Ultra-Processed Food Lawsuits: Holding Junk Food Companies Accountable for Our Health

A growing body of research suggests that many packaged foods lining grocery store shelves, known as ultra-processed foods (UPFs), may seriously harm our health. 

UPFs are industrially formulated food products engineered to be irresistible and easy to overeat. They're loaded with added sugars, unhealthy fats, synthetic additives, and very little in the way of whole-food ingredients.

A wave of new lawsuits argues that soaring rates of diet-related chronic diseases, especially among young people, is no coincidence. 

The complaints allege that major food corporations deliberately engineered their products to be addictive and sold UPFs to kids aggressively while concealing their serious health risks. 

The question today is whether UPF litigation could force the food industry to clean up its act. 

What Are Ultra-Processed Foods?

The term "ultra-processed food" was coined by a team of Brazilian nutrition researchers who classified consumer food into groups according to the extent and purpose of industrial processing. 

• Group 1: Unprocessed or minimally processed foods. Think whole fruits, vegetables, grains, legumes, meat, seafood, eggs, and milk.
• Group 2: Processed culinary ingredients. These are oils, fats, sugars, and salts used in kitchens to season and cook Group 1 foods.
• Group 3: Processed foods. Canned vegetables, cured meats, cheeses, and freshly made breads fall into this category. They're made by adding Group 2 ingredients to Group 1 foods
• Group 4: Ultra-processed foods. These are the industrial formulations that everyone is concerned about.

Group Four Defined

Food companies manufacture UPFs from refined starch, added sugars, hydrogenated fats, and cosmetic additives like flavors, colors, and emulsifiers. 

Compared to whole or minimally processed foods, UPFs are:

• Higher in unhealthy types of fat
• Higher in added sugar
• Higher in sodium
• Lower in protein
• Lower in fiber and essential vitamins and minerals

UPF Examples

Common ultra-processed foods include:

• Sugary beverages like soda, energy drinks, and sweetened iced teas.
• Sweet and savory packaged snacks like chips, cookies, candies, and pastries.
• Reconstituted meat products such as hot dogs, chicken nuggets, and fish sticks.
• Sweetened breakfast cereals.
• Packaged instant meals like soups, noodles, frozen dinners, and pizza.
• Margarine and other ultra-processed spreads.
• Industrially packaged breads and buns.
• Flavored yogurts and dairy drinks with added sugars.

Food manufacturers have allegedly poured billions into processing and formulation technology to engineer "hyper-palatable" products that bypass our natural satiety mechanisms.

These products bear little resemblance to anything found in nature. And according to the lawsuits, this happens by design.

Health Risks of Consuming UPFs

Over the past 20 years, scientists have produced compelling evidence showing that ultra-processed diets are making us sick. 

High-risk disease

Recent nutrition studies from the National Institutes of Health (NIH) revealed that higher intake of UPFs is associated with increased risks of:

• Overweight and obesity
• Type 2 diabetes
• Heart disease
• Stroke
• High blood pressure
• Certain cancers
• Depression and other mental health disorders
• Non-alcoholic fatty liver disease
• Overall mortality

Effects on kids

Later statistics from the NIH on UPF consumption and disease risk are even more sobering, especially when it comes to children in the US.

• UPFs account for a whopping 67% of calories in the diets of children and adolescents.
• Childhood obesity has more than tripled in the past 50 years - today, 1 in 5 American children are obese.
• Type 2 diabetes, once called "adult-onset diabetes," now increasingly affects teens and even younger children.
• The number of kids and young adults with fatty liver disease has more than doubled since the year 2000.

UPF Engineering Allegations 

According to the lawsuits, typical UPF formulation maximizes palatability (the sensory reward we get from taste, texture, and smell) while minimizing satiety (the feeling of fullness that tells us to stop eating) by:

• Loading products with fat, sugar, and/or salt to amplify cravings.
• Using flavor enhancers and cosmetic additives to increase consumption.
• Deploying "vanishing calorie density" (ingredients that melt in your mouth) to encourage faster eating.
• Stripping out filling nutrients like protein and fiber that helps regulate appetite.
• Including synthetically modified fats that may disrupt metabolism and hormone signaling.

The result is a perfectly addictive food-like substance optimized for overconsumption. 

UPFs Addictive Substances Claims  

If you've ever found yourself plowing cookies or making midnight runs for drive-thru french fries, you might have suspected what the lawsuits are contending: Certain ultra-processed foods can be addictive.

Reward response 

Groundbreaking studies using brain imaging and other techniques have revealed that UPFs elicit reward responses and cravings that are eerily similar to those triggered by drugs of abuse like cocaine. 

Controlled substance addiction similarities 

Other striking parallels between UPF and drug addiction include:

• Intense cravings and desires that override other basic needs.
• Using more of the substance than intended, often in a short time.
• Repeatedly trying and failing to cut back on consumption.
• Giving up important work, social, or recreational activities to use the substance.
• Continuing to use the substance despite physical or psychological harm.

More on the Lawsuits Taking on Big Food

Fed up with the processed food industry's trail of destruction, a coalition of consumers, doctors, and public health groups have filed lawsuits seeking to hold major manufacturers accountable for the health harms they caused. 

The complaints name some of the most prominent players in the business, including:

• Coca-Cola
• PepsiCo
• General Mills
• Kellogg's
• Kraft Heinz
• ConAgra
• Nestle
• Mars

What the plaintiffs are saying

The lawsuits center on four key allegations against these companies.

• Defendants knew or should have known their products were unreasonably dangerous and addictive.
• Defendants concealed damaging internal research on the health effects of their products.
• Defendants engaged in a conspiracy to deceive consumers and regulators about these risks.
• Defendants violated racketeering and consumer protection laws in the service of maximizing profits.

So what happens if the ultra-processed food lawsuits succeed? 

The short answer is, potentially, a lot. Judgements against Big Food could kick off a cascade of reforms aimed at building a healthier, more equitable food system, such as:

• Mandatory pre-market safety testing for new additives and formulations.
• Restrictions on junk food marketing to children under 18.
• Taxes on sugary drinks and other ultra-processed products.
• Prominent warning labels about the health risks of UPFs.
• Stringent limits on ultra-processed ingredients in school meals.
• Renewed investments in nutrition research and education.

However, the ultra-processed food industry will not go down without a fight.

The defendants are some of the world's largest and most profitable companies, with unlimited resources for lobbying, public relations, and legal defense.

But if the history of tobacco litigation has taught us anything, it's that sometimes, the truth is too powerful to suppress forever.