Case Info
Ultra Processed Foods Manufacturer Harm to Children Lawsuit
Major food manufacturers, including Kraft Heinz, Mondelez, Post Holdings, Coca-Cola, PepsiCo, General Mills, Nestle, Kellanova, WK Kellogg Co, Mars, and ConAgra, are facing lawsuits for deliberately engineering addictive ultra-processed foods (UPFs) and targeting children with deceptive marketing. Studies have shown that ultra-processed foods significantly increase risks of Type 2 Diabetes, Non-Alcoholic Fatty Liver Disease, and other serious chronic illnesses, particularly in children.
What are Ultra Processed Foods?
UPFs are industrially produced food products that are engineered to be overconsumed, addictive, and irresistible. They consist of former foods that have been fractioned into substances, chemically modified, combined with additives, and then reassembled using industrial techniques such as molding, extrusion, and pressurization. They are inventions of modern industrial technology and contain little to no whole food.
UPF first began appearing in the 1980s as Big Tobacco companies acquired food companies. Ultra-processed foods are exceedingly common in the American diet, making up nearly 73% of the U.S. food supply and accounting for 67% of the average child’s daily intake.
There are no requirements for UPF companies to submit safety information or subject chemicals to independent testing and review before introducing them into our food supply. UPF companies can introduce new chemicals or use chemicals in new ways without disclosing critical safety information.
Examples of UPF produced by the defendants include:
- Kraft Heinz products (Kraft, Heinz, Oscar-Meyer, Capri Sun)
- Mondelez products (Nabisco, Oreo, Ritz, Chips Ahoy!)
- Post Holdings products (Honey Bunches of Oats, Pebbles)
- Coca-Cola beverages
- PepsiCo products (Pepsi, Frito-Lay snacks, Gatorade)
- General Mills products (Cheerios, Lucky Charms, Betty Crocker)
- Nestle products (Hot Pockets, Stouffer’s, Toll House)
- Kellanova/WK Kellogg products (Frosted Flakes, Pop-Tarts)
- Mars products (M&M’s, Snickers, Starburst)
- ConAgra products (Slim Jim, Chef Boyardee)
Why are UPFs harmful?
Ultra-processed foods have been linked to numerous serious health conditions through scientific studies, including the surging rates of Type 2 Diabetes and Non-Alcoholic Fatty Liver Disease among children and adolescents.
These health risks occur independently of the nutritional content of UPFs. The risks are caused by the method of ultra-processing and cannot be avoided by choosing “healthier” versions of the same product with less fat, sugar, or salt.
What does science say about UPFs?
Using the same research techniques as Big Tobacco, food, snack, and beverage manufacturers use knowledge of physiological functions to hack the human brain and formulate UPF products to evade children’s mechanisms for controlling intake. Extensive scientific research has demonstrated that ultra-processed foods meet all scientific criteria used to determine whether tobacco products are addictive. Studies show that UPFs trigger similar reward-related neural responses as addictive substances like cocaine and cigarettes, activating the same neural circuits and dopamine pathways in the brain.
Alarmingly, research indicates that 14-20% of adults and 12-15% of children are now addicted to UPFs. This unprecedented level of addiction in children has contributed to a dramatic rise in chronic illnesses that were previously unheard of in youth.
Numerous high-quality human studies have demonstrated that UPFs significantlyincrease the risks of obesity, Type 2 Diabetes, non-alcoholic fatty liver disease, cancers, cardiovascular disease, cerebrovascular disease, irritable bowel disease, dementia, mental health outcomes, mortality, and other serious chronic illnesses. Ultra-processing techniques have also been linked to the formation of endocrine disruptors and exposure to endocrine disrupting compounds.
How are UPFs marketed?
Major food manufacturers deliberately targeted children with aggressive marketing campaigns —including vivid packaging, health claims, establishment of franchised outlets, campaigns using social, electronic, broadcast and print media, including to children and in schools— while being fully aware of the severe health consequences of their products. The UPF industry has spent over $2 billion annually marketing to children. They have disproportionately targeted minority communities with their marketing efforts, adopting many of the same tactics previously used by the tobacco industry.
In a secret meeting in 1999, industry executives were explicitly warned about the devastating public health impact of their products, particularly on children, but chose to deny responsibility and deflect blame while continuing to produce harmful UPFs and market these products aggressively to youth.
UPF Manufacturers Face Lawsuits
People who have developed Type 2 Diabetes, Non-Alcoholic Fatty Liver Disease, or other serious health conditions after regular consumption of ultra-processed foods may be eligible for compensation.