SACRAMENTO, CALIF. — An executive order signed Jan. 3 by California Gov. Gavin Newsom instructs state agencies to recommend potential actions to limit the harms associated with ultra-processed foods and food ingredients that pose health risks to consumers.

One specific action mentioned in the executive order is the placement of warning labels on products identified as ultra-processed and sold in the state.

“The food we eat shouldn’t make us sick with disease or lead to lifelong consequences,” Newsom said. “California has been a leader for years in creating healthy and delicious school meals and removing harmful ingredients and chemicals from food. We’re going to work with the industry, consumers and experts to crack down on ultra-processed foods, and create a healthier future for every Californian.”

In addition to requesting recommendations to limit the harms associated with ultra-processed foods, the executive order said the state will continue investigating the adverse health impact of synthetic food dyes; recommend actions to reduce the purchase of soda, candy, other ultra-processed foods and/or foods with synthetic food dyes or other additives; and identify how California may adopt higher school meal standards.

The executive order describes 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 as ultra-processed include 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 to limit the harms associated with ultra-processed foods by April 1, while the California Department of Education has until Oct. 1 to make its recommendations for higher school meal standards.

The executive order is not the first time the state has taken steps that impact the food industry. In October 2023, Newsom signed Assembly Bill 418 into law. The state legislation will ban the use of Red No. 3, brominated vegetable oil, potassium bromate, and propylparaben after Jan. 1, 2027. In September 2024, Newsom signed the California School Food Safety Act, which will go into effect Dec. 31, 2027, and prohibit schools serving meals to children in kindergarten through 12th grade any foods or beverages containing Blue 1 and 2, Green 3, Red 40 and Yellow 5 and 6.

David Acheson, MD, president and chief executive officer of The Acheson Group, a consultancy, explained recently that efforts by individual states to regulate specific ingredient usage in food and beverage formulations will challenge companies that distribute products nationally. He likened the situation to the previous decade when Vermont sought to regulate food items with genetically modified organisms. The federal government in response created the national mandatory bioengineered food disclosure standard.