Food Manufacturers’ Motion to Dismiss Plaintiff’s Complaint Granted in First Ultra-Processed Foods Lawsuit

On August 25, 2025, the Honorable Judge Mia R. Perez of the Eastern District of Pennsylvania dismissed Martinez v. Kraft Heinz Company, Inc., et al., the first lawsuit alleging injuries from “ultra-processed foods.”

The 19-year-old plaintiff claimed his lifelong consumption of such foods caused type 2 diabetes and non-alcoholic fatty liver disease. The plaintiff further accused manufacturers of using addiction-based marketing strategies similar to those of the tobacco industry. The defendants moved to dismiss under Rule 12(b)(6), and the Court agreed, finding that the complaint failed to state a claim.

The Court pointed to key deficiencies in Martinez’s 148-page complaint, which named over 100 food brands but failed to identify the specific products allegedly consumed, how often they were consumed, and the amount of the product that was consumed. Without linking his illnesses to particular products, Martinez could not allege a causal connection or provide defendants with sufficient notice of the claims against them. Citing precedent, Judge Perez concluded that such vague allegations were insufficient to support product liability claims.

The decision clarifies that plaintiffs must be specific in their claims when pursuing such lawsuits. This includes identifying individual products, when and how often they were consumed, and whether they are capable of causing the alleged harm. General claims against a manufacturer without concrete factual allegations will not survive a motion to dismiss.

While a victory for food manufacturers, the ruling did not provide a definition for “ultra-processed food,” nor did they provide a threshold of exposure that could establish a causal link to an illness. The dismissal of Martinez signals that ultra-processed food litigation will likely continue to expand, but courts will require detailed and specific allegations to move cases forward.

Further Information:

Food manufacturers and companies who may have concerns about the future of ultra-processed food lawsuits or questions regarding the impact of this dismissal can reach out to a member of Foley Mansfield’s product liability team for assistance.

Elizabeth Sorenson Brotten is a partner in Foley Mansfield’s Minneapolis office, a member of the firm’s Executive Committee, and the chair of the firm’s Product Liability Practice Group. She devotes her practice to defending product manufacturers, suppliers, and installers in high-risk product liability and toxic tort cases. She can be reached at ebrotten@foleymansfield.com.

Shelley K. Napolitano is the Managing Partner of Foley Mansfield’s New Orleans office and Co-Chair of the firm’s national Talc Practice Group. She defends product manufacturers, contractors, and premise owners in multidistrict product liability, toxic tort litigation, and also specializes in management of large-scale fact investigation projects, as well as corporate and expert deposition preparation. She can be reached at snapolitano@foleymansfield.com.

Kyle Heim is an Associate in the Minneapolis office of Foley Mansfield. He defends product manufacturers, distributors, contractors, and premises owners in product liability and toxic tort claims in Minnesota and North Dakota. He can be reached at kheim@foleymansfield.com.