A groundbreaking lawsuit filed against big food companies like Coca-Cola, Mondelez, and Kraft Heinz in the Court of Common Pleas Of Philadelphia County claims that these companies purposefully designed ultra-processed foods (UPFs) to be addictive and heavily marketed to children.
The lawsuit was filed by Bryce Martinez, who claims he developed non-alcoholic fatty liver disease and type 2 diabetes after consuming UPFs made by major food companies. He was diagnosed with both medical conditions when he was 16. The ultra-processed foods lawsuit also alleges that these foods have contributed to serious medical issues like non-alcoholic fatty liver disease and type 2 diabetes among kids as young as 16–medical problems previously uncommon in children.
This article presents both sides of the argument, emphasizes the long-term effects of UPFs, and discusses how you can identify ultra-processed foods in your diet.
Defining Ultra-Processed Foods: NOVA Classification System
The NOVA classification system groups foods into four categories based on food processing levels. The four categories are:
- Unprocessed and minimally processed foods: These are barely altered or in their natural state. These include fresh vegetables and fruits, eggs, milk, and nuts.
- Processed culinary ingredients: These foods have been minimally processed using methods like refining, pressing, milling, or grinding. They include oils, honey, sugar, and almond flour.
- Processed foods: These are made in the industries after combining foods in groups 1 and 2. They include bacon, canned fish, tomato pastes, and coconut fat.
- Ultra-processed foods: These are pure industrial formulations made mostly or entirely from substances extracted from foods like sugar, oil, fats, proteins, and starch, derived from food components like modified starch, or synthesized in labs from food substrates or other organic sources like colors, additives, and flavor enhancers. These foods primarily originate from industrial processes and are characterized by good pleasantness and the fact that you can store them for prolonged periods.
According to Erica M. LaFata, PhD, an assistant research professor at Drexel University, ultra-processed foods are industrially manufactured foods that go beyond basic processing and contain little or no whole food ingredients. These foods are made using refined carbohydrates, added sugars, fats, and artificial additives, such as preservatives, flavor enhancers, and emulsifiers to enhance their taste and pleasure.
Despite their lack of nutritional value, UPFs are common. In the U.S., they make up 70% of the current food supply. These foods include cookies, ice cream, candies, soda, sweetened and flavored yogurt, dairy drinks, chocolate milk, packaged meat, pre-prepared pizza, pasta dishes, baked products, breakfast cereal, infant formulas, sweetened juices, and packaged breads.
Overview of the Ultra-Processed Foods Lawsuit
In a milestone lawsuit filed by Bryce Martinez in the Court of Common Pleas in Philadelphia Country, big food companies have been accused of causing widespread health problems through the production and marketing of UPFs.
The ultra-processed foods lawsuit names 11 major food companies, including Mondelez International, Kraft Heinz, Coca-Cola Co., Post Holdings, PepsiCo, Nestle USA, General Mills, Kellanova, Mars, Conagra, and WK Kellogg, as defendants. These food manufacturers have been accused of:
- Manufacturing addictive products: The plaintiff argues that UPFs are deliberately designed to be addictive by using tactics borrowed from the tobacco industry to manipulate brain chemistry and consumer behavior. That includes using specific processing methods and additives that improve tastiness and increase consumption beyond what’s necessary or healthy.
- Health implications: The lawsuit explains that the introduction of UPFs has largely coincided with drastic increases in childhood type 2 diabetes, obesity, and non-alcoholic fatty liver disease. These health conditions were once rare among children but today they’re shockingly common, suggesting a direct connection to the consumption of UPFs.
- Targeting vulnerable demographics: The UPF lawsuit also focuses on how these major food companies aggressively market their products to children, especially those from minority communities. They use techniques like vibrant packaging, cartoon characters, and integrated advertisements with popular media. The complaint alleges that this marketing tactic is deceptive and contributes to an environment where children disproportionately develop diet-related health issues.
The complaint also includes claims for negligence, conspiracy, unfair business practices, and fraudulent misrepresentation. Additionally, it seeks an unspecified amount of monetary compensation and punitive damages.
