Why a Landmark Ultra-Processed Foods Lawsuit Won’t Move Forward
The future of ultra-processed food lawsuits, once thought to be a major litigation, is now in doubt.
On Monday, a federal judge dismissed a landmark lawsuit serving in part as a test case for many other cases to be filed, depending on its success.
That lawsuit claimed that Bryce Martinez developed Type 2 diabetes and fatty liver disease at 16 years old from eating ultra-processed foods (UPFs). A central point of the case was the claim that companies like Kraft Heinz and Coca-Cola intentionally designed their products to be addictive and targeted children through aggressive marketing.
Despite growing research in recent years on the potentially harmful impacts of these foods, the lawsuit was unable to move forward.
Why the Ultra-Processed Foods Lawsuit Was Dismissed
The UPF lawsuit, which was filed in December, likened the alleged tactics used by ultra-processed foods makers to those once attributed to the tobacco industry.
But Judge Mia Roberts Perez based her decision to dismiss the lawsuit not on claims that companies used intentionally addictive marketing strategies, but because a link had not been made between these foods and Martinez’s illnesses.
“Even putting aside the reality that these diseases have a multitude of causes, there are simply not enough facts to suggest that Defendants’ products caused Plaintiff’s harm,” Judge Perez said in her dismissal.
Another factor that worked against the lawsuit was the sheer number of UPF manufacturers listed as defendants, making it more difficult to pin down what ingredient or product could have caused negative outcomes.
Judge Perez pointed to the complaint, stating that Martinez consumed products from the Old El Paso brand.
“But the brand includes at least 111 different products, ranging from refried beans to corn and flour tortillas,” she said in the dismissal. “Each product has different ingredients and manufacturing processes, and it is unclear which product(s) Plaintiff consumed.”
Could Other Ultra-Processed Food Lawsuits Have More Success?
While the dismissal is a blow to other UPF cases that could have built on similar arguments, it doesn’t mean the litigation is over.
Lawyers continue to investigate and accept new lawsuits for children who developed conditions like obesity or Type 2 diabetes after eating UPFs.
Even in her dismissal of the landmark case, Judge Perez noted the potentially serious consequences that UPFs may have for children.
“The Court is deeply concerned about the practices used to create and market UPFs, and the deleterious effect UPFs have on children and the American diet,” she said in the dismissal order.
Research on the health effects of these foods also continues to expand. A 2024 analysis published in the BMJ, for example, linked dozens of conditions to UPFs, ranging from cancer to mental health issues.