The lawsuits against ultra-processed food manufacturers are starting to make headlines. Recently, media outlets ranging from Today to Bloomberg Law have published articles discussing the litigation. As awareness of the litigation grows, more lawsuits are being filed; and, as Bloomberg Law notes, the ultra-processed food litigation is already being likened to the tobacco litigation of the 1990s. 

As a result, if you have questions about filing an ultra-processed food lawsuit, you are not alone. 

While the vast majority of Americans consume ultra-processed foods (with many consuming multiple ultra-processed foods on a daily basis), not everyone who drinks soda, eats frozen means, or snacks on chips is eligible to file a lawsuit. To find out if you are eligible to file a lawsuit—and, if so, how much you may be entitled to recover, you will need to speak with an attorney one-on-one. 

“The ultra-processed food litigation has the potential to be among the largest consumer litigation proceedings in recent years. At this point, we are encouraging anyone who thinks they may have a claim to come forward and speak with an attorney. ” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

With that said, there are some baseline eligibility criteria for filing an ultra-processed food lawsuit. This article covers these criteria in general terms. However, this is for informational purposes only—you should not make any decisions about your legal rights until you have obtained personalized legal advice from an experienced attorney. 

General Eligibility Criteria for Filing an Ultra-Processed Food Lawsuit 

The following are the general eligibility criteria for filing an ultra-processed food lawsuit: 

1. Regular Consumption of Ultra-Processed Foods 

Currently, the ultra-processed food litigation is focused on cases in which plaintiffs (or their children or other ones) have consumed high levels of ultra-processed foods. In many cases, this involves consuming ultra-processed foods for years, especially during childhood. While studies have highlighted various potential risks associated with the consumption of ultra-processed foods, these studies have generally focused on the long-term risks associated with regular consumption. 

However, there is no “minimum” amount of ultra-processed food consumption required, and the effects of consuming ingredients such as high-fructose corn syrup, hydrogenated oils, and hydrolyzed proteins that are commonly found in these foods are still being studied. This brings us to our next point—the importance of having a clear diagnosis. 

2. A Medical Diagnosis Linked to Ultra-Processed Food Consumption 

As we said above, not everyone who has consumed ultra-processed foods is eligible to file a lawsuit. To be eligible, you (or a loved one) must have received a medical diagnosis linked to ultra-processed food consumption. Some examples of potentially relevant diagnoses include: 

• Cancer – Consumption of ultra-processed foods has been linked to an increased risk of developing several forms of cancer, including breast cancer, colorectal cancer, pancreatic cancer, prostate cancer, and chronic lymphocytic leukemia, among others. 
• Cardiovascular Disease – Consumption of ultra-processed foods has also been linked to an increased risk of cardiovascular disease. For example, one study found that, “eating large amounts of ultra-processed foods was linked to a 50% increased risk of cardiovascular disease-related death.”
• Non-Alcoholic Fatty Liver Disease (NAFLD) – A study conducted in 2023 found a “significant association” between the consumption of ultra-processed foods and non-alcoholic fatty liver disease (NAFLD). According to the study’s authors, “current evidence indicates that [ultra-processed foods are] not only associated with obesity and type 2 diabetes but may also be a risk factor for NAFLD.”
• Obesity – According to yet another study, “[r]ecent research provides fairly consistent support for the association of ultra-processed food intake with obesity and related cardiometabolic outcomes.” Obesity has been linked to a variety of health risks, including cancers, cardiovascular disease, and type 2 diabetes, among others. 
• Type 2 Diabetes – Studies have also linked ultra-processed food consumption to type 2 diabetes in both children and adults. According to the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), “[n]early 9 in 10 people with type 2 diabetes [are] overweight or obes[e],” and obesity has been linked to ultra-processed food consumption as noted above.

Again, these are just examples. Ultimately, if you have concerns, you should consult with a doctor. When you do, you should specifically mention your concerns about your (or your child or other loved one’s) symptoms being linked to ultra-processed foods. Not only will this help ensure an accurate diagnosis; but, if your (or your loved one’s) doctor confirms a possible link, this will be important information to share with your attorney. 

