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Written By: Robert King, Esq.
The Ultra Processed Foods Lawsuit Is An Active Lawsuit
See If You Qualify!

Settlements may be offered to people who file lawsuits against ultra-processed food (UPF) and beverage manufacturers. Manufacturers would pay settlements to avoid having these lawsuits go to trial. As the number of children diagnosed with diseases linked to consumption of ultra-processed foods and junk food increases, there will be more lawsuits filed against food companies. As these lawsuits move through the legal process, it is likely manufacturers will offer settlements to resolve lawsuits filed by some plaintiffs. This page will discuss updates on ultra-processed-food settlements, factors that may determine the potential payout, and who may be eligible for a settlement.

Settlement Updates For Ultra Processed Food Lawsuits – May 2025

April 14, 2025: Arizona Governor Signs Law Prohibiting Selling or Serving Ultra-Processed Foods in Schools

Governor Katie Hobbs signed the “Arizona Healthy Schools Act” into law, which prohibits Arizona public schools from selling or serving ultra-processed foods during the normal school day. House Bill 2164 emphasizes the importance of children receiving nutritious snacks and meals that are minimally processed and contain primarily whole foods. Beginning in the 2026-2027 school year, Arizona schools will be unable to provide foods or drinks containing ingredients like potassium bromate, titanium dioxide, yellow dye 5, and red dye 40. As more states recognize the harmful effects of ultra-processed foods and take action to regulate them in schools, it may push manufacturers to settle claims in order to avoid potentially large jury awards.

April 8, 2025: New Study Suggests Consuming Highly Processed Foods May Be Linked to Structural Changes in the Brain

A new study suggests that the consumption of ultra-processed foods may not only be linked to an increased risk of obesity, diabetes, cognitive decline, and cardiovascular disease but also to structural changes in the brain. The findings, published in npj Metabolic Health and Disease, indicate that consuming a large amount of UPFs may be connected to changes in brain regions that regulate eating behavior. As more research suggests the dangerous nature of ultra-processed foods, plaintiffs may be offered settlements to resolve their ultra-processed food lawsuits.

March 31, 2025: Motion to Dismiss Filed in First-of-Its-Kind Ultra-Processed Foods Lawsuit

Defendants, in what is believed to be a pioneering ultra-processed foods lawsuit, have filed a motion to dismiss the case. The Omnibus Motion to Dismiss was filed in the United States District Court for the Eastern District of Pennsylvania. It alleges that the complaint filed on behalf of the plaintiff, Bryce Martinez, fails for a number of reasons, including that it lacked causation by not indicating which specific foods and drinks caused his type 2 diabetes and fatty liver disease.

The motion is one of the first tests to determine the strength of the lawsuit. Many legal experts believe the case will continue despite this motion, which is common in these types of lawsuits, although an amended complaint may be filed in the future. It is expected that additional lawsuits may be filed in the coming months. If the motion to dismiss is unsuccessful, these lawsuits may be consolidated into multi-district litigation (MDL) or a class action. If so, manufacturers may be more apt to provide settlements to resolve cases and avoid a more significant jury award.

About Ultra-Processed Food Lawsuit Settlements:

Why Would Ultra-Processed Food Makers Pay Settlements?

Food manufacturers would pay settlements to plaintiffs in ultra-processed food lawsuits to avoid the case going to a jury trial. Trials can be expensive for all parties involved. Makers of ultra-processed foods may choose to settle lawsuits to avoid the time and expense. However, the amount paid in these settlements could be substantial, as science is demonstrating how processed foods can harm children and teens and what these companies did to hide those harms.

Research continues to grow concerning the harmful effects of ultra-processed foods, prompting action from regulators. It has also led to lawsuits being filed against manufacturers of these products. Ultra-processed food lawsuits are expected to rival those filed against big tobacco companies in the 1990s. In fact, many ultra-processed food manufacturers are subsidiaries of tobacco industry giants such as Philip Morris and R.J. Reynolds. Legal documents filed against these manufacturers allege that the companies used the same deceptive practices to develop and market ultra-processed foods similarly to what they did for tobacco products.

