State Court Activity
California enacted AB 1264 October 8, 2025 defining UPFs and banning from school meals; Arizona enacted school UPF prohibition effective 2026-2027
Pharmaceutical · claims that ultra-processed food manufacturers caused addiction, metabolic disease, and other harms through deceptive marketing and formulation of highly processed products
Defendant
Kraft Heinz Company, Inc.
MDL / Track
See litigation status
E.D. Pa.
Judge
Judge Mia R. Perez
Plaintiffs
EMERGING
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
In January 2026, plaintiff Shastin Jenkins filed a federal complaint in the Eastern District of Louisiana against Kraft Heinz, Mondelez, Coca-Cola, PepsiCo, General Mills, and Nestlé, alleging ultra-processed foods caused her type 2 diabetes. This follows the December 2024 Pennsylvania state court filing by teenager Bryce Martinez against similar defendants, which Judge Mia R. Perez dismissed in August 2025 for lack of specific causation allegations while noting the court was "deeply concerned" about UPF marketing practices. No MDL has been established; litigation remains nascent with parallel state and federal filings.
Causation Theory
Plaintiffs allege ultra-processed foods are engineered with precise combinations of sugar, salt, fats, and chemical additives to stimulate brain reward pathways and suppress satiety cues, creating compulsive consumption patterns. The theory draws on historical ties: Philip Morris and R.J. Reynolds acquired major food brands in the 1980s and allegedly repurposed nicotine addiction research to formulate hyper-palatable products. Scientific support includes a 2025 NIH study finding UPFs may be less satiating than unprocessed alternatives, and epidemiological research linking rising UPF consumption to increased early-onset colorectal cancer and type 2 diabetes in young males.
Litigation status
No MDL exists. The bellwether case Martinez v. Kraft Heinz Co., No. 25-377 (E.D. Pa.), was dismissed on August 25, 2025 by Judge Mia R. Perez for failure to plead specific causation and identify particular products consumed; plaintiff filed motion for leave to amend September 22, 2025. California enacted AB 1264 on October 8, 2025, providing first statutory definition of 'ultra-processed foods of concern' and banning certain UPFs from school meals.
State Court Activity
California enacted AB 1264 October 8, 2025 defining UPFs and banning from school meals; Arizona enacted school UPF prohibition effective 2026-2027
Geographic exposure
Approximately 57% of daily caloric intake nationally; 58% in U.S. per BMJ 2025 umbrella review. No MDL established. Single federal dismissal in E.D. Pa. No active class certification. California statutory framework creates most favorable current jurisdiction for new filings.
Eastern District of Pennsylvania hosted first-of-its-kind UPF litigation: Martinez v. Kraft Heinz Co., No. 25-377, 2025 U.S. Dist. LEXIS 164054 (E.D. Pa. Aug. 25, 2025). Plaintiff Bryce Martinez, 19-year-old Philadelphia resident, alleged UPF addiction science and predatory marketing caused type 2 diabetes and liver disease. Court dismissed at pleadings stage for failure to allege specific causation and identify specific products consumed. Case filed December 2024 against Nestle, Heinz, Coca-Cola. No MDL established.
AB 1264 enacted October 8, 2025, providing first U.S. legal definition of 'ultra-processed foods of concern' and banning certain UPFs from school meals. Definition covers foods with thickeners, flavoring agents and enhancers. Creates regulatory framework for state-level enforcement and potential private litigation under California consumer protection statutes. Statute of limitations for UPF-related claims under state law: 2-4 years depending on cause of action.
UPF accounts for 57% of total daily calories consumed by American adults per 2017 data cited in BMJ umbrella review. High-income country range: 42% (Australia) to 58% (U.S.). National exposure concentration creates potential for class action certification where specific product identification and causation theories can survive pleadings.
BMC Public Health umbrella review (January 2026) identifies UPF as dominant in 'out-of-home sector' with most fast-food outlet food classified UPF. Populations dependent on UPF for affordability, practicality, safety and availability face elevated exposure. Emergency-dependent populations (natural disasters, remote areas) show concentrated reliance due to shelf-life and minimal preparation requirements.
AB 1264 ban on certain UPFs in school meals effective October 2025. Creates immediate compliance obligation for California school districts and potential exposure for manufacturers supplying non-compliant products. Pre-litigation regulatory violation status may support negligence per se theories in pending California filings.
Key defendants
Kraft Heinz Company, Inc.
