/>i- A federal judge has dismissed a lawsuit claiming that several major food companies aggressively market “highly addictive, ultra-processed foods to children.” According to the judge, the plaintiff did not adequately allege that the companies’ products caused him any harm.
- The lawsuit alleges that ultra-processed foods (UPF) marketed by the named defendants and other companies are harmful because of their high degree of processing, including addition of many food additives. The plaintiff claimed that he was diagnosed with both type 2 diabetes and non-alcoholic fatty liver disease at 16, attributing both to the consumption of UPF. Further, he alleged that the incidence of such diseases and obesity has dramatically increased since the 1980s due to the consumption of UPF, as we previously blogged.
- However, according to the judge, the plaintiff dedicated his complaint to the science and marketing of UPF, but “when it comes to allegations regarding Plaintiff himself, the complaint is woefully deficient.” The plaintiff did not allege how often he consumed the defendants’ products, in what amounts, or when; he did not allege when he ate the products in relation to receiving his diagnoses or began experiencing symptoms; and he failed to identify what foods or products he consumed, listing over 100 brands manufactured or sold by the defendants without identifying specific products he consumed within these brands. As a result, the defendants did not have sufficient notice of the claims against them. Overall, according to the judge, there are not enough facts to suggest that the companies’ products are what caused the plaintiff’s harm.
- The judge did state 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.” However, the lawsuit was dismissed in its entirety due to the failure to state a claim upon which relief may be granted.
- As we blogged earlier this year, FDA is working with USDA and other government agencies to define UPF, which could have a broad impact on regulation, as well as processing and marketing.
UPF Lawsuit Dismissed
Thursday, August 28, 2025
Current Public Notices
Published: 28 August, 2025
Published: 25 August, 2025
Published: 25 August, 2025
Published: 25 August, 2025
Published: 25 August, 2025
Published: 22 August, 2025
Published: 20 August, 2025
Published: 20 August, 2025
Published: 18 August, 2025
Published: 18 August, 2025
Published: 15 August, 2025
Published: 14 August, 2025
Published: 12 August, 2025
Published: 11 August, 2025
Published: 8 August, 2025
