Global food and drink giants including Mondelēz International and Kraft Heinz are accused in a Pennsylvania lawsuit of purposefully designing and manufacturing addictive ultra-processed foods, using tactics akin to tobacco companies to do so.
However, the sector has hit back with a severe rejection of the accusations, arguing the industry operates lawfully and safely.
UPFs are deliberately targeted at children and are causing “chronic disease”, the lawsuit, filed by law firm Morgan & Morgan in the Philadelphia Court of Common Pleas on behalf of plaintiff Bryce Martinez, claims.
Martinez developed type 2 diabetes and non-alcoholic fatty liver disease by age 16 as a result of UPFs, the lawsuit alleges.
It alleges actions some food businesses take to entice consumers to buy their products, including extensive research on the biology and neurology of addiction.
Other groups, including US law firm, Hillard Law, are calling on consumers to come forward if “ultra-processed foods have harmed your family”.
UPFs: are they good or bad for health?
Research suggesting UPFs are linked to the increased risk of disease are cited in the lawsuit. This includes cancer, cardiovascular disease, irritable bowel syndrome and even dementia.
At a recent Health, Education, Labor and Pensions Senate Committee, chair Bernie Sanders argued the food and drink sector had “for decades been allowed to make huge profits by enticing children and adults to consume ultra-processed food and beverages loaded with sugar, salt and saturated fat”.
Companies named in the lawsuit:
- Kraft Heinz Company Inc
- Mondelez International Inc
- The Coca-Cola Company
- Pepsico Inc
- General Mills Inc
- Nestle USA Inc
- Kellanova
- WK Kellogg Co.
- Mars Incorporated Inc
- Congara Brands Inc
- Post Holdings, Inc
It wasn’t accidental that consumers and especially children were suffering, Sanders continued, saying billions were spent on advertising to “push these unhealthy products onto American consumers”.
Children were now suffering diseases that were once “largely confined to elderly alcoholics”, the lawsuit states.
Food and drink makers included in the lawsuit allegedly use the “tobacco industry’s playbook” when developing products, a Morgan & Morgan representative says. The complaint also claims certain companies’ close links to the tobacco industry, including Philip Morris’s previous ownership of Kraft and General Foods.
“The story of ultra-processed foods is an egregious example of companies prioritizing profits over the health and safety of the people who buy their products,” says Morgan & Morgan partner Mike Morgan.
“The consequences of these companies’ alleged actions have allegedly harmed thousands of children and families. Executives at the defendant companies have allegedly known for at least a quarter-century that ultra-processed foods would contribute to illnesses in children, but these companies allegedly ignored the public health risks in pursuit of profits.”
Response of the industry
The industry has since lashed back, calling out its high food safety standards and care for consumer health.
“Food safety and protecting the integrity of the food supply is priority number one for food and beverage manufacturers,” says Sarah Gallo, senior vice president of product policy for the industry group Consumer Brands Association.
“Companies adhere to the rigorous evidence-based safety standards established by the FDA to deliver safe, affordable and convenient products that consumers depend on every day,” she adds.
Consumers deserve facts “based on sound science in order to make the best choices for their health”, continues Gallo.
There was currently no agreed scientific definition of ultra-processed foods, she points out, saying attempts 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”.
The Consumer Brands Association “fully supports” providing consumers with choice in making dietary decisions, adds Gallo, and brands are continuously innovating to meet these needs.
Mondelēz International and Conagra Brands declined to comment on the lawsuit.
Kraft Heinz Company, The Coca-Cola Company, Kellanova, Post Holdings, General Mills, PepsiCo, Mars Incorporated, WK Kellogg Co, and Nestlé USA were all approached for comment.