Role: Manufacturer
Lead defendant in Martinez v. Kraft Heinz Co., No. 25-377 (E.D. Pa.). Secured dismissal on causation and shotgun pleading grounds Aug. 2025. Plaintiff seeking leave to amend with product-specific allegations. Watch for amended complaint strategy.
The Coca-Cola Company
Role: Manufacturer
Named in Martinez and parallel UPF complaints. Part of omnibus dismissal in E.D. Pa. No separate defense posture reported; likely coordinating with co-defendants on causation challenges.
General Mills, Inc.
Role: Manufacturer
Named in Martinez and Jenkins v. Kraft Heinz Co. et al, No. 1:26-cv-00046 (E.D. La. Jan. 16, 2026). Facing Big Tobacco playbook allegations. No dispositive motion filed in Louisiana action as of filing date.
Mondelez International, Inc.
Role: Manufacturer
Named in Jenkins and Morgan & Morgan complaints. No reported motion practice. Exposure tied to snack portfolio engineering allegations.
PepsiCo, Inc.
Role: Manufacturer
Named in Jenkins and parallel complaints. No individual case management reported. Standard manufacturer defense posture expected.
Nestlé USA, Inc.
Role: Manufacturer
Named in multiple UPF complaints including Martinez. No separate litigation track identified; likely aligned with Kraft Heinz defense strategy on causation and definitional challenges.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Kraft Heinz Company, Inc. | Manufacturer | Lead defendant in Martinez v. Kraft Heinz Co., No. 25-377 (E.D. Pa.). Secured dismissal on causation and shotgun pleading grounds Aug. 2025. Plaintiff seeking leave to amend with product-specific allegations. Watch for amended complaint strategy. |
| The Coca-Cola Company | Manufacturer | Named in Martinez and parallel UPF complaints. Part of omnibus dismissal in E.D. Pa. No separate defense posture reported; likely coordinating with co-defendants on causation challenges. |
| General Mills, Inc. | Manufacturer | Named in Martinez and Jenkins v. Kraft Heinz Co. et al, No. 1:26-cv-00046 (E.D. La. Jan. 16, 2026). Facing Big Tobacco playbook allegations. No dispositive motion filed in Louisiana action as of filing date. |
| Mondelez International, Inc. | Manufacturer | Named in Jenkins and Morgan & Morgan complaints. No reported motion practice. Exposure tied to snack portfolio engineering allegations. |
| PepsiCo, Inc. | Manufacturer | Named in Jenkins and parallel complaints. No individual case management reported. Standard manufacturer defense posture expected. |
| Nestlé USA, Inc. | Manufacturer | Named in multiple UPF complaints including Martinez. No separate litigation track identified; likely aligned with Kraft Heinz defense strategy on causation and definitional challenges. |
Timeline
First RCT Links UPF to Weight Gain
Cell Metabolism publishes first randomized controlled trial finding ultra-processed diet causes weight gain, triggering expanded scientific scrutiny.
BMJ Meta-Analysis Identifies 32 UPF-Related Conditions
British Medical Journal publishes review of meta-analyses linking ultra-processed foods to 32 health conditions including diabetes, cardiovascular death, and mental health disorders.
First UPF Lawsuit Filed in Philadelphia
Bryce Martinez v. Kraft Heinz, Coca-Cola, Nestlé et al. filed in Court of Common Pleas of Philadelphia County, first UPF personal injury suit alleging addiction design and childhood diabetes/NAFLD.
California Enacts UPF Definition Law
California enacts AB 1264 providing first statutory definition of 'ultra-processed food' in U.S., creating regulatory framework for future litigation.
Martinez Dismissed as Shotgun Pleading
Judge Perez grants Motion to Dismiss in Martinez v. Kraft Heinz et al., Philadelphia CCP, citing shotgun pleading defects; dismissal without prejudice allows refiling.
Defense Bar Warns of MDL Consolidation Risk
Harris Beach Murtha advisory notes active UPF litigation nationwide, predicts potential MDL or class action certification as case volume expands.
Statute of limitations
No MDL established as of March 2026. Cases proceeding in state and federal courts individually. FDA/USDA RFI closed Sept. 23, 2025; formal UPF definition pending. Federal preemption risk exists if FDA finalizes labeling standards. Tolling for minors varies by state; screen for infancy tolling provisions. No identified tolling agreements or class action settlements.
