The potential formation of a Multi-District Litigation (MDL) to oversee claims that ultra-processed foods cause childhood diabetes, fatty liver disease, and other injuries is a topic of emerging legal interest. As of February 2025, individual lawsuits have been filed, but an MDL has not yet been established.
UPF Litigation Status
In December 2024, Bryce Martinez filed a landmark lawsuit in the Philadelphia Court of Common Pleas. He alleges that consuming ultra-processed foods from companies like Kraft Heinz, Mondelez, and Coca-Cola led to his diagnosis of type 2 diabetes and non-alcoholic fatty liver disease at age 16. This case has garnered significant attention and may pave the way for similar claims. Reuters News
Ultra-Processed Foods MDL Formation Factors
The Judicial Panel on Multidistrict Litigation (JPML) considers several factors when deciding to form an MDL:
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Numerosity of Cases: A substantial number of related lawsuits filed across various jurisdictions can prompt consolidation.
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Common Questions of Fact: Cases must share factual issues, such as allegations that specific ultra-processed foods contribute to certain health conditions.
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Convenience and Efficiency: Centralizing cases should promote efficient pretrial proceedings and reduce duplicative discovery.
Currently, the number of filed cases related to ultra-processed foods and childhood health conditions is limited. However, as awareness grows and more plaintiffs come forward, the likelihood of meeting the JPML’s criteria increases.
Precedents in Food-Related MDLs
The legal system has seen MDLs in food-related cases. For instance, in 2023, the JPML consolidated lawsuits involving toxic heavy metals in baby food, citing common factual questions and the benefit of centralized proceedings.
Potential UPF MDL Timeline for Diabetes Claims
If the number of related lawsuits rises, plaintiffs’ attorneys may file a motion with the JPML to form an MDL. The process involves:
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Filing the Motion: Attorneys request consolidation, outlining the commonalities among cases.
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Response from Defendants: Companies named in the lawsuits can support or oppose the motion.
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JPML Hearing: The panel reviews arguments from both sides and assesses whether consolidation serves judicial efficiency.
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Decision: If approved, the JPML assigns the MDL to a specific district court and judge.
This process can take several months. Factors such as the geographic distribution of cases, the judges’ experience, and the potential impact on the parties involved influence the panel’s decision.
Upon selection, the presiding judge will determine further UPF MDL timelines.
Implications for Plaintiffs
For individuals considering legal action, it’s crucial to stay informed about developments in this area. Consulting with a personal injury lawyer experienced in food-related litigation can provide guidance on:
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Evaluating Claims: Assessing the strength of the case based on current scientific evidence and legal precedents.
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Filing Procedures: Understanding the appropriate jurisdiction and timing for filing a lawsuit.
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MDL Participation: UPF diabetes MDL formation will necessitate determining how it affects individual claims and the potential for settlement.
Follow this link for additional information on our UPF lawsuit attorneys.
While UPF MDL formation for childhood diabetes and fatty liver disease has not yet occurred, the evolving legal landscape suggests it may be coming soon. Individuals affected should seek legal counsel to navigate this complex and developing area of law.