It is expected that ultra-processed food lawsuits will continue to be filed, potentially numbering in the thousands. If so, these cases may be consolidated into a multi-district litigation (MDL) or a class action lawsuit. Defendants in large group filings may be more apt to pay settlements to avoid further litigation and substantial jury awards.

Why Did People File Lawsuits Against Ultra-Processed Food Manufacturers?

People are filing lawsuits against ultra-processed food manufacturers, alleging the violation of several legal principles. Cases revolve around the accusation that these companies knew or should have known that the ultra-processed foods they manufactured were dangerous to human health, especially to the health of children. Additionally, the companies failed to warn consumers about the potential harm and concealed the safety risk. Finally, the lawsuits accuse the companies of intentionally marketing products to children despite knowing the dangers of ultra-processed foods (UPFs) in kids and teens.

Here are some of the legal grounds for filing lawsuits against makers of highly processed foods:

  • Negligence: Legal documents allege ultra-processed food manufacturers knew or should have known that their products were dangerous, engineered to be addictive, and increased the risk of obesity, fatty liver disease, and type 2 diabetes in children.
  • Failure to Warn: UPF manufacturers are accused of failing to warn consumers about the dangers associated with eating their products. Legal documents suggest that the companies knew that their food products were addictive and that overconsumption would lead to long-term adverse health conditions but did not inform consumers about the risk.
  • Breach of Warranty: People are also filing lawsuits against UPF manufacturers, alleging they breached expressed and implied warranties by placing their defective products on the market and advertising the UPFs as safe, wholesome, or natural.
  • Negligent and Fraudulent Misrepresentation: Lawsuits accuse companies of negligent misrepresentation by failing to provide consumers with accurate information about their products, promoting them as safe, and marketing them to adolescents despite knowing the harmful effects of UPFs on children.
  • Fraudulent Concealment: According to legal documents, UPF manufacturers concealed material facts about their products, including that they were designed to be addictive and over consumed.
  • Unfair Trade Practices: Defendants in UPF lawsuits are accused of violating unfair trade practices and consumer protection laws by misrepresenting their products as safe for consumption and advertising benefits or standards they do not have.

Which Manufacturers Will Pay Ultra-Processed Food Settlements?

Despite the sheer number of food products available in most grocery stores, there are a handful of companies producing most of those ultra-processed foods. In fact, a handful of corporations, including Kraft Heinz, PepsiCo, General Mills, Conagra, and Kellogg, make around 80% of the processed foods available to American consumers.

Food manufacturers who may pay settlements in ultra-processed food lawsuits include:

  • Kraft Heinz
  • Mondelez
  • PepsiCo
  • Coca-Cola
  • Nestlé
  • Kellogg’s
  • Kellanova
  • Mars
  • General Mills
  • ConAgra
  • Post Holdings

Legal documents reveal that many of the major UPF manufacturers are owned by Big Tobacco companies, such as Philip Morris and R.J. Reynolds. These manufacturers, and others who produce highly processed foods such as frozen pizzas, prepared foods, salty snacks, sodas, and packaged desserts, may have to pay consumers for the damages these foods inflicted on many children.

Defendants Listed in Current Ultra-Processed Food Lawsuits

Global food manufacturers, including Kraft Heinz, Mars, Nestle, and General Mills, have been named in the current ultra-processed foods. Allegations against the companies suggest their products, such as sugary breakfast cereals, instant soups, sweetened fruit juices, energy drinks, chips, and cookies, were designed to be addictive and have led to serious health issues, particularly in children. Lawsuits against these companies may grow into the thousands and may result in significant settlements for affected families.

Infographic providing information on allegations, defendants, injuries, and eligibility in a ultra-processed foods lawsuit.

Research consistently shows that consuming large amounts of ultra-processed foods can lead to serious, long-term health concerns, including pediatric type 2 diabetes and non-alcoholic fatty liver disease (NAFLD). Prior to the rise in availability and consumption of UPFs, these conditions were almost exclusively found in adults. Today, however, a significant number of children and teens are being diagnosed with these diseases. Individuals and parents of children affected by these diet-related conditions have filed lawsuits against UPF manufacturers. Litigation against these companies is in its early stages, with eligibility criteria likely to evolve as the lawsuits progress.

