The Consumer Brands Association has defended the corner of CPG manufacturers as San Francisco takes legal action over ultra-processed foods.
San Francisco City Attorney David Chiu revealed the lawsuit this week against a clutch of of the world’s largest packaged foods and drinks producers, mostly US companies such as Kraft Heinz and Mondelez International but also Nestlé, which operates in the country.
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Numbering 11 manufacturers in total – Mars, General Mills, PepsiCo and Coca-Cola included – the suit has been filed in the San Francisco Superior Court on “behalf of the People of the State of California”, according to a statement from the City’s attorney.
The suit alleges the named companies take part in “unfair and deceptive acts” in the sale and marketing of ultra-processed foods (UPFs), practices it claims “violate California’s Unfair Competition Law and public nuisance statute”.
It is calling on the manufacturers to “take action to correct or lessen the effects of their behaviour” as a collective endeavour. The suit also features Post Holdings, WK Kellogg, Kellanova and Conagra Brands.
“The lawsuit also seeks restitution and civil penalties to remedy the public nuisance and help local governments offset astronomical healthcare costs associated with ultra-processed food consumption,” the statement read.
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By GlobalDataNone of the 11 companies identified in the lawsuit had responded to Just Drinks’ request for comment at the time of writing.
However, US industry body Consumer Brands Association issued a statement outlining the reformulation efforts being taken by CPG firms and the difficulties in defining UPFs. The suit comes at a time when the Trump administration is leading the fight to tackle obesity, including the supposed health risks from UPFs, under the Make America Healthy Again (MAHA) campaign headed by the department of Health and Human Services Secretary Robert F. Kennedy Jr.
He has advocated for the removal of artificial colourings and additives from the food and drinks chains, and many CPG manufacturers have taken up that mantle.
“The makers of America’s trusted household brands support Americans in making healthier choices and enhancing product transparency,” Sarah Gallo, the senior vice president of product policy at the CBA, said in a statement on behalf of its members.
“That’s why food and beverage manufacturers continue to introduce new product options that include increased protein and fibre, reduced sugars and sodium, and no synthetic colour additives.”
Gallo highlighted the complexities in defining UPFs, including the absence of a unified scientific definition, an aspect Kennedy Jr. has pledged to address.
“Attempting to classify foods as unhealthy simply because they are processed, or demonising food by ignoring its full nutrient content, misleads consumers and exacerbates health disparities,” Gallo added.
“Companies adhere to the rigorous evidence-based safety standards established by the FDA to deliver safe, affordable and convenient products that consumers depend on every day. Americans deserve facts based on sound science in order to make the best choices for their health.”
Attorney Chiu took another stab at CPG manufacturers as he suggested they “continued to devise and market increasingly addictive and harmful products in order to maximise profits”.
“These companies created a public health crisis with the engineering and marketing of ultra-processed foods,” Chiu argued in the statement, which went on to suggest that UPFs “increased dramatically” in the 1980s and 1990s and now make up around 70% of the US food supply.
In the same statement, San Francisco’s director of health Daniel Tsai argued the lawsuit is a “critical step toward protecting the health of our communities”.
He added: “For decades, ultra-processed foods have reshaped our diets. These products are not just unhealthy, they are engineered to be addictive, disproportionately harm low-income communities and communities of colour, and contribute to rising rates of chronic illness like diabetes, heart disease, and cancer.”
