California Limits Ultra-Processed Foods, Suggestions by April

California Governor Gavin Newsom signed an executive order on January 3, directing state agencies to consider potential measures to limit the health risks posed by ultra-processed foods and their ingredients. The order specifically calls for warning labels on products identified as ultra-processed and sold in the state.

Governor Newsom emphasized, "The food we consume should not lead to disease or long-term health issues." He noted that California has been at the forefront of promoting healthier school meals and removing harmful components and chemicals from foods. Governor Newsom stated that the state will collaborate with industry, consumers, and experts to tackle the issue of ultra-processed foods to create a healthier future.

In addition to requiring suggestions to limit the harm of ultra-processed foods, the executive order also indicates that California will continue to investigate the potential negative health impacts of synthetic food dyes and suggests measures to reduce the purchase of soda, candy, other ultra-processed foods, and foods containing synthetic food dyes or other additives. Furthermore, the order aims to determine how California can implement higher school meal standards.

The definition of ultra-processed foods in the executive order is: "Typically characterized by industrial formulations made with food-derived chemical ingredients and additives used to enhance flavor, texture, appearance, and shelf life, with little to no natural food content..." Specific products identified as ultra-processed include chips, cookies, candy, sugary beverages, and processed meats like hot dogs and luncheon meat.

The California Department of Public Health is expected to propose suggestions to limit the harm of ultra-processed foods by April 1, while the California Department of Education will propose recommendations to raise school meal standards by October 1.

This executive order is not California's first action regarding the food industry. In October 2023, Governor Newsom signed Assembly Bill 418, which became law, prohibiting the use of Red 3, brominated vegetable oil, potassium bromate, and propyl paraben after January 1, 2027. In September 2024, Newsom signed the California School Food Safety Act, which will take effect on December 31, 2027, prohibiting schools from providing foods or beverages containing Blue 1 and 2, Green 3, Red 40, and Yellow 5 and 6 to children from kindergarten through 12th grade.

In an article published in December 2024 by Food Business News, David Acheson MD, President and CEO of The Acheson Group, pointed out that the efforts of states to regulate specific ingredient uses in food and beverage formulations will pose challenges for companies selling products nationally. He compared this situation to Vermont's attempts in the past decade to regulate foods containing genetically modified organisms. In response, the federal government established national mandatory bioengineering food disclosure standards.