On October 8, 2025, California Gov. Gavin Newsom signed into law the Real Food, Healthy Kids Act. The Act creates the first working definition of ultraprocessed foods (UPFs) based on scientific research. This will allow the California Department of Public Health to determine which foods will be phased out of public school meals or forbidden from being sold in cafeterias during a typical school day.
Democrats and Republicans agreeing on anything these days seems about as common an occurrence as snow falling in San Diego, but the Real Food, Healthy Kids Act was almost unanimously passed with bipartisan support. The goal of improving the Golden State’s school nutrition directives by examining and possibly excluding ultra-processed foods of concern has set 2035 as its target completion date.
While a few other states had already banned certain food dyes from school lunches, the definition of UPFs gives the state’s Department of Public Health the potential to identify health risks and apply sensible nutrition standards. Given that food distributors may have to adapt their products to remain available in California school districts, other jurisdictions seeking to make the same changes may find most of the work already done for them.
Did You Just Eat That?
The steady increase in child obesity rates and type 2 diabetes diagnoses has drawn crosshairs on school food, along with other snacks and drinks available during a student’s day. So-called “junk food” has long been a target, but it was an ill-defined villain. What determines when a meal or snack becomes a danger to kids’ health?
The Real Foods, Healthy Kids Act was written to address those concerns. To dispel confusion over what constitutes health harms in food and drinks available at schools, it sets out guidelines and limits for certain food additives, emulsifiers, and nonnutritive sweeteners. Scientists and nutritionists at the Department of Public Health (DPH) use this definition to determine if an item is safe and appropriate enough to be made available on a school campus.
Now that the bill is law, the DPH has until June 2028 to identify foods that, unless altered by their manufacturer, will be phased out of California K-12 schools by 2035. Snacks and meals that wish to avoid being labeled as UPFs of concern and banned from schools must not contain any of the following:
- More than 35% of its total calories from fat
- More than 10% its total calories from saturated fat
- More than 0.5 grams of trans fat per serving
- More than 200 milligrams of sodium per item, package, or container
- More than 200 calories per individual food item
Foods in violation of any of these parameters will not be permitted to be sold on school grounds from midnight until 30 minutes after the last class on a school day.
Entrees sold or provided through federal meal programs have additional restrictions, such as caps on the total number of calories (300-400) or milligrams of sodium (480).
There are also requirements for beverages. Whether you call it soda, pop, or Coke, sugary carbonated drinks are flat-out banned. Fruit- and vegetable-based drinks must consist of at least 50% of their respective juices, and milk must be unflavored, 1% fat, and limited in serving size for elementary and middle school students. High school students have a bit more freedom but still face limits on artificial sweeteners and added sugar.
Something California isn’t waiting until 2035 for is enforcing its ban on a number of food dyes and additives. As of December 31, 2027, foods containing the dyes Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6 will be considered a threat to kids’ health and banned as UPFs. These dyes are popular in certain candies and breakfast cereals, which means a bowl of Froot Loops in California may soon be a bit less vibrant.
The First of Many?
The federal government has also announced its intention to address UPFs, but so far, only California has passed legislation and tasked state agencies with phasing out unhealthy foods for children. California is often at the forefront of implementing new laws focused on environmental and health concerns. Over half of the other states began working on food dye bans after California passed one in 2024.
Here, too, other states may follow in the footsteps of the Real Foods, Healthy Kids Act. Manufacturers who adapt to meet the new California standards may decide to produce all of certain items at that level, rather than two versions. The likelihood will increase with each state that follows in California’s school food footsteps. And don’t worry - the ban on UPFs only extends until 30 minutes after the end of the school day, which means you’ll still be able to get a hot dog and a soda at the snack bar during a Friday night football game.
Related Resources
- 10 Laws You Should Know When You’re in California (FindLaw’s Law and Daily Life)
- Can Schools Regulate What Kids Bring for Lunch? (FindLaw’s Law and Daily Life)
- School Lunch Laws (FindLaw’s Student Rights)
