Newly Passed California Bill Defines Ultra-Processed Foods

On September 16, 2025, the California Legislature passed Assembly Bill 1264 (AB 1264), creating a statutory definition of “ultra-processed foods” (UPFs) and requiring the removal of certain “UPFs of concern” from school meal programs by July 1, 2035. Backed by bipartisan support, the bill now awaits Governor Gavin Newsom’s decision.

The newly passed California bill comes on the heels of a July 25 joint FDA-USDA Request for Information (RFI) soliciting input to help define UPFs, highlighting growing scrutiny of food additives and processing. Both moves reflect national momentum stemming from the Make America Healthy Again (MAHA) movement.

How the CA Law Defines UPFs

AB 1264 defines a UPF as any food or beverage containing one or more specified functional ingredients and either: (1) provides “high amounts” of saturated fat, sodium, or added sugars or (2) contains a nonnutritive sweetener or other covered substance.

Functional ingredients. The bill identifies the following functional ingredients: coloring materials and related adjuncts; emulsifiers and emulsifier salts; flavoring agents and adjuvants; flavor enhancers and nonnutritive sweeteners; propellants, aerating agents, and gases; stabilizers and thickeners; and surface-active agents.

High amounts. The bill establishes the following thresholds for “high amounts” of saturated fat, sodium, or added sugars.

Nonnutritive sweeteners. The bill incorporates nonnutritive sweeteners defined at 21 CFR 170.3(o)(19) or any of the following substances: D-sorbitol, erythritol, hydrogenated starch hydrolysates, sucralose, isomalt, lactitol, Luo Han fruit concentrate, maltitol, steviol glycosides, thaumatin, and xylitol.

Excluded from scope of bill. The bill expressly excludes certain items from the UPF definition, including alcoholic beverages, Class 1 milk, infant formula, medical foods, minimally processed products such as cut, canned, dried, or pasteurized foods, natural color additives permitted under 21 CFR Part 73, raw agricultural commodities, salt and other seasonings, USDA commodity foods, and locally grown or raised unprocessed products.

Future Restrictions on UPFs in Schools

California Assembly Bill 1264 directs the Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the Department of Public Health, to adopt regulations by July 1, 2026, identifying categories of “particularly harmful ultraprocessed foods,” which will be phased out from school meals by 2035. In making this determination, the bill instructs OEHHA to weigh factors such as whether a substance is banned, restricted, or required to bear a warning label in other state, federal, or international jurisdictions; linked to health harms or adverse health consequences; associated with hyperpalatability based on reputable peer-reviewed scientific evidence or may contribute to food addiction; modified to be high in saturated fat, sugar, or salt; qualifies as “healthy” as defined by FDA; and is a common natural additive.

Implications for Industry

If signed by the governor, AB 1264 will establish a detailed state-level framework for defining and restricting UPFs in schools that could inspire the development of a state patchwork of UPF laws and broader food regulatory and policy changes at the federal level, particularly in light of the ongoing FDA-USDA RFI on defining UPFs.

MoFo will continue to monitor AB 1264 and related developments at the federal and state level. If you have any questions concerning the developments discussed in this client alert, please contact the authors.