Kraft Heinz, Nestle, Others Sued Over Marketing of Ultra-Processed Foods to Children

Case Overview: A class action lawsuit claims Kraft Heinz, Nestle, and other food companies misled consumers about the health risks of ultra-processed foods, contributing to serious health conditions in children.

Consumers Affected: Consumers who have been harmed by the consumption of ultra-processed foods.

Court: Court of Common Pleas of Philadelphia County, Pennsylvania

Kraft Heinz, Nestle, and other leading food companies are facing allegations of promoting ultra-processed foods (UPF) to children in ways that contribute to serious health conditions. 

The lawsuit, filed by Pennsylvania resident Bryce Martinez in the Court of Common Pleas of Philadelphia County, claims that these companies' marketing practices led to his development of Type 2 diabetes and non-alcoholic fatty liver disease by age 16.

Plaintiff Alleges Harm from Ultra-Processed Foods

Martinez asserts that these companies knowingly designed their products to appeal to children while being aware of the risks associated with UPF consumption. The plaintiff claims that consistent exposure to marketing campaigns influenced his dietary habits, causing serious health complications. The filing accuses the companies of deliberately engineering UPF to trigger cravings, making it difficult for consumers to limit their intake.

“Ultra-processed foods are dangerous not only because of their nutritional content but due to their structural design,” the lawsuit states. The complaint argues that these risks cannot be avoided by simply selecting lower-calorie or lower-fat options, as the issue lies in how the foods are manufactured.

Ultra-Processed Foods Contribute to Serious Health Conditions

The lawsuit describes UPF as industrially created substances made by chemically modifying whole foods and reassembling them with additives. Products classified as UPF are alleged to contribute to chronic conditions such as heart disease, diabetes, and obesity. These foods, marketed as convenient snacks or meals, reportedly dominate children’s diets in the United States, replacing more traditional and nutritious options.

According to the filing, UPF consumption significantly increases the risks of various health conditions, even when adjusted for factors such as sugar, salt, and fat content. The structural properties of these foods, the lawsuit alleges, disrupt normal physiological responses and exacerbate health problems.

Food Companies Accused of Targeting Children with UPF Marketing

The lawsuit claims that companies, including Kraft Heinz, Nestle, PepsiCo, and General Mills, have strategically targeted children through advertising campaigns designed to promote UPF. Martinez alleges that these practices were not only misleading but intentionally created to foster long-term dependence on these products.

A specific 1999 meeting involving representatives from major food manufacturers is cited in the filing. During this meeting, attendees reportedly discussed the public health consequences of UPF but allegedly took no meaningful steps to alter their practices. The companies are accused of prioritizing profit over addressing known health risks associated with their products.

“Instead of taking action, these companies have prioritized profit over health,” the plaintiff argues, asserting that marketing campaigns continue to mislead consumers about the safety of UPF.

Martinez’s lawsuit is the first of its kind to directly challenge food companies for the design and marketing of ultra-processed foods as addictive products targeted at children. Beyond financial compensation, the lawsuit seeks to address the practices that have allegedly contributed to serious health issues among consumers.

Case Details

• Lawsuit: Martinez v. Kraft Heinz Co. Inc., et al.
• Case Number: 241201154
• Court: The Court of Common Pleas of Philadelphia County, Pennsylvania

Plaintiffs' Attorneys

• K. Clancy Boylan, T. Michael Morgan, Rene F. Rocha and Frank Petosa (Morgan & Morgan PA)
• Christopher A. Seeger, Parvin K. Aminolroaya, Frazar Thomas and Dave Buchanan (Seeger Weiss LLP)

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