An Ultraprocessed Foods Risk Checklist

So what foods are considered highly/ultraprocessed?

The administration's MAHA reports have demonstrated a novel approach in food policy, singling out "highly processed" foods – which include, but are not limited to, packaged, ready‑to‑eat products and ones that are often accused of including added sugar and sodium.

Through HHS and its approach to MAHA, this administration has made it known that it is seeking to reduce the American public's intake of ultra/highly processed foods. This initiative will likely have major, lasting impacts on the food industry as processed foods are estimated to make up nearly 50% of the average American diet. This marks the first federal recommendation to limit specifically ultra/highly processed foods.

Despite the express intent to limit ultra/highly processed foods, industry leaders remain perplexed as to an appropriate and workable definition of this food category. Industry groups warn the public sector's oversimplification of processing‑based categories presents risks of unintended consequences, and they emphasize science‑based, nutrient‑profile approaches. Conversely, many public health advocates encourage the administration to mandate express warnings about all "ultra/highly processed foods" and the alleged health consequences resulting from the consumption of these food products in any amount.

While the American consumer overwhelmingly presumes these "ultra/highly processed foods" include only the obvious "junk foods," the scope of this category does not appear so limited. Previous MAHA reports employed the well-recognized Nova classification of ultraprocessed Foods, which defines UPFs as all foods containing an industrial formulation of five or more ingredients. As of now, the DGAs apply the alternative "highly processed" term rather than the Nova classification's "ultraprocessed."

With that, the DGAs further specify Americans should significantly reduce or avoid:

* Consumption of highly processed, refined carbohydrates, such as white bread, ready-to-eat or packaged breakfast options, flour tortillas and crackers.

* Highly processed packaged, prepared, ready-to-eat or other foods that are salty or sweet, such as chips, cookies and candy that have added sugars and sodium (salt). Instead, prioritize nutrient-dense foods and home-prepared meals. When dining out, choose nutrient-dense options.

* Highly processed vegan or vegetarian foods that can include added fats, sugars and salt.

* Highly processed foods laden with refined carbohydrates, added sugars, excess sodium, unhealthy fats and chemical additives.

Food labeling challenges and risks

This new MAHA focus presents a multitude of litigation risks for both food manufacturers and retailers, especially around deceptive marketing, consumer protection, failure‑to‑warn, front‑of‑pack labeling and "public nuisance" theories of liability.

While ultraprocessed food litigation is still emerging, the contours of future lawsuits could be easily anticipated to include claims of alleged false advertising, deceptive practices and unfair competition, claiming companies marketed ultra/highly processed foods as safe/healthy while knowing of associated health risks.

The risks are particularly high for food labels promoting a product as "natural" or "healthy" while falling within the category of ultra/highly processed food.

Despite the recent emphasis on highly/ultraprocessed foods, litigation over them remains in its infancy. We have been following a now-dismissed lawsuit by a private plaintiff in Pennsylvania federal court that alleged food manufacturers produce highly addictive UPFs and promote them to children, causing an increase in obesity, diabetes and other chronic illnesses.

The judge threw out the case in August 2025, finding that the plaintiff did not adequately allege how he was harmed by the companies' products. However, the plaintiff is seeking to amend the complaint and continue with his case.

Notably, the San Francisco city attorney filed a lawsuit in December 2025 against multiple food manufacturers claiming they intentionally designed and promoted ultraprocessed products that are highly addictive, similar to tobacco and illegal drugs. The sprawling 256-paragraph complaint is the first attempt by any government to litigate in this space and provides a potential blueprint for private consumer litigation.

The city seeks to halt what it calls "deceptive marketing," require public education and obtain financial recovery for public health costs associated with obesity, diabetes and other diseases that some researchers associate with ultra/highly processed foods. The case is currently in its early stages, with the manufacturer defendants pushing back, particularly with causation defenses.

This Jan. 16, a 20-year old plaintiff filed an 881-paragraph complaint in the U.S. District Court for the Middle District of Florida against some of the leading food manufacturers in the country, including Kraft Heinz, Nestle, Coca-Cola and PepsiCo. The complaint seeks $1 billion in damages due to health conditions, including Type 2 diabetes, she allegedly suffered as a result of eating “ultraprocessed foods” marketed by the defendant companies. See Food Processing's news story.

Samuel “Sam” Felker, a shareholder in the Nashville and Fort Lauderdale offices of Baker Donelson, is an experienced trial attorney who focuses his practice on defending complex litigation and class actions in state and federal courts. He can be reached at [email protected].

An associate in Baker Donelson’s New Orleans office, Alexandra “Alex” Bruce Rychlak is a commercial litigator with a focus on contract and partnership disputes, as well as health and organic food safety. She can be reached at [email protected].

Desislava Docheva, an associate in the Fort Lauderdale office of Baker Donelson, has a commercial litigation practice with an emphasis on contractual and business disputes, consumer fraud, and class action an insurance defense. She can be reached at [email protected].