One piece of future litigation that is interesting is processed food childhood diabetes lawsuits. Our law firm is not currently handling lawsuits regarding childhood type 2 diabetes and non-alcoholic fatty liver disease linked to ultra-processed foods. But the prospect of future litigation is interesting and worth talking about.
Ulta-Processed Food Diabetes Lawsuit Updates
This litigation is moving forward quite quickly. Here is the latest news and updates:
February 4, 2025 – Another New Study
The emerging ultra-processed food litigation coincides with a wave of new research highlighting the health risks of these products. A landmark study published in JAMA examined the link between ultra-processed food consumption and obesity.
Part of the CHILD Cohort Study, the research followed 2,217 children and found that ultra-processed foods accounted for nearly half of their daily energy intake. The study revealed that higher ultra-processed food consumption at age 3 was associated with increased BMI, waist-to-height ratio, and skinfold thickness by age 5, particularly in boys. Notably, every 10% increase in ultra-processed food intake was linked to higher adiposity markers and a 19% greater likelihood of overweight or obesity in boys.
This research could have major implications for ultra-processed food-related lawsuits, particularly those targeting food manufacturers and marketers for their role in childhood obesity and related health conditions. The study provides strong longitudinal evidence linking ultra-processed food consumption to obesity, especially in males, reinforcing plaintiffs’ arguments in litigation. Lawyers will leverage these findings to demonstrate that food companies knowingly marketed and sold products that contributed to obesity, a preventable condition with serious long-term consequences. This growing body of evidence will certainly strengthen claims of corporate negligence, further fueling these new legal actions against ultra-processed food manufacturers.
January 31, 2025 – New Study
January 24, 2025: Removal of New Processed Food Lawsuit to Federal Court
Kraft Heinz has filed a Notice of Removal to transfer the new ultra-processed food lawsuit—that we talk about in the December 11, 2024 update below—from the Court of Common Pleas of Philadelphia County to the U.S. District Court for the Eastern District of Pennsylvania. The removal is based on diversity jurisdiction, as the plaintiff is a Pennsylvania resident, while all corporate defendants are said to have incorporated or have their principal places of business in other states.
Wait what? Who associates Kraft Heinz with Illinois? The defendants argue that Kraft Heinz, despite listing Pittsburgh, PA as its “principal executive office” in SEC filings, has its true corporate nerve center in Illinois, where key executives operate. But Kraft Heinz’s removal strategy will likely be seen as a transparent attempt to manipulate jurisdictional rules in its favor, using a technical reading of corporate residency to escape a more plaintiff-friendly state court. While the company claims Illinois as its “nerve center,” it continues to publicly identify Pittsburgh as its headquarters, creating an inconsistency that should fatally undermine its removal argument.
January 22, 2025: Hopkins Study
December 11, 2024: New Ultra-Processed Food Lawsuit Filed in Philadelphia
The 16-year-old plaintiff was diagnosed with Type 2 diabetes and non-alcoholic fatty liver disease—conditions that, according to the complaint, were rare in children before the proliferation of UPF. The lawsuit contends that Martinez’s chronic consumption of UPF—including products from Kraft Heinz, Mondelez, Post Holdings, General Mills, Coca-Cola, Mars, and other major brands—was directly caused by the corporations’ deceptive marketing tactics, which aggressively targeted children.
The complaint cites international health organizations’ findings that UPFs contribute to chronic illnesses, and alleges that the food industry, despite knowing these risks, has engaged in tactics similar to Big Tobacco, including misleading advertising, scientific obfuscation, and lobbying efforts to block regulation. The lawsuit also details a 1999 meeting in which executives from major food companies, including some defendants, purportedly dismissed internal warnings about UPF’s health risks.
The lawsuit seeks compensatory and punitive damages, alleging negligence, failure to warn, fraudulent misrepresentation, and conspiracy. The plaintiff, who now faces lifelong health complications, claims that the defendants’ actions have caused diminished life expectancy, reduced social and economic prospects, and ongoing medical issues.
A Growing Public Health Crisis
Over the past few decades, ultra-processed foods (UPFs) have taken over the American diet, particularly for children. Recent research estimates that 14% of adults and 15% of youths globally suffer from UPF addiction, underscoring its prevalence and societal impact. These mass-produced, heavily marketed products are convenient and inexpensive, but their health consequences are severe. Not only do these foods contribute to the rising rates of childhood obesity, type 2 diabetes, and non-alcoholic fatty liver disease (NAFLD), but studies also reveal they disproportionately affect vulnerable populations, including persons of color and individuals experiencing food insecurity.
