(An incorrect RIC was removed in paragraph 14)
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Judge says lawsuit lacks details on cause of plaintiff's
illness
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Plaintiff's lawyer says they will explore options
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Case seen as a test for lawsuits over ultra-processed
foods
By Diana Novak Jones
Aug 25 (Reuters) - Kraft, Mondelez ( MDLZ ),
Coca-Cola and several other major food companies on
Monday succeeded in winning the dismissal of a lawsuit that
accused them of designing harmful "ultra-processed" foods
addictive to children.
U.S. District Judge Mia Perez in Philadelphia granted the
companies' motion to dismiss after finding that the plaintiff in
the case, 19-year-old Bryce Martinez, failed to connect specific
food products to his Type 2 diabetes and non-alcoholic fatty
liver disease.
Martinez, a Philadelphia resident, said he was diagnosed
with the illnesses at age 16 after consuming the companies'
products.
The lawsuit was seen as a test case because it accused the
companies of using the same strategies the tobacco industry once
did in knowingly addicting Americans to popular food products
despite their health risks.
While the definition of ultra-processed foods is under debate,
researchers have considered it to apply to many packaged snack
foods, sweets and soft drinks made with substances extracted
from whole foods or synthesized artificially.
Perez said that the lawsuit listed more than 100 food brands but
Martinez failed to name any specific products as causes of his
illnesses.
Representatives for Kraft Mac & Cheese and Heinz ketchup maker
Kraft Heinz ( KHC ), Oreo cookies and Ritz crackers baker Mondelez ( MDLZ ) and
soft drink company Coca-Cola did not immediately respond to
requests for comment.
General Counsel Stacy Papadopoulos of the Consumer Brands
Association, an industry group representing food and beverage
makers, said in a statement the lawsuit should never have been
filed.
"Classifying foods as unhealthy simply because they are
processed misleads consumers and exacerbates health
disparities," she said.
Mike Morgan, an attorney for Martinez, said in a statement
that they were evaluating options for next steps in the case.
"The scientific evidence demonstrating the addictive nature
of these products is compelling, and we remain confident in the
merits of our case," Morgan said.
Ultra-processed foods have come under more scrutiny during
the second Trump administration. U.S. Health Secretary Robert F.
Kennedy Jr. said in May that the "central focus" of the National
Institutes of Health and the Food and Drug Administration will
be on studying ultra-processed foods, sugars and food additives.
Also in May, a commission led by Kennedy issued a report
that said processed food, chemicals, stress and
over-prescription of medications and vaccines may be factors
behind chronic illness in American children.
Martinez's lawsuit alleged food companies have long known
their products are harmful and deliberately engineered them to
be as addictive as possible. It alleged they are drawing from
the same "cigarette playbook" as tobacco giants Philip
Morris and R.J. Reynolds, which for a time owned the companies
that became Kraft Heinz ( KHC ) and Mondelez ( MDLZ ).