• On October 8, 2025, Governor Newsom signed the “Real Food, Healthy Kids Act,” making California the first state to define ultraprocessed foods (UPFs) and prohibit them in schools.
  • California’s AB 1264 prohibits schools from offering meals that include “ultraprocessed foods of concern,” and from “selling food or beverages . . . containing those restricted school foods or ultraprocessed foods of concern,” except for food items sold as part of a school fundraising event, starting July 1, 2035.  “Ultraprocessed food” is clearly defined for the first time under Cal. Health & Safety Code § 104661, defining a UPF as one that may contain such ingredients as nonnutritive sweeteners; high amounts of saturated fat, sodium, and added sugar; additives such as emulsifiers, stabilizers and thickeners, flavor enhancers, food dyes; and more.  Additionally, the bill directs the California Department of Public Health to define “ultraprocessed foods of concern” and “restricted school foods” by June 1, 2028, and to phase out these foods from school meals beginning July 1, 2029.  Please note that these dates and terms have been revised since we last reported on this bill.
  • The bill received broad bipartisan support, receiving 119 positive votes from both Republican and Democratic California assemblymembers and senators, and only one vote not to pass.
  • The enactment of AB 1264 is a significant decisive action as both federal and state lawmakers have struggled to define UPFs.  According to Governor Newsom, “California has never waited for Washington or anyone else to lead on kids’ health – we’ve been out front for years, removing harmful additives and improving school nutrition.” 
  • The bill is among many other state efforts to limit processed foods.  As we have previously blogged, there have been a host of newly proposed bills targeting synthetic dyes and various other food additives, which, if adopted, will create a divided and complicated regulatory scheme across the country.  Additionally, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) recently requested information to formally define UPFs – setting an original deadline for public comment for September 23, 2025, then later extending it to October 23, 2025.
  • Keller and Heckman will continue to monitor developments regarding UPFs.