On Tuesday, San Francisco took legal action against Kraft, Mondelez, Coca-Cola, and other manufacturers of ultra-processed foods, accusing them of making Californians ill with their addictive products.
The lawsuit, filed by City Attorney David Chiu in San Francisco Superior Court, claims that these companies used strategies similar to those of the tobacco industry to create and market products designed to hook consumers. It alleges violations of California state laws concerning public nuisance and deceptive marketing practices.
“These companies have created a public health crisis for profit, and it’s time they face accountability for the damage they’ve inflicted,” Chiu stated.
The lawsuit argues that as ultra-processed foods have become more common, there has been a corresponding rise in obesity, cancer, and diabetes rates. It notes that heart disease and diabetes, both associated with these foods, are leading causes of death in San Francisco and are particularly prevalent in minority and low-income communities.
However, representatives from Mondelez, Coca-Cola, and Kraft Heinz have not responded to requests for comments on the suit.
The city’s legal action aims to seek damages and civil penalties to help offset medical expenses. Additionally, it calls for a court order to bar deceptive marketing practices and enforce changes in how these companies operate.
The classification of ultra-processed foods is somewhat debated among researchers, yet it generally includes many packaged snacks, sweets, and soft drinks that rely heavily on processing methods, additives, and industrial ingredients, often lacking in whole food content.
A report from May by U.S. Secretary of Health Robert F. Kennedy Jr. highlighted ultra-processed foods as a factor in the escalating chronic disease epidemic among children in the U.S.
This lawsuit represents a first for a local government asserting that a food company knowingly marketed ultra-processed foods that are harmful and addictive.
San Francisco is being represented in this case by attorneys from Morgan & Morgan, who previously handled a lawsuit involving a Philadelphia man diagnosed with type 2 diabetes and nonalcoholic fatty liver disease at just 16, attributed to his diet of ultra-processed foods.
This previous lawsuit was dismissed in August when a federal judge ruled that the link between the products and the man’s health issues was insufficient, potentially opening the door for more similar claims in the future.
