- Noah Marty
- Legislative/Communications Assistant
- Noah.Marty@asm.ca.gov
SACRAMENTO, CA — Yesterday, the California State Legislature passed Assembly Bill (AB) 1264 – the Real Food, Healthy Kids Act – first-of-its-kind legislation that would phase out harmful ultra-processed foods from California schools. Authored by Assemblymember Jesse Gabriel (D - Encino), AB 1264 would establish the first-ever statutory definition of ultra-processed foods and task the California Department of Public Health with identifying the most harmful ultra-processed foods that should be phased out of California schools. AB 1264 passed the State Senate by a 40-0 vote, and the State Assembly by a vote of 79-1.
“Our public schools should not be serving students harmful ultra-processed foods filled with dangerous chemical additives,” said Assemblymember Jesse Gabriel (D-Encino). “With this legislation, Democrats and Republicans are joining forces to prioritize the health and safety of our children and we are proud to once again be leading the nation with a bipartisan, science-based approach. I urge Governor Newsom to sign this bill into law so that we can ensure that public 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, setting the model for progress nationwide. This 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 now heads to Governor Gavin Newsom’s desk, where it must be signed into law or vetoed by October 12th.
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 the first-ever statutory definition of ultra-processed foods and direct California’s Department of Public Health, in cooperation with leading experts from the University of California, to identify the most harmful UPFs – “UPFs of concern” and “restricted school foods” – that should be phased out of school meals by 2035.
State scientists will be charged with determining whether a product qualifies as a UPF of concern or restricted school food based on certain factors, including:
- 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 substance is a common natural additive.
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
“Our schools are no place for UPFs, and AB 1264 will make sure the worst of the worst UPFs are phased out of California’s schools. I applaud Assembly Member Gabriel and California’s legislature for passing this first-in-the-nation legislation to make our kids’ health our top priority.” - Chef Andrew Zimmern, Chef, Writer, Traveler, TV Host and Leader on Eat Real’s Chef for Kids Council
“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 student 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
“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.”
“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