A recent lawsuit filed in the Philadelphia Court of Common Pleas accuses several major food companies of designing and marketing “ultra-processed” foods to be addictive to children, leading to chronic diseases. The lawsuit was filed by Bryce Martinez, a Pennsylvania resident who alleges he developed type 2 diabetes and non-alcoholic fatty liver disease at age 16 as a result of consuming the companies’ products. The companies being sued include Kraft Heinz, Mondelez, Coca-Cola, Post Holdings, PepsiCo, General Mills, Nestle’s US arm, WK Kellogg, Mars, Kellanova, and Conagra.
Martinez’s lawyers at the firm Morgan & Morgan described the case as the first of its kind. Sarah Gallo, senior vice president of product policy for the Consumer Brands Association, an industry group representing food and beverage makers, stated, “There is currently no agreed-upon scientific definition of ultra-processed foods. Attempting to classify foods as unhealthy simply because they are processed, or demonizing food by ignoring its full nutrient content, misleads consumers and exacerbates health disparities.”
Evidence has grown in recent years linking highly processed foods to a wide range of chronic health problems.
Ultra-processed foods include many packaged snack foods, sweets, and soft drinks made with substances extracted from whole foods or synthesized artificially. Current U.S. Food and Drug Administration Commissioner Robert Califf has said that ultra-processed foods are likely addictive. The lawsuit claims that the food companies have long known their products are harmful and have deliberately engineered them to be as addictive as possible.
It argues that they are drawing from the same “cigarette playbook” as tobacco giants Philip Morris and R.J. Reynolds, which for a time owned the companies that became Kraft Heinz and Mondelez. The lawsuit includes claims for conspiracy, negligence, fraudulent misrepresentation, and unfair business practices, seeking an unspecified amount of compensatory and punitive damages. This lawsuit raises the question of whether a similar case could occur in Europe.
European and US food labeling and advertising laws differ significantly, with enforcement in Europe mainly carried out by regulators acting on behalf of consumers.
Teen sues over addictive junk food
Individual claims are generally less common than in the US.
However, following the ‘dieselgate’ scandal involving Volkswagen, the European Union introduced changes aimed at shifting power away from regulators. The Representative Actions Directive, which came into force last year, aims to facilitate lawsuits by consumers against companies for harm caused to them. As of the end of 2024, not all member states have transposed the directive, but it marks a significant shift in EU consumer protection.
The directive makes consumer lawsuits more likely within the context of EU law, but it is not designed to make it easy. Many of the allegations in the Morgan & Morgan lawsuit, such as fraud and negligence, already exist in EU law, implying that similar lawsuits could theoretically be brought forward in the future. Nonetheless, there are complexities, such as the lack of a legal definition for ‘ultra-processed food’ in Europe, which could act as a barrier for future lawsuits.
Medical expert Dr. Nicole Saphier emphasized that the issue of ultra-processed foods is much larger than simply combating the big food industry. She advocated for a comprehensive approach involving various stakeholders, including policymakers, healthcare providers, and parents, to create a healthier food environment for children.
Dr. Saphier pointed out that ultra-processed foods are linked to various health issues, such as obesity, diabetes, and heart disease, which are prevalent in children who frequently consume such products. She concluded by advocating for stronger regulations and better educational initiatives to inform both parents and children about the harms of ultra-processed foods and to promote healthier eating habits.
As this issue continues to evolve, it remains to be seen whether the groundwork laid by these legislative changes will lead to significant legal actions against food manufacturers in Europe for their role in producing ultra-processed foods.