Ultra-Processed Foods and Type 2 Diabetes

A study published in Diabetologia found that type 2 diabetes affects approximately 6.1% of the population or 529 million people. The number of children and adults diagnosed with the condition has risen across the globe recently. While several factors may contribute to this epidemic, many experts point to the increased availability and intake of ultra-processed foods. The research also found that a 10% increase in a person’s intake of UPFs was related to a 12% greater risk of type 2 diabetes.

Non-Alcoholic Fatty Liver Disease and UPFs

A study published in Hepatology Communications found that non-alcoholic fatty liver disease now affects 1 in 10 kids and 1 in 3 adults, suggesting a significant increase in the disease. The study found that a higher intake of ultra-processed foods was linked to an increased risk of non-alcoholic fatty liver disease in both children and adults. This and other studies point to the idea that UPFs may be one of the reasons for the marked increase in this condition. As with type 2 diabetes, NAFLD was once diagnosed primarily in adults. Now, NAFLD is common in children. The increase in pediatric cases may be connected with the increased consumption of UPFs.

Who Will Be Eligible for Ultra-Processed Food Settlements?

It is anticipated that some ultra-processed food lawsuits may result in settlements. However, in order to take legal action against a UPF manufacturer, individuals must meet certain eligibility requirements. Due to these lawsuits being in their infancy, eligibility criteria may change as these cases continue to develop.

Parents of children diagnosed with a condition related to UPF intake, including type 2 diabetes or non-alcoholic fatty liver disease, may be eligible to file a lawsuit against ultra-processed food manufacturers. In addition, adults who were diagnosed with one of these conditions as children may also be eligible. It is essential to discuss your case with an attorney to determine if you might qualify for a UPF settlement.

What Foods Will Qualify for Ultra-Processed Food Settlement?

In addition to being diagnosed with a qualifying condition, individuals will need to be able to prove ultra-processed food consumption. Major food and beverage corporations such as PepsiCo, Kraft Heinz, Nestle, Post Holdings, and Mars are facing legal action. Individuals who consumed ultra-processed food manufactured by these and other companies may be eligible to file a lawsuit.

Qualifying foods for an ultra-processed food settlement may include:

  • Sodas and sugary juices
  • Energy or sports drinks
  • Frozen pizzas
  • Packaged snacks and desserts
  • Instant soups
  • Sweetened breakfast cereals and granola bars
  • Frozen precooked meals or frozen fried meats like chicken nuggets
  • Most packaged ice cream or frozen desserts
  • Mass-produced breads
  • Fruit-flavored or sweetened yogurts
  • Processed meats, including Lunchables

How Much Will Settlements From Ultra-Processed Food Lawsuits Be?

It is anticipated that settlements in ultra-processed food lawsuits may range between $50,000 and $250,000. However, individual payouts are expected to vary significantly and will be influenced by a number of factors. It is imperative to discuss a potential UPF case with an experienced attorney who could provide an estimated case value based on the individual circumstances of the claim.

Factors that may influence an ultra-processed food settlement:

  • Extent of the injuries: Individuals with more severe injuries related to UPF intake are more likely to receive higher payouts. For instance, a child whose type 2 diabetes has substantially impacted their life and resulted in long-term complications may be eligible for a larger payout.
  • Type of litigation: Settlements may also depend on the type of litigation. If cases are consolidated into multi-district litigation, UPF manufacturers may be more willing to settle cases in an effort to avoid prolonged litigation or the court of public opinion.
  • Number of cases: Potential payouts may also be affected by the overall number of cases that are filed against UPF manufacturers. If the lawsuits against these corporations grow, they may want to settle cases promptly.
  • Jurisdiction: Jurisdiction often plays an important role in the outcome of litigation. Some courts are considered more plaintiff-friendly than others.
  • Case precedent: If any UPF lawsuits resolve, it could set the precedent for future cases. However, it is imperative to note that outcomes in prior cases do not automatically determine the outcome of similar cases in the future.
  • Ability to Establish Connection: Plaintiffs must be able to establish a connection between their condition and their consumption of highly processed foods. Individuals who can prove overconsumption of junk foods and their negative impact on their health may have a stronger claim.

What Factors Will Determine the Payout from an Ultra-Processed Food Lawsuit?

