Future of Ultra-Processed Food Diabetes Lawsuit To Be Determined at Hearing in August 2025

Hearing could help gauge how courts may respond to other childhood diabetes lawsuits brought against ultra-processed and junk food manufacturers by families throughout the U.S.

A federal judge will hear oral arguments this summer, to determine whether a lawsuit brought against a number of major food manufacturers will be cleared to move forward, involving allegations that side effects of ultra-processed junk food products contributed to a young Pennsylvania man’s childhood diabetes diagnosis.

The ultra-processed food lawsuit was filed by Bryce Martinez in the Philadelphia Court of Common Pleas in December 2024, and is believed to be one of the first such claims brought against the food industry, naming Kraft Heinz, Mondelez, Post Holdings, Coca-Cola, PepsiCo, General Mills, Nestlé, Kellanova, WK Kellogg Co., Mars, and ConAgra as defendants. 

The case was subsequently removed to the federal court system earlier this year, where U.S. District Judge Mia R. Perez is now presiding over the case in the U.S. District Court for the Eastern District of Pennsylvania, and will issue a critical ruling on a motion to dismiss filed by the food manufacturers.

Ultra-Processed Food Health Risks

Ultra-processed foods (UPFs) are a major part of the daily diet for children throughout the U.S., typically including five or more industrial ingredients, such as artificial flavors, colors and preservatives, which enhance taste and convenience, but offer minimal nutritional value.

Martinez alleges that the food industry has aggressively marketed these UPFs to children, exploiting their addictive qualities despite the known health risks, indicating that these factors directly led to Martinez’s development of type 2 diabetes and non-alcoholic fatty liver disease.

The lawsuit brought by Martinez is widely seen as a test case that could be a “bellwether” for a wave of ultra-processed food lawsuits likely to be filed against the industry in the coming months, following the publication of several landmark studies in recent years that have uncovered the hidden health risks associated with highly processed food products.

In a study published in March 2024, a team of international researchers 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 potentially fatal heart problems, including heart attacks and heart failure.

Food Manufacturers Seek Dismissal of UPF Lawsuit

In hopes of cutting off a potential deluge of litigation, several food manufacturers joined together to file a motion to dismiss Martinez’s lawsuit in late March, arguing that the complaint was pleaded improperly, taking a “shotgun” approach that lacks specific legal grounding.

They also claim many of the products identified in the lawsuit, such as meat and poultry, are exempt from product liability claims due to their approval by the U.S. Department of Agriculture.

On April 22, an oral argument notice (PDF) was released by U.S. District Judge Mia R. Perez’s court, indicating the court will consider the future of the case during a hearing on Friday, August 1, 2025, at 10:00 a.m. The hearing is expected to be completed in one day, indicating that it will only be extended or postponed in exceptional circumstances.

Martinez’s attorneys have until May 30 to file a response to the original motion to dismiss, after which the food manufacturers have until July 14 file any final reply.

The judge’s determination on the motion 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.

As the fate of Martinez’s claims moves toward a pivotal hearing, ultra-processed food lawyers are continuing to review new cases for children and young adults diagnosed with type 2 diabetes or non-alcoholic fatty liver disease after regularly consuming ultra-processed foods throughout their childhood.