A Final Dismissal in First Ultraprocessed Foods Lawsuit
A federal court in Pennsylvania delivered the apparent final victory to major food & beverage companies who were accused of creating ultraprocessed foods they knew would be addictive and would create health problems.
A judge in U.S. District Court for the Eastern District of Pennsylvania ruled plaintiff Brian Martinez could not amend his complaint in his late-2024 lawsuit that named as defendants 11 food companies: Coca-Cola Co., Conagra, General Mills, Kellanova, Kraft Heinz, Mars, Mondelez, Nestle USA, PepsiCo, Post Foods and WK Kellogg.
Martinez is a now 20-year-old Philadelphian who was diagnosed with nonalcoholic fatty liver disease and Type 2 diabetes when he was 16. He claims his addiction to products from those companies led to his diseases. Among the allegations are that the companies used 1980s tobacco marketing tactics to addict children to unhealthy foods.
The lawsuit, filed in December 2024, was the first to bring the subject of UPFs to court. It initially was dismissed in August of 2025. There has been a handful of similar filings in other jurisdictions since.
“The plaintiff … had cited more than 100 foods as leading to his diagnosis,” Kelly Jones Howell, an attorney for Harris Beach Murtha, wrote. “That vagueness once again led to the case’s dismissal.
“The court noted the plaintiff’s First Amended Complaint ‘raises serious concerns about the UPF industry and its effects on children’s health. However, the law does not allow Martinez to hold liable an entire industry for these allegations. The [First Amended Complaint] fails to establish but-for causation because it lacks sufficient facts showing each defendant or product individually caused or contributed to his harm.’
“Importantly, this was not merely an initial pleading dismissal,” Howell noted. “After being afforded an opportunity to amend, the plaintiff still failed to plausibly allege that any particular defendant or product caused his injuries. The court's denial of further leave to amend reflects its conclusion that the deficiencies were not curable through additional generalized allegations.”
Morgan & Morgan was the law firm that filed the suit.
About the Author
Dave Fusaro
Editor in Chief
Dave Fusaro has served as editor in chief of Food Processing magazine since 2003. Dave has 30 years experience in food & beverage industry journalism and has won several national ASBPE writing awards for his Food Processing stories. Dave has been interviewed on CNN, quoted in national newspapers and he authored a 200-page market research report on the milk industry. Formerly an award-winning newspaper reporter who specialized in business writing, he holds a BA in journalism from Marquette University. Prior to joining Food Processing, Dave was Editor-In-Chief of Dairy Foods and was Managing Editor of Prepared Foods.