Junk Food Lawsuit Over Teenager’s Type 2 Diabetes, Fatty Liver Disease Diagnosis Removed to Federal Court

The ultra-processed food lawsuit is believed to be the first of its kind, challenging the food industry’s deceptive marketing practices aimed at children.

Several major food and beverage companies have joined together to remove one of the first ultra-processed food lawsuits to the federal court system, arguing it was improperly brought in Pennsylvania state court since none of the defendants are headquartered there.

The ultra-processed food lawsuit was originally filed by Bryce Martinez 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, alleging their ultra-processed food products caused him to develop type 2 diabetes and non-alcoholic fatty liver disease as a teenager.

Martinez’s lawsuit indicates that the chronic health conditions where diagnosed when he was only 16 years old, claiming that years of consistent exposure to ultra-processed foods throughout his childhood were a direct cause of the injuries.

It is among the first of what is expected to be an influx of junk food lawsuits 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 response to the lawsuit, the junk food manufacturers filed a Notice of Removal (PDF) on January 22, transferring the claim to the U.S. District Court for the Eastern District of Pennsylvania, after petitioning that federal court is the more appropriate venue, since none of the defendants are a citizen of, or headquartered in, Pennsylvania.

“There is complete diversity in this action because no defendant is a citizen of the same state as plaintiff, namely, the Commonwealth of Pennsylvania,” the removal notice states. In addition, the defendants indicate the damages sought by Martinez, greater than $50,000 for each of the 11 claims presented, exceeds the $75,000 claim threshold required to move a complaint to federal court as well.

Ultra-Processed Food Concerns

Several studies in recent years have linked ultra-processed foods to a variety of serious and long-term health side effects.

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.

Martinez’s junk food lawsuit cites internal corporate memos detailing how the companies targeted advertising for food, which they knew was unhealthy, at children and other vulnerable populations, enhancing the appeal and addictive qualities of ultra-processed food.

The complaint raises allegations of failure to warn, deceptive marketing and defective product design, seeking damages for personal injuries, including physical and emotional suffering, medical expenses and a reduced quality of life. It is believed to be the first lawsuit of its kind.

Ultra-Processed Food Childhood Diabetes Lawsuits

Amid growing evidence about the widespread consequences of the practices employed by the food industry, which mirror those used decades ago by the tobacco 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.

Companies targeted by ultra-processed food childhood diabetes and fatty liver disease lawsuits include major industry players, including:

• Kraft Heinz Company, Inc.
• Mondelēz International, Inc.
• The Coca-Cola Company
• PepsiCo, Inc.
• General Mills, Inc.
• Nestlé USA, Inc.
• Kellogg’s (Kellanova and WK Kellogg Co.)
• Mars Incorporated, Inc.
• Conagra Brands, Inc.
• Post Holdings, Inc.

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 learn more about the ultra-processed foods lawsuit, or to see if your child qualifies for a childhood diabetes lawsuit settlement, fill out the form below to have your potential claim reviewed by a lawyer. Attorneys handle all ultra-processed food lawsuits on a contingency fee basis, which means that there are no fees or expenses paid unless a settlement or lawsuit payout is received.