Gov. Newsom issues executive order on ultra-processed foods and food dyes

Today, California Governor Gavin Newsom issued an executive order to “crack down on ultra-processed foods and further investigate food dyes.”  

We commend the Governor’s efforts to make food safer. CSPI has long advocated for safer foods in California, including supporting legislation that banned Red 3 and the remaining synthetic dyes in school foods. We are also strong supporters of warning labels on certain ultra-processed foods, namely those high in sodium and added sugars. CSPI continues to advocate for policies requiring warning labels on all foods with synthetic dyes and those with excess sodium and added sugars.

Ultra-Processed Foods (UPFs): The executive order asks state agencies to consider warnings on certain UPFs. CSPI recommends that these labels take the form of nutrient safety warnings on packaged and restaurant foods with high levels of sodium and added sugars. These foods pose significant health risks, including hypertension, type 2 diabetes, and heart disease. Policies requiring such warnings, which have already been successfully implemented in New York City and Philadelphia, aim to inform consumers, promote healthier decisions, and encourage restaurants to offer healthier products. 

Synthetic Dyes: The executive order asks state agencies to continue investigating the adverse health impacts of synthetic food dyes. However, synthetic dyes’ health impacts have already been well established by California’s own Office of Environmental Health Hazard Assessment (OEHHA), and action is now needed to reduce exposure. The executive order also asks state entities to provide recommendations to reduce the purchase of foods with synthetic dyes, which we support. California has already banned synthetic dyes in school foods, and we urge the state to require warnings related to neurological effects in children on foods with synthetic dyes.  

Secret GRAS Loophole: The executive order also requires state agencies to report on how California could close the federal secret GRAS loophole, which allows companies to introduce new chemicals without telling FDA or disclosing any evidence that the chemical is actually safe. As a result, understudied and unsafe food additives can enter the market and harm consumers. CSPI is already advocating for New York’s Food Chemical Transparency bill, which would require companies to list their GRAS additives and disclose that evidence. We invite Governor Newsom to work with CSPI on policy solutions to end this loophole in California.  

After decades of federal and industry inaction, it’s exciting to see policymakers in California and others at the state level ready to transform our food environment. With FDA failing to act on several of these issues and industry predictably resistant, it is past time for the states to step in and protect public health.