Ultra-Processed Food Lawsuits: 10 Key Facts for Individuals and Families

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Oberheiden P.C.

Individuals and families across the United States are pursuing lawsuits related to ultra-processed foods (UPFs). In these lawsuits, the plaintiffs allege that ultra-processed food manufacturers deserve to be held accountable for engaging in deceptive advertising campaigns and failing to warn the general public about the serious health risks that their products present. These lawsuits are still in their early stages, and the allegations that the defendants haven’t yet been proven.

As more ultra-processed food lawsuits get filed, we will continue to learn more not only about the health risks associated with these food products, but also about what companies in the food industry knew and when they knew it. If the defendants either knowingly or negligently misled consumers about the risks of consuming their products, then they could be at risk of facing substantial liability.

“The ultra-processed food litigation is still in the early stages, and we are still learning more about both the health issues and the legal issues involved. The more individuals and families who come forward, the more we will learn—and the more pressure the defendants will face to settle.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

While the vast majority of Americans eat ultra-processed foods, not everyone experiences the harm associated with what reportedly makes some ultra-processed food dangerous, and therefore not everyone will have grounds to file a lawsuit. To have grounds to file a lawsuit, you must have losses that you are entitled to recover. Generally, this means that you or a loved one must have been diagnosed with a serious health condition linked to the consumption of ultra-processed foods.

What You Should Know About Filing an Ultra-Processed Food Lawsuit

If you or a loved one has been diagnosed with a serious health condition that has been linked to ultra-processed food consumption, what do you need to know? Here are 10 key facts about filing an ultra-processed food lawsuit:

1. Ultra-Processed Foods Take Many Different Forms

According to researchers at the Johns Hopkins Bloomberg School of Public Health, “more than half of calories consumed at home by adults in the U.S. come from ultra-processed foods.” The percentage is reportedly even higher for children. Ultra-processed foods take many different forms; and, in many cases, even foods that are marketed as being relatively healthy (such as granola bars and frozen meals) are actually highly processed foods that contain unhealthy fats and other potentially harmful ingredients and still fall into this category.

With that said, it is important to clarify that not all foods that can be classified as “ultra-processed” are necessarily bad for you. But, many are, and many of the lawsuits filed to date allege that major food manufacturers that market ultra-processed foods have misleadingly represented the health profiles of their products. To be eligible to file a lawsuit, you (or your loved one) must have received a diagnosis that can be linked directly to the consumption of one or more unhealthy ultra-processed foods rather than minimally processed foods that typically don't carry the same reported risks.

2. Health Conditions Linked to Ultra-Processed Foods Can Also Take Many Different Forms

The ultra-processed food lawsuits filed to date have involved allegations of a variety of health conditions linked to ultra-processed foods. Studies have linked the effects of food processing, particularly to the level of ultra-processed foods, to a variety of health conditions as well. Some examples of the conditions that have been linked to ultra-processed foods in lawsuits and scientific studies include:

  • Cancers (including breast, colorectal, and pancreatic cancer)
  • Cardiovascular disease
  • Hypertension (high blood pressure)
  • Hypertriglyceridemia (high fat level in the blood)
  • Non-alcoholic fatty liver disease (NAFLD)
  • Obesity
  • Type 2 diabetes

If you or a loved one has recently been diagnosed with one of these chronic health issues, it will be worth talking to your (or your loved one’s) doctor to find out if ultra-processed foods may be to blame. If so, you will want to speak with an ultra-processed foods lawyer about your legal rights as well.

3. Many Companies Are Facing Ultra-Processed Food Lawsuits

Numerous food companies manufacture and sell ultra-processed foods, and many (but by no means all) of these companies have been named in ultra-processed food lawsuits. Even if you (or your loved one) consumed ultra-processed foods manufactured and sold by major food companies that haven't already been named in the litigation, you may still be able to take legal action. When you speak with a lawyer about your legal rights, your lawyer will be able to tell you if the ultra-processed foods you (or your loved one) consumed are already the subject of pending litigation.