California
2 years from injury
Rule: Products liability claims governed by Cal. Code Civ. Proc. § 335.1; discovery rule applies for latent injuries per Jolly v. Eli Lilly & Co., 751 P.2d 923 (Cal. 1988)
Discovery: Discovery rule applies; accrual when plaintiff knows or should know injury and its cause
San Francisco City Attorney filed public nuisance/addiction lawsuit Dec. 5, 2025 against Mondelez, Coca-Cola, PepsiCo, General Mills, Nestle, Kellogg, Mars, Conagra. State AG may expand consumer protection theories. No revival statute active.
Pennsylvania
2 years from injury
Rule: 42 Pa. Cons. Stat. § 5524; discovery rule recognized for latent diseases
Discovery: Discovery rule applies; accrual when injury is or should be discovered
First individual UPF lawsuit filed E.D. Pa. (Martinez v. Kraft Heinz Foods Co., et al.) with Omnibus Motion to Dismiss filed March 31, 2025. No MDL yet. Intake should prioritize minors with T2D/NAFLD diagnoses before age 18.
Texas
2 years from injury
Rule: Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies for inherently undiscoverable injuries
Discovery: Discovery rule applies; accrual when objective symptoms manifest or should have been discovered through reasonable diligence
HB 3691 (2025) would mandate UPF warning labels if enacted—potential for failure-to-warn claims to strengthen. No revival window. Courts require substantial proof of causation per intake guidance.
New York
3 years from injury
Rule: N.Y. C.P.L.R. § 214; discovery rule applies for toxic exposure
Discovery: Discovery rule applies; accrual when injury and its cause are discovered or should have been discovered
Failure-to-warn recognized as viable theory. Longer SOL favors intake of adult claimants with delayed diagnoses. No pending revival legislation identified.
Florida
4 years from injury
Rule: Fla. Stat. § 95.11(3)(a); discovery rule applies for latent diseases
Discovery: Discovery rule applies; accrual when injury is discovered or should have been discovered
Longest SOL among major filing states. No MDL transfer yet; cases proceeding individually. Intake should document childhood consumption patterns and medical timeline carefully.
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| California | 2 years from injury | Products liability claims governed by Cal. Code Civ. Proc. § 335.1; discovery rule applies for latent injuries per Jolly v. Eli Lilly & Co., 751 P.2d 923 (Cal. 1988) | Discovery rule applies; accrual when plaintiff knows or should know injury and its cause | San Francisco City Attorney filed public nuisance/addiction lawsuit Dec. 5, 2025 against Mondelez, Coca-Cola, PepsiCo, General Mills, Nestle, Kellogg, Mars, Conagra. State AG may expand consumer protection theories. No revival statute active. |
| Pennsylvania | 2 years from injury | 42 Pa. Cons. Stat. § 5524; discovery rule recognized for latent diseases | Discovery rule applies; accrual when injury is or should be discovered | First individual UPF lawsuit filed E.D. Pa. (Martinez v. Kraft Heinz Foods Co., et al.) with Omnibus Motion to Dismiss filed March 31, 2025. No MDL yet. Intake should prioritize minors with T2D/NAFLD diagnoses before age 18. |
| Texas | 2 years from injury | Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies for inherently undiscoverable injuries | Discovery rule applies; accrual when objective symptoms manifest or should have been discovered through reasonable diligence | HB 3691 (2025) would mandate UPF warning labels if enacted—potential for failure-to-warn claims to strengthen. No revival window. Courts require substantial proof of causation per intake guidance. |
| New York | 3 years from injury | N.Y. C.P.L.R. § 214; discovery rule applies for toxic exposure | Discovery rule applies; accrual when injury and its cause are discovered or should have been discovered | Failure-to-warn recognized as viable theory. Longer SOL favors intake of adult claimants with delayed diagnoses. No pending revival legislation identified. |
| Florida | 4 years from injury | Fla. Stat. § 95.11(3)(a); discovery rule applies for latent diseases | Discovery rule applies; accrual when injury is discovered or should have been discovered | Longest SOL among major filing states. No MDL transfer yet; cases proceeding individually. Intake should document childhood consumption patterns and medical timeline carefully. |
Live intelligence
AI litigation brief
Ultra-Processed Food remains emerging with 43 current signals in the accepted feed.
