San Francisco sues ultra-processed food manufacturers

SAN FRANCISCO (CN) — San Francisco sued some of the largest food manufacturers on Tuesday over the sales tactics of ultra-processed foods, accusing the corporations of knowingly selling products that cause serious health conditions.

In the first-of-its-kind lawsuit, filed in San Francisco Superior Court, the city claims the “unfair and deceptive” marketing of ultra-processed foods violates California’s Unfair Competition Law and public nuisance statute. The city also argues that ultra-processed food has imposed on the public health care system, with states and cities taking up much of the burden.

“These companies created a public health crisis with the engineering and marketing of ultra-processed foods,” San Francisco City Attorney David Chiu said in a statement.

“They took food and made it unrecognizable and harmful to the human body. We must be clear that this is not about consumers making better choices. Recent surveys show Americans want to avoid ultra-processed foods, but we are inundated by them. These companies engineered a public health crisis, they profited handsomely, and now they need to take responsibility for the harm they have caused.”

The defendants in the lawsuit include Kraft Heinz Company, which makes Kool-Aid and Lunchables; Mondelez International, which makes Chips Ahoy, Oreos and Sour Patch; and Kellogg, which makes cereals, Pop-Tarts and Pringles. It also names General Mills and Post Holdings, along with the Coca-Cola Company, PepsiCo, Mars Inc. and ConAgra Brands.

The city claims ultra-processed foods, including candy, chips, processed meats, sodas, energy drinks, boxed macaroni and cheese and breakfast cereals, are “designed to be cheap, colorful, flavorful, and addictive.” The city further claims “addictiveness is a feature” of ultra-processed foods and that food manufacturers are “tricking us into eating ourselves to death.”

The city also claimed that the companies have “created a public health crisis,” arguing that consuming ultra-processed foods can be directly tied to health risks, including obesity, Type 2 diabetes, heart disease and cancer. The city additionally accuses the companies of deliberately targeting children, communities of color and low-income consumers, copying the playbook of Big Tobacco.

“They relentlessly promoted these dangerous products, made untold billions of dollars from doing so, and then they left taxpayers to foot the bill for the resulting public health crisis,” the city says in the complaint. “The nationwide epidemic of these preventable diseases, especially among children, has a clear origin — defendants’ conduct. And this conduct has significantly contributed to a serious public health problem in San Francisco.”

The city is asking the court to block the companies from “deceptive marketing.” They are also seeking an unspecified amount of damages to help offset the “astronomical health care costs associated with ultra-processed food consumption.”

The city is represented by the San Francisco City Attorney’s Office, Andrus Anderson LLP, DiCello Levitt LLP and Morgan & Morgan P.A.

Representatives for the companies did not immediately respond to a request for comment.

Follow @mhattridge_