4. Strict Time Limits Apply

Like all lawsuits, ultra-processed food lawsuits are subject to statutes of limitations. How long you have to file a lawsuit depends on where you live, the specific type of claim you need to file, and when you (or your loved one) was diagnosed with a medical condition linked to the consumption of ultra-processed foods.

Importantly, even if you still have plenty of time before the statute of limitations for your claim expires, you will want to speak with a lawyer as soon as possible. From making sure you have the evidence you need to giving yourself the best chance of obtaining a favorable result as quickly as possible, there are several reasons not to wait to take legal action.

5. The Ultra-Processed Food Litigation is Still in Its Early Stages

As we said above, the ultra-processed food litigation is still in its early stages. The first of the lawsuits in the current wave of litigation against ultra-processed food companies was filed in late 2024. As a result, when we talk about seeking a favorable result as quickly as possible, it is important to put this into context. This is going to be a large and complex litigation proceeding, and obtaining a resolution is going to take time. With that said, if the litigation is successful, taking legal action will be well worth it. Again, when you speak with a lawyer about your legal rights, your lawyer will be able to help you make an informed decision about whether to file a lawsuit.

6. This is Not a Class Action Lawsuit

While class action lawsuits may get filed, the current lawsuits against ultra-processed food manufacturers are not class action cases. Instead, plaintiffs are pursuing their claims individually. These lawsuits may eventually be consolidated into a multidistrict litigation (MDL) proceeding; however, this is still very different from a class action lawsuit.

This is important for several reasons. Most notably, however, plaintiffs who have ultra-processed food lawsuits are able to seek full compensation for their specific losses. With many plaintiffs facing substantial and long-term losses due to cancer, cardiovascular disease, diabetes, and other serious health conditions linked to high saturated fats and other common ingredients in UPFs, it is imperative that they are able to seek the full compensation they deserve.

7. Plaintiffs Are Seeking Financial Compensation for Their Financial and Non-Financial Losses

Living with cancer, cardiovascular disease, diabetes, or another serious health condition can have significant financial and non-financial costs. If you have grounds to file an ultra-processed foods lawsuit, you can seek just compensation for all of the costs you have incurred and that you are likely to incur in the future. While every case is unique, in many cases, plaintiffs will have claims for hundreds of thousands of dollars in financial and non-financial costs—if not more. If you have a claim tied to significant health risks, working closely with an experienced lawyer will be essential for seeking the full compensation you deserve.

8. Parents, Spouses, and Other Family Members Can File Ultra-Processed Food Lawsuits in Many Cases

While many of the plaintiffs in the ongoing ultra-processed food litigation are individuals who are struggling to cope with the ongoing effects of consuming allegedly harmful food products, parents, spouses, and other family members can file ultra-processed food lawsuits as well. If your child has been diagnosed with type 2 childhood diabetes following ultra-processed food consumption, for example, you may be able to file a lawsuit on behalf of your child.

Or, if you have tragically lost a spouse, parent, or another close family member to cancer, cardiovascular disease, or another serious health condition linked to the consumption of ultra-processed foods, you may be eligible to file a lawsuit in this scenario as well. If you have any questions about filing an ultra-processed foods lawsuit, we strongly encourage you to speak with a lawyer who can help you make an informed decision.

9. There Are No Guarantees

While several law firms are pursuing ultra-processed food lawsuits, and while there is reason to believe that the plaintiffs in these lawsuits have strong claims (similar to past cases against tobacco companies and the tobacco industry), there are no guarantees. This is always the case with litigation. We mention this because it is important to have reasonable expectations—and, while an experienced lawyer might be able to help you obtain a settlement or verdict, there is no guarantee that your lawsuit will be successful.

10. You Can Hire a Lawyer to File an Ultra-Processed Food Lawsuit at No Out-of-Pocket Cost

Finally, if you have grounds to pursue an ultra-processed food lawsuit, you can hire a lawyer to handle your lawsuit at no out-of-pocket cost to you. Law firms are generally handling these lawsuits on a contingency-fee basis. With contingency-fee representation, you pay no up-front or monthly legal fees, and you pay nothing at all unless your lawyer helps you secure a settlement or verdict. As a result, there is no financial risk involved in taking legal action if you have a claim.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Oberheiden P.C.

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