California Republican James Gallagher, the GOP鈥檚 former Assembly leader, has often accused the state鈥檚 progressive lawmakers of heavy-handed government intrusion, but this year he added his name to a legislative push for healthier school meals.
His party followed suit, with all but one Republican voting to send a bill to Democratic Gov. Gavin Newsom that would put into law a of ultraprocessed foods, followed by a public school ban on those deemed most concerning. And while it was California Democrats who led the passage of the nation鈥檚 first state-level bans on and , now conservative state lawmakers across the country have embraced new scrutiny of Americans鈥 food as the Trump administration makes a push to
鈥淲e see with our kids that they don't have access to necessarily the best food in their schools,鈥 said Gallagher, a father of five who as the GOP leader co-authored the recent bill with Democratic Assembly member Jesse Gabriel. 鈥淎nd we see it all around us, not just in California but throughout our country, that our kids are suffering from an epidemic of obesity.鈥
The speed at which improving the healthfulness of America鈥檚 food has become a bipartisan concern has come as a surprise to some health policy experts, given Republicans鈥 ardent criticism of such efforts in the past.
鈥淚t boggles the mind,鈥 said Marion Nestle, a professor emerita at New York University who has studied food policy and nutrition for decades. 鈥淲hen Michelle Obama tried to make American kids healthy again, she was vilified by the right and accused of trying to exceed the government鈥檚 role, creating a nanny state, and all kinds of other things. And now the Republicans are doing it.鈥
While there is no standardized definition, ultraprocessed food generally refers to food that is industrially manufactured and contains ingredients not typically available in a home kitchen. These foods are often low in nutritional value and have high amounts of salt, sugar, and unhealthy fats. the Centers for Disease Control and Prevention indicates that more than half of Americans鈥 calories come from ultraprocessed foods.
have tied , including increased risk for heart attack, obesity, Type 2 diabetes, and mental health problems. But some of the nation鈥檚 most influential food industry groups warn that California鈥檚 bill, if signed into law, could result in foods such as veggie burgers, canned tomatoes, and shredded cheese being labeled as ultraprocessed if they contain additives such as egg whites, citric acid, or corn starch.
鈥淧eople view ultraprocessed foods as automatically bad,鈥 said Dennis Albiani, a lobbyist for several of the . 鈥淗ealthy and natural foods could be categorized as ultraprocessed food, and just that categorization would send confusion to consumers that they should avoid these healthy foods.鈥
At least 30 states 鈥 some of them deeply conservative 鈥 have passed or are considering restrictions on chemicals in food or food packaging, according to the Environmental Working Group, which co-sponsored the California bill. In March, Republican Gov. Patrick Morrisey of thanked the Trump administration for 鈥渉elping us launch this movement鈥 when he signed legislation to outlaw several artificial dyes and additives from food sold in the state. And in August, U.S. Health and Human Services Secretary Robert F. Kennedy Jr. joined Republican Gov. Greg Abbott of Texas when he signed legislation to require warning labels on foods containing certain additives or dyes.
Meanwhile, , including Florida, Idaho, and Oklahoma, have applied for and received waivers from the U.S. Agriculture Department to prevent food stamp recipients from purchasing soda and, in some cases, candy.
Kennedy, who is leading the MAHA movement, has asked the industry to phase out , is exploring that allows chemicals to enter the food supply without Food and Drug Administration approval, and is for ultraprocessed food, which he says is to blame for an epidemic of chronic disease.
Department of Health and Human Services press secretary Emily Hilliard declined to comment on the California bill but said in an email that Kennedy 鈥渆ncourages state leaders to advance policies that prioritize children's health, support informed decision-making by families, and promote access to healthier choices.鈥 Some health experts whether the Trump administration is serious about cracking down on the food industry, especially after the , released this month, appeared to back away from direct restrictions on pesticides and ultraprocessed foods.
California has a mixed record on attempts to limit what consumers eat and drink. The Democratic-controlled legislature has approved bans and in recent years. But in the face of beverage industry opposition it has been unable to outlaw jumbo-size sugary drinks or tax sodas and other sugary beverages that can increase the risk of weight gain, Type 2 diabetes, heart disease, and cavities. At the time, Gallagher 鈥渢he kind of government intrusion that people can鈥檛 stand,鈥 but he has since has convinced him that additives should be taken out of children鈥檚 food.
Newsom has 30 days from Sept. 12 to sign or veto the ultraprocessed-food measure. Bill supporters hope the state regulations will have a ripple effect across the nation鈥檚 food industry, prompting manufacturers to reformulate their products. California public schools serve almost .
The California bill defines ultraprocessed foods as those high in saturated fat, salt, or added sugar (including non-sugar sweeteners), and containing at least one industrial ingredient from a list that includes thickeners, gases, emulsifiers, and artificial colors and flavors. Bill supporters say they have accounted for industry concerns, and the definition excludes 鈥渕inimally processed鈥 foods such as diced or canned vegetables, pasteurized milk, alcoholic beverages, infant formula, and medical food formulated to manage disease.
Not all ultraprocessed foods that meet the definition would be banned. Instead, the bill instructs the California Department of Public Health to identify a subsection of ultraprocessed foods 鈥渙f concern鈥 to be phased out. Factors for the department to consider include whether other states or countries have banned the food, and scientific evidence that the food causes harm or is engineered to be 鈥渉yperpalatable,鈥 which makes the food hard to resist.
The health department would have to adopt regulations defining those foods no later than June 1, 2028, and public K-12 schools would begin to phase out certain ultraprocessed foods by July 1, 2029. It is unclear how much the measure would cost schools, because it is not known what foods would be eliminated, according to an analysis of the bill.
For Jack Bobo, executive director of the UCLA Rothman Family Institute for Food Studies, the California bill鈥檚 goal to make kids鈥 meals healthier is a good one but creates unnecessary bureaucracy. Inevitably, the ultraprocessed foods that regulators decide are 鈥減articularly harmful鈥 will be high in salt, sugar, and fat, which existing dietary guidelines have already established as unhealthy.
鈥淧eople are worried about preservatives, they鈥檙e worried about food additives, when they should just be focusing on fat, salt, and sugar first,鈥 Bobo 听said. 鈥淚t distracts us from the core attributes that are actually causing the problem, or at least are causing most of the problem. We have too much fat and too much sugar in our kids鈥 meals, just like we do in adult meals.鈥
Bobby Mukkamala, president of the American Medical Association, declined to comment on the bill but said his organization supports more government regulation of ultraprocessed foods. But the first steps, he added, should be increasing public awareness about the dangers of these foods and educating people about healthier options.
Mukkamala criticized federal funding cuts to the National Institutes of Health that he said make it difficult for scientists to research which ultraprocessed foods pose the most risk. While much ultraprocessed food has little nutritional value, there are some processing methods 鈥 such as enriching cereal with folic acid 鈥 that could be considered beneficial, he said. And new products are emerging all the time.
鈥淭here鈥檚 a lot of research that helps us figure out what鈥檚 good and what鈥檚 bad,鈥 he said. The federal government 鈥渋s saying, 鈥楲et鈥檚 make us healthier by regulating this stuff, but let鈥檚 not do enough research to tell us what to do.鈥 It鈥檚 like one step forward and one step backwards.鈥
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