California Gov. Gavin Newsom continues to lead the charge against ultra-processed foods and dyes by ordering key state agencies to assess their health risks and recommend ways to “reduce the purchase of soda, candy and other ultra-processed foods” with synthetic dyes and other additives.
In an executive order signed Friday, Newsom ordered the California Department of Public Health, the Office of Environmental Health Hazard Assessment, the California Department of Social Services and other key agencies to propose by April 1 strategies to “limit the harms associated with ultra-processed foods and food ingredients that pose a health risk to individuals.”
The sweeping order also seeks guidance on how the state might hip-check FDA oversight of the process for determining if new ingredients are Generally Recognized As Safe, and improve access to “fresh, healthy foods” at the local level including through state health care plans, hospitals and school meals.
“The food we eat should not make us sick with disease or lead to lifelong consequences,” Newsom said in a statement. “We are going to work with the industry, consumers and experts to crackdown on ultra-processed foods and create a healthier future for every Californian.”
While California is just one state, it is a sizeable market that can significantly impact sales if companies are prohibited from selling their products that include targeted ingredients. Likewise, many companies are loath to make label changes for only one state – as illustrated by Vermont’s labeling requirements for products with genetically modified organisms. Therefore, label requirements in one state can become de facto national mandates.
The state also has a track record for inspiring legislators in other regions to follow its lead and propose similar – or at times more restrictive – legislation.
A multi-prong approach to food safety, access
Under the executive order, Newsom set aggressive deadlines for recommendations and actions he suggested would reinforce the state’s food safety.
With regards to food additives and processing, Newsom ordered by April1:
- The California Department of Public Health to recommend actions to limit “the harms” associated with ultra-process foods and ingredients that “pose a health risk,” potentially including warning labels for certain products.
- The Office of Environmental Health Hazard Assessment to investigate and brief his office on “adverse health impacts of food dyes.”
- The California Department of Social Services to recommend state actions to reduce the purchase of soda, candy and other ultra-processed foods with synthetic food dye or other additives.
The executive order also laid out several missives to enhance the quality of food provided through the health care and school systems. These include an April 1 deadline to assess the feasibility of requiring or encouraging state managed care plans and hospitals to mitigate “food desserts” by strategically spending their community investment dollars and community benefit funds.
In addition, by Oct. 1, the governor ordered:
- The State Board of Education and California Department of Education to identify ways to “adopt higher standards for healthy school meals,” while also considering costs, logistics and other relevant factors.
- CDFA and its Office of Farm to Fork Program to ensure the school foods program can have “fresh ingredients” and to “redouble its efforts to support” farm-to-school programs statewide.
Could California’s executive order trigger similar missives in other states?
The executive order is the latest step by California to restrict foods and ingredients that state legislators deem “harmful,” and could trigger a domino effect of similar constraints across other states that have history of following California’s lead.
For example, when California initially proposed banning within its boundaries the sale of products containing brominated vegetable oil, potassium bromate, propyl paraben and Red Dye No. 3, several other states, including New York, put forward similar legislation. So far, California is the only state to pass the regulation, which will go into effect in 2027.
Additional state legislation that will ban the use of Red 40, Yellow 5 and 6, Blue 1 and 2 and Green 3 in California public schools beginning in 2027 has also served as a template for other states.
Efforts to ban food additives at the state level has sparked mixed reactions.
FDA and industry leaders have reiterated the safety of approved dyes and argued that ingredient safety assessments should be science-based and led by the agency at a national level to avoid a complicated patchwork of state laws. To reassure stakeholders that FDA is up to the task, the agency recently proposed an enhanced post-market food chemical assessment process, which many stakeholders agree is important but which some criticized as “thin on details.”
Consumer health advocates laud Newsom’s order
Consumer advocates that have long-criticized the adequacy of FDA’s oversight of food additive safety lauded Newsom’s executive order and, in particular, his request that the California Department of Public Health consider including warning labels for certain ultra-processed foods to potentially limit their harm.
The Center for Science in the Public Interest is a self-proclaimed “strong supporter” of warnings on certain ultra-processed foods and recommends “these labels take the form of nutrient safety warnings on packaged and restaurant foods with high levels of sodium and added sugars.”
It argues, “these foods pose significant health risks, including hypertension, type 2 diabetes and heart disease.”
It points to similar requirements in New York City and Philadelphia, which it says encourage consumers to make healthier decisions and restaurants to offer healthier products.
