Understanding and Capitalizing on Ultra-Processed Foods Litigation 

A Strategic White Paper from Blue Sky Legal

In a recent post on LinkedIn, mass tort attorney Joseph Fantini summarized the mood at the 2025 Mass Torts Made Perfect conference, stating, “There was a lot of buzz about the ultra-processed food litigation.” He later added, “This time, the study links UPF to Parkinson’s disease… As time goes on we will learn more about how harmful these products are.”

Attorney Mike Papantonio recently also echoed this sentiment and emphasized the broader stakes: “These foods are marketed as healthy… It is ridiculous. It’s a lie.” He has publicly referred to the UPF litigation movement as “the next tobacco,” emphasizing the litigation’s magnitude and long-term significance.

Ultra-processed foods (UPFs) are now implicated in a range of chronic conditions, from pediatric Type 2 diabetes and NAFLD to Parkinson’s Disease. These lawsuits challenge the systemic marketing and engineering practices of major food conglomerates, alleging deceptive marketing and the failure to warn consumers about health risks. With prominent mass tort attorneys like Joseph Fantini and Mike Papantonio signaling mass tort momentum and drawing comparisons to tobacco litigation, the groundwork for a major public health case is already forming.

Defining the Case

Key qualifying criteria include:

  • Diagnosis of Type 2 Diabetes or NAFLD before age 18
  • Current age under 25 (up to 30 in some cases)
  • Documented history of high UPF consumption
  • Absence of genetic or lifestyle factors explaining diagnosis

    Emerging litigation trends highlight aggressive marketing to children, use of cartoon mascots, and food designs engineered for addiction. Allegations range from negligence to gross misconduct by manufacturers, drawing directly from the legal playbooks of tobacco, opioids, and baby food heavy metal cases.

    Quantifying the Opportunity

    Population data highlights the litigation’s scale:

    • 5,300+ new pediatric Type 2 Diabetes cases per year
    • Up to 13% of U.S. children affected by NAFLD
    • 90,000 new Parkinson’s cases annually (500K-1M affected)
    • 40% adult obesity rate with severe obesity growing year over year

    Projections suggest a sharp rise in these conditions over the next 1-2 years, creating a substantial pipeline of potential claimants.

    Strategic Plaintiff Acquisition

    Two primary audiences:

    Parents of Pediatric Victims

    • Messaging focused on corporate betrayal, child vulnerability, and long-term health harm
    • Channels: Facebook, Instagram, parenting sites, and health forums

    Young Adults (18-30)

    • Messaging centered on personal health impact, justice, and medical cost recovery
    • Channels: TikTok, YouTube, influencer partnerships, SEO

    Blue Sky Legal’s Advantage

    Our agency’s strength lies not only in our deep knowledge of mass tort dynamics but in our unique ability to engage the right populations through ethical, scalable, data-informed outreach. Our success in Social Media Addiction and Video Game Addiction campaigns demonstrates our proven capacity to reach and convert parents of minors into signed plaintiffs.

    Expanding on Our Expertise: Lessons from Addiction Torts In Social Media Addiction and Video Game Addiction litigation, Blue Sky Legal has targeted similar parent profiles:

      • Messaging highlights betrayal of trust, manipulation of children’s psychology, and catastrophic emotional and physical consequences.
      • Ad creative features real parent testimonials, expert commentary, and simplified visuals explaining behavioral design.
      • Ad delivery was layered with behavioral targeting to reach parents of minors showing signs of addiction-related distress—based on their engagement with online support groups, searches, and health content.

    These same behavioral and demographic tactics translate seamlessly to UPF:

      • Parents already concerned about sugar, weight gain, and chronic illnesses in their children are highly receptive.
      • They are likely to respond to direct appeals around corporate deception and childhood exploitation.

    Detailed Strategy: Reaching Parents at Scale

      • Psychographic Segmentation: We build parent personas based on school-aged children, concern for health/diet, and brand-sensitive shopping behaviors (engagement with organic foods, meal planning tools, etc.).
      • Search Intent Capture: Via SEM and content partnerships, we capture search traffic on terms like “child diagnosed with fatty liver,” “early diabetes in teens,” and “healthy food alternatives to Lunchables.”
      • Behavioral Remarketing: If a user clicks a post on pediatric diabetes and doesn’t convert, our remarketing logic re-engages them with explainer videos, diet substitution guides, and eventually legal CTA ads.
      • Social Proof + Case Study Format: We deliver anonymized, compliant mini-case studies to illustrate the story arc from harm to justice. For example, a parent of a 14-year-old boy with NAFLD and severe obesity who discovered the food links and took action.

    Reaching Young Adults: Digital Native Strategy

      • Content Funnel Approach: Short-form TikTok/Reels content uses hooks like “Why You’re Sick in Your 20s (And Don’t Know Why),” leading to long-form YouTube or blog content.
      • Community Seeding: Reddit and Discord forums for chronic illness sufferers in their 20s are seeded with educational content, emphasizing early-life dietary patterns and symptoms.
      • Influencer Partnerships: Transparent campaigns with micro-influencers who speak on chronic illness, weight stigma, and processed food awareness. All campaigns are disclosed as legal informational content.
      • SEO and Landing Page Network: Dozens of optimized pages target queries like “fatty liver in college,” “undiagnosed diabetes symptoms,” and “processed food addiction lawsuits.”

    Intake Criteria for Qualified UPF Claimants

    To ensure our clients receive high-value, litigation-ready cases, Blue Sky Legal enforces a refined intake framework for UPF campaigns:

      • Consumption Duration: Claimant must have routinely consumed one or more named ultra-processed food products for a continuous period of no less than 30 days.
      • Targeted Product Lines: We are evaluating foods produced by the following consumer goods companies:
        • Kraft Heinz
        • Mondelez International
        • Coca-Cola Company
        • PepsiCo
        • General Mills
        • Nestlé
        • Kellanova (formerly part of Kellogg)
        • Mars, Inc.
        • Conagra Brands
      • Qualifying Diagnoses:
        • Non-Alcoholic Fatty Liver Disease (NAFLD)
        • Type 2 Diabetes
      • Exclusionary Red Flags:
        • Individual was 18 or older at time of diagnosis
        • History of gestational diabetes or pre-diabetes that pre-dates exposure to UPFs
      • Preferred Age Range: Focus is on claimants currently younger than 25. Exceptions for those aged up to 30 will be considered with corroborative history indicating long-term early consumption.

    Partner with Blue Sky Legal

    We deliver signed retainers at a targeted price range using proven, compliant, and scalable methodologies. Our campaigns are built from the ground up for every tort and backed by our in-house data science and intake teams.

    Our UPF campaigns are live. We’ve already sourced cases with strong medical documentation and clear dietary correlation. We’re ready to scale.

    If your firm is planning to enter this litigation, let Blue Sky Legal help you build the base. From behavioral targeting to signed retainer delivery, we are your performance partner in complex litigation.

    Contact us to learn more: https://blueskylegal.com/contact-us/

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