Ultra-Processed Foods Lawsuit
Ultra-processed food lawsuits claim the marketing of ultra-processed foods (UPFs) contributed to chronic diseases in children, such as Type 2 diabetes and fatty liver. The first lawsuit filed claimed food companies, including Kraft Heinz, Coca-Cola and Mondelez, intentionally designed these foods to be addictive.
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- Legally reviewed by Brian Ranger Wilson, Esquire
- Last update: November 20, 2025
- Est. Read Time: 8 min read
- Court:
- The first lawsuit against ultra-processed foods was filed in the U.S. District Court for the Eastern District of Pennsylvania.
- Latest Update:
- The first lawsuit against ultra-processed foods was dismissed. Attorneys are evaluating next steps in the case.
- Judge:
- The presiding judge is U.S. District Judge Mia Perez.
Why Are People Filing Ultra-Processed Foods (UPFs) Lawsuits?
A landmark lawsuit filed in December 2024 against several major companies claims that highly addictive ultra-processed foods (UPFs) led children to develop Type 2 diabetes or fatty liver disease.
According to Bryce Martinez’s ultra-processed foods lawsuit, companies purposefully designed ultra-processed foods to be addictive and marketed them heavily toward children. A judge went on to dismiss that case in August 2025, but did note that “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.”
Work is underway to potentially get that case reinstated if some of the issues that the judge called out are corrected.
Lawyers continue to investigate and accept new cases.
- Contributing to Chronic Disease in Children: Ultra-processed foods have been linked to a rise in Type 2 diabetes and non-alcoholic fatty liver disease in children.
- Marketing Aggressively to Children: Lawsuits say companies targeted children with ultra-processed food marketing campaigns that use popular entertainment characters, cartoons, toys and other strategies.
- Designing UPFs to be Addictive: Food companies used science and combined ingredients and additives to make these foods addictive.
Lawsuits claim the “prevalence of UPF addiction in children is ‘striking and unprecedented.’ Never in American history have so many children been hooked on an addictive substance. And there is a clear reason why: Defendants target children with their harmful UPF.”
Allegations vs. Court Findings
In August 2025, a judge dismissed Martinez’s lawsuit because there wasn’t enough information tying the Defendants and their UPFs to Martinez’s diagnoses of Type 2 diabetes and non-alcoholic fatty liver disease.
| Plaintiff’s Claims | Court Findings That Led to Dismissal |
|---|---|
| Food companies designed UPF foods to be addictive. | Martinez didn’t establish that consumption of UPFs from the named defendants led to his Type-2 diabetes and non-alcoholic fatty liver disease. |
| Defendants used predatory marketing claims for UPFs. | The plaintiff didn’t name the exact products he consumed. |
| Plaintiff Martinex developed Type-2 diabetes and non-fatty liver disease at age 16 after consuming UPFs made by Defendants. | Because Martinez didn’t name exact products, Defendants didn’t have sufficient notice of the claims against them. |
Expert and Medical Perspectives
What Are Ultra-Processed Foods (UPFs)?
According to the NOVA classification system, a scientific framework that categorizes food based on the extensiveness of processing, ultra-processed foods mainly consist of ingredients taken from other foods or manufactured in a factory, with few whole foods included.
The NOVA system was designed in 2009 by researchers at the University of São Paulo in Brazil. It divides foods into four categories based on how much processing they’ve undergone. It’s widely used by researchers, public health professionals and government policymakers. However, it is not recognized by the U.S. Department of Agriculture.
- Category 1: Unprocessed or Minimally Processed Foods
- Foods such as fresh fruits and vegetables, plain milk or dried beans that are kept as natural as possible without adding ingredients like sugar or salt to make them last longer or easier to cook.
- Category 2: Processed Culinary Ingredients
- Some ingredients, such as salt, sugar and vegetable oils, come from natural foods. They are commonly used in cooking and for adding flavor to dishes, but people usually don't eat them on their own.
- Category 3: Processed Foods
- Foods that have extra ingredients, like salt, sugar or oil, added to them to taste better or last longer. Examples include canned vegetables, cheese and bread. These foods typically have two or three ingredients.
- Category 4: Ultra-Processed Foods
- Ultra-processed food products usually contain five or more ingredients, often with extra flavoring or preservatives. These include packaged snacks, soft drinks and ready-to-eat meals. They are created for convenience and to taste good.
Examples of Ultra-Processed Foods
Ultra-processed foods include cereals, sodas, sweet and salty packaged snacks and more. They typically include ingredients not found in home cooking, like high-fructose corn syrup, hydrogenated oils and modified proteins. UPFs often contain additives such as artificial flavors, colors and emulsifiers to enhance taste and appearance.
“Because foods that are ultra-processed tend to be higher in fat, sugar and sodium content, these foods could lead to adverse health outcomes,” Dr. Kimberly Dong, a registered dietitian and associate professor at Tufts University School of Medicine, told Drugwatch. “Additionally, the additives that are in ultra-processed foods are used to bolster flavor and texture to increase the palatability of these foods, which makes increased consumption inevitable.”
- Canned, packaged, dehydrated and other instant soups
- Cola, soda and other carbonated soft drinks
- Energy and sports drinks
- Fatty, sweet, savory or salty packaged snacks
- Ice creams and frozen desserts
- Infant formulas and drinks
- Margarines and spreads
- Meal replacement shakes such as Slim Fast
- Packaged meat, fish, vegetables, breads and buns
- Sweetened juices
Health Evidence on UPFs
Ultra-processed foods are linked to serious health risks, including higher rates of type 2 diabetes, heart disease and dementia. They make up 53% of adult diets and about 62% of children’s calories, contributing to obesity and overconsumption due to their calorie density and lack of nutrients. The effects can be even worse for people experiencing food insecurity because of limited access to affordable, healthy foods.
