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California Executive Order Cracking Down on Ultraprocessed Foods and Dyes

Jan. 3, 2025
Governor Newsom’s order starts as a request for research, but hints at ultimate bans, as the state has done before.

At this point, it’s only a request for information, but today (Jan. 3) California Governor Gavin Newsom issued an executive order asking for more research into ultraprocessed foods and synthetic food dyes, apparently with the ultimate goal of regulating them, as the state has done to other ingredients.

Saying ultraprocessed foods “are known to pose a health risk to individuals,” today’s executive order asks specific state entities to:

  • Provide recommendations to the governor’s office potentially to limit the harms associated with ultraprocessed foods and food ingredients that pose a health risk.
  • Continue investigating the adverse health impacts of synthetic food dyes.
  • Recommend actions to reduce the purchase of soda, candy, other ultraprocessed foods and/or foods with synthetic food dye or other additives.

It also asks about the feasibility of requiring state health care plans and hospitals to use their Community Investment dollars and Community Benefit funds to enhance access to fresh, healthy foods; identify areas where California may adopt higher standards for healthy school meals than national standards; and explore ways to expand universal school food programs.

“The food we eat shouldn’t make us sick with disease or lead to lifelong consequences,” Newsom’s accompanying statement said. “California has been a leader for years in creating healthy and delicious school meals and removing harmful ingredients and chemicals from food. We’re going to work with the industry, consumers and experts to crack down on ultraprocessed foods and create a healthier future for every Californian.”

California has indeed been a leader. It remains the only state with a looming ban on ingredients that are still approved by the FDA. Potassium bromate, propylparaben and red dye 3 will be illegal in the state effective Jan. 1, 2027, as will brominated vegetable oil, although the FDA has since also banned it.

Furthermore, the state will ban the use of red 40, yellow 5, yellow 6, blue 1, blue 2 and green 3 from foods in public schools after Dec. 31, 2027.

Statements accompanying today’s announcement noted recent data that 73% of U.S. adults 20 years and older are overweight or obese and 38% of children and youths between 12 and 19 years old are prediabetic. Also that children eat the majority of their meals at school, and research shows that healthy school meals result in better attendance, higher academic achievement and improved health overall, including lowering the instance of chronic disease in the long term.

California also has standards exceeding federal rules limiting the amount of added sugars and sodium in school foods and requiring more fruits, vegetables and whole grains, plus a long-standing ban on sodas and restrictions on caffeine at any grade level.

About the Author

Dave Fusaro | Editor in Chief

Dave Fusaro has served as editor in chief of Food Processing magazine since 2003. Dave has 30 years experience in food & beverage industry journalism and has won several national ASBPE writing awards for his Food Processing stories. Dave has been interviewed on CNN, quoted in national newspapers and he authored a 200-page market research report on the milk industry. Formerly an award-winning newspaper reporter who specialized in business writing, he holds a BA in journalism from Marquette University. Prior to joining Food Processing, Dave was Editor-In-Chief of Dairy Foods and was Managing Editor of Prepared Foods.

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