Tox of the Town
Food Fight Continues: California’s Non-Ultraprocessed Foods Certification
by Sherry E. Jackman and Sedina L. Banks
Last week, California Governor Newsom signed legislation creating a first-in-the-nation label for non-ultraprocessed foods. AB 2244 (Gabriel) establishes a “Non-Ultraprocessed Certified” food standard. The program is voluntary and market-based: manufacturers opt in, and consumers decide.
The bill builds on last year’s Real Food, Healthy Kids Act (AB 1264), which made California the first state to officially define “ultraprocessed foods” (UPFs) and set a timeline for phasing some of them out of school meals. It also follows the state’s 2023 ban on certain food additives in the California Food Safety Act (AB 418), which outlaws four chemical additives in foods and beverages starting in 2027.
How Certification Works
Only CDPH-accredited certification agents may certify a product, and the bill defines a "food product" as a finished food or beverage with its own UPC.
An agent may not certify a product that:
- meets AB 1264's "additive criteria" for UPF (Health & Safety Code § 104661(a)(2)), which cover certain colors, emulsifiers, stabilizers and thickeners, flavoring agents and flavor enhancers, nonnutritive sweeteners, surface-active agents, and propellants and gases;
- is an “ultraprocessed food of concern” (as determined by future regulations); or
- is a “restricted school food” (as determined by future regulations).
The last two categories depend on forthcoming regulations, so the certification criteria are not presently fully known.
Certification is not permanent. Products must be recertified at least every three years, and a reformulated product must be recertified before it carries the seal.
Agents must register with CDPH, complete CDPH training, renew annually, and report each certified product's name, ingredients, nutrition facts, manufacturer and brand, GTIN and UPC, and certification date. Registration information is public, and CDPH will post a list of all certified products online.
The Non-Ultraprocessed Foods Seal
CDPH will design one standardized seal, which may use the phrase "Non-Ultraprocessed Certified Food Standard" or "Non-UPF Certified" along with California and whole-food imagery. Only products certified by an accredited agent may bear it.
Manufacturers have placement flexibility: the seal can go on the principal display panel, the information panel, or elsewhere on the package, as long as it does not obscure required information such as the nutrition facts panel or statement of identity.
CDPH may charge fees for agent registration, renewal and product certification, capped at its reasonable costs of administration and enforcement. Those fees fund a new Public Health Food and Nutrition Education Fund.
The Grocery Store Display Mandate
Once CDPH creates the seal, grocery stores with more than $10 million in gross annual store sales that offer more than 25 certified items must make at least three certified items “clearly identifiable.” That means displaying them so a reasonable consumer can readily distinguish them, through physical separation, signage or other visual cues.
The mandate excludes gas-station food marts and convenience stores selling a limited line of groceries.
Enforcement: Private Parties Can Sue Over Seal Misuse
The most notable feature for potential claims is the law allows a consumer, business entity or nonprofit, alongside CDPH and public prosecutors, to seek an injunction against anyone who engages, has engaged or proposes to engage in misuse of the seal. The remedy stated is injunctive; the article does not specify civil penalties. It is possible that consumer claims may reference violation of this law with other consumer protection laws to raise a claim for damages.
Four acts are unlawful:
- Certifying products without registering as an accredited agent.
- Willfully making false statements, or knowingly omitting required facts, in agent registration.
- Willfully making false statements, or knowingly omitting required facts, to an accredited agent.
- Using the seal on a product that does not meet the article's requirements.
Grocery display violations, by contrast, may be enjoined only by the Attorney General, county counsel, city attorneys or city prosecutors.
Although the law does not expressly authorize attorneys’ fees, successful private plaintiffs may seek them under California’s private attorney general statute, Code of Civil Procedure § 1021.5, if they satisfy its requirements—creating potential fee exposure in addition to injunctive relief.
Next Steps
The next key date is June 1, 2028, the deadline for CDPH to adopt regulations to define “ultraprocessed foods of concern” and “restricted school foods” under AB 1264. CDPH must accredit certification agents by June 1, 2029, so certified products are unlikely to reach shelves before then. CDPH may also adopt implementing regulations for AB 2244, and stakeholders should watch that rulemaking closely. Manufacturers should screen products against the AB 1264 criteria now and build certification into planned reformulation workflows. Large grocers should plan shelf, signage and training policies that support the law’s mandates.