Emerging evidence indicates that UPF addiction involves altered brain-gut-microbiome functioning and can lead to withdrawal-like symptoms, further complicating efforts to manage weight and improve health outcomes. This growing body of research highlights the need for targeted interventions and legal accountability as families grapple with the consequences of these addictive, harmful products.
These mass-produced, heavily marketed products are convenient and inexpensive, but their health consequences are severe. Rising rates of childhood obesity, type 2 diabetes, and non-alcoholic fatty liver disease (NAFLD) have reached epidemic levels, raising questions about the accountability of food manufacturers in this crisis. Both type 2 diabetes and NAFLD, once rare in children, are now being diagnosed at alarming rates. These conditions carry lifelong health implications, including the risk of heart disease, kidney damage, and liver failure. Families affected by these diagnoses are beginning to explore legal action against the companies that have profited from ultra-processed foods while allegedly downplaying their risks.
What Are Ultra-Processed Foods?
Ultra-processed foods are industrial creations designed for convenience and mass consumption. Unlike whole or minimally processed foods, UPFs are manufactured using ingredients extracted from foods or synthesized through chemical processes. These ingredients are often combined with artificial additives to create products that are hyper-palatable and addictive.
Common ultra-processed foods include sugary cereals, soda and sweetened beverages, packaged snack cakes and cookies, frozen meals and pizzas, instant noodles, and processed meats like hot dogs and chicken nuggets. These products are loaded with sugars, unhealthy fats, and preservatives, all of which contribute to poor health outcomes. Despite their risks, they are marketed as convenient, affordable, and family-friendly options, often targeting children directly.
There is no question that children are the targets for these products. The U.S. food and beverage industry spends about $14 billion annually on marketing unhealthy products, with $2 billion targeting children. The vast majority of food advertisements targeted at children promote high-calorie, low-nutrient foods, such as sugary cereals, sweetened beverages, and processed snacks. Healthier foods like whole grains, fruits, and vegetables are significantly underrepresented.
The Food Industry’s Role in the Crisis
The food industry has faced growing scrutiny for its role in promoting ultra-processed foods. Major manufacturers like Coca-Cola, PepsiCo, Nestlé, General Mills, and Kellogg’s have been accused of using aggressive marketing tactics to encourage the consumption of their products, even as evidence of their health risks mounts. Other key players in the processed food industry include Mars, Inc., Conagra Brands, Danone, Mondelez International, Post Holdings, Unilever, The Kraft Heinz Company, Campbell Soup Company, Tyson Foods, and Hormel Foods.
Some of these companies have ties to Big Tobacco. For example, RJ Reynolds and Philip Morris, companies once associated with the cigarette industry, have acquired food brands and allegedly applied similar tactics to create addictive food products. This includes the use of artificial sweeteners, high fructose corn syrup, and flavor enhancers that make ultra-processed foods difficult to resist.
Health Consequences for Children
The rise in childhood type 2 diabetes and NAFLD is directly linked to increased consumption of ultra-processed foods. These conditions not only affect children’s quality of life but also set the stage for long-term health challenges.
Type 2 Diabetes
Type 2 diabetes, once rare in children, has become more common due to rising rates of childhood obesity and unhealthy diets. This condition develops when the body becomes resistant to insulin, leading to high blood sugar levels. Symptoms in children include persistent fatigue, excessive thirst, frequent urination, and blurred vision. Over time, type 2 diabetes can result in serious complications such as:
- Heart Disease: Increased risk of heart attacks and cardiovascular issues.
- Nerve Damage (Neuropathy): Pain or numbness, especially in extremities.
- Kidney Failure: Progressive damage requiring medical intervention.
Managing type 2 diabetes in children typically involves lifelong dietary adjustments, regular blood sugar monitoring, and, in some cases, medications. The condition poses both a physical and emotional strain on children and their families.
Non-Alcoholic Fatty Liver Disease (NAFLD) and Its Connection to Ultra-Processed Foods
Non-Alcoholic Fatty Liver Disease (NAFLD) is a growing public health concern, marked by the accumulation of fat in the liver that can lead to inflammation, scarring, and, in severe cases, liver failure. While historically associated with adults, NAFLD is increasingly diagnosed in children, largely due to the rise in ultra-processed food (UPF) consumption. Diets high in added sugars, refined carbohydrates, and unhealthy fats—common ingredients in processed foods—are strongly linked to the development and progression of NAFLD. The liver, responsible for metabolizing excess sugars and fats, becomes overwhelmed when exposed to high-fructose corn syrup, trans fats, and artificial additives, leading to insulin resistance and fat accumulation.
NAFLD is often silent in its early stages. So many parents do not connect the dots right away. The main fatty liver disease symptoms are:
- Abdominal Pain: Often localized in the upper right quadrant, where the liver is located.
