Step by Step Guide to Filing an Ultra-Processed Food Lawsuit

– Updated on March 12, 2025

Young people and their families are filing lawsuits against the manufacturers of ultra-processed foods, alleging their products increase the risk of several chronic health conditions. These plaintiffs have a diagnosis of type 2 diabetes, non-alcoholic liver disease, or non-alcoholic steatohepatitis.

Working with an ultra-processed food lawsuit lawyer familiar with this case and its unique factors is your best option for filing a strong case. We have co-counsels who are representing eligible clients from all 50 states. An attorney can help you navigate the process; however, to prepare you, we have created a step-by-step guide to filing an ultra-processed food lawsuit.

What Should I Do Today If I May Qualify to File an Ultra-Processed Food Lawsuit?

You can get a free, confidential consultation today. Our team can assess your legal options based on the information you share. This allows us to determine if you qualify to join others in filing a lawsuit as a part of this ongoing mass tort. It’s as easy as making a phone call to connect with our team.

If you qualify, our team will connect you with a mass tort lawyer from one of our law firm partners. The attorneys at our co-counsel will be familiar with this case and possibly represent other plaintiffs with similar claims. They can further assess your rights and options and discuss your next steps.

You can rely on your ultra-processed food lawsuit attorney to manage your case from there. They will work based on contingency, so your financial situation should not prevent you from filing a lawsuit.

How Will I Know If I Can File an Ultra-Processed Food Lawsuit?

Our law firm partners handling these cases will check to ensure you meet the criteria before filing your lawsuit. In general, plaintiffs in these cases are under 30 years old and received a diagnosis of a qualifying condition before turning 18. Qualifying conditions include:

• Type 2 diabetes
• Non-alcoholic liver disease
• Non-alcoholic steatohepatitis

They must also have a history of consuming significant quantities of ultra-processed foods, generally averaging at least four times a week.

All states have personal injury statutes of limitations that will apply. Your attorney can help you better understand the applicable deadlines for filing a lawsuit in your state.

Several states have a discovery rule that allows you to pause (also called “toll”) the deadline until you discover the cause of your injuries. You may not be at risk of having a deadline that has already passed in these states, which include AK, AL, ID, IN, KY, LA, MI, MS, OK, SD, TN, TX, and WV.

What Steps Will a Lawyer Take to Build My Ultra-Processed Food Lawsuit?

When you work with one of our law firm partners to prepare and file your complaint for the ultra-processed foods lawsuit, they will guide the process from start to finish. You will work with them to ensure they have the necessary information, and they will take care of the rest.

They will answer your questions about the UFP lawsuit, address your concerns, and explain their approach to handling your case. During this time, they will be working to build a compelling claim based on your consumption of UPFs and your diagnosis of a qualifying health condition. This could require:

• Discussing your diet and health history with you
• Obtaining and analyzing relevant medical records
• Documenting related expenses and losses
• Giving a statement about how your condition affects your daily life

Your attorney and their team will prepare the necessary paperwork, identify the best jurisdiction for filing the lawsuit, and submit the paperwork to officially begin the process.

Throughout the legal process, your legal team will provide regular updates and remain abreast of changes and progress in the case. They will review new research, work with other teams representing other plaintiffs, and protect your rights.

You can resume your usual activities, including focusing on your health and well-being. Your lawyer will manage the rest, reaching out when necessary to explain what to expect or suggest any steps you need to take.

What Evidence Will I Need to Provide to Support My Ultra-Processed Foods Lawsuit?

The ultra-processed foods lawsuit mass tort litigation is still in its earliest stages. It is not yet clear what types of questions the courts or defendants will raise for plaintiffs. However, they will need to document:

• They are a young person living with a qualifying chronic health condition.
• They received a qualifying diagnosis before age 18.
• Their chronic health condition negatively affects their life.
• They have current and future expenses and losses due to their diagnosis.
• They regularly consumed UFPs as a child, tween, or teen.

