve seen how deeply children’s health is tied to our agricultural communities. For too long, highly processed foods (HPF) have dominated school menus because of industry pressure, tight district budgets, and policies that don’t always prioritize students nourishment . AB 1264 is smart policy — it helps to ensure students are provided healthy and nourishing meals, invests in local farms, and strengthens California’s future.” - Miguel Villarreal, Interim Co-Executive Director, National Farm to School Network 

“AB 1264 would take an important step toward protecting student health by identifying and removing the most harmful ultra-processed foods from California schools. We commend Assemblymember Gabriel and all of the bill’s co-authors for taking commonsense steps toward better protecting the well-being of California’s children.” - Bernadette Del Chiaro, Senior Vice President for California, Environmental Working Group

“Everyday millions of children in the United States rely on school meals for it’s their only meal of the day. That means that school food isn’t just about lunch, it’s about public health and the future of our nation. That’s why I’m proud to support California’s AB 1264. Now, this is a bill that would remove the worst-of-the-worst of harmful additives from school meals. These are ones that have scientifically proven links to increases in childhood obesity, diabetes, anxiety, and depression. School meals are one of the best tools we have to give kids a fair shot at a healthy life and AB 1264 is a big step towards a better and bigger and more comprehensive food policy nationwide.” - Chef Andrew Zimmern, Chef, Writer, Traveler, TV Host and Leader on Eat Real’s Chef for Kids Council

“This is the moment for lawmakers to stand up for our children by supporting healthier, local, and delicious real food for kids at school through AB 1264.” - Nora LaTorre, CEO of EatReal.org

“This bipartisan bill is an important step forward in ensuring California’s children have access to the nutritious meals they need to thrive,” said Kat Taylor, Co-founder of TomKat Ranch and School Meals for All co-sponsor. “The phasing out of harmful ultra-processed foods means that children will have more pathways to access higher-quality, nutrient dense foods to improve their overall health.”