Health Risks Associated with Ultra-Processed Foods
UPFs are linked to serious health problems, including an increased risk of developing type 2 diabetes, dementia, and heart disease. Unfortunately, these foods account for 57% of adult diets and 67% of children’s daily calorie intake, contributing to overconsumption and obesity because of their lack of nutrients and calorie density.
A 2024 report in the BMJ (British Medical Journal) links over 30 health issues to consuming ultra-processed foods. These health conditions include mental health disorders, heart disease, type 2 diabetes, hypertension, nonalcoholic fatty liver disease, cardiovascular disease, breast cancer, colorectal cancer, obesity, and other diseases. This report also found that consuming UPFs increases the risk of dying from any of these health conditions.
UPFs can also deter children’s growth, overall health, and learning.
According to a 2024 study in the JAMA network, these foods are linked to an increased risk of obesity, increased body fat, and complications related to health and metabolic health among children. The American Journal of Managed Care, reports that infants today weigh almost half a pound more than babies did 25 years ago.
Consumption of ultra-processed foods can also affect the weight of babies–because of the added sugar in baby food.
Additionally, a 2023 study found that regularly eating sweet baked products, candy, and other highly processed foods can lower kid’s verbal skills between the ages of four and seven. The study further suggests that UPF foods can negatively affect how well children think and communicate.
The Big Tobacco Comparison: Marketing Tactics and Addiction
UPFs are industrially engineered with artificial sweeteners, added sugar, flavorings, and additives to be highly rewarding and addictive. They can change the brain’s reward pathways the way addictive products do, making it daunting to consume them in moderation.
Several studies in recent years show that some UPFs are as addictive as cigarettes.
The world’s largest tobacco companies once owned many of the major food companies. Research suggests that many of the same tactics used to design and market cigarettes were used in the creation of UPFs.
Tobacco companies created processed foods to hit a “bliss” point and stimulate cravings. Highly processed foods are similar to addictive products like cigarettes. They contain ingredients from naturally occurring foods and plants that have been purified, concentrated, and transformed into substances that our bloodstreams can absorb quickly, amplifying their ability to light up the reward pathways in the brain.
These companies deliberately created products with high levels of salt, sugar, and fat to create these “bliss points,” optimizing texture and taste to make UPFs more appealing and harder to resist by triggering the release of neurotransmitters like dopamine, endorphins, and serotonin. Just like nicotine in cigarettes, these ingredients trigger strong cravings, making people get hooked on UPFs.
Additionally, tobacco companies were well-known for their advanced and high-spending marketing techniques, which they employed in their food brands. They leveraged eye-catching packaging, celebrity endorsements, and ad placements in popular media. Also, they created “kid-friendly” products that encouraged a taste for ultra-processed foods from a young age, just like they marketed cigarettes and other tobacco products to younger generations.
These companies recognized early that convenience was fundamental in dominating market share in a fast-paced society. They created foods that needed minimal preparation, like snack foods, frozen dinners, and microwavable foods. This drastic shift fed into a growing fast.
Potential Impacts on the Food Industry and Consumers
This legal action could be a turning point in how food companies are held responsible for public health outcomes:
- Consumer awareness: The lawsuit emphasizes the need for consumers to be fully informed about what they consume, particularly when it comes to foods aimed at children.
- Public health impact: If successful, the ultra-processed foods lawsuit may cause significant changes in how food is processed, marketed, and regulated, which may reduce the prevalence of diet-related conditions.
- Legal precedent: A win here may set a precedent for similar claims against food manufacturers, encouraging rigorous regulations or even product reformulations.
Legal Challenges and Precedents in Food Litigation
The ultra-processed foods lawsuit alleges that UPFs are designed to be addictive. It targets 11 major food manufacturers in the U.S. Many attorneys nationwide have described the case as the first of its kind. The defendant food companies are accused of deliberately targeting children in their marketing, causing chronic diseases.
Joseph Hoolihan, a principal attorney at Goldberg Kohn law firm, says this lawsuit has little legal precedent. He also says, “I have never seen a lawsuit before that targets major companies in the food and beverage industry the way this one does.”