Several factors may determine the payout from an ultra-processed food lawsuit. These factors include the type of litigation, the number of cases filed, and the jurisdiction where the matter is being heard. One of the most critical factors, however, is the extent of the injury. The extent of the injury, such as its long-term effects and recommended care and treatment, is one of the best indicators for determining the potential settlement.

Injury factors that may influence the payout in an ultra-processed food lawsuit:

  • Severity of the injury or injuries
  • Long-term effects of the injury
  • Past, present, and future treatment requirements and complications

When Will Settlements Happen in Ultra-Processed Food Lawsuits?

Settlements in an ultra-processed food lawsuit may occur at any time as claims are filed and work their way through the legal process. While there is no exact timeline for a settlement, it is important to note that cases may take a year or more from the date the lawsuit is filed to resolve. Since UPF lawsuits are in their early stages, it is expected that settlements will not occur for a few years, as it will take time to go through the legal requirements and discovery process.

Infographic showing the order and steps that take place in a multi-district litigation before a settlement is reached.

What Stage Are Ultra-Processed Food Lawsuits In?

Ultra-processed foods are in their preliminary stages, meaning cases have only recently been filed against major food and beverage companies. Attorneys have begun to file these cases at the state court level. These cases must go through pre-trial motions, discovery, and a thorough legal process before they are resolved.

As additional lawsuits are filed, cases may be joined into a class action lawsuit or multi-district litigation (MDL). An MDL helps to streamline the pre-trial process. If the cases are consolidated, an attorney can help to determine whether eligibility requirements are met and how to join existing litigation.

What Needs to Happen Before Settlements Occur?

Several steps must happen before a settlement can be expected in an ultra-processed food lawsuit. Building a viable case against major corporations takes experience, time, and diligence. These cases can take a year or more to resolve. This gives attorneys enough time to gather and review evidence, take depositions, meet with expert witnesses, and establish a strong case to present at court.

Will Cases Be Consolidated into Multi-District Litigation?

Depending on the number of cases filed, lawsuits may be consolidated into multidistrict litigation (MDL) prior to any settlement offers being made. An MDL is a court process that helps to streamline the pre-trial process and prevent inconsistent opinions. A motion must be made for an MDL to be ordered. At the district level, the Judicial Panel on Multidistrict Litigation then considers the motion and determines whether to order the consolidation or deny the motion.

Will There Be Settlements in 2025?

Due to UPF lawsuits being in their preliminary stages, it is unlikely that there will be settlements in 2025. Cases filed against corporate food conglomerates take time; it may take months or even years to gather the evidence necessary to prove a claim. In these types of lawsuits, the legal process will need to fully develop before a case can be resolved. Affected individuals, however, can continue to file lawsuits against UPF manufacturers.

Will There Be Settlements in 2026?

Due to the early stages of ultra-processed food lawsuits it is unlikely that there will be settlements in 2026. However, a small number of cases may reach a settlement by the end of the year. An attorney can help provide information about a potential timeline for settlement based on the specific facts of the case.

Infographic explaining what can influence a settlement in an ultra-processed food lawsuit and if a minor can receive a settlement. Image of a lawsuit claim form and a gavel on a white table.

Can Minors Receive Settlements from Ultra-Processed Food Lawsuits?

In many cases, parents are able to file lawsuits on behalf of their minor children who have been diagnosed with a UPF-related condition, such as pediatric type 2 diabetes or non-alcoholic fatty liver disease. Minors may be able to receive settlements for the case filed on their behalf by a parent or guardian. Parents’ ability to access the payout depends on a number of factors, including the amount of the award and any regulations that are put in place at the time the settlement is arranged.

Other factors that may affect when a person can access settlement funds include what the award was based on. For instance, money allocated for past medical bills can be accessed quicker in order to pay off outstanding bills or compensate a parent for out-of-pocket expenses, whereas money for future medical bills may be released at a later date.

Potential expenses for children diagnosed with type 2 diabetes or NAFLD:

  • Compensation for medical bills, including surgeries or hospital stays related to the condition
  • Costs for specialist consultations or treatment
  • Prescription drug coverage
  • Future care and treatment related to the diagnosis
  • Money for any out-of-pocket losses
  • Payment for any necessary home modifications caused by the UPF-related injury
  • Compensation for diagnostic tests, imaging, or scans
  • Costs related to insulin therapy for children diagnosed with type 2 diabetes or medical treatments for pediatric NAFLD

Can Adults Receive A Settlement For Their Own Injuries?

