Ultra-Processed Foods Litigation

Plaintiffs, government entities, and advocacy organizations are increasingly targeting food and beverage manufacturers with alleged claims over the development, marketing, labeling, and sale of products allegedly characterized as ultra-processed. At the same time, regulators continue to evaluate how these products should be defined and addressed, creating an uncertain legal landscape for the industry.

As this evolving area of litigation expands, food manufacturers, suppliers, distributors, retailers, and their insurers face increasing legal and business exposure. Companies must navigate developing scientific research, evolving regulatory standards, and novel legal theories while protecting their brands and business objectives.

Foley Mansfield’s Ultra-Processed Foods Practice Group anticipates and responds to these emerging challenges on behalf of our clients. Our attorneys monitor litigation developments nationwide, evaluate evolving regulatory activity, and develop defense strategies that address the unique scientific, legal, and business issues presented by UPF claims. We partner with clients to mitigate risk, preserve business operations, and position matters for successful resolution, from early case assessment through trial.

Foley Mansfield has a well-earned national reputation defending complex product liability and toxic tort litigation. Drawing on decades of experience representing manufacturers in nationwide litigation involving alleged exposure to asbestos, talc, PFAS, silica, and other emerging substance claims, we provide practical, trial-ready counsel as plaintiffs seek to expand similar litigation theories into the food and beverage industry. Our attorneys understand the complex science in these cases and how to present it effectively in the courtroom and at the negotiating table.

UPF litigation raises numerous threshold legal questions that distinguish it from traditional product liability claims, including the absence of a universally accepted definition of “ultra-processed food,” evolving scientific literature regarding causation, and increasing scrutiny of marketing and advertising practices. Our attorneys understand how these issues intersect with product liability law, consumer protection statutes, public nuisance claims, and regulatory frameworks. Further, our attorneys develop defense strategies tailored to each of these legal questions.

Our UPF Litigation Group provides services including:

• Defense of food and beverage manufacturers in product liability litigation
• Monitoring UPF litigation and regulatory developments nationwide
• Consumer protection and unfair competition defense
• Public nuisance defense
• Product liability and toxic tort defense
• Scientific causation analysis and expert witness strategy
• Marketing, advertising, and labeling compliance and defense
• National and multidistrict litigation coordination
• Complex litigation management
• Risk management and early case assessment
• Insurance coverage and emerging risk analysis
• Regulatory and legislative monitoring and strategy