By Kristen Hwang

WHAT THE BILL WOULD DO

Assembly Bill 1264 by Assemblymember Jesse Gabriel, a Democrat from Encino, would ban schools from serving harmful “ultraprocessed foods” to students. The measure would task the California Department of Public Health with identifying food or beverages to eliminate that contain high amounts of saturated fat, sodium and sugar. It also identifies for elimination additives like food coloring or flavor enhancers. 

The measure focuses on ingredients where research shows they are associated with cancer, cardiovascular disease, obesity and behavioral issues among other health harms. Schools would have to fully phase out these ingredients by July 2035.

WHO SUPPORTS IT

The legislation garnered broad bipartisan support from state lawmakers, including co-author and Assembly Republican Leader James Gallagher, a farmer from Chico, and the legislative progressive caucus. The measure passed the Senate unanimously and made it out of the Assembly with one vote against.

“Democrats and Republicans are joining forces to prioritize the health and safety of our children,” Gabriel said in a statement.

The Environmental Working Group and Consumer Reports co-sponsored the measure, whose supporters also include a coalition of children’s health and medical organizations, including the American Academy of Pediatrics and the American Diabetes Association. These groups say that “ultraprocessed foods” are linked to serious health risks.

WHO IS OPPOSED

Industry groups like the Consumer Brands Association, California Grocers Association and California Farm Bureau remain opposed, despite significant amendments made to address industry concerns over the definition and regulation of “ultraprocessed foods.” Some opponents have argued that the legislation was “well-intentioned but impractical.” They contend that the definition is still too broad and could result in harmless ingredients that have nutritional value from being unintentionally banned, including canned fruits or vegetables.

Assemblymember Carl DeMaio, a Republican from San Diego, voted against the measure.

WHY IT MATTERS

California Republican support for nutrition regulations predates the Trump administration’s “Make America Healthy Again” campaign. This legislation builds upon prior laws passed by Gabriel that ban certain food dyes from school meals and specified additives from grocery store sales. Those bills, which have at times been derided by Republicans nationally as examples of government overreach, have generally enjoyed some bipartisan support from state lawmakers.

This story has been updated to correct the deadline for schools to comply. It is 2035, not 2032.

GOVERNOR’S CALL ✅