Auto logout in seconds.
Continue LogoutIn a first, the city of San Francisco has sued 11 major companies over ultra-processed foods, arguing that they marketed and sold products that that have contributed to a nationwide public health crisis.
Ultra-processed foods contain ingredients that imitate real foods, usually through added salts, sugars, or oils. Ultra-processed foods often come ready to eat, such as pre-packaged soups and sauces, frozen pizzas, hot dogs, sodas, ice cream, and store-bought baked goods.
Currently, these foods make up a majority of people's diets in the United States. According to an analysis of federal data collected from 2001 to 2018, around 58% of calories consumed by U.S. adults and children ages one and older come from ultra-processed foods. For children ages two to 19, this number was even higher, reaching 67% in 2018.
In recent years, there has been a push against ultra-processed foods, especially as more research suggests that eating these foods can contribute to several health conditions.
For example, diets high in fat, sugar, and sodium have been associated with cardiovascular disease and other health conditions. Ultra-processed foods can also contribute to visceral fat forming around the organs and imbalances in the gut microbiome, which has been linked to type 2 diabetes and obesity.
Recent research has also linked eating ultra-processed foods to poor mood and cognitive decline, an increased risk of colorectal cancer, and an increased risk of premature death.
HHS Secretary Robert F. Kennedy Jr. has also pinpointed ultra-processed foods as a leading cause of chronic diseases in the United States, especially among children, in his Make America Healthy Again Commission report.
"We're unhealthy. The diet has a huge amount to do with that. We stopped smoking, we've got cholesterol drugs, we've got drugs to handle heart disease, hypertension and so forth, but the food is killing us," said Barry Popkin, a professor of nutrition at the University of North Carolina.
"We have reached a tipping point in the scientific research about the harm of these products."
San Franciso city attorney David Chiu on Tuesday filed the first-ever government lawsuit against 11 major food companies over ultra-processed foods, arguing that the foods have contributed to a nationwide public health crisis.
The 11 companies named in the lawsuit are Kraft Heinz, Mondelez, Post, Coca-Cola, PepsiCo, General Mills, Nestle, Kellanova, Kellogg, Mars, and ConAgra.
"We have reached a tipping point in the scientific research about the harm of these products," Chiu said. "[T]hese products in our diets are deeply linked to serious health conditions, imposing enormous costs on millions of Americans and cities and states across our country."
"These companies engineered a public health crisis, they profited handsomely, and now they need to take responsibility for the harm they have caused," he added.
According to the lawsuit, the companies producing and promoting ultra-processed foods are violating California's Unfair Competition Law and public nuisance statute. The lawsuit is seeking a court order to prevent the companies from using "deceptive marketing" and to require them to take actions against ultra-processed foods, including providing consumer education on the health risks of such foods and limiting advertising and marketing to children.
In response to the lawsuit, Sarah Gallo, SVP of product policy at the Consumer Brands Association, said that "[t]he makers of America's trusted household brands support Americans in making healthier choices and enhancing product transparency. That's why food and beverage manufacturers continue to introduce new product options that include increased protein and fiber, reduced sugars and sodium, and no synthetic color additives."
Gallo added that "[t]here is currently no agreed upon scientific definition of ultra-processed foods and attempting to classify foods as unhealthy simply because they are processed, or demonizing food by ignoring its full nutrient content, misleads consumers and exacerbates health disparities."
According to the New York Times, it's not clear how successful the lawsuit will be. In August, a federal judge in Philadelphia dismissed a private lawsuit over ultra-processed foods, saying that the plaintiff lacked specifics about the foods he had consumed and when.
However, San Francisco has had success with other lawsuits involving public health matters. The office previously won millions in settlements from tobacco companies, lead paint manufacturers, and opioid manufacturers.
"Anytime I see public actors like the city of San Francisco or state level attorneys interested in litigation, I'm encouraged, because that's how we got the attention of the tobacco companies back in the 1990s," said Laura Schmidt, a professor at the Institute for Health Policy Studies at University of California San Francisco.
(McCarthy, ABC News, 12/2; Knight, New York Times, 12/2; Bush, NBC News, 12/2; Associated Press/NPR, 12/3; Sorace, FOXBusiness, 12/3)
Create your free account to access 1 resource, including the latest research and webinars.
You have 1 free members-only resource remaining this month.
1 free members-only resources remaining
1 free members-only resources remaining
You've reached your limit of free insights
Never miss out on the latest innovative health care content tailored to you.
You've reached your limit of free insights
Never miss out on the latest innovative health care content tailored to you.
This content is available through your Curated Research partnership with Advisory Board. Click on ‘view this resource’ to read the full piece
Email ask@advisory.com to learn more
Never miss out on the latest innovative health care content tailored to you.
This is for members only. Learn more.
Never miss out on the latest innovative health care content tailored to you.