Donnelly McDowell Quoted on California Ultra-Processed Foods Law

Partner and Advertising and Marketing practice chair Donnelly McDowell was quoted in ​“New California Ultra-Processed Foods Law May Set Table for National Wave of Regulation” by Law​.com. The law directs state regulators to make rules about ultra-processed foods in public schools, and adopts a broader definition than other states passing similar laws. California’s law defines ultra-processed foods in terms of ingredients’ functions, like stabilizers and thickeners or artificial coloring agents. This legislation comes during a wave of regulation and scrutiny over food, in part from the ​“Make America Healthy Again” movement. Donnelly notes the risks the law creates for food companies doing business in California for private lawsuits. 

“Companies could find themselves at risk of being sued in California under state consumer protection laws if they explicitly or implicitly market a food that falls under the state’s ultra-processed definition as healthy, he said.”

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