Dive Brief:
- Kraft Heinz, PepsiCo and other packaged food giants have been named in a consumer lawsuit claiming their products are designed to be addictive.
- The complaint filed in the U.S. District Court for the Eastern District of Wisconsin seeks $1 billion in damages. It argues ultraprocessed foods are scientifically engineered to be addictive and that companies took a page out of the tobacco industry's playbook when marketing them to children.
- This is the second consumer lawsuit targeting ultraprocessed foods. It comes a few months after San Francisco filed the first government lawsuit on the issue, claiming food manufacturers engineered a “public health crisis.”
Dive Insight:
Recent government and consumer lawsuits aim to compare the processed food sector to the tobacco industry, where litigation has led to billions of dollars in settlements and restrictions on marketing.
One of the biggest challenges so faris that it's been difficult to prove the connection between health issues and processed foods. Last fall, a judge threw out the first consumer lawsuit against packaged food giants. The court determined the complaint was “woefully deficient” because the plaintiff failed to prove ultraprocessed foods caused his injuries and instead focused on the addictive nature of these products.
In the most recent complaint, attorneys tried to address those concerns by detailing the connection between processed food consumption and health problems. Plaintiff Olivia Kreie, a woman in her early 20s, said she was diagnosed with Type 2 Diabetes in 2016. The "disease did not exist in children prior to the tortious and unlawful conduct" of processed food companies, she said.
The lawsuit also lists packaged foods Kreie frequently consumed prior to her diagnosis, ranging from drinking Kraft Heinz's Capri Sun four times a year to eating General Mill's Reese's Puffs five times a week. The complaint names 12 major food companies, including Kraft Heinz, Mondelēz International, Post Holdings, Coca-Cola, PepsiCo, General Mills, Nestle, Kellanova, Kellogg, Mars Incorporated, Conagra Brands and Unilever.
Food companies have repeatedly fought back against consumer and government challenges, including the recent lawsuit from San Francisco's attorney general.
Last week, a PepsiCo attorney successfully persuaded a judge to move the case back to state court instead of the federal arena. This meant a ruling against food companies would lead to damages paid to San Francisco rather than California.
Companies have also seen early success in challenging state laws targeting artificial ingredients and additives used in ultraprocessed foods, temporarily blocking legislation in Texas and West Virginia.
