FDA Investigating Ultra-Processed Food Side Effects Linked To Chronic Diseases

Estimates by federal regulators show that U.S. children receive approximately 60% of their caloric intake from ultra-processed foods, which may increase risk of childhood diabetes, fatty liver disease and other preventable illnesses.

Multiple government agencies are collaborating to define what qualifies as ultra-processed food (UPF), and to better understand the long-term side effects that may be caused by its widespread consumption by Americans, especially children.

In a press release issued on July 25, the U.S. Department of Health and Human Services (HHS), the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) announced that they are joining forces to address growing concerns around UPFs and their link to America’s chronic disease epidemic.

Ultra-processed foods, which include many sugary cereals, packaged snacks, frozen entrees, fast foods and soft drinks, have become widespread in American homes, driven in large part by aggressive marketing from major food companies.

However, emerging research suggests these companies either knew or should have known that frequent consumption of ultra-processed products can lead to serious long-term health problems, particularly in children, including type 2 diabetes, non-alcoholic fatty liver disease (NAFLD), high blood pressure, obesity and other chronic conditions.

As a result of these findings, families across the U.S. have begun filing processed food lawsuits against many major manufacturers like Kraft Heinz, Coca-Cola, General Mills and Kellogg’s, claiming the companies’ products contributed to their and their children’s lifelong health issues.

There is currently no official federal definition for ultra-processed foods. However, developing one is a top government priority, following the release of the Make Our Children Healthy Again assessment by HHS, which identified excessive consumption of ultra-processed foods as a major contributor to the nation’s childhood chronic disease epidemic.

Roughly 70% of packaged foods in the U.S. are considered ultra-processed, and children now consume more than 60% of their daily calories from these products, a growing concern as studies continue to link diets high in ultra-processed foods to a range of serious health conditions, including breathing problems, type 2 diabetes, depression, heart disease, cancer and death.

“Ultra-processed foods are driving our chronic disease epidemic. We must act boldly to eliminate the root causes of chronic illness and improve the health of our food supply. Defining ultra-processed foods with a clear, uniform standard will empower us even more to Make America Healthy Again.”

-Robert F. Kennedy, Jr., Secretary of HSS

In addition to creating a standardized definition, the FDA and National Institutes of Health (NIH) are supporting new research through the recently launched Nutrition Regulatory Science Program to better understand the health effects of ultra-processed foods. The HHS also plans to advance other policies and initiatives aimed at significantly reducing chronic disease and promoting long-term public health.

An official request for information (RFI) was published in the Federal Register on July 24, inviting public input on the factors and criteria that should shape a federal definition of ultra-processed foods.

Ultra-Processed Foods Lawsuits

The growing scientific evidence linking ultra-processed foods to serious health problems, as well as claims of marketing targeted at vulnerable groups like children, has triggered a wave of lawsuits against major food companies in recent months.

One of the earliest lawsuits targeting ultra-processed foods was filed by Bryce Martinez in December 2024, alleging that years of consuming heavily marketed junk food led to his diagnosis of type 2 diabetes and NAFLD by age 16. 

The complaint, filed in the Philadelphia Court of Common Pleas, names Kraft Heinz, Coca-Cola, General Mills, Kellogg’s, Nestlé and other major food manufacturers, accusing them of intentionally designing addictive products and promoting them to children and underserved communities through deceptive marketing.

Martinez argues that the companies prioritized profits over public health, exposing children to high volumes of ultra-processed foods without adequate warning of the long-term health consequences. The case has since been moved to federal court, where it is now before U.S. District Judge Mia R. Perez in the Eastern District of Pennsylvania. Food companies have filed a motion to dismiss, and Judge Perez is expected to rule on whether the claims can proceed.

The outcome could shape future litigation, as more families allege that early and prolonged exposure to ultra-processed foods caused serious health problems in their children. Ultra-processed food lawyers continue to investigate potential claims on behalf of young individuals diagnosed with conditions such as type 2 diabetes and NAFLD, linked to regular consumption of processed food products.

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