Gavin Newsom flexes his own ‘MAHA’ plan as he moves to crack down on ultraprocessed foods in school lunch

The law seeks to define ultra-processed foods, which are often highly flavorful products full of sugar, salt and unhealthy fats. The legislation requires the state Department of Public Health to adopt rules by mid-2028 defining “ultra-processed foods of concern” and “restricted school foods.”

Schools must begin phasing out these foods by July 2029, and districts will be banned from selling them for breakfast or lunch by July 2035. Vendors will be banned from serving “foods of concern” to schools by 2032.

Newsom, flanked by Senior Associate Jennifer Siebel Newsom and state lawmakers, signed the measure at a middle school in Los Angeles.

“California has never waited for Washington or anyone else to lead on children’s health — we have been at the forefront for years, removing harmful additives and improving school nutrition,” Newsom said in a statement. “This first-of-its-kind law in the nation builds on that work to make sure every student in California has access to healthy, delicious meals that help them succeed.”

Newsom issued an executive order earlier this year requiring the Department of Public Health to provide recommendations by April on reducing harm from ultra-processed foods. The Democratic governor signed a law in 2023 banning the use of certain artificial food dyes in school meals.

Legislatures across the country have introduced more than 100 bills in recent months seeking to ban or require labeling of the chemicals that make up many ultra-processed foods, including artificial dyes and controversial additives.

Americans get more than half their calories from ultra-processed foods, which have been linked to a host of health problems, including obesity, diabetes and heart disease. However, studies have not been able to prove that foods directly cause these chronic health problems.

Definition of ultra-processed foods

Identifying ultra-processed foods has been difficult. The most common definition is based on the Nova four-tier system developed by Brazilian researchers that classifies foods according to the amount of processing they undergo.

Researchers often describe ultra-processed foods as the types of products that contain artificial ingredients you won’t find in a home kitchen.

But some highly processed foods — such as tofu, certain types of whole-grain bread, and infant formula — can be healthy. It is not clear whether it is the processing of foods or a combination of nutrients such as sugar, fat and salt that leads to poor health outcomes.

US health officials recently launched an effort to come up with a federal definition for ultra-processed foods, saying there are concerns about whether current definitions “accurately define” the range of foods that may affect health.

Some say California’s ban goes too far

Some critics of the ban say it is too broad and could inadvertently limit access to nutritious foods.

“For school foods, food and beverage manufacturers meet uniquely stringent safety and nutrition standards set by the USDA and government agencies,” John Hewitt of the Consumer Brands Association said in a statement. He added that the brands represented by the association are committed to “providing safe, nutritious and convenient products.”

The California School Boards Association is concerned about the cost to districts of phasing out these foods in the next few years. There are no additional funds associated with the bill.

“You’re borrowing money from other areas that need to pay for this new mandate,” spokesman Troy Flint said.

The law could raise school districts’ costs by an unknown amount by making them buy more expensive options, according to an analysis by the Senate Appropriations Committee.

Some districts are already overhauling school rosters

Some California school districts are already phasing out foods that the law seeks to ban.

Michael Gochner spent years working as a chef before taking over as director of student nutrition for the Morgan Hill Unified School District about eight years ago. He fully supports the ban.

“I really started during the coronavirus crisis to think about where we were buying our produce and going to those farmers who were struggling as well,” he said.

They now don’t serve any ultra-processed foods, and all of their items are organic and sourced from within 50 miles (80 kilometers) of the area, Gochner said. He said they have removed sugary cereals, fruit juices, flavored milk and fried foods such as chicken nuggets and potatoes from their menus.

Many of their dishes are made from scratch or semi-homemade, including an item that has long been a staple in American school cafeterias: pizza.

Pizza is also a popular choice for students in Western Placer Unified’s Northeast Sacramento district, where Food Services Director Christina Lawson has spent the past few years introducing more made-from-scratch meals to their school menus.

She estimates that up to 60% of school menus in the district consist of dishes made from scratch, compared with about 5% three years ago. They are also purchasing more food locally to prepare a wide range of items, including a buffalo chicken quesadilla using tortillas made in nearby Nevada City.

“I’m really excited about this new law because it will make us have more options, more variety and even better products that we can offer our students,” Lawson said. “Because diversity is the number one thing our students are looking for.”

Dr. Ravinder Khera, a Sacramento pediatrician who supports the law, said at a legislative hearing that the ban would help respond to a wave of chronic conditions in children fueled by malnutrition.

“Children deserve real access to nutritious food that supports their physical, emotional and cognitive development,” Khaira said. “Schools should be a safe haven, not a source of chronic disease.”

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Associated Press Health Writer Jonelle Alicia in Temecula, California, contributed.

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