California Gov. Gavin Newsom has signed legislation creating a first-in-the-nation certification and front-of-package label for non-ultraprocessed foods, part of a package of health bills that also carries new requirements for supplement sales, tobacco retailing and chain restaurant menus.
The non-UPF measure – AB 2244 by Assemblymember Jesse Gabriel (D-Encino) – establishes a voluntary Non-Ultraprocessed Certified standard modeled on the USDA Organic label, giving manufacturers a certification to pursue and consumers front-of-package information, along with what the governor’s office described as improved access to healthier options through strategic in-store placement. The bill cleared the Legislature and was sent to Newsom’s desk at the beginning of September.
“Like the USDA Organic label, this new seal will provide consumers with clear, trustworthy information and make it easier for them to locate healthier foods that are free from harmful additives,” Gabriel said. “Parents shouldn’t need a Ph.D. in chemistry to understand what they’re feeding their kids. California began this movement three years ago by banning the most dangerous food additives, and with Governor Newsom’s continued leadership we are taking another big step forward today.”
The legislation builds on last year’s Healthy Foods, Healthy Kids Act, also by Gabriel, which made California the first state to officially define ultraprocessed foods and set a timeline for phasing them out of schools.
The California Grocers Association expressed its disappointment at label’s passage: “CGA worked tirelessly throughout the legislative session to find common ground with Asm. Gabriel on AB 2244. Our amendments removed the mandate for dedicated shelf space of non-ultra processed food and the private right of action and instead included good-faith compliance protections and a sunset of the retail display requirement.
“Ultimately, CGA was disappointed by last minute amendments to how non-ultra processed foods are defined. We believe AB 2244 will not provide the clarity shoppers need to make healthier buying decisions and is likely to only lead to more confusion as to what an ultra processed food is and isn’t.”
What else the package includes for retailers
Several other bills in the package touch grocery and convenience store operations:
- AB 2030 bans the sale of over-the-counter diet pills and dietary supplements marketed for weight loss or muscle building to anyone under 18, affecting retailers with wellness and supplement sections (see more below).
- AB 762 and AB 2667 ban single-use, battery-embedded vapes and restrict advertising of vape products designed to resemble items marketed to minors, while tobacco retailers must display lung cancer screening awareness signage.
- SB 869 requires menus to flag drinks containing more than the recommended daily intake of added sugar, and SB 977 requires chain restaurants to offer at least one children’s meal meeting a minimum nutrition standard, provisions that could reach grocery foodservice operations depending on implementing rules.
- AB 1731 creates a program to source healthy foods from locally based vendors for California public schools, extending the state’s Farm to School efforts.
Supplement industry pushes back
The Council for Responsible Nutrition, the trade association for the dietary supplement and functional food industry, expressed deep disappointment with the signing of AB 2030, warning the law’s approach could create barriers to lawful products, confuse consumers and leave retailers uncertain about which supplements fall within its restrictions.
The law prohibits sales of supplements “labeled, marketed or otherwise represented for weight loss or muscle-building” and over-the-counter diet pills to consumers under 18 without a prescription, establishes age-verification requirements for retail and remote sales and authorizes civil penalties of up to $500 per violation. CRN said courts may consider statements that even “imply” those effects, claims about metabolism or strength, and how products are grouped in stores or online, a framework the association warned could sweep in fiber and protein supplements, general wellness products and even multivitamins.
“Protecting young people from eating disorders is an important objective that we share,” said Steve Mister, president and CEO of CRN. “But that objective deserves policies grounded in evidence, not broad restrictions that cast suspicion on lawful products without establishing that those restrictions will address the problem.”
The governor’s office, in signing the bill, cited findings that nearly 1 in 10 adolescents have used nonprescribed weight loss or muscle-building products, which it said are too often mislabeled or tainted with harmful substances such as steroids. CRN had urged lawmakers to instead base restrictions on a public health assessment of specific products by the California Department of Public Health, and noted the California law closely tracks a 2023 New York law it has petitioned the U.S. Supreme Court to review on First Amendment grounds.
The governor’s office framed the package as advancing prevention-focused healthcare, citing the state’s universal school meals program, which has served nearly 3.5 billion free meals since 2021, and its Farm to School program. Newsom said California is “focused on making whole, healthy foods as accessible as possible” and “making healthier choices easier.”