Kraft Heinz, Coca-Cola, General Mills Face Lawsuit Over Ultra-Processed Foods

Represented by two high-powered plaintiff firms, a Pennsylvania teenager alleges that ultra-processed foods developed and marketed by defendant company Kraft Heinz and ten other companies, including Coca-Cola and General Mills, caused him to develop type 2 diabetes and non-alcoholic fatty liver disease (Martinez V. Kraft Heinz Company, Inc. et al.).

Writing on the news website Axios, reporter Rebecca Falconer notes that the lawsuit, filed in the Philadelphia Court of Common Pleas, was filed at a time when Trump’s nominee to lead the Department of Health and Human Services, Robert F. Kennedy Jr., pledged to eliminate processed foods from school lunches. The outgoing FDA commissioner was on record as saying ultra-processed foods were likely addictive.

According to the article, the Consumer Brands Association stated in an email to Axios that 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.” 

Key Takeaways for General Counsel

• Product Liability Expansion: This lawsuit could test the boundaries of liability for food manufacturers, potentially opening the door for broader claims related to public health harms linked to ultra-processed foods.
• Regulatory Uncertainty: While there is no consensus on a legal definition of “ultra-processed” foods, increased regulatory scrutiny and public health advocacy may prompt future FDA action. Companies should proactively assess compliance risks.
• Marketing to Minors: Targeting children in food advertising could become a heightened litigation risk. Legal teams should review marketing strategies to mitigate potential exposure.
• Precedent-Setting Potential: If successful, this case could catalyze similar lawsuits, prompting companies to reconsider product formulations and labeling practices.

General counsel should monitor developments closely and evaluate risk mitigation strategies in light of potential regulatory and litigation shifts.