Thus, the odds of success in this lawsuit are particularly low.
That’s because today, there’s no agreed-upon scientific definition of ultra-processed foods.
Also, the plaintiff must prove that a reasonable adult who is the parent or guardian of the affected children and thus has significant control over their consumption was deceived by the defendant companies’ marketing tactics into believing their products are safe and healthy.
UPFs aren’t the kinds of foods that you’d traditionally think are healthy.
Further, it will also be challenging to prove causation between the defendant companies’ purportedly false advertising and the purported health implications of their products.
Many people probably know that an unhealthy lifestyle is caused by more than diet. For instance, genetics and exercise also play a fundamental role in one’s health. Thus, many factors determine if one is healthy or not.
The FDA’s Role in Regulating Ultra-Processed Foods
The Food and Drug Administration (FDA) analyzes and regulates ingredients added to foods to ensure their safety. The safety of ingredients and food additives generally recognized as safe (GRAS) must be backed by research showing that their use meets the FDA’s safety requirements.
Essentially, food and beverage companies must demonstrate there’s no intention to harm consumers when an ingredient is intended or proposed for use in food. However, due to the inherent limitations of research, the FDA can never be sure of the absence of any risk from the use of any ingredient.
Further, the FDA has various programs to oversee food ingredients and ensure the food and beverage industry complies with the law. Under these programs, companies must provide information about an ingredient’s safety to the appropriate agency.
Public Health Implications of Ultra-Processed Food Consumption
In recent years, UPFs have taken over what Americans eat, especially children. Studies show that 15% of youths and 14% of adults globally are addicted to UPF, highlighting its societal impact and prevalence. These mass-produced and aggressively marketed foods are inexpensive and convenient; however, they pose severe health implications to consumers. These foods contribute to increasing rates of childhood type 2 diabetes, obesity, and nonalcoholic fatty liver disease. Research also shows that they disproportionately affect disadvantaged populations, including people experiencing food insecurity and people of color.
Research shows that UPF addiction alters brain-gut-microbiome functioning and can cause withdrawal-like symptoms, ultimately complicating efforts to improve health outcomes and manage weight. This emerging evidence outscores the need for targeted interventions and legal responsibility as more families grapple with the impact of these addictive, unhealthy foods.
Thus, while these addictive, harmful products are cheap and convenient their public health implications are severe. Skyrocketing rates of childhood type 2 diabetes, nonalcoholic fatty liver disease, and obesity have reached epidemic levels, raising concern about the responsibility of food manufacturers in this public health crisis.
Both non-alcoholic fatty liver disease and type 2 diabetes, once uncommon in children, are now alarmingly common among young children. These health conditions also carry life-long medical implications, including the risk of kidney damage, heart disease, and liver failure. Parents affected by these medical diagnoses are starting to explore taking legal action against food manufacturers who have profited from UPFs while allegedly palliating their risks.
Consumer Awareness and Dietary Choices in Light of the Lawsuit
Whether you have a UPF addiction or find it daunting to stop eating these foods, there are a few dietary choices you can make to try to cut back.
First, breaking the cycle of over-dependency on UPFS involves both environmental and behavioral changes. This means identifying your personal triggers for eating these foods, including boredom and stress, which can help you make healthier choices.
Additionally, it’s good not to try to go cold turkey. As the abrupt elimination of these foods in your diet can be overwhelming, so instead, gradually replace them with whole, minimally processed foods. That’s likely to make your transition more sustainable.
Also, avoid keeping ultra-processed foods in your fridge and plan your meals in advance to avoid depending on convenience foods, which often tend to be highly processed.
Working out regularly can also help. Doing even 20 minutes of moderate-intensity aerobic exercise can enhance your cognitive control and prefrontal cortex function, making it easier for you to control food cravings.
Remember, if you eat ultra-processed food here and there, it’s fine. That’s because consumption of UPFs in moderation is okay. The goal here is to ensure the majority of foods you consume are unprocessed and minimally processed.
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