Overview
No MDL exists. The bellwether case Martinez v. Kraft Heinz Co., No. 25-377 (E.D. Pa.), was dismissed on August 25, 2025 by Judge Mia R. Perez for failure to plead specific causation and identify particular products consumed; plaintiff filed motion for leave to amend September 22, 2025. California enacted AB 1264 on October 8, 2025, providing first statutory definition of 'ultra-processed foods of concern' and banning certain UPFs from school meals.
Key developments
Trajectory
Court filings and press coverage are both active, pointing to sustained litigation pressure rather than a one-off headline cycle. 4 live sources are contributing current context.
Editorial intelligence
Editorial coverage should stay tied to source-backed developments and avoid placeholder status copy for UPF Litigation.
Generated May 27, 2026, 5:00 PM UTC
43 events detected
Google News (17)
Make America Healthy Again (MAHA) and Ultra-Processed Foods (UPFs) - Kelley Drye & Warren LLP
Your Workforce Is Either an Asset or a Liability. Training Decides Which. - Food Industry Executive
Kraft Heinz, PepsiCo and other food giants hit with $1B ultraprocessed food lawsuit - MSN
Food truck permits, liability insurance may be required by county - The Baker County Press
Why more officials are fighting against ultra-processed foods - investigatetv.com
Food giants hit with consumer lawsuit calling ultraprocessed ingredients addictive - Food Dive
Processed Food Makers Hit With New Childhood Addictiveness Suit - Bloomberg Law News
California suit over ultraprocessed foods sent back to state court - Courthouse News
General Mills sues Liberty Mutual, ACE over ultra-processed food coverage - Insurance Business
Maple syrup fraud suit tests retailers’ liability and food-fraud controls: report - Insurance Business
Litigation Shifts the Risk Landscape for Ultra-Processed Foods - Risk & Insurance
Rising legal exposure for ultra-processed food manufacturers amid new government-led lawsuits: Swiss Re - Reinsurance News
What is ‘ultra-processed’ food? Brazilian researchers have an answer. - PolitiFact
Wisecode Unveils Non-UPF Shield for A New Way to Define Ultra-Processed Foods - Green Queen Media
Swiss Re: Ultra-processed foods litigation gets a new channel with government-led lawsuit - theinsurer.com
Attention-deficit/hyperactivity disorder is associated with increased consumption of ultra-processed foods among children - Nature
Ultraprocessed Foods May Be As Addictive As Cigarettes - Healthline
Archives of endocrinology and metabolism • Rodrigues TDC • PMID 42155078 • Journal Article.
Cancer causes & control : CCC • Patel P • PMID 42201426 • Journal Article.
European journal of nutrition • Dierssen-Sotos T • PMID 42191954 • Journal Article.
American journal of health promotion : AJHP • Dicken SJ • PMID 42186156 • Journal Article.
Cancer epidemiology • Lee SA • PMID 42176453 • Journal Article.
Tolbert v. Kraft Heinz
Northern District of Ohio
Federal court result for Ultra-Processed Food: Notice of Removal from Summit County Court of Common Pleas, case number CV-2026-04-1506 Filing fee paid $ 405, receipt number AOHNDC-13677100. Filed by Kraft Heinz. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Docket Report). (Goldwasser, Brian) (Entered: 05/15/2026) • Notice of Removal • District Court, N.D. Ohio • 5:26-cv-01143 • John R. Adams
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LexGenius Ranking
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Last: May 27, 2026, 5:00 PM UTC
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Source Monitoring
PACER
PACER
Google News
PubMed
Event feed
43
events detected
AI Brief
Ultra-Processed Food remains emerging with 43 current signals in the accepted feed.
Overview
No MDL exists. The bellwether case Martinez v. Kraft Heinz Co., No. 25-377 (E.D. Pa.), was dismissed on August 25, 2025 by Judge Mia R. Perez for failure to plead specific causation and identify particular products consumed; plaintiff filed motion for leave to amend September 22, 2025. California enacted AB 1264 on October 8, 2025, providing first statutory definition of 'ultra-processed foods of concern' and banning certain UPFs from school meals.
Key developments
PACER court filing on May 15: Tolbert v. Kraft Heinz. ‖ Kelley Drye & Warren LLP news on May 18: Make America Healthy Again (MAHA) and Ultra-Processed Foods (UPFs) - Kelley Drye & Warren LLP. ‖ PubMed research on Aug 1: Dietary pattern and night work: metabolic syndrome in healthcare workers..
Generated May 27, 2026, 5:00 PM UTC