The ultra-processed food (UPF) industry has been accused of using the courts to block attempts by governments to tackle unhealthy diets. A global investigation has uncovered hundreds of lawsuits launched by UPF companies against policies designed to promote healthier eating habits. This concerted effort by the industry to challenge, weaken or delay public health measures has significant implications for our nation's health.
Since 2010, a total of 235 lawsuits have been lodged across Mexico, Colombia, Brazil, the US and the UK. The investigation found that three-quarters of these legal challenges were brought by UPF manufacturers or their representative trade associations. Notably, 38% of the identifiable cases were filed by just eight major parent corporations, including well-known names like Coca-Cola, PepsiCo, Mondelēz and Kellogg's.
Ultra-processed foods are increasingly linked to adverse health outcomes across all major organ systems and are considered a significant global health threat. With UPF now constituting up to half the average diet in many nations, including the UK, governments have sought to introduce measures such as front-of-pack warning labels, marketing restrictions and junk food taxes to safeguard public health, particularly for children.
Despite public statements from these corporations often professing support for informed consumer choices and a desire to be part of health solutions, the investigation paints a different picture. Although three-quarters of the resolved cases have ultimately been lost by the food giants, the sheer duration of some legal battles has been substantial, cumulatively amounting to nearly 600 years in court.
Experts suggest that these intensive litigation tactics serve other strategic objectives: slowing down policy implementation, deterring countries from enacting further public health measures and intimidating regulators. Marion Nestle, a professor of nutrition, food studies and public health at New York University, drew parallels with the tobacco industry's historical playbook, noting that the lawsuits themselves indicate the effectiveness of public health measures in reducing sales of unhealthy products.