A lawsuit filed recently in Philadelphia reads like it was ripped from the headlines about President-elect Donald Trump’s secretary for health and human services nominee, Robert F. Kennedy Jr., who has long warned about America’s unhealthy eating habits.
The suit, filed by Morgan and Morgan on behalf of Bucks County resident Bryce Martinez, holds a long list of prominent American food suppliers responsible for his health conditions. Martinez suffers from fatty liver disease and Type 2 diabetes, and he says Kraft Heinz, General Mills, and Post, among others, are responsible for his poor dietary decisions.
The lawsuit blames the companies for selling “ultra-processed foods (UPF)” that are “chemically modified, combined with additives, and then reassembled using industrial techniques.”
These UPFs “are alien to human experience” and “have come to dominate the American food environment and the American diet,” the suit claims. Compared to less processed foods, UPF are addictive and linked to many diseases.
“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,” said Morgan and 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.”
Attorney Renee Rocha said, “The defendants allegedly maximized their profits at the expense of the health of American children. These companies allegedly use the tobacco industry’s playbook to target children, especially Black and Hispanic children, with integrated marketing tie-ins with cartoons, toys and games, along with social media advertising. Our goal is to hold these companies responsible for their alleged efforts to make ultra-processed foods as addictive as possible and get them into the hands of children.”
Since the consumption of UPFs has risen since the 1980s, there’s been “an explosion in obesity, diabetes, and other life-changing chronic illnesses,” the suit said. Diseases formerly found in “elderly alcoholics” like Type II Diabetes and Fatty Liver Disease are now found in children, the suit said.
The suit accuses Big Tobacco of taking over the food industry and using its “cigarette playbook” to deploy “the same kind of brain research on sensory perceptions, physiological psychology and chemical senses that were used to increase the addictiveness of cigarettes.”
The food and beverage industry disputes those allegations.
“Food safety and protecting the integrity of the food supply is priority number one for food and beverage manufacturers. 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. Americans deserve facts based on sound science in order to make the best choices for their health,” said Sarah Gallo, senior vice president of product policy for the Consumer Brands Association.
“There is currently no agreed-upon scientific definition of ultra-processed foods. Attempting 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. We fully support providing consumers the dignity of choice when making decisions about healthy dietary patterns, and the makers of America’s household brands are continuously innovating to meet the health and lifestyle needs of their customers,” she said.
According to the lawsuit, however, consumers only think they have choices when they shop. In fact, they are victims of a conspiracy among sugary snack makers.
“In April 1999, the CEOs of America’s largest UPF companies attended a secret meeting in Minneapolis to discuss the devastating public health consequences of UPF and their conduct. At that meeting, a Kraft executive told the other CEOs in attendance that obesity was reaching epidemic proportions, especially among children, who were at a higher risk of developing chronic diseases such as diabetes, heart disease, hypertension and cancer.’ This same executive informed the others that their companies were collectively driving this, costing the U.S. upwards of $100 billion a year, and inflicting a toll on public health rivaling that of tobacco,” the suit said.
Martinez “is one of many casualties,” the suit said. He “frequently and chronically ingested their UPF, which caused him to contract Type 2 Diabetes and Non-Alcoholic Fatty Liver Disease at the age of 16,” the suit said. And he continues to suffer from these diseases.
Consuming UPF has been linked to increases in various cancers, cardiovascular disease, cerebrovascular disease, irritable bowel disease, chronic kidney disease, Crohn’s disease, dementia, Alzheimer’s disease, metabolic syndrome, Type 2 Diabetes, non-alcoholic fatty liver disease, depression , anxiety and frailty, according to the suit.
