Ultra-Processed Foods, Health Risks, and Lawsuits: What You Need to Know
If you or a loved one has been harmed by misleading food marketing or dangerous additives, you’re not alone.
Ultra-processed foods (UPFs) are everywhere – cereals, snack bars, “diet” drinks, freezer meals, even items labeled “natural” or “heart-healthy.” As research linking UPFs to serious health risks grows, so do lawsuits against companies that mislead consumers about what’s in their products or how those products affect our health.
This post explains what qualifies as an ultra-processed food, the kinds of legal claims we’re seeing, and how McEldrew Purtell can help you evaluate your options.
What Are Ultra-Processed Foods?
Ultra-processed foods (UPFs) are common in the U.S. and typically have long ingredient lists with many additives, such as sweeteners, preservatives, oils, salt, artificial colors, flavor enhancers, emulsifiers, and preservatives, used to enhance flavor and increase shelf life. These products often contain ingredients not commonly found in home kitchens, including high-fructose corn syrup and hydrogenated oils.
Common examples include:
- Ready-to-eat products
- Packaged snacks (chips, cookies)
- Sugary cereals and breakfast bars
- Soft drinks and energy drinks
- Instant soups and noodles
- Processed meats (hot dogs, deli meats, sausages)
- Frozen meals and desserts
Why Are UPFs a Legal Issue?
- Deceptive or misleading marketing (e.g., “healthy,” “natural,” or kid-focused claims that don’t match the nutrition profile).
- Ingredient misrepresentations (e.g., “real fruit,” “whole grain,” or “no artificial flavors” when labels suggest otherwise).
- Failure to warn or unsafe composition (additives of concern, packaging chemical migration like PFAS, or allergen/labeling gaps).
These cases commonly arise under state consumer-protection statutes, false advertising laws, warranty theories, and, in some circumstances, product liability (design defect or failure to warn).
Health Risks Highlighted in Consumer Materials
Consumer-facing materials emphasize that frequent UPF consumption is linked to serious conditions including obesity, heart disease, diabetes, mental health disorders, sleep problems, nonalcoholic fatty liver disease, cancer, and even premature death. Conditions once rare in children are increasingly common. UPFs are typically low in essential nutrients and high in unhealthy fats, sugars, and salt, and are engineered for convenience and overconsumption.
- Misleading Marketing: Products advertised as “healthy” may contain harmful additives.
- Health Risks: Associations with chronic illness, including type 2 diabetes, non-alcoholic fatty liver disease, and obesity.
- Targeting Children: Brands use cartoon characters, toys, and media partnerships to attract young consumers.
- Corporate Negligence: Despite known risks, companies may prioritize profits over public safety.
What To Do If You’re Concerned
- Document your health issues: keep detailed records of symptoms, diagnoses, and any medical treatments received.
- Gather evidence of consumption: save receipts, packaging, product labels, and screenshots of marketing or social posts.
- Preserve labels: note ingredient lists and Nutrition Facts from the time of purchase (web archives can help).
- Contact McEldrew Purtell for a legal evaluation to understand your rights and potential compensation.
- Stay informed: learn about ingredients in your food and their potential impacts; advocate for policies that promote better labeling.
Could Harm from a UPF Support a Lawsuit?
Potentially, yes especially where a specific representation is misleading or where companies fail to warn about material risks. Stronger cases often include:
- Clear misstatements or omissions likely to deceive a reasonable consumer.
- Evidence of reliance (you purchased based on the claim).
- Medical or financial harm (e.g., unexpected medical bills or paying a premium for a misrepresented product).
- Pattern evidence (similar consumer complaints or regulatory attention).
Possible Remedies
- Economic damages (refunds or “price premium” overpayment).
- Medical costs and related expenses (with appropriate causation evidence).
- Injunctive relief (corrective labeling/warnings).
- Attorneys’ fees under some consumer-protection statutes.
- Punitive damages where permitted and the conduct is egregious.
How McEldrew Purtell Can Help
- Rapid label & advertising review (packaging, digital ads, influencer posts).
- Scientific and regulatory analysis with nutrition, toxicology, and regulatory experts.
- Medical-causation strategy with treating providers and independent experts.
- Assessment of individual injury claims and class-action options.
- No upfront cost case evaluations.
