Ultra-processed foods (UPFs) have become a cornerstone of modern diets, but their convenience comes at a cost. As consumption of these foods has skyrocketed, so too have the alarming health complications linked to them, including obesity, diabetes, heart disease, and even certain cancers. This growing public health crisis has sparked a wave of litigation against food manufacturers, making it essential for mass tort lawyers to stay informed and prepared.

In this article, we’ll explore the latest developments in the ultra-processed foods lawsuits, examine the scientific evidence driving these cases, and discuss what mass tort lawyers need to know to effectively represent plaintiffs.

Understanding the Issue: What Are Ultra-Processed Foods?

Ultra-processed foods are industrially manufactured products that often contain additives, artificial ingredients, and substances extracted from whole foods, such as hydrogenated fats, starches, and added sugars. These ingredients are used to enhance flavor, texture, and shelf life, but recent evidence suggests they may also be engineered to create dependency.

According to Harvard Medical School’s Harvard Health Publishing, unprocessed or minimally processed foods are whole foods in or close to their natural state, such as fresh fruits, vegetables, and unsalted nuts. Processed foods, like canned vegetables or freshly baked bread, undergo minor alterations. Ultra-processed foods, however, are a different story. They include items like frozen dinners, soft drinks, breakfast cereals, fast food, and prepackaged snacks—products that dominate modern diets, especially among children.

The Health Risks of Ultra-Processed Foods

The health risks associated with UPFs are well-documented. Studies have linked their consumption to a range of chronic conditions, including:

• Obesity: A 2019 study published in Cell Metabolism found that participants consumed 500 more calories per day on an ultra-processed diet, leading to weight gain.
• Type 2 Diabetes: Research in JAMA Internal Medicine revealed that a 10% increase in UPF consumption raised the risk of type 2 diabetes by 15%.
• Heart Disease: A study in The BMJ found that higher UPF intake was associated with increased risks of cardiovascular disease, coronary heart disease, and strokes.
• Non-Alcoholic Fatty Liver Disease (NAFLD): Once rare in children, NAFLD has doubled in prevalence since 2017, with UPFs being a significant contributor.
• Mental Health Issues: Emerging evidence suggests UPFs may also be linked to depression and anxiety.

These findings have fueled allegations that food manufacturers have prioritized profits over public health, failing to warn consumers about the risks of their products.

The Current Legal Landscape

The legal battles surrounding ultra-processed foods are gaining momentum. Plaintiffs argue that manufacturers have engaged in deceptive marketing practices, targeting vulnerable populations like children and failing to disclose the health risks associated with their products.

Key Defendants

Lawsuits have named major food companies as defendants, including:

• Kraft Heinz Company, Inc.
• Mondelez International, Inc.
• The Coca-Cola Company
• PepsiCo, Inc.
• Nestlé U.S.A., Inc.
• General Mills, Inc.

These companies are accused of using strategies reminiscent of the tobacco industry, such as creating dependency and downplaying health risks.

Jurisdictional Battles

In January 2025, Kraft Heinz attempted to move a lawsuit from Pennsylvania state court to federal court, citing diversity jurisdiction. However, this move has been met with skepticism, as courts often reject such attempts to avoid plaintiff-friendly state venues.

February 2025 Update: New Study Strengthens Plaintiffs’ Case

A groundbreaking study published in JAMA has provided plaintiffs with powerful evidence. The study, part of the CHILD Cohort Study, tracked 2,217 children and found that ultra-processed foods made up nearly half of their daily energy intake. By age five, children who consumed more UPFs—especially boys—showed higher BMI, increased waist-to-height ratios, and greater skinfold thickness.

This data underscores the allegation that food companies knowingly market unhealthy products to children, despite clear health risks. Plaintiffs are likely to use this study to support claims of negligence and deceptive practices.

January 2025 Update: Dental and Metabolic Health Risks

A study from the Catholic University of Valencia revealed another consequence of UPF consumption: jaw underdevelopment and dental misalignment in children. Researchers found that toddlers who eat soft, ultra-processed foods do not develop proper chewing habits, leading to narrower gaps between baby teeth and potential alignment issues when adult teeth emerge.

This study adds another layer to the growing body of evidence against UPFs, highlighting their far-reaching impact on children’s health.

December 2024 Update: Philadelphia Lawsuit Targets Major Food Companies

A lawsuit filed in Philadelphia accuses companies like Kraft Heinz, Mondelez, and Coca-Cola of designing and marketing ultra-processed foods to be addictive, particularly to children. The suit alleges that these practices have led to chronic health issues, including type 2 diabetes and non-alcoholic fatty liver disease, in young consumers.

