Ultra-Processed Food Health Concerns Fuel Regulatory Activity 

The health effects of ultra-processed foods (UPFs) have returned to the spotlight following California Governor Gavin Newsom’s recent Executive Order. The order directs several state agencies to investigate these widely consumed products and propose measures to mitigate their potential health risks. Any resulting recommendations could force manufacturers to overhaul their product formulations for the California market, one of the largest in the US. 

So, what are UPFs?  

Ultra-processed foods are typically a formulation of ingredients that involve numerous processes that break down foods from their whole form. Generally, fats, oils, sugars, and sodium are added to these types of foods along with additives that prolong shelf life or improve palatability. UPFs can be less expensive for consumers, which has led to an uptick in the consumption of these products. They have been shown to typically be higher in saturated fats, added sugars, and salt, while lacking sufficient fiber, protein, and vitamins and minerals. According to this Healthline article, consuming ultra-processed foods regularly increases a person’s risk of health complications including cardiovascular disease, certain cancers, obesity, and type 2 diabetes. It’s important to keep in mind that almost all of our food is processed to some extent, but some are more processed than others.  

What does the Executive Order require? 

Select state agencies have been directed to provide recommendations about ultra-processed food that include: 

• Limiting the harms associated with ultra-processed foods and food ingredients that pose a health risk to individuals. 
• Actions to reduce the purchase of soda, candy, other ultra-processed foods and/or foods with synthetic food dye or other additives. 

Synthetic Food Dyes and Red No. 3  

Also required in the Executive Order is the continued investigation into the adverse health impacts of synthetic food dyes. California passed the California Food Safety Act in 2024 that prohibits certain food additives from being sold, manufactured, or distributed in the state, including Red No. 3. And in a recent action, the Food and Drug Administration (FDA) announced a nationwide ban on using Red No. 3 in food and drinks starting in January 2027. This means US manufacturers must modify their product formulations and remove it from their labels. The rule also applies to foods imported into the US. It’s already banned in food use in the European Union, Canada, Australia, and New Zealand. 

The Future of Food Additives Regulation 

Depending on the final recommendations requested in the Executive Order, food and drink manufacturers may need to alter their products to comply with new standards. Changes will not only impact California, the largest state by population in the country, but likely the entire country. Historically, businesses tend to adjust their products to meet California’s stricter regulatory standards and make these available across the country, rather than change a product for just one state, which is inefficient and costly for manufacturers. For consumers, impacts may be seen in grocery stores and at the point of sale, depending on the proposed ways to help reduce purchases of these products. 

With mounting evidence linking ultra-processed foods to children’s health issues, obesity, and other health concerns, regulatory bodies are increasingly scrutinizing the use of additives in ultra-processed foods. California’s initiative likely signals a broader shift toward stricter oversight, putting food manufacturers on notice to expect more state and federal restrictions. 

The food we eat shouldn’t make us sick with disease or lead to lifelong consequences. 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.

Governor Gavin Newsome

California

Tracking Evolving Food Policies 

Syndigo’s team of registered dietitians actively monitors food policy to ensure our solutions help manufacturers and retailers stay ahead of and comply with the dynamic food and health regulatory landscape.