California bets on a "not ultra-processed" seal as Congress weighs warning labels
SACRAMENTO, Calif., Sept. 28, 2026 — Gov. Gavin Newsom on Monday signed AB 2244, creating a voluntary state seal, "Non-Ultraprocessed Certified," for foods that fall outside California's legal definition of ultra-processed. That definition, set in law last year, covers foods with certain additives, such as colorings or emulsifiers, that are also high in saturated fat, sodium or added sugar, or contain non-nutritive sweeteners. Large grocers carrying enough certified items must make them easy to find.
The bill passed 32-0 in the Senate and 72-0 in the Assembly. The law it builds on was co-authored by the Assembly's Republican leader and its Progressive Caucus chair. A Morrison Foerster legal analysis links the state's moves to national momentum from the "Make America Healthy Again" movement.
Congress is weighing the opposite approach: mandatory warnings on ultra-processed food. A Senate committee advanced Sen. Bernie Sanders's bill 12-10 in July, and a House version counts San Diego Rep. Scott Peters among its sponsors. A coalition of dairy groups opposes it.
Industry pushback runs through both efforts. The National Chicken Council says processing-based tests ignore nutrition; its example is a breaded chicken tender, which it says delivers complete protein, lumped in with candy and soda.
Next steps are long. The state has until June 1, 2029, to accredit outside certifiers, and regulators must still define which ultra-processed foods are "particularly harmful." A science-policy group warns that vague terms will invite lawsuits.
The wall: The bill's final text and the status of the "particularly harmful" rules are not yet confirmed.
Tier: Reported
Sources
- Governor's release
- National Chicken Council Washington Report
- Morrison Foerster analysis of AB 1264
- Assemblymember Gabriel release (co-authors)
- FoodNavigator on S. 5026 committee vote
- House bill co-sponsors (Rep. Peters)
- Dairy coalition opposition
- American Council on Science and Health
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