KANSAS CITY — A Jan. 3 executive order signed by California Governor Gavin Newsom means ultra-processed foods are going to remain a lightning rod for the foreseeable future. Combined with the state legislature’s willingness to pass laws that contradict federal regulations, a recommendation to apply warning labels to ultra-processed products could prove to be disruptive nationwide.
The executive order follows discussion about the 2025-2030 Dietary Guidelines for Americans in which the scientific advisory committee opted against recommendations regarding intake of ultra-processed foods, because of a lack of a formal definition or a body of research that broadly ties such products to obesity and chronic illnesses.
In the executive order, the governor instructed state agencies to recommend actions to limit the harms associated with ultra-processed foods and food ingredients that pose health risks to consumers. Such harms included the prevalence of obesity in the US population and chronic conditions like diabetes, hypertension and others that are associated with being obese.
One specific action cited in the order was the placement of warning labels on products identified as ultra-processed and sold in the state. The executive order described ultra-processed foods as those “generally characterized as industrial formulations of chemically modified substances extracted from foods, along with additives to enhance taste, texture, appearance and durability, with minimal to no inclusion of whole foods …” Specific product applications identified included packaged snacks like chips, crackers, cookies, candy, sugary beverages and processed meats like hot dogs and lunch meat.
The California Department of Public Health is expected to provide its recommendations by April 1 while the California Department of Education has until Oct. 1 to make its recommendations specifically for school meal standards.
The executive order is not the first time the state has taken steps that impact the food industry nationwide. In October 2023, Newsom signed Assembly Bill 418 into law, which will ban the use of Red No. 3, brominated vegetable oil, potassium bromate, and propylparaben after Jan. 1, 2027. In September 2024, he signed the California School Food Safety Act, which will go into effect Dec. 31, 2027, and prohibit schools serving foods or beverages containing Blue 1 and 2, Green 3, Red 40 and Yellow 5 and 6.
Public health advocates and researchers have been studying the potential impact of ultra-processed foods since the 1980s. There is a growing body of research indicating certain products and processes may contribute more than others to obesity. But population-wide health research moves at a glacial pace and, as was noted in discussion about the Dietary Guidelines for Americans update, more research is needed.
Research conducted by Innova Market Insights showed consumer concern about ultra-processed foods comes, in part, from consumers believing the products are under-regulated. Fifty-two percent of baby boomers believe ultra-processed foods are insufficiently regulated, and 34% of Gen Z believe the same.
Yet nothing could be further from the truth. All aspects of food manufacturing are highly regulated. The real issue is a lack of understanding about what constitutes ultra-processed food and the challenges of trying to differentiate and regulate such products. Executive orders and potential legislative efforts that do not take this into account are irresponsible.