Adults who consumed high levels of ultra-processed foods and were diagnosed as children with diet-related conditions, such as type 2 diabetes or non-alcoholic fatty liver disease, may also be eligible to file a lawsuit. The eligibility criteria, however, may vary, particularly as UPF lawsuits continue to progress. The deadline for filing a UPF lawsuit will be strict for adults and should be reviewed by an attorney as soon as possible. Statutes of limitations in these cases are state-specific, making prompt action imperative.

Contact A Lawyer Representing Ultra-Processed Food Lawsuits to Pursue A Settlement

Individuals or parents of children who have been diagnosed with a pediatric condition related to ultra-processed food intake, including type 2 diabetes and non-alcoholic fatty liver disease, are encouraged to contact King Law to schedule a free case review. During the consultation, the legal team will help to assess the viability of the case, discuss the potential for compensation, and walk you through the legal process for how to file an ultra-processed food lawsuit.

King Law and our legal partners are well-versed in mass tort litigation and always fight for fair compensation for their clients. Cases are accepted on a contingency-fee basis, meaning there are no upfront costs or fees, and clients only pay if money is recovered on their behalf. Contact King Law today at (585) 496-2648 to schedule a free UPF lawsuit consultation.

Frequently Asked Questions (FAQs)

Who is eligible to receive a settlement from an ultra-processed food lawsuit?
Adults and parents of children who have been diagnosed with type 2 diabetes or non-alcoholic fatty liver disease caused by the consumption of ultra-processed foods may be entitled to receive a settlement in a lawsuit. It is important to note that as these lawsuits progress, the eligibility criteria may evolve. Taking prompt action by consulting with an attorney is critical to determining eligibility.
How much money will I receive from an ultra-processed food lawsuit?
Settlements in ultra-processed food lawsuits are expected to range between $50,000 and $250,000. However, individual payouts will vary significantly depending on the individual circumstances of the case and factors such as the severity of the injury and whether the condition had a long-term impact on a person’s health.
How long will I have to wait for a settlement payment from an ultra-processed food lawsuit?
It could take a year or more to resolve an ultra-processed food lawsuit due to the complex nature of these kinds of cases. It is important to consult with an attorney about the estimated time it may take to receive a settlement in your case.
What companies will have to pay settlements in ultra-processed food lawsuits?
Major food and beverage corporations such as Conagra Brands, General Mills, Kellanova, Kraft Heinz, Mars Incorporated, Mondelez International, Nestle, PepsiCo, Post Holdings, and Kellogg Co. are facing litigation related to their manufacturing and marketing of ultra-processed foods. As these cases progress, these and other UPF manufacturers may pay settlements to resolve these lawsuits.
Which ultra-processed foods will be part of settlements?
Since ultra-processed food lawsuits are still in their preliminary stages, it is not yet known the total number of foods that will be part of settlements. Repeated consumption of foods like frozen pizzas, instant soups, sugar-added yogurts, sodas, sports drinks, sweetened juices, processed meats, and packaged snacks may make someone eligible, if they have a qualifying illness.
How quickly will I get my ultra-processed food settlement?
It is expected that ultra-processed food settlements will take a year or more to receive. The lawsuits are complex and require a significant amount of research, evidence, and witness testimony. Since the cases remain in their earliest stages, settlements are projected for a year or more away.
Does my child qualify for a settlement from an ultra-processed food manufacturer?
Children who were diagnosed with an ultra-processed food-related condition, such as type 2 diabetes or non-alcoholic fatty liver disease. may qualify for a settlement from a UPF manufacturer. The best way to determine eligibility in a UPF lawsuit is by consulting an experienced attorney.
Do I qualify for a settlement from an ultra-processed food lawsuit if I was diagnosed with an illness as a child?
Adults who were diagnosed with a diet-related condition as a child, such as type 2 diabetes or non-alcoholic fatty liver disease, may qualify for a settlement. Potential plaintiffs must show that they consumed UPFs and that their consumption was a factor in their illness. Strict deadlines may apply to these cases, making it imperative to consult with an attorney as soon as possible.