Meet Our Ultra-Processed Foods Attorneys

Ultra-processed foods (UPFs) are foods that have been significantly altered from their original form through industrial processes. They often contain ingredients that are not typically found in a home kitchen, such as artificial preservatives, sweeteners, flavor enhancers, and colorings. Common examples include packaged snacks, sugary cereals, fast food, frozen meals, and sodas.

UPFs cause unique health risks that less processed foods do not. Studies have shown that consuming these foods regularly is linked to a host of health problems, including obesity, heart disease, and diabetes. The manufacturing process removes the natural fiber, vitamins, and minerals from the original food, and the end result is a product that offers little more than empty calories. Over time, these health risks can manifest in serious and sometimes irreversible conditions.

Type 2 diabetes has historically been associated with adults, but its incidence in children has been rising alarmingly in recent years. A significant contributor to this growing issue is the increased consumption of ultra-processed foods, which are calorie-dense and low in nutrients. Children are particularly susceptible because they are targeted with mass marketing campaigns for dangerous ultra-processed foods.

Yes, if your child developed health issues like Type 2 diabetes from consuming ultra-processed foods, you may be able to file a lawsuit. These cases are often framed around product liability, arguing that the manufacturers of these foods were negligent in not adequately warning consumers, especially parents, about the risks of their products.

Parents can file lawsuits on behalf of their children, and in some cases, class actions may be pursued if multiple families have been affected by the same brands or products. To pursue legal action, it is essential to demonstrate a clear link between the consumption of UPFs and the health condition that has developed.

In lawsuits related to ultra-processed foods, large food manufacturers and companies that produce ultra-processed foods are the primary targets. 

Morgan & Morgan has filed a lawsuit against some of the largest corporations in the food industry for their role in the production, marketing, and distribution of ultra-processed foods (UPFs). These companies include:

• Kraft Heinz Company, Inc.
• Mondelez International, Inc.
• Post Holdings, Inc.
• The Coca-Cola Company
• PepsiCo, Inc.
• General Mills, Inc.
• Nestle USA, Inc.
• Kellanova
• WK Kellogg Co.
• Mars Incorporated, Inc.
• Conagra Brands, Inc.
   

These corporations are accused of marketing unhealthy foods, often directly targeting children, without adequately disclosing the long-term health risks. As a result, they are being held accountable in courts across the country for failing to protect public health.

Morgan & Morgan’s lawsuit alleges that these corporations knowingly created and marketed UPFs in a manner designed to exploit addictive pathways in the human brain. Their tactics allegedly parallel strategies used by Big Tobacco in the past. The key allegations include:

• Aggressive Marketing to Children: These companies allegedly targeted children with campaigns using cartoons, popular characters, and other strategies designed to create lifelong brand loyalty to unhealthy products.
• Addictive Product Design: Using neuroscience and sensory research, UPFs were allegedly engineered to trigger compulsive overconsumption, prioritizing profits over consumer health.
• Significant Health Impacts: The consumption of UPFs is [has been linked by a study to a rise in chronic diseases such as Type 2 Diabetes and Non-Alcoholic Fatty Liver Disease. These health conditions have allegedly disproportionately affected children and underserved communities.

Yes, specific brands and products are at the center of many UPF-related lawsuits. Some of the most commonly involved products include:

• Sugary beverages such as sodas and energy drinks
• Snack foods like chips, cookies, and candy
• Breakfast cereals, particularly those marketed to children
• Processed meats, including hot dogs and frozen meals

These products are often sold with misleading marketing messages that suggest they are part of a healthy or balanced diet, when in reality, their ingredients contribute to long-term health problems.

The rise of ultra-processed foods can be traced back to the strategies employed by tobacco companies in the mid-20th century. Tobacco companies were among the first to use marketing tactics that targeted vulnerable populations, particularly children. They also funded research to downplay the health risks associated with smoking.

Many of these tactics, such as promoting addictive behaviors, misleading advertising, and lobbying against regulations, were later adopted by the processed food industry. This has been documented in several reports and studies that show how food companies have used similar strategies to promote unhealthy eating habits. Just as tobacco companies continued to sell products despite the mounting evidence of harm, food manufacturers have continued to sell ultra-processed foods, despite growing evidence of their negative health impacts.

To pursue a claim related to ultra-processed food consumption, you need to demonstrate the link between the consumption of these foods and the health condition that developed. Key pieces of evidence may include:

• Medical Records: Documenting the diagnosis of conditions like Type 2 diabetes, obesity, or other related diseases.
• Nutritional Information: Showing that the products consumed were ultra-processed and linked to poor health outcomes.
• Expert Testimony: Medical experts can testify about the health risks associated with UPFs and their contribution to specific health conditions.
• Marketing Materials: Evidence that the manufacturers used misleading marketing tactics, particularly toward children, may strengthen your case.

