California has enacted a landmark law to remove certain ultra-processed foods from public school meals, becoming the first state in the U.S. to establish a legal definition for the term. The legislation, signed by Governor Gavin Newsom, sets a long-term plan to phase out specific food items containing certain additives and high levels of sugar, fat, and sodium.
Key Takeaways
- California is the first U.S. state to create a legal definition for "ultra-processed foods" in legislation.
- The law requires health officials to identify the "most concerning" ultra-processed foods by 2028.
- Schools will have until 2035 to completely phase out the banned items from their meal programs.
- The move is part of a growing national trend, with over 20 states considering similar restrictions on food additives and dyes.
- Experts anticipate significant logistical and financial challenges for school districts, including the need for kitchen upgrades and higher food costs.
Details of the New California Law
The new legislation provides a foundational definition for what constitutes an ultra-processed food. According to the law, these are items that contain at least one specific type of additive. Foods with high concentrations of saturated fat, sodium, or added sugars also fall under this new classification. Furthermore, products containing sweeteners like sucralose are included in the definition.
The implementation of the ban will be gradual. State health officials have been tasked with creating a definitive list of the "most concerning ultra-processed foods" by 2028. Following the finalization of this list, school districts across California will be given until 2035 to fully remove these items from their cafeterias and vending machines.
In addition to the ban, the law emphasizes the use of whole foods in school meal programs. For elementary schools, it stipulates that any snacks offered must be fruit, vegetable, dairy, protein, or whole-grain-rich food items, further limiting processed options.
A Growing National Movement
California's action is part of a broader, bipartisan movement across the United States aimed at improving the nutritional quality of food available to children. More than 20 other states, including Florida, West Virginia, and Utah, have either passed or proposed legislation to ban specific dyes, additives, and other ingredients commonly found in processed foods.
Defining a Complex Food Category
While the term "ultra-processed" is widely used, establishing a precise legal definition has been a significant challenge for regulators. These foods are generally understood to be products made through industrial processing and often contain additives to enhance flavor, texture, or shelf life. However, the broadness of this description creates potential issues.
The Challenge of Classification
Some foods that are widely considered healthy could fall under certain definitions of ultra-processed. For example, items like whole grain bread, yogurt, tofu, and even infant formula are sometimes classified this way due to the processes they undergo or the ingredients they contain.
Debra Topham, owner of the food compliance firm Knowledge Bank, noted that many packaged vegetarian and gluten-free products also qualify as ultra-processed because they use thickeners and stabilizers. This complexity is one reason why the California law has a long timeline, allowing regulators time to carefully consider which items to restrict.
Impact on American Diets
According to health studies, ultra-processed foods are a dominant part of the American diet. They are responsible for more than 50% of the total calories consumed by the average American and make up approximately 62% of the calories consumed by children and adolescents.
Support and Concerns for the New Policy
Health and nutrition advocates have largely praised the new law. They argue that many ultra-processed foods are engineered to be highly palatable and potentially addictive, contributing to negative health outcomes. The ban is seen as a crucial step toward providing children with healthier, more nutritious meal options during the school day.
"Processed foods can have a place in a healthy diet, but Americans – especially children – consume too many ultra-processed foods, which contributes to increased rates of cancer, heart disease and diabetes," said Bernadette Del Chiaro, a senior vice president at the Environmental Working Group.
Assemblymember Jesse Gabriel, who sponsored the bill, also celebrated its passage. "California has taken a historic step toward protecting our children from harmful ultra-processed foods and chemical additives," he stated. "While Washington DC is paralyzed by inaction, California is once again leading the nation with a bipartisan, commonsense, science-based approach."
Potential Hurdles for School Districts
Despite the support, implementing the ban is expected to create significant challenges for schools. The shift away from pre-packaged, shelf-stable items toward whole foods will require substantial changes to infrastructure and budgeting.
Experts predict that many schools will need to invest in new or upgraded kitchens, including expanded refrigeration and storage capacity. Food costs are also expected to rise considerably as districts source fresh ingredients and prepare more meals from scratch. These financial and logistical hurdles will need to be addressed in the coming years as the 2035 deadline approaches.
The Road Ahead for Food Regulation
With California setting a precedent, other states may follow suit with similar legislation. The law provides a potential blueprint for how to legally define and regulate ultra-processed foods, a topic that is gaining increasing attention from both lawmakers and the public.
At the federal level, the Food and Drug Administration (FDA) has also begun the process of developing its own definition of ultra-processed foods. This could eventually lead to national regulations that would apply to schools and food manufacturers across the country, potentially reshaping the American food landscape in the years to come.