- A lawsuit filed in the Court of Common Pleas of Philadelphia County yesterday has levied a host of allegations related to the sale of “ultra-processed foods” (UPF) against many of the major food companies.
- At its core, the 148-page complaint alleges that UPF, which are sold by the named defendants (and other companies), are harmful because of their high degree of processing, including the addition of many food additives. The complaint alleges that these harms cannot be attributed solely to the nutritional profile of the foods. The complaint also alleges that the foods are highly addictive and compares them to highly addictive substances like nicotine, cocaine, and methamphetamine. Moreover, the complaint extensively alleges that these foods were intentionally designed to short circuit natural defenses against overconsumption and to be addictive and that marketing campaigns have focused on children to their detriment.
- The single named Plaintiff alleges that he was diagnosed with type 2 diabetes and non-alcoholic fatty liver disease at 16, both of which he attributes to consumption of UPF. More broadly, he alleges that the incidence of diseases such as these and obesity has dramatically increased since the 1980s, and attributes this to consumption of UPF. Notably, the complaint alleges that “UPF does not increase the risks of other conditions simply because it causes obesity… [but rather] UPF increase the risks of disease because they are ultra-processed.”
- The causes of action put forward include negligence, failure to warn, breach of implied and express warranties, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, violation of consumer protection laws, unjust enrichment, conspiracy, and concerted action.
- As we blogged about previously, FDA is conducting a joint workshop with NIH on December 17-18 with UPF among the primary topics to be discussed. In contrast to the allegations of the complaint, FDA’s Jim Jones has maintained that while UPF consumption is correlated with negative health outcomes, causality has not been demonstrated. The unsettled state of the science and the difficulty in defining UPF are likely to pose significant challenges for the Plaintiff.
Lawsuit Alleges Intentional Sale of “Harmful and Addictive” Ultra-Processed Foods
Wednesday, December 11, 2024
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