Foods that are ultra-processed tend to be higher in fat, sugar, and sodium content, these foods could lead to adverse health outcomes, according to Dr. Kimberly Dong, a Registered Dietitian and Associate Professor at Tufts University School of Medicine.
“The additives that are in ultra-processed foods are used to bolster flavor and texture to increase the palatability of these foods, which makes increased consumption inevitable,” Dong told Drugwatch. “The issue is that ultra-processed foods generally lack nutrients that are attributable to health promotion and satiety, such as fiber, vitamins, minerals, and phytochemicals, and instead, ultra-processed foods increase glycemic response and leave people hungry, or with less satiety, and wanting to eat more.”
Dong adds that higher consumption of ultra-processed foods also tends to replace healthier foods from the diet, especially because ultra-processed foods are more convenient and affordable (both from price and longer shelf-life) than minimally processed foods.
- Data released by the CDC in 2025 found UPFs make up 53% of adult diets and about 62% of children’s diets.
- One 2024 BMJ study found more than 30 health conditions linked to UPF consumption.
- A 2023 Harvard study found that eating nine or more UPF servings daily increases depression risk by 50%.
- A 2022 JAMA study found that middle-aged people who ate the most UPFs experienced a 28% faster rate of cognitive decline.
Increased Risk of Chronic or Severe Diseases
A 2024 report in The British Medical Journal found more than 30 health conditions associated with consuming ultra-processed foods. It also found that eating or drinking UPFs increased the risk of dying from any cause.
- Breast cancer
- Cardiovascular disease
- Colorectal cancer
- Hypertension
- Mental health issues
- Nonalcoholic fatty liver disease
- Obesity
- Type II diabetes
Another study published in BMJ tracked more than 114,000 participants and found that people who consumed a lot of processed meats, sugary cereals and sweetened drinks were more likely to die prematurely.
- Participants who ate seven or more ultra-processed food servings daily had a slightly increased risk of early death.
- High consumption raised neurodegenerative disease death risk by 8%, but not cancer or heart disease.
- Processed meats, white bread, sugary cereals, chips and diet sodas had the biggest influence on overall health and mortality.
It’s important to note that most UPF studies show associations between UPFs and health issues, but they have not definitively said that UPFs actually cause these health problems.
Effects on Mental Health
Eating a lot of ultra-processed foods has been associated with problems like depression, memory loss and mental health problems. They may upset the balance of important chemicals in the brain, harm the good bacteria in our gut and interfere with how our brain feels pleasure. All of this can lead to worse mental well-being.
- In a 2023 study by Harvard researchers, published in JAMA Open Network, researchers found that eating nine or more UPF servings daily increases depression risk by 50% — compared to those who got by on four or fewer servings.
- The same study found artificial sweeteners alone raise depression risk by 26% among the top fifth of consumers.
- A study from 2022 published in JAMA Neurology looked at 10,755 people aged 35 to 74 who did not have dementia. It found that middle-aged people who ate the most ultra-processed foods (UPFs) experienced a 28% faster rate of cognitive decline than those who ate the least.
While study authors report more research is needed, reducing ultra-processed foods may help protect your mental health and support better cognitive function.
Impact on Children
Ultra-processed foods can harm children’s growth, learning and overall health.
These types of foods are connected to higher rates of obesity, increased body fat and risks related to heart and metabolic health, even among children, according to a 2024 study in JAMA Network.
They can even affect the weight of babies — due to added sugar in baby food. According to the American Journal of Managed Care, babies today weigh nearly a half pound more than they did 25 years ago.
A 2023 study published in Frontiers of Nutrition discovered that regularly eating candy, sweet baked goods and many other highly processed foods could lower children’s verbal skills between the ages of four and seven. The authors suggest that UPF diets have a negative effect on how well kids think and communicate.
Researchers and doctors agree that reducing ultra-processed food consumption early can promote healthier habits and better lifelong outcomes.
“A 2019 NIH study found people on an ultra-processed food diet ate 500 more calories per day, ate at a faster rate and gained weight.”
Who May Qualify for a UPF Lawsuit?
You may qualify for a UPF lawsuit if you or your child regularly consumed ultra-processed foods and developed Type 2 diabetes or non-alcoholic fatty liver.
- Regular consumption of UPFs, such as packaged snacks, sugary drinks, processed meats and other processed foods.
- A diagnosis of Type 2 diabetes or non-alcoholic fatty liver disease potentially linked to UPF consumption.
- No prior legal representation or accepted settlements for a UPF lawsuit.
Even if you don’t think you qualify, make sure to speak to an attorney. Only they can tell you if you have a case. If you have difficulties getting any requested documents, they may be able to help.
Evidence Needed for UPF Lawsuits
Evidence needed for a UPF lawsuit includes medical records that show a diagnosis of Type 2 diabetes and/or non-alcoholic fatty liver disease. You also need to know which UPFs you consumed with proof that you purchased them.
- Obtain medical records confirming your diagnosis of Type 2 diabetes or fatty liver disease.
- List UPFs you’ve consumed, including brands and manufacturers.
- Gather proof of UPF purchases, including receipts or saved packaging.
- Request purchase data from retailers where you bought UPFs.
- Get witness statements about your eating habits and consumption of UPFs.
If you have a difficult time gathering any of this evidence, an attorney can help you. They will also tell you exactly what evidence you need for your specific case.
UPF Litigation Timeline Updates
-
August 2025:
Judge Mia R. Perez dismissed Bryce Martinez’s lawsuit for not having enough details on the products that caused his illness.
-
December 2024:
Bryce Martinez filed the first UPF lawsuit against multiple major food companies, including Kraft Heinz Company, Inc.
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