- Fatigue: Persistent tiredness due to impaired liver function and increased inflammation.
- Elevated Liver Enzymes: Often detected through routine blood tests, signaling liver stress or damage.
Without intervention, fatty liver disease can progress to non-alcoholic steatohepatitis (NASH), which involves liver inflammation and cell damage. This, in turn, can lead to fibrosis (scarring), cirrhosis (severe liver damage), and even liver cancer. NAFLD is also associated with an increased risk of type 2 diabetes, cardiovascular disease, and metabolic syndrome, further underscoring its systemic impact.
The rise of ultra-processed foods (UPFs) is a key driver of NAFLD, particularly in children and young adults. These foods—characterized by their artificial ingredients, preservatives, and high sugar and fat content—are designed to be hyper-palatable, leading to overconsumption and metabolic dysfunction. Some of the worst offenders contributing to NAFLD include:
- Sugar-Sweetened Beverages (SSBs): Sodas, fruit punches, and sports drinks loaded with very high-fructose corn syrup contribute to insulin resistance and liver fat buildup.
- Packaged Snack Foods: Chips, cookies, and crackers often contain trans fats and refined carbohydrates, both of which promote fatty liver development.
- Fast Food and Fried Foods: Highly processed meats, fried chicken, and French fries contain unhealthy fats and advanced glycation end products (AGEs), which worsen liver inflammation.
- Processed Meats and Ready-to-Eat Meals: Bacon, sausages, and frozen dinners often contain nitrites and preservatives that stress the liver.
The Processed Food Industry: Key Players
Major corporations dominate the ultra-processed food market, producing products that are marketed aggressively to children and families. Many of these companies face criticism for prioritizing profit over public health.
Top processed food manufacturers include:
- Coca-Cola
- PepsiCo
- Nestlé
- General Mills
- Kellogg’s
- Mars, Inc.
- Conagra Brands
- Danone
- Mondelez International
- Post Holdings
- Unilever
- The Kraft Heinz Company
- Campbell Soup Company
- McDonald’s Corporation (pre-packaged, ultra-processed ingredients in menu items)
- Tyson Foods (processed chicken nuggets, frozen foods)
- Hormel Foods (processed meats and canned goods)
These corporations create a wide array of products, from sugary cereals and snack foods to frozen meals and beverages. The emphasis on convenience and taste often masks the serious health risks posed by these products.
Could Manufacturers Be Held Accountable?
The potential for litigation against ultra-processed food manufacturers stems from allegations that these companies knowingly prioritized profit over public health. Key points of concern include the use of artificial ingredients and additives to create addictive products, deceptive marketing practices targeting children and families, and failure to disclose the full health risks of their products. Similar to tobacco and opioid lawsuits, processed food litigation has the potential to play a society-changing role in holding these companies accountable and driving industry reform that saves lives.
Ultra-Processed Food (UPF) & Health Concerns Timeline
Bryce Martinez v. Major UPF Manufacturers
December 10, 2024
Plaintiff: Sixteen-year-old sues Kraft Heinz, General Mills, Coca-Cola, and other in Philadelphia. Says UPFs caused his Type 2 diabetes and non-alcoholic fatty liver disease (NAFLD), accusing companies of knowingly marketing harmful UPFs to children and engineering foods to be addictive.
FDA Acknowledges the Risks of UPFs
December 5, 2024
FDA Commissioner Dr. Robert Califf testifies before Congress that UPFs are “probably addictive” and affect brain pathways similar to opioid addiction.
The Consumer Federation of America and public health groups call for warning labels and stricter regulations on UPFs.
Food Industry’s Political Influence Becomes Clear
2023
Reports reveal that UPF companies spent $106 million on political lobbying in the U.S., more than double the combined spending of the tobacco and alcohol industries. Tobacco comparision are everywhere.
The Lancet links sugar-sweetened beverages and UPFs to obesity and metabolic diseases.
Scientific Studies Confirm the Harm of UPFs
2020
Current Addiction Reports finds that UPF marketing manipulates adolescent brain chemistry, similar to addictive substances.
Mounting Scientific Evidence Against UPFs
2010s
Research from WHO, FAO, and national health agencies confirm that UPFs contribute to obesity, diabetes, and cardiovascular disease.
Governments in Brazil, France, Israel, Canada, and Australia begin recommending warning labels and restrictions on UPF marketing.
Food Industry’s Defensive Strategies Begin
Early 2000s
UPF companies use Big Tobacco-style tactics to deflect blame, including funding biased research, lobbying against regulations, and emphasizing “personal responsibility.”
ALEC (American Legislative Exchange Council) lobbies for laws limiting lawsuits against food companies.