In most cases, the evidence necessary for plaintiffs will be their personal statements and relevant medical records. They will also need to provide paperwork and/or medical expert testimony to support their demand for fair compensation based on current and future damages.

As for linking ultra-processed foods with an increased risk of developing type 2 diabetes and other serious, chronic health conditions, these cases will likely rely on doctors, scientists, and other researchers whose work is identifying these links. Consider these studies:

A Small Study Establishes a Link Between UFPs and Type 2 Diabetes

A Diabetes Care study published in February 2023 identified the link between eating ultra-processed foods regularly and an increased risk of type 2 diabetes. In this study, those who increased their UPF consumption by 10 percent experienced a 12 percent increase in risk for developing type 2 diabetes.

A Meta-Analysis Connects UFPs to Several Chronic Health Conditions

In Advances in Nutrition in January 2024, a meta-analysis identified links between eating ultra-processed regularly and the development of several chronic health conditions, including obesity, type 2 diabetes, hypertension, and non-alcoholic liver disease.

How Do I Know If I Consumed Ultra-Processed Foods Often Enough to Cause My Health Concerns?

Ultra-processed foods undergo extensive industrial processing to improve taste or texture, extend shelf life, or make them more appealing to consumers. They often contain artificial colors, preservatives, flavors, or emulsifiers, many of which would never be used when preparing whole foods in a home kitchen.

Ultra-processed foods are generally convenient and have a long list of ingredients. They may be calorie-dense but provide few vitamins or nutrients. Examples include chips, crackers, candies, sodas, and frozen meals.

The ultra-processed food lawsuits allege that these manufacturing practices make the foods addictive, providing consumers with bold or ultra-sweet flavors rarely found in natural, whole foods. Pair this with marketing these foods to children and families; it is easy to understand why young people reach for them repeatedly. Those filing lawsuits typically consumed these products:

• From childhood and through their tween and teen years
• At least four times a week on average, but often much more frequently

How Do I Identify My Ultra-Processed Food Lawsuit Damages?

Your attorney will help you understand your case’s recoverable expenses and losses. While most plaintiffs seek the same types of relief, the value can vary widely. The possible settlement range in these cases depends significantly on your specific damages, which could go up or down depending on the severity of your condition and how it affects you.

Some recoverable damages include:

• Current and future medical treatment and care
• Income losses for work you missed
• Diminished earning ability if your condition keeps you from working to your full potential
• Out-of-pocket costs to deal with your condition
• Pain and suffering and other non-economic losses

Plaintiffs also demand punitive damages in these cases, asking juries who hear the case to award additional compensation based on these companies’ actions and how they harmed children and families. Punitive damages punish the defendants and send a message to other companies not to engage in similar actions.

What If the Ultra-Processed Food Lawsuit Becomes Multidistrict Litigation (MDL)?

As of February 2025, each plaintiff in the UPF mass tort is filing an individual lawsuit and pursuing a case on their own. The U.S. Panel on Multidistrict Litigation has not met to discuss consolidating cases or taking other actions to create an official mass tort.

However, if there is enough interest and many people file similar cases against these companies, an MDL will become more likely. If this happens, your attorney will continue representing your best interests and guiding you through this process.

How Do MDLs Work?

In an MDL, the Panel votes to consolidate many cases under a single judge in a U.S. District Court. These cases move through the legal process together. They are treated as a single case for pretrial motions, discovery, and the initial bellwether trials. They often settle through a global or tiered settlement offer.

Cases that do not settle may return to their initial jurisdiction and go to trial following the conclusion of the MDL.

Discuss Filing an Ultra-Processed Food Lawsuit With Our Team for Free

At the Goldwater Law Firm, we help people in all 50 states. We are offering free consultations so you can learn if you qualify. If so, we will connect you with an ultra-processed foods lawsuit lawyer from one of our law firm partners. Contact us today to get started.