This case, along with others like it, signals a turning point in the legal battle against UPFs. As more plaintiffs come forward, experts predict the litigation could evolve into a major multi-district litigation (MDL).

The Role of Marketing in UPF Consumption

One of the most contentious issues in the ultra-processed foods litigation is the role of marketing. Food companies have been accused of using tactics similar to those employed by the tobacco industry, such as targeting vulnerable populations and downplaying health risks.

For example, a 2024 report by The Wall Street Journal revealed that companies like Coca-Cola and PepsiCo have spent billions on advertising campaigns aimed at children, despite internal studies showing the health risks of their products. These campaigns often feature colorful packaging, cartoon characters, and endorsements from popular influencers, making UPFs irresistible to young consumers.

Plaintiffs argue that this aggressive marketing has contributed to the normalization of UPFs in children’s diets, leading to lifelong health issues. Legal teams are now focusing on these practices as evidence of negligence and deceptive business practices.

The Global Impact of UPFs

While much of the litigation has focused on the United States, the global impact of ultra-processed foods cannot be ignored. According to a 2023 study published in The Lancet, UPF consumption has risen dramatically in low- and middle-income countries, contributing to a global surge in obesity and related diseases.

In countries like Mexico and Brazil, where UPFs have become dietary staples, governments have implemented strict regulations, including taxes on sugary drinks and bans on junk food advertising to children. These measures have sparked legal battles between governments and food companies, setting precedents that could influence litigation in the U.S.

The Science Behind UPF Addiction

One of the most compelling arguments in the UPF lawsuits is the claim that these foods are engineered to be addictive. A 2024 study in Nature Food found that UPFs are designed to trigger the release of dopamine, the “feel-good” neurotransmitter, creating a cycle of cravings and overconsumption.

Researchers identified specific additives, such as monosodium glutamate (MSG) and high-fructose corn syrup, as key contributors to this effect. These substances enhance flavor and texture, making UPFs more appealing than whole foods.

Plaintiffs argue that food companies have long been aware of these effects but chose to prioritize profits over public health. This claim is supported by internal documents, similar to those used in the tobacco litigation, that reveal efforts to manipulate product formulations to maximize addictiveness.

The Economic Burden of UPFs

The health consequences of UPFs are not just a personal tragedy—they also place a significant economic burden on society. According to a 2024 report by The New York Times, the annual cost of treating obesity-related conditions in the U.S. exceeds $300 billion.

This figure includes direct medical costs, such as hospitalizations and medications, as well as indirect costs, such as lost productivity and disability. Plaintiffs are now seeking compensation for these broader societal impacts, arguing that food companies should be held accountable for their role in driving up healthcare costs.

Expanded Section: The Future of UPF Litigation

As the litigation progresses, several key trends are emerging:

1. Increased Scrutiny of Food Labels: Plaintiffs are challenging the accuracy of food labels, arguing that terms like “natural” and “healthy” are misleading when applied to UPFs.
2. Class Action Lawsuits: With thousands of potential plaintiffs, class action lawsuits are becoming more common, particularly in cases involving childhood obesity.
3. Regulatory Changes: The FDA is under pressure to update its guidelines on food labeling and marketing, which could strengthen plaintiffs’ cases.

What Mass Tort Lawyers Need to Know

For mass tort lawyers, the ultra-processed foods litigation presents both challenges and opportunities. Here’s what you need to know:

1. Scientific Evidence: Stay updated on the latest research linking UPFs to health issues. Studies from reputable journals like JAMA, The BMJ, and Cell Metabolism will be critical in building strong cases.
2. Regulatory Landscape: Familiarize yourself with FDA regulations and how they apply to food labeling and marketing.
3. Plaintiff Profiles: Focus on plaintiffs who have suffered significant health impacts, such as obesity, diabetes, or NAFLD, particularly if they began consuming UPFs at a young age.
4. Settlement Potential: With high-profile media attention and mounting evidence, settlements could be substantial. Be prepared to negotiate aggressively on behalf of your clients.

Conclusion

The ultra-processed foods litigation is poised to become one of the most significant mass tort battles of the decade. As scientific evidence continues to mount and public awareness grows, food manufacturers are facing unprecedented legal scrutiny.

For mass tort lawyers, this is a pivotal moment. By staying informed, leveraging the latest research, and advocating fiercely for plaintiffs, you can play a crucial role in holding these companies accountable and securing justice for those harmed by ultra-processed foods.

Sources:

• JAMA: Link to study on childhood obesity and UPFs
• The BMJ: Link to study on UPFs and heart disease
• Cell Metabolism: Link to study on UPFs and calorie intake
• Harvard Health Publishing: Link to article on processed foods
• The Washington Post: Link to article on NAFLD in children

Stay tuned for further updates as this litigation unfolds.