By Shannon Kelleher
As states across the country move to ban food dyes, California lawmakers on March 19 introduced the first U.S. bill that would phase out certain ultraprocessed foods from school meals.
If signed into law, Assembly Bill 1264 (AB-1264) would establish the first statutory definition of what qualifies as an ultraprocessed food and would direct state scientists to work with university experts to identify particularly harmful products, which would then be removed from school cafeterias by 2032.
“We have not done enough to protect [children] from ultra-processed foods and beverages that have far more in common with a cigarette than they do a fruit or vegetable,” Ashley Gearhardt, a professor of psychology at the University of Michigan and director of the school’s Food Addiction Science & Treatment Lab, said on a March 19 press call.
AB-1264 is a “courageous step forward” toward treating ultraprocessed foods like the serious health threats they are, said Gearhardt.
To identify which ultraprocessed foods should be eliminated from school offerings, scientists will consider whether a product includes additives that are banned elsewhere, whether it has been linked to health harms, whether it has been shown to contribute to food addiction, and whether it contains excessive fat, sugar or salt, California Assemblymember Jesse Gabriel, one of the lawmakers who introduced the bill, said on the call.
The scientists will be required to publish a first report outlining this subcategory of especially harmful ultraprocessed foods by July 1, 2026, said Gabriel, and will be required to update the list every two years as research on these foods evolves.
The bill was embraced by both Democrat and Republican lawmakers, added Gabriel.
“Protecting our kids from harm is, and always should be, a bipartisan issue,” he said.
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In 2023, Gabriel introduced the California Food Safety Act or so-called “Skittles bill,” which is set to ban foods in the state containing brominated vegetable oil, red dye No. 3 and other toxic chemicals beginning in 2027.
The bill was followed by the California School Food Safety Act last year, which will ban schools from serving foods with six artificial dyes linked to neurobehavioral problems in children.
The bills, signed into law by Gov. Gavin Newsom, have been followed by a wave of recent legislation across the country.
West Virginia this month advanced a sweeping bipartisan bill that would ban a range of food dyes linked to health problems, while New York lawmakers have proposed a law that would ban seven food dyes from public schools and eliminate red dye No. 3 and two other food additives statewide.
Ultraprocessed foods, which have typically undergone many industrial changes such as the addition of preservatives, sweeteners and artificial flavors, have been linked to 32 health conditions, according to a 2024 review in The BMJ, including heart disease, diabetes, mental health disorders and obesity.
About one in five U.S. children between the ages of 2 and 19 are obese. Eating ultraprocessed foods has also been associated with attention-deficit/hyperactivity disorder (ADHD) in children.
Some industry players have pushed back against the growing negative perception of ultraprocessed foods, with General Mills reportedly arguing in a letter to the U.S. Department of Health and Human Services last year that “Not all processed foods are nutritionally equivalent and do not have the same impact on health.”
Processing is “part of a complex food system that helps consumers meet nutritional needs within their abilities, budget and preferences,” wrote General Mills.
Countries around the world have banned ingredients with concerning health effects that are still commonly used in U.S. foods, including titanium dioxide, brominated vegetable oil and artificial food dyes.
“We hope that this bill will inspire food companies to tweak their recipes and remove unnecessary harmful additives so that they can continue to access this enormous [California] market,” said Gabriel.
Originally published by The New Lede.
Shannon Kelleher is a reporter at The New Lede.
