San Francisco marks a historic moment in the battle against the ultra-processed food (UPF) industry. The city has in fact launched the first government lawsuit in the United States against some of the largest multinationals in the sector, accusing them of putting profits before public health.
Very important news because it is finally recognized that the burden of diseases linked to the assiduous consumption of these products cannot fall only on citizens and healthcare systems.
A historic lawsuit against the food giants
City Attorney David Chiu, the lead lawyer for the San Francisco city government, is suing 10 of the industry’s most powerful companies: Coca-Cola Company, PepsiCo, Nestlé USA, Kellogg’s, General Mills, Kraft Heinz Company, Mondelez International, Mars Incorporated, Post Holdings and ConAgra Brands.
We all know them (or almost), they are the producers of sugary drinks, snacks, breakfast cereals, snacks, bars, ready meals, industrial baked goods and many other foods omnipresent on American tables (and beyond).
According to the indictment, these companies implemented deceptive marketing practices, promoted products as “healthy” that are not at all healthy, omitted vital information and continued to sell dangerous foods despite knowing their health effects for years. Chiu speaks of “unfair and deceptive acts”, a commercial strategy that would have created a real health emergency, violating among other things the state law on unfair competition.
Chiu said:
These companies have created a public health crisis by engineering and marketing ultra-processed foods. They have taken food and made it unrecognizable and harmful to the human body. Recent polls show that Americans want to avoid ultra-processed foods, but we’re inundated with them. These companies created a public health crisis, profited greatly, and now must take responsibility for the damage they have caused. San Francisco families deserve to know what’s in their food.
What are ultra-processed foods
UPFs (Ultra-Processed Foods) are products made industrially through complex formulations and ingredients that we cannot find in domestic kitchens. They contain preservatives, emulsifiers, artificial colours, flavor enhancers, sweeteners, foaming agents, artificial flavors and thickeners, often combined to make the product irresistible, cheap and long-lasting but low in real nutrients.
Consider that in the United States they represent over 70% of the entire food supply and children obtain more than 60% of their daily calories from these foods.
An extensive scientific review, published last month, found that UPFs are linked to damage in every major organ system in the human body. They are associated with an increased risk of obesity, type 2 diabetes, cardiovascular disease, cancer, depression, gastrointestinal disorders, chronic inflammation and even cognitive decline. According to the study’s authors, it is not individual choices that are driving the rise of ultra-processed foods, but a food system built by global companies to make these products ubiquitous, cheap and difficult to avoid.
What San Francisco is asking for
The lawsuit, filed on behalf of the People of the State of California in San Francisco Superior Court, seeks compensation to cover health care costs incurred by cities and counties in treating residents suffering from illnesses related to ultra-processed foods.
The objective is also to re-establish transparency and responsibility: generations of families – says Chiu – have been deceived and led to buy “food that is not food”. A direct accusation that calls into question the narrative built for years around products presented as convenient, modern or even healthy.
It then calls for, among other things, an order that prohibits deceptive marketing and requires companies to take action to correct or mitigate the effects of their behavior.
And there is great satisfaction in the local community for this decision:
As a doctor and mom, I see every day how ultra-processed foods harm our children and our communities,” said Dr. Kim Newell-Green, UCSF Associate Clinical Professor. “Growing research links these products to serious diseases—including type 2 diabetes, fatty liver, heart disease, colorectal cancer and even depression at younger ages. Today’s lawsuit represents an important step in holding food companies accountable for profiting from products that put our health at risk.
In recent years, California has already approved several pioneering measures. It is the first state to have introduced a legal definition of ultra-processed foods and has already laid the foundations for limiting their presence in schools. It has also banned various food additives linked to behavioral difficulties in children and passed regulations that have led to major victories in the past against tobacco, opioids and lead paint manufacturers. The lawsuit against the food giants is part of this process of protecting public health.
But San Francisco’s move has a reach that goes far beyond American borders. The companies involved also dominate the European and Italian markets. If a city manages to question the economic model based on ultra-processed products, it opens the way for new regulations, greater awareness and official recognition of the damage caused by these products.
It is a step forward towards a healthier, more transparent and more just food system, in which communities no longer have to pay – in economic and health terms – the price of multinationals’ profits.
