A lawsuit filed in the US on Tuesday accuses major food companies of designing and marketing “ultra-processed” foods to be addictive to children, causing chronic disease. 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.
Sarah Gallo, senior vice president of product policy for the Consumer Brands Association, stated that there is currently no agreed-upon scientific definition of ultra-processed foods, and attempting to classify foods as unhealthy simply because they are processed misleads consumers and exacerbates health disparities. Evidence has grown in recent years linking highly processed foods to a wide range of chronic health problems. Food described as “ultra-processed” includes 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 stated that ultra-processed foods are likely addictive. Martinez’s lawsuit alleges that the food companies have long known their products are harmful and deliberately engineered them to be as addictive as possible, 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.
A similar lawsuit targeting several large food manufacturers in the US is leading to questions about whether such a lawsuit could occur in Europe. European and US food labeling and advertising laws differ, and individuals or groups legally pursuing company malpractice in Europe are less common than in the US. In the UK and Europe, enforcement is mainly done by regulators acting on behalf of consumers.
The recent Representative Actions Directive, which came into force last year, aims to facilitate consumer lawsuits against companies for harm to them.
Lawsuit targets addictive snack marketing
As of the end of 2024, not all member states have transposed the directive.
The directive will help consumers address wrongs in the past and achieve compensation, but the EU does not want to create a US-style system. Consumers must file such cases in partnership with a consumer organization or public body, which would handle much of the case on their behalf. Many of the allegations in the lawsuit, such as fraud and negligence, exist in EU law and some form in the law of member states so that similar lawsuits could be brought forward in the future.
However, ‘ultra-processed food’ does not have a legal definition in Europe, which could be a barrier for future lawsuits. Medical contributor Dr. Nicole Saphier weighed in on the lawsuit, emphasizing that the issues go far beyond just combating the big food industry. Dr.
Saphier noted that the focus should also be on education, access to healthy foods, and the overall lifestyle choices encouraged within communities. The ongoing lawsuit highlights concerns about the marketing tactics used by food companies to attract young consumers to unhealthy food options. Nutrition experts and health advocates argue that these tactics contribute to childhood obesity and a range of related health issues.
Dr. Saphier’s comments underscore the need for a multi-faceted approach to tackle the broader public health crisis, ensuring that healthier lifestyle choices are accessible and promoted throughout society. The discussion is particularly timely as society becomes increasingly aware of the health impacts of diet and nutrition and the integral role of personal choices and industry practices in shaping these outcomes.
