San Francisco files landmark lawsuit, comparing ultra-processed food companies to 'big tobacco'
In a historic first, San Francisco's city attorney has filed a lawsuit against some of the largest U.S. manufacturers of ultra-processed foods that he says have made Americans sick.
The companies named in the lawsuit, obtained and reviewed by ABC News, include Kraft Heinz, Mondelez, Post, Coca-Cola, PepsiCo, General Mills, Nestle, Kellanova, Kellogg, Mars,and ConAgra.
City Attorney David Chiu spoke at a press conference at San Francisco City Hall on Tuesday surrounded by a table of popular products from crackers and breakfast cereals to frozen dinners and frosting to announce the legal action against the 10 food and drink corporations.
Chiu said the suit, filed in California Superior Court, is intended to hold the companies "accountable for their unfair and deceptive practices, for violating California's unfair competition law and public nuisance laws."
Chiu argued the foods have created a health care crisis that has led to serious chronic diseases, which ultimately places a burden on U.S. cities.
"We have reached a tipping point in the scientific research about the harm of these products," Chiu said citing studies such as the recently published Lancet papers that, he said, confirmed a "very clear link between ultra-processed foods and chronic diseases [such as] type 2 diabetes, fatty liver disease, heart disease, kidney disease, colorectal cancer, Crohn's disease, [and] depression."
ABC News reached out to several of the brands in the lawsuit, which responded in an emailed statement from their trade group, the Consumer Brands Association.
"The makers of America’s trusted household brands support Americans in making healthier choices and enhancing product transparency. That's why food and beverage manufacturers continue to introduce new product options that include increased protein and fiber, reduced sugars and sodium, and no synthetic color additives," Sarah Gallo, senior vice president of product policy for the group, said in the statement. "There is currently no agreed upon scientific definition of ultra-processed foods and attempting to classify foods as unhealthy simply because they are processed, or demonizing food by ignoring its full nutrient content, misleads consumers and exacerbates health disparities."
She added that "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."
In his remarks, Chiu said cities and counties have had to pay the price for people in the community, treating diseases that could be caused from the products in question.
Chiu claimed the companies have copied the "addiction science and marketing techniques that filled the big tobacco playbook," pointing to the colorful packaging that lines store shelves.
Tactics, he said, include cartoon mascots and "integrated marketing strategies with toy manufacturers and child-focused media companies" that specifically target low-income communities of color and their children.
Ultra-processed products now make up 70% of the American food supply, the New York Times reported.
"Many ultra-processed foods don't seem unhealthy, but they're falsely marketed as healthy," Chiu said, alleging the companies have created chemicals to make the foods highly addictive.
Chiu said the aim of the lawsuit is to "obtain restitution and civil penalties to recover the enormous cost borne by governments, public health costs that stem from chronic diseases due to ultra-processed foods."
The city attorney's office has had previous success with public health cases, including a landmark decision in 1998 where it was awarded a $539 million settlement from tobacco companies, as well as $21 million from lead paint manufacturers after a 19-year long lawsuit.
Earlier this year a private lawsuit in Philadelphia over ultra-processed foods, brought by a young consumer who was diagnosed with Type 2 diabetes and nonalcoholic fatty liver disease at 16 years old, was dismissed after a judge ruled the claim lacked specifics about the products and timeline of consumption.
-ABC News' Alex Stone contributed to this report.
