This report is adapted from a story in Harvard Law Today.
By Asha Velor
In a potentially significant shift, San Francisco’s city attorney has sued Coca-Cola, PepsiCo, Nestlé, General Mills, Kraft Heinz, and others, alleging that these companies have contributed to widespread health harms through the manufacture and marketing of ultra-processed foods.
What makes the San Francisco suit unusual is that it is one of the first times a government entity, rather than private parties, has filed such a complaint. City Attorney David Chiu filed the suit in San Francisco Superior Court on Dec. 2. Previous legal cases against food companies have largely focused on labeling issues or negligence claims related to specific products.
Public health experts link high consumption of UPFs to numerous diet-related diseases and health issues. These include Type 2 diabetes, obesity, mental health issues, and various forms of cancer.
Two legal claims are central to the city’s suit. The first alleges violations of the state unfair competition law, asserting that companies engaged in deceptive practices by claiming their products were safe and healthy despite knowing about associated harms. The second claim invokes public nuisance law to argue that ultra-processed foods constitute a widespread threat. The lawsuit seeks court orders to stop misleading marketing and to require relief for public health costs associated with UPFs, potentially including funds for education or other resources to address their associated health effects.