San Francisco Sues Major Processed Food Companies

The city of San Francisco has filed a lawsuit against 10 major food manufacturers, alleging that the widespread sale and marketing of ultraprocessed foods has created a public health crisis and increased health care costs for local governments. The complaint says companies including Coca-Cola, Nestlé, PepsiCo, Kraft Heinz, Post Holdings, Mondelez International, General Mills, Kellogg, Mars Incorporated, and ConAgra Brands have violated California’s Unfair Competition Law and public nuisance statute through the production and promotion of these foods.

The city argues that ultraprocessed products are linked to conditions including Type 2 diabetes, fatty liver disease and cancer. “These companies engineered a public health crisis, they profited handsomely, and now they need to take responsibility for the harm they have caused,” David Chiu, San Francisco City Attorney, said in a news release. The suit also cites research showing these foods are designed to stimulate cravings and encourage overconsumption through formulations of chemically manipulated cheap ingredients with little if any whole food added.

The legal action seeks a court order preventing deceptive marketing, requiring consumer education on health risks and restricting advertising to children. It requests financial penalties to help cover health care costs associated with consumption of ultraprocessed products. Beyond monetary damages, San Francisco asks the court to require companies to ameliorate the effects of their prior false marketing, including possible subsidies for healthy food in low-income communities.

San Francisco compares the lawsuit to decades of litigation over tobacco and opioids that produced settlements worth hundreds of billions of dollars. However, the case may be more complex. There is no single federal definition of ultraprocessed food, and products covered could range from soda and chips to items perceived as healthier, such as granola bars or yogurt. 

The action follows increasing scrutiny at the state and federal levels. In October, Gavin Newsom, California Governor, signed a law to phase out certain ultraprocessed foods from school meals over the next decade, becoming the first state to define the term in statute, although key parameters remain unresolved. The Food and Drug Administration is also reviewing how to define ultraprocessed foods as consumer pressure grows. Separately, Robert F. Kennedy Jr., US Health Secretary, has promoted removing such items from the Supplemental Nutrition Assistance Program as part of his Make America Healthy Again platform.