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San Francisco Sues Oreo, Coca-Cola, KitKat In First-Ever Lawsuit Over Ultra-Processed Foods

The lawsuit links the rise of ultra-processed foods to increasing rates of obesity, diabetes and cancer.

San Francisco Sues Oreo, Coca-Cola, KitKat In First-Ever Lawsuit Over Ultra-Processed Foods
The lawsuit includes the makers of Coca-Cola, Oreo cookies, Sour Patch Kids, Kit Kat, more.

San Francisco has launched a groundbreaking legal challenge against some of the world's biggest packaged food and beverage manufacturers, alleging that years of knowingly marketing ultra-processed foods have contributed to a public health crisis, reported The New York Post. The lawsuit, filed by City Attorney David Chiu, claims that household names such as Kraft, Nestle, Mondelez and Coca-Cola engineered products in ways that made them addictive, all while downplaying their health risks.

"Engineering A Public Health Crisis"

According to the lawsuit, filed in San Francisco Superior Court, the companies used tactics reminiscent of those once associated with the tobacco industry - designing, formulating and promoting foods to keep consumers hooked. Chiu alleges the companies violated California laws relating to deceptive marketing and public nuisance.

Chiu named 10 companies in the lawsuit, including the makers of such popular foods as Oreo cookies, Sour Patch Kids, Kit Kat, Cheerios and Lunchables.

"These companies engineered a public health crisis, they profited handsomely, and now they need to take responsibility for the harm they have caused," Chiu said in a statement, as quoted by the New York Post.

The lawsuit links the rise of ultra-processed foods to increasing rates of obesity, diabetes, and cancer. Chiu's office notes that heart disease and diabetes remain among San Francisco's leading causes of death, with disproportionate impact on low-income and minority communities.

Representatives from Mondelez (maker of Oreos), Kraft-Heinz and Coca-Cola did not offer immediate comment, the New York Post reported.

Industry Pushback: "No Agreed Definition"

The Consumer Brands Association, which represents many of the companies named, criticised the lawsuit. Sarah Gallo, senior vice president of product policy, said there is "currently no agreed-upon scientific definition of ultra-processed foods," adding that categorising foods as unhealthy solely due to processing "misleads consumers and exacerbates health disparities."

What Exactly Are Ultra-Processed Foods

The term remains debated, but researchers often use it to describe packaged snacks, sweets, ready-to-eat meals and soft drinks made with additives, industrial ingredients and minimal whole foods.

A report released in May by US Health Secretary Robert F. Kennedy Jr., under the Trump administration, highlighted ultra-processed foods as a contributor to rising chronic illness among American children.

What San Francisco Wants

The city is seeking restitution and civil penalties to recover healthcare costs. It is also asking the court to prohibit deceptive marketing practices and compel the companies to reform how such products are made and promoted.

This marks the first time a US municipality has sued food companies over claims that they knowingly marketed harmful ultra-processed foods. San Francisco is represented in the case by attorneys from Morgan & Morgan.

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