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San Francisco declares war on ultra-processed foods with landmark lawsuit

City Attorney David Chiu compares food giants to Big Tobacco, claiming they engineered addiction while communities paid billions in healthcare costs.

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City Attorney David Chiu compares food giants to Big Tobacco, claiming they engineered addiction while communities paid billions in healthcare costs.

City takes on major food manufacturers in first government case targeting Oreos, Doritos, and other products allegedly engineered to be addictive

San Francisco filed the nation's first government lawsuit against ultra-processed food manufacturers on December 2, 2025, targeting 10 major corporations behind some of America's most recognizable brands. City Attorney David Chiu named Coca-Cola, PepsiCo, Kraft Heinz, Nestle, General Mills, and five other companies in the complaint.

The lawsuit alleges these companies knowingly created products that harm public health while generating massive profits. Popular items in the crosshairs include Oreos, Cheerios, Lunchables, Doritos, and Sour Patch Kids. The city claims these foods were designed to stimulate cravings and encourage overconsumption, creating what officials call a public health crisis.

1) What makes this lawsuit unprecedented

This marks the first time a government entity has sued food manufacturers specifically over ultra-processed foods. The suit alleges the companies violated California's Unfair Competition Law and public nuisance statute by producing and promoting products they knew were harmful. San Francisco seeks a court order to stop deceptive marketing practices and require consumer education about health risks, particularly limiting advertising to children.

The city also wants restitution and civil penalties to offset healthcare costs associated with chronic diseases linked to these foods. City Attorney Chiu explicitly compared the food industry's tactics to those used by tobacco companies. He told reporters these companies engineered a public health crisis and profited handsomely while communities paid the price in rising disease rates.

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San Francisco has a track record of success in similar cases. The city attorney's office won $539 million from tobacco companies in 1998 and $21 million from lead paint manufacturers after a 19-year battle.

2) The science behind the claims

A comprehensive review published in The Lancet in November 2025 strengthens the city's case. The three-paper series examined decades of research showing ultra-processed foods are crowding out traditional diets and contributing to higher risks of chronic diseases worldwide. The research links these products to Type 2 diabetes, fatty liver disease, cardiovascular disease, colorectal cancer, and even depression.

Ultra-processed foods now make up approximately 70% of the American food supply, according to city officials. These products include candy, chips, processed meats, sodas, energy drinks, and breakfast cereals that cannot typically be replicated in home kitchens. An August 2025 CDC report found that most Americans get more than half their daily calories from ultra-processed foods.

The Lancet research reveals these foods cause harm beyond just high calories, fat, or salt content. They contain chemically manipulated ingredients designed to be hyper-palatable, leading to overeating. The products also expose consumers to potentially harmful food additives, endocrine disruptors, and toxic compounds.

3) Communities of color bear disproportionate burden

The lawsuit highlights stark racial disparities in both marketing and health outcomes. According to the complaint, Black and Latino children receive approximately 70% more advertising for ultra-processed foods compared to white children.

The health consequences follow similar patterns. In San Francisco, diabetes hospitalization rates for Black communities in 2016 were three to six times higher than other racial groups. Households earning under 200% of the federal poverty level face three times the risk of developing Type 2 diabetes. Among San Francisco high schoolers in 2023, 16.1% of Latino students and 18.7% of Black students were classified as obese, compared to just 2.5% of white students and 4.7% of Asian students.

San Francisco Supervisor Shamann Walton said communities have paid the price for decades while the industry prioritized profit over people. The city has already taken steps to address the problem, including extending the Good Food Purchasing Standards Ordinance and creating diabetes prevention programs for city employees.

4) Industry pushes back on lawsuit

The food industry responded swiftly through the Consumer Brands Association. Sarah Gallo, senior vice president of product policy, argued there is no agreed-upon scientific definition of ultra-processed foods. She said attempting to classify foods as unhealthy simply because they're processed misleads consumers and exacerbates health disparities.

Gallo emphasized that food manufacturers continue introducing products with more protein and fiber, and less sugar and sodium. She stated companies adhere to rigorous FDA safety standards to deliver safe, affordable, and convenient products that consumers depend on daily. None of the 10 named companies provided individual responses to media requests for comment.

A private lawsuit filed earlier in 2025 by a Philadelphia consumer was dismissed in August, with the judge ruling the plaintiff lacked specifics about which products were consumed and when. However, legal experts note government cases often have different standards and stronger evidence-gathering capabilities than individual lawsuits.

The impact

This lawsuit arrives as scrutiny of ultra-processed foods intensifies across political lines. Health Secretary Robert F. Kennedy Jr. has made eliminating these foods from the American diet a cornerstone of his Make America Healthy Again campaign. He has pushed to ban ultra-processed foods from SNAP benefits for low-income families.

California Governor Gavin Newsom signed a first-in-the-nation law in October 2025 to phase out certain ultra-processed foods from school meals over the next decade. San Francisco Mayor Daniel Lurie voiced support for the lawsuit, stating families deserve to know what's in their food and need information to keep themselves and their children safe and healthy.

The financial stakes are substantial. National health expenditures have increased from 5% of GDP in 1960 to nearly 20% today, with ultra-processed food consumption contributing to rising chronic disease rates. In San Francisco alone, diabetes resulted in more than $85 million in hospitalization charges in 2016. If successful, this lawsuit could reshape how food companies manufacture, market, and label products across the country.

πŸ‘€ Don't Miss: You are what you repeat

 

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Avery White

Formerly a financial analyst, Avery translates complex research into clear, informative narratives. Her evidence-based approach provides readers with reliable insights, presented with clarity and warmth. Outside of work, Avery enjoys trail running, gardening, and volunteering at local farmers’ markets.

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