San Francisco to sue makers of ultra-processed foods over health impacts

San Francisco officials said Tuesday that the city would sue leading manufacturers of ultra-processed foods, accusing them of producing products linked to serious health issues and alleging that the companies knowingly made the foods addictive.

City Attorney David Chiu’s office announced the city is suing Kraft Heinz Company, Mondelez International, Post Holdings, The Coca-Cola Company, PepsiCo, General Mills, Nestle, Kellogg, Mars Incorporated and ConAgra Brands. Chiu said the lawsuit is the first-of-its-kind.

“These companies created a public health crisis with the engineering and marketing of ultra-processed foods,” Chiu said in a statement. “They took food and made it unrecognizable and harmful to the human body.”

The city attorney added, “Recent surveys show Americans want to avoid ultra-processed foods, but we are inundated by them. These companies engineered a public health crisis, they profited handsomely, and now they need to take responsibility for the harm they have caused.”

Mayor Daniel Lurie voiced his support of the lawsuit, saying, “We’re not going to let our residents be misled about the products in our grocery stores. We are going to stand up for public health and give parents the information they need to keep themselves and their kids safe and healthy.”

According to city officials, ultra-processed foods consist of 70% of the nation’s food supply. The items include candies, chips, processed meats, sodas, energy drinks, boxed macaroni and cheese, cereals and other products that cannot be typically replicated in a home kitchen.

Officials said the foods “are a combination of chemicals designed to stimulate cravings and encourage overconsumption.”

The foods are often chemically modified and may contain additives such as colors, flavor enhancers, emulsifiers, artificial sweeteners, thickeners, and gelling agents.

Among the health impacts officials say ultra-processed foods are linked to include type 2 diabetes, fatty liver disease, cardiovascular disease, colorectal cancer and depression. Research published in the British Medical Journal last year said diets high in ultra-processed food are associated with an increased risk of 32 damaging health outcomes.

Officials said negative health outcomes linked to the foods are leading to higher healthcare costs locally and nationally, saying national health expenditures have increased from 5% of GDP in 1960 to almost 20% of GDP today. The city said diabetes resulted in more than $85 million in hospitalization charges in 2016.

The lawsuit alleges the companies’ sale and marketing of ultra-processed foods violate the state’s Unfair Competition Law and public nuisance statute. The city is seeking an order for the companies to refrain from deceptive marketing and to take corrective action, along with restitution and civil penalties.