Summary
- Ultra-processed foods can lead to serious health issues
- If your child is sick because of these foods, a lawsuit is possible
You may have heard a lot about baby food lawsuit settlements. However, you’re likely less knowledgeable about the lawsuits taking place around processed foods. Ultra-processed foods themselves may not be on your radar under this definition because of how well they’ve been marketed.
It’s common for people to think about ultra-processed foods as convenient and even healthy. They’re mainly for children, and busy parents assume that they’re safe options. On the contrary, there have been links between these foods and the development of serious health issues like Type 2 diabetes, hypertension and liver disease.
If you or your child has experienced health issues that may be connected with these foods, it’s important to understand whether you can file an ultra-processed foods lawsuit and receive compensation.
Understanding Ultra-Processed Foods
Ultra-processed foods are made from substances extracted from food, including:
- Starches
- Sugars
- Salts
- Hydrogenated fats (trans fats)
These foods may also contain many additives like artificial flavors and colors.
Ultra-processed foods are meant to look attractive and encourage people to eat more of them. Because of the high amounts of fats, sugars and salts, the body is not able to process them as it would unprocessed food, leading to a number of health issues.
Ultra-Processed Foods Lawsuits: Why They Began
When dealing with an Ozempic lawsuit or a Xeljanz lawsuit, there’s a focus on the manufacturer not letting consumers know that there were potential risks associated with those medications. The same thing applies to ultra-processed food lawsuits. The side effects of consuming these products can be catastrophic.
These foods are marketed to children by using bright labels and cartoon characters. At the same time, promotional tactics also frequently include deceptive language to get parents interested. It’s not uncommon to see labels stating that these foods are full of vitamins or low in fat.
The consumption of ultra-processed foods has potentially led many children to develop serious health issues, including non-alcoholic fatty liver disease, Type 2 diabetes and hypertension. Parents are fighting back against the manufacturers that failed to warn them of the harm these foods could cause.
In the ultra-processed food lawsuits, the parties involved include:
- Nestle USA, Inc.
- General Mills, Inc.
- Kraft Heinz Company, Inc.
- Post Holdings, Inc.
- Conagra Brands, Inc.
- The Coca-Cola Company
- PepsiCo, Inc.
- Mars Incorporated, Inc.
You may be able to file an ultra-processed food diabetes lawsuit or one that addresses the lasting damage these foods have done to your child’s liver. Regardless of which health issue is relevant in your case, knowing whether you’re eligible or not is the place to start.
Legal Arguments Involved in Ultra-Processed Foods Lawsuits
These lawsuits rely on the doctrine of negligence. Manufacturers must create products that are reasonably safe for consumers, and they must offer warnings on any potential health issues that might arise.
The lawsuits also claim that the companies were in breach of expressed and implied warranties because the products could not be consumed safely. Some of these legal actions also allege that the manufacturers misinterpreted the products’ safety and healthiness while simultaneously concealing safety risks.
Ultra-Processed Food Lawsuit Eligibility
As in a talcum powder lawsuit, you are only eligible to file a lawsuit against the manufacturers of ultra-processed foods if two conditions are met. First, you must be able to demonstrate that your child consumed ultra-processed foods. Second, you need to show that they developed serious health conditions as a result.
A lawyer can help prove a history of consumption of these foods, and an official diagnosis of conditions such as liver disease, diabetes and hypertension can establish the link. Because these are highly complex legal processes, it’s vital that you don’t attempt to file on your own.
Potential Damages Available
Ultra-processed food lawsuit settlement amounts aren’t available yet because cases are ongoing. Still, it can help to know the kinds of damages that you may be able to claim. You can receive general and special damages. But what are general damages vs. special damages?
General damages refer to compensation for tangible losses. These include the medical costs associated with getting your child the care they need and may continue to need in the future.
Caring for a sick child often means not being able to work. That results in lost income. General damages allow you to recover these losses, as well as any future ones if you can’t return to work because you’ll be helping your child full-time.
Special damages compensate you for losses that aren’t financial in nature. Your child will likely experience distress as they get treatment — and that pain and suffering deserves compensation. You can also claim loss of enjoyment of life if your child can’t live as they used to.
Working With Experienced Representation
Any time you undertake legal action against manufacturers, you need to have experienced representation by your side. These are companies that have entire legal teams ready to take on lawsuits, so make sure you have experienced representation to help you through this process.
At ConsumerShield, our team can assist you in finding the right person to guide you through a lawsuit. We connect clients with lawyers across the country, making it easier for you to focus on helping your child heal while attorneys take care of the rest.
Don’t wait to get the guidance you need. Contact us at ConsumerShield to learn more about how we can help.