Marketing ultra-processed foods to children is a key aspect of many UPF-related lawsuits. Companies have been accused of using manipulative tactics to market unhealthy foods to children through TV commercials, social media, and in-school promotions. These practices are considered particularly harmful because children are more impressionable and less able to make informed dietary choices.

Legal claims argue that food companies knowingly targeted children with products that could harm their health, and this deceptive advertising played a role in the development of health conditions such as Type 2 diabetes and obesity.

Yes, there is a statute of limitations for filing a lawsuit related to ultra-processed foods. The statute of limitations varies by state, but it generally ranges from one to three years after the injury (in this case, the diagnosis of a health condition related to UPF consumption). 

However, in some cases, the statute of limitations may be extended if the injury was not immediately apparent, such as in the case of long-term conditions like Type 2 diabetes.

If you or your child has developed health issues due to the consumption of ultra-processed foods (UPFs), you may be eligible for various types of compensation in a lawsuit. The specific compensation depends on several factors, including the nature of the case, the health condition developed, and the damages involved. In general, compensation for UPF-related health lawsuits can be divided into two main categories: pain and suffering damages and economic damages. In some cases, punitive damages may also be available.

Economic Damages

Economic damages are intended to compensate for financial losses that have occurred due to the health issues caused by UPFs. These damages can include:

• Medical Expenses: If your child or you have incurred medical bills for the treatment of diseases or conditions linked to UPF consumption, you may be able to recover these costs. This includes doctor visits, hospital stays, surgeries, prescription medications, and any necessary ongoing medical treatments.
   
• Future Medical Costs: In cases where the health condition will require long-term or ongoing treatment, compensation may include future medical costs. For example, if your child or you are diagnosed with Type 2 diabetes, the lawsuit may seek compensation for the cost of future insulin, glucose testing, and other diabetes-related care.
   
• Lost Wages: If the illness or condition caused by UPFs has led to an inability to work, you may be able to recover wages that were lost due to time spent in recovery or medical treatments. For parents, this could also extend to lost wages if they had to take time off from work to care for their child.
   
• Loss of Earning Capacity: In cases where a health condition has led to permanent disability or limitations on future work ability, you may be entitled to compensation for the loss of earning potential. For example, if Type 2 diabetes has significantly impaired someone’s ability to work in their profession, the lawsuit may address this financial loss.
  
   

Non-Economic Damages

Non-economic damages refer to the intangible losses caused by the illness or injury related to UPFs. These damages aim to compensate for the emotional, physical, and psychological toll the condition has caused. Non-economic damages can include:

• Pain and Suffering: If your child or you have experienced pain due to the illness, you may be able to recover compensation for physical pain and emotional distress. This can include both short-term and long-term suffering, especially if the health condition is chronic and debilitating.
   
• Emotional Distress: Beyond physical pain, health conditions related to UPF consumption can cause emotional distress, including anxiety, depression, and trauma. In lawsuits related to Type 2 diabetes, heart disease, or other chronic illnesses, emotional distress compensation may be awarded if the individual has suffered psychologically from the condition.
   
• Loss of Enjoyment of Life: If the illness has affected your or your child’s ability to participate in daily activities or hobbies, compensation may be available for the loss of enjoyment of life. This is often a consideration in cases where the plaintiff’s quality of life has been significantly reduced by the health condition linked to UPF consumption.
   
• Loss of Consortium: In some cases, spouses or family members of the injured party may be entitled to compensation for the loss of companionship, affection, and other aspects of their relationship that have been impacted by the person’s illness.
  
   

Punitive Damages

Punitive damages are meant to punish the defendant for particularly reckless, harmful, or fraudulent conduct. These damages are not awarded to compensate for any specific loss suffered by the plaintiff but instead are designed to deter others from engaging in similar behavior.

In UPF lawsuits, punitive damages may be considered if the company responsible for marketing or selling ultra-processed foods engaged in gross negligence, deceitful practices, or deliberate disregard for the health and safety of consumers. For instance, if a food company knowingly misled consumers about the health risks associated with their products or targeted vulnerable populations (such as children) with deceptive advertising, punitive damages may be awarded in addition to compensatory damages.

However, it's important to note that punitive damages are not always awarded and are typically reserved for cases involving egregious conduct.

Determining if your child’s condition is linked to ultra-processed food consumption requires a detailed medical evaluation. A doctor may be able to assess whether the child’s diet, particularly their consumption of UPFs, played a role in the development of conditions like Type 2 diabetes. Consulting a lawyer who specializes in product liability or personal injury law can also help establish a potential link.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

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