SF Takes On Household Brands As First U.S. City To Sue Over Ultra-Processed Foods

SAN FRANCISCO, CA — San Francisco officials are suing several ultra-processed food manufacturers, accusing the companies of distributing harmful and addictive products for financial gain.

Kraft Heinz Company, Mondelez International, Post Holdings, The Coca-Cola Company, PepsiCo, General Mills, Nestle USA, Kellogg, Mars Incorporated and ConAgra Brands are among the companies listed in the lawsuit filed on Tuesday by San Francisco City Attorney David Chiu.

Cola Cola, Kraft-Heinz Company and Mondelez International did not immediately respond to a request for comment.

The Consumer Brands Association, a trade group that represents many of the companies listed in the lawsuit, said there is currently no agreed-upon scientific definition of ultra-processed foods and that attempting to classify or demonize them only misleads consumers and "exacerbates health disparities."

"Companies adhere to the rigorous evidence-based safety standards established by the FDA to deliver safe, affordable and convenient products that consumers depend on every day," CBA Senior Vice President of Product Policy Sarah Gallo said. "Americans deserve facts based on sound science in order to make the best choices for their health."

Gallo added that "the makers of America's trusted household brands" support people's right to make healthier choices, which is why many manufacturers have been introducing products with reduced sugars and sodium and increased protein and fiber and no synthetic color additives.

Chiu, however, argues in the lawsuit that these companies knew their products were unhealthy, but still chose to market them to maximize profits. Chiu also says in the lawsuit that these companies targeted children, especially Black and Latino children, by collaborating with children-centered media companies such as Disney and Nickelodeon.

"These companies created a public health crisis with the engineering and marketing of ultra-processed foods," Chiu said in a statement Tuesday. "They took food and made it unrecognizable and harmful to the human body. We must be clear that this is not about consumers making better choices."

Ultra-processed products include chips, candies, processed meats, sodas and breakfast cereals. These products usually contain one or more ingredients that wouldn't be normally found in a kitchen, such as chemical-based preservatives, emulsifiers, artificial colors and flavors, or high-fructose syrups.

They are designed to be exceptionally appealing to the human palate and can even be addictive, according to a 2019 study.

The sugar, fat and salt contents also stimulate the brain's reward system, making it difficult to stop eating them, according to Johns Hopkins Bloomberg School of Public Health.

San Francisco Director of Health Daniel Tsai said in a statement that the lawsuit was a "critical step toward protecting the health of our communities."

"For decades, ultra-processed foods have reshaped our diets," Tsai said. "These products are not just unhealthy, they are engineered to be addictive, disproportionately harm low-income communities and communities of color, and contribute to rising rates of chronic illness like diabetes, heart disease, and cancer."

The lawsuit, the first of its kind in the nation, seeks to have the companies take corrective action to lessen the effects of their actions and prevent them from continuing "deceptive marketing," city officials said. It also seeks restitution and civil penalties, although city officials did not say how much they were seeking.