Morgan & Morgan Files Lawsuit over Allegedly Harmful, Addictive Ultra-Processed Foods

[Philadelphia, PA] – Morgan & Morgan has filed a first-of-its-kind lawsuit against food industry behemoths Kraft Heinz Company, Mondelēz International, Inc., and others alleging they specifically engineer their ultra-processed food products to be addictive and market those products towards children, allegedly causing chronic disease in children.

In the attached lawsuit, plaintiff Bryce Martinez alleges the actions of Kraft Heinz, Mondelēz International, Inc. and others caused him to develop Type 2 Diabetes and Non-Alcoholic Fatty Liver Disease by age 16. As a result of Defendants’ alleged actions, the lawsuit alleges that Mr. Martinez suffers from severe chronic illness and will live the rest of his life sick, suffering, and getting sicker.

Diseases such as Type 2 diabetes and fatty liver disease, both of which were nearly unheard of in children 40 years ago, now affect the lives of thousands of American children. The complaint details the strategic and calculated actions that Kraft Heinz, Mondelēz and others allegedly took to target children with addictive ultra-processed foods, including internal memos, strategic meetings and the extensive research they allegedly conducted to leverage our biology and neurology to create addictive substances. 

The lawsuit references scientific research that found that when compared to less processed foods, ultra-processed foods significantly increase disease risks, even if they have the same amount of fat, sugar, salt, carbohydrates and other nutrients as comparable, less processed foods.  

“The story of ultra-processed foods is an egregious example of companies prioritizing profits over the health and safety of the people who buy their products,” said Morgan & Morgan partner Mike Morgan. “The consequences of these companies’ alleged actions have allegedly harmed thousands of children and families. Executives at the defendant companies have allegedly known for at least a quarter-century that ultra-processed foods would contribute to illnesses in children, but these companies allegedly ignored the public health risks in pursuit of profits.”

Ultra-processed foods are industrial formations made entirely or mostly from substances extracted from foods or synthesized in laboratories. These became widespread in the 1980s and 1990s after big tobacco companies bought food conglomerates. Big tobacco companies dominated the American food system for decades and allegedly used similar strategies to develop and market ultra-processed foods as they did to increase cigarette sales – including by doing extensive research on the human brain’s responses to addictive chemicals. 

Studies show that ultra-processed foods make up more than 73 percent of the food in the United States’ food supply and 67 percent of American children’s diets on average. At least 14 percent of adults and 12 percent of children in the U.S. allegedly demonstrate behavioral indicators of addiction in response to ultra-processed foods. The lawsuit alleges the problem remains pervasive among American children due to the food industry’s targeted marketing toward children.

“The defendants allegedly maximized their profits at the expense of the health of American children,” said Morgan & Morgan attorney Rene Rocha. “These companies allegedly use the tobacco industry’s playbook to target children, especially Black and Hispanic children, with integrated marketing tie-ins with cartoons, toys and games, along with social media advertising. Our goal is to hold these companies responsible for their alleged efforts to make ultra-processed foods as addictive as possible and get them into the hands of children.”

The lawsuit is the culmination of more than a year of research and investigation, and the complaint cites dozens of studies that demonstrate the widespread health effects of ultra-processed foods including cancers, cardiovascular disease, irritable bowel syndrome, dementia and adverse mental health outcomes. 

In addition to Kraft Heinz and Mondelēz, the litigation will seek accountability from other major food and beverage companies allegedly employing similar technologies and strategies as the tobacco industry.