Processed Food Childhood Diabetes Lawsuits

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.

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)

NAFLD is characterized by the accumulation of fat in the liver, which can progress to inflammation, scarring, and liver failure in severe cases. It is increasingly diagnosed in children, often in connection with diets high in added sugars and unhealthy fats. Symptoms of NAFLD may include:

Abdominal Pain: Often localized in the upper right side.
Fatigue: Persistent tiredness due to impaired liver function.
Elevated Liver Enzymes: Detected through routine blood tests.

If left untreated, NAFLD can progress to non-alcoholic steatohepatitis (NASH), fibrosis, or cirrhosis, significantly increasing the risk of liver cancer or failure. Early intervention through diet and lifestyle changes is critical to managing the condition.

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.

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.