DV Journal

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.

The world’s biggest killer is one that seldom creates headlines. The public conversation focuses far more on disasters like airplane crashes or climate change events. However, these kill thousands of times fewer people.

The biggest killer in the world is cardiovascular disease, which primarily consists of heart attacks and strokes. It will claim more than 18 million lives globally this year, making up a third of all global deaths. In the United States, heart disease is the leading cause of death for men, women, and people of most racial and ethnic groups. One American dies every 33 seconds of cardiovascular disease.

This is a “lifestyle” problem caused by unhealthy diets, physical inactivity, and tobacco and alcohol use, which lead to obesity and high blood pressure. Reducing heart attack risk worldwide is not just a matter of public health but an investment in personal responsibility, economic growth and national security.

Despite becoming a bigger killer than infectious diseases — even in the developing world — chronic diseases like cardiovascular disease receive very little funding in the world’s poor countries. External funding accounts for almost 30 percent of health spending in low-income countries, but only 5 percent of this funding goes toward chronic diseases.

Through its overseas development aid and its policy advice to developing countries, the United States could boost spending on cardiovascular disease prevention.

By funding initiatives that educate the public about healthy lifestyles, encourage regular check-ups, and provide affordable healthcare options, individuals are empowered to take charge of their own well-being. This approach reduces the burden on the healthcare system and fosters a culture of self-reliance and accountability.

From an economic perspective, investing in reducing heart attack risk makes fiscal sense. Costs from cardiovascular diseases are projected to top $1 trillion in the United States alone by 2035. Heart disease and related conditions are among the leading causes of healthcare expenditures in the United States.

By proactively addressing risk factors such as obesity, hypertension and smoking through targeted interventions like community health programs, research into innovative treatments, and incentives for healthier living, we can potentially lower long-term healthcare costs.

A healthier population translates to a more productive workforce, reducing absenteeism and increasing overall economic output. This economic strength is crucial for maintaining America’s global competitiveness and resilience against external threats. Additionally, a healthier population is less reliant on government assistance programs, thereby preserving resources for essential national priorities such as defense and infrastructure.

The indicator of high blood pressure is the single biggest global death risk, leading to almost 11 million deaths annually, causing 19 percent of all fatalities.

As the world’s population is aging, ever more people are affected. The number of people living with high blood pressure doubled in the last 30 years — to about 1.3 billion people. Because there are no obvious symptoms, almost half don’t even know it, and four out of five people are not adequately treated.

This combination makes high blood pressure both enormously impactful and surprisingly neglected.

The good news is that treating high blood pressure is incredibly cheap and effective with one or more pills that are off-patent and cost next-to-nothing. This is done reasonably well in rich countries, but we should be doing this worldwide.

Community screenings for high blood pressure cost as little as $1 per person, and the prescription of blood pressure medications often cost only $3 to $11 yearly.

Peer-reviewed research shows that controlling high blood pressure in the poorer half of the world would cost $3.5 billion annually. But it would save almost a million lives annually. Put into economic terms, each dollar spent would achieve $16 in returns to society, making it one of the world’s most efficient policies.

High blood pressure is the world’s leading global killer risk. Yet, it receives little attention and even less funding. For just $3.5 billion annually, we could implement one of the best development solutions, saving millions of lives. This would be good for U.S. development policy, and amazing for the world.

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The holiday season is a time for joy, but it is also a time for serious reflection. So it is the right time to think about our food. And the facts are clear: the food that most of us eat every day makes us sick. 

We have all known that for a long time. But now, a new study in the Journal of the American Medical Association Neurology indicates that our bad eating choices can also impair cognition, even bringing on dementia. This doesn’t mean that we can never indulge in a snack, but it does mean that most of us need to change our approach to our overall diet.

How much evidence do we need before we change the way we eat? I have friends who routinely dismiss information like this, seeing it as coming from “health nuts.” But the data we have on a poor diet is not from fringe groups obsessed with an extreme agenda. At this point, one has to be living in denial to dismiss what we all know: a poor diet will make us sick and affect our ability to think.

If we are being honest with ourselves, we have known for a long time that poor nutrition contributes not only to obesity but also to diabetes, high blood pressure, heart attack, stroke and certain kinds of cancers. And now we know it can lead to impaired thinking, even dementia. 

One of the main reasons for this is that we eat too much “ultraprocessed” food, which includes additives (chemicals) designed to add artificial flavor, artificial color, artificial texture, artificial scent and preservatives. The National Center for Biotechnology Information has found that almost 60 percent of the food that Americans eat is ultraprocessed. This has to stop.

And it is especially worrisome to know that many of the chemical additives in ultraprocessed food have never been tested by anyone except (perhaps) by the company selling the product to you. Next time you pick up something at the store, check the label. You may be surprised by what you see in the list of ingredients. If you don’t know what the ingredients are, you probably shouldn’t eat them.

Why do we go on, day after day, abusing our bodies? Part of the problem is our environment. We look around and see colorful packaging, attractive advertising, and everyone we know chowing down. How can the food around us be a problem if restaurants serve it and supermarkets sell it? We are lulled into submission because that unhealthy eating is so accepted by everyone around us.

Also, we tend to be present-oriented. Since we don’t face any serious consequences from our bad diet today, we tell ourselves that everything must be fine. We don’t allow ourselves to think that we may face problems in 20 or 30 years. If we don’t see it immediately, it must not be true. And so, it continues.

This is a good time for a real New Year’s resolution. Don’t make resolutions you will furiously pursue for a month or two and then abandon. This year, make it simple. Resolve to eat a healthy diet consistently for the rest of your life. If you do, you will live longer and have a better quality of life while you live.

Eliminate fast-food burgers, fries, tacos, fried chicken and deli meats. Avoid cookies, packaged pizza, most frozen entrees, all soft drinks, sausages and sweetened cereals. And that is just the tip of the iceberg. You have to develop the habit of reading labels. You must eat fresh vegetables, fruits, whole-grain bread, and much less dairy and meat. Yes, it’s cumbersome and time-consuming. But aren’t you worth it?

Basically, you have to start preparing your food at home from natural vegetables, fruits and whole ingredients. I know we are all busy, and fast food and prepared food are quick and easy. But remember, it simply isn’t good for you. Over time, it will hurt you. Make a change this coming year. Stand up for yourself. Put in the extra time needed to make food that will support your physical and mental health and keep you alive. Can you really think of a better investment for your time?

The new year will be here soon. Take a walk on the wild side and think about this. A healthy diet is a gift you can give yourself and your loved ones. It’s worth the effort.

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