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Kraft Heinz, Mondelez, and others face first government suit over ultraprocessed foods

The news: San Francisco’s city attorney sued 10 major foodmakers, including Kraft Heinz, PepsiCo, and Mondelez, over their production and marketing of ultraprocessed foods.

  • The suit claims that the companies were aware of health problems associated with their goods but “continued to devise and market increasingly addictive and harmful products in order to maximize profits.”
  • The city attorney is seeking to bar the manufacturers from further deceptive marketing practices and is seeking damages to help offset the healthcare costs of treating heart disease, diabetes, and other conditions linked to the consumption of ultraprocessed foods.

Why it matters: This marks the first governmental lawsuit over ultraprocessed products, escalating the regulatory and public pressure food companies face to cut additives and make their assortments healthier.

  • A large number of foodmakers, including Pepsi, Kraft Heinz, and Nestlé, have pledged to eliminate food dyes from some or all products; Pepsi recently rolled out its “Simply NKD” line of Cheetos and Doritos that is made without artificial flavors or dyes.
  • 90% of global consumers are concerned about the health risks associated with ultraprocessed foods, with 62% reporting being “extremely” or “very” worried, according to a PwC survey.
  • A growing number of US states are taking action: California Governor Gavin Newsom signed a law in October banning ultraprocessed foods in school lunches, while West Virginia enacted a broad ban on food dyes and select preservatives earlier this year.

Our take: Foodmakers will need to change their manufacturing and marketing practices as public opinion turns against ultraprocessed foods and governments—both local and federal—begin to exert more pressure.

However, that doesn’t necessarily mean ditching the dyes fully: As Pepsi took pains to note, its new NKD line is “not a replacement” for consumers who prefer Cheetos’ original technicolor hue.

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