California passes bill banning junk food in schools—with a catch
California’s legislature passed a bill last week banning ultraprocessed food (UPF) in schools—in seven years.
AB 1264, a bipartisan bill that passed with only one no vote, would require schools to begin phasing out UPFs by July 2029, with junk food being completely banned by July 2032. The bill defines “ultraprocessed food” as any food or drink that contains chemicals such as coloring agents, artificial flavors, nonnutritive sweeteners, or high amounts of saturated fat, sodium, or added sugar.
Many UPF products contain a calculated blend of fat, sugar, and sodium referred to by researchers as a “bliss point.” This combination triggers a dopamine response similar to narcotics, causing cravings for more. UPF products often result in serious food addictions, particularly among children, which is why researchers like University of Michigan Associate Psychology Professor Ashley Gearhardt advocate for classifying UPF as a chemical substance.
AB 1264 has been sent to Governor Gavin Newsom’s desk for his signature. It was authored by Democratic Assemblymember Jesse Gabriel, whose previous bill banning foods with certain dyes in schools by 2027 was signed into law last year.
“You’ve seen a lot of folks in Washington D.C. talking about these issues, but we haven’t seen a lot of action,” said Democratic Assemblymember Jesse Gabriel, who authored the bill. “We’re actually going to move the needle on protecting kids and protecting families in California.”
Who stands in the way of banning junk food?
But efforts in Washington to crack down on junk food have been met with resistance from Gabriel’s own party. Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. has faced criticism from Democrats and food industry lobbyists for trying to ban junk food from the taxpayer-funded Supplemental Nutrition Assistance Program (SNAP), which the Left has framed as an assault on freedom of choice.
Kennedy hit back at such criticism in August, saying, "We all believe in free choice. We live in a democracy. People can make their own choice about what they are going to buy and what they are not going to buy. If you want to buy a sugary soda, you should be able to do that, but the U.S. taxpayer should not pay for it.”
Kennedy also revealed that food stamp recipients on SNAP are spending over $68 million on junk food each day.
"We are spending $405 million a day on SNAP,” Kennedy said. “Ten percent is going to sugary drinks. If you add candies to that, it's about 13 to 17%."
Kennedy made the remarks at a joint press conference with Agriculture Secretary Brooke Rollins, who announced that she has signed waivers for six more states banning junk food from SNAP purchases. Florida, West Virginia, Oklahoma, Texas, Louisiana, and Colorado have joined Iowa, Indiana, and other states in excluding candies and sugary drinks from SNAP.
Texas leads the way on nutrition
The most consequential bill on nutrition was signed into law by Texas Governor Greg Abbott in June. SB 25 amends the Texas Education Code by requiring government-funded high schools to offer an elective course on nutrition and wellness. It also requires medical schools that receive government funding to make nutrition a mandatory part of the curriculum. This is in contrast to medical schools like the one at University of Texas at Austin (UT-Austin), which warns students against “fatphobia” and frames obesity as a benign lifestyle choice rather than a serious health risk.
The legislation also requires the Texas Medical Board to include courses on nutrition and metabolic health among the continuing education requirements for physicians.
These nutrition courses will be based on guidelines set by the Texas Nutrition Advisory Committee, a new health body established by the legislation. The committee will be composed of seven members, including at least a functional doctor, a member of the Texas Department of Agriculture, a representative of a rural community, a representative of an urban community, a pediatrician specializing in metabolic health, and another expert who specializes either in metabolic health, culinary medicine, lifestyle medicine, or integrative medicine. The committee members must not have any financial stake in food or pharmaceutical companies.
As part of its overall focus on nutrition, the committee will specifically concentrate on the health impact of ultra-processed foods, particularly those containing additives and dyes, and how they contribute to chronic illness.
The new law also requires food manufacturers to place the following warning on products containing bleached flour, seed oils, certain food dyes, or other chemicals:
WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.
Ingredients that require the above label also include food coloring certified by the FDA. The requirement will not, however, apply to medications, dietary supplements, products already containing a warning from the Surgeon General, or any product regulated by the US Department of Agriculture's Food Safety and Inspection Service.
Sharyl Attkisson reported that the bill originally included aspartame and high fructose corn syrup as ingredients that require a warning, but removed those two due to pressure from Big Food.
