The City of San Francisco filed a groundbreaking lawsuit this week against ten companies making popular CPG products, claiming that these ultra-processed foods (UPFs) are dangerous and linked to chronic health issues like Type 2 diabetes, liver disease and cancer.
The companies named in the lawsuit represent a huge swath of popular food brands produced by: Coca-Cola, ConAgra Brands, Kellogg, Kraft Heinz Company, General Mills, Mars Incorporated, Mondelez International, Nestle USA, Pepsico and Post Holdings.
Filed by City Attorney David Chui, the goal of the suit is to “obtain restitution and civil penalties to recover the enormous cost borne by governments, public health costs that stem from chronic diseases due to ultra-processed foods.”
The San Francisco’s City Attorney’s office has won landmark lead paint and tobacco lawsuits in the past. The parallels to the tobacco lawsuits were made clear when Chui remarked that these companies have taken the “addiction science and marketing techniques that filled the big tobacco playbook”.
This comes on the heels of national pressure from the U.S. Health Secretary Robert F. Kennedy Jr. who has been outspoken against ultra-processed foods and their links to chronic diseases.
A recent study using dietary data from 2021 to 2023 by the U.S. Centers for Disease Control and Prevention showed that most Americans get almost 55% of their calories from ultra-processed foods. This is about 53% for adults, but represents almost 62% for kids up to age 18. But it also represents almost 90% of the energy we get.
The Consumer Brands Association, a trade group representing food manufacturers responded with a statement that “There 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.”
There isn’t an exact cut off for what constitutes ultra-processed food – because the science behind methods of food production and storage is constantly improving. Generally it implies industrial formulations using processes and ingredients not typically used at home with lower nutritional value.
Ultra-processing adds preservatives, stabilizers, additives, and artificial colors. The final engineered product is more palatable, digestible, convenient and has a longer shelf life. Generally UPFs are high in added sugar, salt, and saturated fat.
Inflation contributes to this issue as well. Compared to whole foods, UPFs are cheaper by caloric energy price. Ultra-processed foods cost roughly 55 cents per 100 calories, compared with $1.45 for unprocessed foods.
Not all UPFs are made equal. Many milk alternatives are USPs made with industrial processes. You might be surprised to know that whole grain breads, many yogurts, and instant oatmeal are UPFs. But so are sodas. Obviously there is a huge difference in nutritional value and health metrics which makes blanket policies and regulation hard.
Consumer Product Goods companies within and outside this lawsuit are headed into what looks to be a protracted discussion on the future of food and nutrition in the U.S. and globally.
