EWG testimony before the California Senate Health Committee on AB 2244, to create a ‘non-ultraprocessed’ food label

Thank you for the opportunity to testify. My name is Scott Faber, and I am testifying on behalf of the Environmental Working Group, a national environmental health organization and a sponsor of AB 2244. I am also an adjunct professor of law at Georgetown University Law Center, where I teach food and farm law. Prior to joining EWG, I was the vice president for federal affairs for the Consumers Brand Association. 

The overwhelming scientific evidence shows that ultraprocessed foods have been linked to serious health harms ranging from diabetes to dementia. 

Processed foods are part of a healthy diet. But ultraprocessed foods, or UPFs, are different from processed foods because they have been engineered in ways that make our food not just delicious but literally irresistible.

Consumers are increasingly trying to avoid UPFs, and there are many processed foods in the grocery store that are not ultra-processed and are lower in saturated fat, sodium, and added sugars. However, consumers are struggling to distinguish between UPFs and these healthier processed foods. 

The voluntary, non-UPF seal authorized by AB 2244 will help consumers by applying the definition you created in AB 1264 to the marketplace, and by asking grocers to make these non-UPF options easier to find. Minimally processed foods like olive oil, nuts and pasteurized milk are all non-UPF options eligible for the non-UPF seal.  

California’s definition of UPF closely tracks the consensus definition published by UPF experts in May, which recommends that UPFs be defined as food containing a “cosmetic” additive, such as flavors, synthetic colors, stabilizers, thickeners, and emulsifying agents. 

Let me reiterate: The non-UPF seal authorized by AB 2244 is completely voluntary. 

By contrast, many other countries, including Mexico and Canada, have required a mandatory warning on the front of unhealthy processed foods. 

Let’s help consumers build healthier diets. I urge you to support AB 2244 to help consumers find better options for their families.

Thank you for the opportunity to testify. 

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