Secret Meeting of Food Industry CEOs
April 8, 1999
CEOs from Nestlé, Kraft, General Mills, Coca-Cola, Mars, and others allegedly meet in Minneapolis to discuss public health concerns over UPFs.
Warnings Ignored: Kraft VP Michael Mudd and Pillsbury CTO James Behnke warn that UPFs are fueling obesity and chronic diseases.
General Mills CEO Stephen Sanger is said to have dismisses the concerns, and the industry continues aggressive marketing of UPFs.
Health Risks of Processed Foods Begin to Surface
1990s
Studies link processed foods to obesity, diabetes, and metabolic disorders.
Childhood obesity rates surge in the U.S., fueling concerns about ultra-processed food consumption.
The Rise of Processed Foods
Mid-20th Century
The ndustrialization of food production leads to the mass marketing of processed and ultra-processed foods.
Companies add sugars, artificial flavors, and preservatives to enhance taste, increase shelf life, and maximize profit.
Tobacco Parallels Are Unmistakable
Ultra-processed food lawsuits draw striking parallels to the historic tobacco lawsuits, particularly in how industries knowingly engineered their products to exploit human addiction for profit. Just as tobacco companies developed cigarettes to maximize nicotine delivery and manipulated brain chemistry to create dependency, ultra-processed food manufacturers are accused of employing similar tactics. They have designed their products using advanced sensory and brain research—originally pioneered by Big Tobacco—to make UPFs hyper-palatable and addictive.
Both industries targeted vulnerable populations, including children and minorities, with aggressive marketing strategies, and prioritized profit over public health, despite clear evidence of the harms their products cause. The tobacco lawsuits revealed a pattern of internal acknowledgment of these dangers and a failure to act, a narrative echoed in the UPF litigation with allegations that companies knew for decades about the devastating health impacts of their products yet continued to engineer and market them.
Moreover, the legal arguments in both litigations rely on establishing that the products meet established criteria for addiction and that the industries engaged in deceptive practices to mislead the public. In the tobacco cases, the U.S. Surgeon General’s criteria for addiction—compulsive use, psychoactive effects, reinforcement, and cravings—were key to demonstrating the dangers of cigarettes.
Processed food lawsuits similarly seeks to show that these foods are not mere dietary choices but addictive substances designed to override natural satiety mechanisms and perpetuate overconsumption. Both cases highlight the broader societal consequences of unchecked corporate behavior, including epidemics of preventable diseases like lung cancer for tobacco and obesity, diabetes, and heart disease for ultra-processed food. By exposing the deliberate engineering and manipulation behind these products, this litigation, like the tobacco lawsuits, aims to hold companies accountable for the enormous human and public health costs they have imposed.
Are You or Your Child Eligible for Compensation?
If your child was diagnosed with type 2 diabetes or non-alcoholic fatty liver disease after regularly consuming ultra-processed foods, you may have grounds for legal action in the future. Although our law firm is not currently handling these cases, we are closely monitoring developments and may take on these lawsuits as the legal landscape evolves. In the meantime, families are encouraged to stay informed, consult with other legal professionals, and consider ways to protect their children’s health.
Steps Families Can Take
While litigation is one avenue for addressing the harm caused by ultra-processed foods, prevention is critical. Families can take proactive steps to reduce their reliance on these products and minimize the associated health risks. These steps include choosing whole, minimally processed foods such as fruits, vegetables, whole grains, and lean proteins; limiting sugary drinks and replacing them with water or unsweetened beverages; cooking meals at home to control ingredients and avoid hidden additives; and reading nutrition labels carefully to identify and avoid unhealthy ingredients like high fructose corn syrup and hydrogenated oils.
Educational resources like MyPlate.gov, the Harvard School of Public Health Nutrition Source, and the American Heart Association offer valuable guidance for improving eating habits and fostering healthier lifestyles.
Looking Ahead: The Role of Litigation in Public Health
Litigation against ultra-processed food manufacturers could mirror other successful public health lawsuits, such as those targeting the tobacco and opioid industries. These cases have demonstrated the power of legal action to uncover deceptive practices, drive accountability, and promote systemic change. Our lawyers have seen this in other mass tort litigation and history could repeat itself here. By holding corporations accountable for the harm caused by their products, families and advocates can help create a food industry that prioritizes health over profit.
The epidemic of childhood type 2 diabetes and NAFLD is a systemic issue that requires collective action. Parents, policymakers, lawyers, and public health advocates must work together to demand transparency from food manufacturers and ensure that future generations are not burdened with preventable health conditions.
We Are Not Currently Taking Processed Food Lawsuits
At this time, our firm is NOT currently seeking or accepting processed food diabetes lawsuits. But we likely will not be sitting on the sidelines for long.