Food Manufacturers Seek Dismissal of Ultra-Processed Food Childhood Diabetes Lawsuit

Lawsuit alleges ultra-processed foods (UPF) marketed to kids caused young man to develop type 2 diabetes, fatty liver disease and other chronic health problems.

In response to a lawsuit that alleges ultra-processed foods (UPF) caused a young Pennsylvania man to develop childhood diabetes, fatty liver disease and other injuries, several major U.S. food corporations have joined together to file a motion to dismiss, arguing that pursuing such a case would be impractical due to the vast array of products involved.

Bryce Martinez originally brought one of the first ultra-processed food childhood diabetes lawsuits in the Philadelphia Court of Common Pleas in December 2024, naming Kraft Heinz, Mondelez, Post Holdings, Coca-Cola, PepsiCo, General Mills, Nestlé, Kellanova, WK Kellogg Co., Mars, and ConAgra as defendants. However, the case was subsequently removed to the federal court system earlier this year.

The complaint asserts that Martinez consistently consumed a variety of ultra-processed foods during his childhood, and argues that the addictive nature and nutritional deficiencies of the popular junk food products directly contributed to his development of type 2 diabetes and non-alcoholic fatty liver disease (NAFLD) during his teenage years.

Ultra-processed foods (UPFs) are typically made from five or more industrial ingredients, including artificial flavors, colors and preservatives, which enhance taste and convenience but offer minimal nutritional value. Martinez’s complaint alleges that the food industry has aggressively marketed these UPFs to children, exploiting their addictive qualities despite the significant health risks. 

The manufacturers swift effort to dismiss the case comes ahead of what many anticipate will be an influx of junk food lawsuits likely to be brought by families nationwide in the coming months, as public concern grows amid recent landmark studies linking processed food products to serious health risks for children.

One of those studies, published in March 2024, highlighted a strong link between consuming ultra-processed foods and an increased risk of type 2 diabetes, along with other side effects like sleep disturbances, breathing issues and depression. Another study published that same month showed a link between ultra-processed foods and major heart problems, including heart attacks and heart failure.

In an effort to preempt what could potentially become a widespread series of lawsuits against the food industry, the manufacturers filed an omnibus motion to dismiss (PDF) on March 31, arguing that Martinez’s lawsuit is improperly pled and takes a “shotgun” approach which implies that the claims are broad, vague, and lack specific legal grounding.

“Plaintiff does not actually allege which specific foods and beverages he consumed, when he consumed them, or in what quantities or frequency,” the motion states. “He also fails to articulate any plausible causal connection between any particular product and his alleged injuries.”

In addition, the defendants also claim that some ingredients in their UPF products, such as meat and poultry, are exempt from product liability claims, because they are approved by the U.S. Department of Agriculture, and thus preempted by federal law.

The parties agreed to give Martinez’s attorneys until May 30 to file a response. Subsequently, the defendants have until July 14 to reply to that response. 

The judge’s decision to either dismiss or clear the lawsuit to move forward is likely to have a significant impact on the number of individuals currently seeking representation to pursue claims, each asserting that routine consumption of ultra-processed foods has led to the development of type 2 diabetes or non-alcoholic fatty liver disease in themselves or their children.

Ultra-Processed Food Diabetes Lawsuits

The childhood diabetes lawsuit brought by Martinez is being closely watched by lawyers and families nationwide, to help gauge how courts may respond to similar claims expected to be brought in the coming months.

Amid growing evidence about the widespread consequences of the practices employed by the food industry, ultra-processed food injury lawyers are now investigating potential claims for individuals and families of children who were diagnosed with chronic health conditions caused by consumption of processed foods.

Free consultations and claim evaluations are being offered to individuals diagnosed with type 2 diabetes or non-alcoholic fatty liver disease before the age of 18 after regularly consuming ultra-processed foods.

To find out if you or a loved one qualify for an ultra-processed food lawsuit, submit information for review by a lawyer. Attorneys working on these cases can help you determine if you may be eligible for financial compensation or settlement benefits through an ultra-processed food lawsuit settlement.