Sean McBride, the founder of DSM Strategic Communications and former executive vice president of the Grocery Manufacturers Association (now the Consumer Brands Association), shares his insights on the recent lawsuit filed by the City of San Francisco against packaged food companies.
The lawsuit challenges the traditional notion that processed food is not addictive and does not cause obesity and related diseases. While previous legal cases against food companies have been dismissed due to lack of evidence, the shift towards labeling processed food as ultraprocessed food has reinvigorated food policy interventionists and trial lawyers.
The U.S. Food & Drug Administration, under the leadership of Health and Human Services Secretary Robert F. Kennedy Jr., is set to issue a formal definition of ultraprocessed foods. This classification could impact hundreds or thousands of grocery products, leading to potential stigmatization through labeling schemes and advertising restrictions.
Furthermore, the FDA’s definition of UPF may serve as a basis for future lawsuits blaming food companies for public health issues like obesity and diabetes. This could mirror the tobacco litigation playbook, potentially resulting in significant penalties for the food industry.
However, the success of these lawsuits may hinge on proving the existence of food addiction, a concept that remains unproven and not officially recognized by mental health experts. If food addiction is debunked, the UPF litigation strategy could face challenges, and Kennedy’s food policy agenda may be at risk of legal opposition.
As the UPF landscape continues to evolve, observers are advised to stay tuned for developments in 2026. The unfolding legal battles and policy decisions are sure to make for an intriguing and perhaps contentious journey.