It is still being determined what plaintiffs will need to prove in order to establish a link between their diagnosis and their consumption of ultra-processed foods. But, regardless of what additional evidence is ultimately required, obtaining a medical diagnosis will be the first step in the process. The more details you can provide your doctor, the better. Ideally, your doctor will include these details in your medical history. But, if he or she doesn’t, your attorney will be able to work with your doctor (or other medical experts) to obtain the medical documentation that is needed.

3. Proof of Consumption of Ultra-Processed Foods 

While all of the medical conditions linked above have been linked to the consumption of ultra-processed foods in scientific studies, they can have other causes as well. As a result, establishing your eligibility to file a lawsuit will also involve proving your (or your loved one’s) consumption of ultra-processed foods. 

How can you prove that you (or a loved one) regularly consumed ultra-processed foods? Packing, receipts, order confirmations, purchase histories, account statements, and various other forms of documentation could all be relevant. Before you speak with an attorney, you should spend some time figuring out what types of documentation you might have available. Your attorney will almost certainly ask; and, if you can give your attorney an idea of the types of documentation you might have, this will allow your attorney to provide a more in-depth assessment of your eligibility. 

With that said, if you don’t have any documentation of your purchases of ultra-processed foods, this should not deter you from scheduling a free consultation. If it appears that you may have a claim, your attorney will be able to assist with gathering the documentation you need to prove your right to just compensation.  

4. You Have Suffered Losses Due to Ultra-Processed Food Consumption 

Ultra-processed food lawsuits involve claims for just compensation related to plaintiffs’ losses resulting from consuming these potentially dangerous foods. To be eligible to file a lawsuit, you must have losses that you are entitled to recover. 

If you have received a diagnosis related to ultra-processed food consumption (or if your child or spouse has been diagnosed with type 2 diabetes or another serious health condition), you will generally meet this eligibility requirement. This is because serious health conditions can lead to losses including: 

• Medical bills
• Other out-of-pocket costs (i.e., prescription medications and in-home care)
• Lost income or future earning capacity
• Loss of companionship and consortium
• Loss of enjoyment of life

Documentation is important here as well; and, here too, it will be helpful for you to see what you have available. For example, along with your (or your loved one’s) medical records, if you have other receipts, if you have employment records, or if you have documentation of how your (or your loved one’s) diagnosis has negatively impacted your (or your loved one’s) daily life, these will all be important to keep to share with your attorney. 

5. You Still Have Time to File a Lawsuit

Finally, you must still have time to file a lawsuit. Like all lawsuits, ultra-processed food lawsuits are subject to strict deadlines established by statutes of limitations. These deadlines vary between states. If the statute of limitations for your claim has expired, you won’t be able to file a lawsuit—even if you would otherwise clearly be eligible to do so. 

Generally, the statute of limitations starts to run when you learn (or reasonably should have learned) that you have grounds to take legal action. As a result, if you (or your loved one) just recently received a diagnosis, you may still have plenty of time to file. In other circumstances, however, time could be running out. In any case, there are several important benefits to taking legal action promptly, and it is best to consult with an attorney as soon as possible. 

Determining Your Eligibility Requires a Personalized Case Review

Again, while these are the main general eligibility criteria for filing an ultra-processed food lawsuit, we cannot stress enough the importance of seeking one-on-one legal advice from an experienced attorney. Everyone’s circumstances are different; and, to make an informed decision about whether to take legal action, you will need to receive a personalized case review. 

Your initial case review should be completely free and confidential. Additionally, if you decide to file an ultra-processed food lawsuit, you should not have to pay anything out-of-pocket for your legal representation. Attorneys are generally handling these lawsuits on a contingency-fee basis, which means that your legal fees (if any) will be deducted from your settlement or verdict if your lawsuit is successful.