Ultra-Processed Foods Lawsuit

Ultra-Processed Foods Lawsuit: Seeking Justice for West Virginia Families Affected by Type 2 Diabetes and Fatty Liver Disease

West Virginia has witnessed an alarming rise in childhood Type 2 diabetes and nonalcoholic fatty liver disease over the past decade. What was once considered an adult-only condition now affects thousands of children and teenagers across the Mountain State. Behind this health crisis lies a troubling truth: major food manufacturers have deliberately engineered ultra-processed foods to be addictive, targeting our youngest and most vulnerable consumers.

Parents across West Virginia are watching their children struggle with serious health conditions that previous generations rarely faced before adulthood. The emotional and financial burden can be overwhelming. Medical bills pile up. Family routines revolve around medication schedules. Parents wonder if they could have done something different to protect their children.

The answer isn’t found in parental guilt; it’s found in corporate accountability. We at Powell & Majestro are working to pursue justice against the food manufacturers whose products have contributed to this public health emergency. We are investigating claims from families whose children developed Type 2 diabetes or nonalcoholic fatty liver disease before age 18 and are currently under 30 years old.

If your child was diagnosed with Type 2 diabetes or nonalcoholic fatty liver disease before their 18th birthday, you may be entitled to significant compensation. Visit our lawsuit for this case, type2lawsuit.com or call (888) 325-3044 to see if you qualify for this important legal action.

Understanding Ultra-Processed Foods and Their Impact on Children’s Health

Ultra-processed foods represent a category of industrial food products that bear little resemblance to their original ingredients. According to Dr. Stephen Devries, a preventive cardiologist and executive director of the educational nonprofit Gaples Institute in Chicago, these products are “industrial creations made with little—if any—whole foods that often contain large amounts of added sugar and salt.”

The NOVA food classification system defines ultra-processed foods as formulations of ingredients, mostly of exclusive industrial use. These products contain substances never or rarely used in kitchens, including:

High-fructose corn syrup – A sweetener linked to metabolic disorders and obesity
Hydrogenated oils – Trans fats that increase heart disease risk
Protein isolates – Processed proteins stripped of natural nutrients
Chemical additives – Artificial substances designed to enhance flavor, texture, and shelf life

Recent scientific research has revealed the sophisticated methods food companies use to make their products irresistible to consumers, particularly children. These manufacturers employ teams of food scientists, flavor chemists, and marketing specialists to create what industry insiders call the “bliss point.”

This represents the perfect combination of sugar, salt, and fat that triggers pleasure centers in the brain and encourages repeated consumption.

The American Medical Association has acknowledged that consuming ultra-processed foods on a regular basis increases a person’s risk of serious health complications. For children, whose developing bodies and brains are particularly susceptible to these effects, the consequences can be even more severe and long-lasting.

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The Science Behind Food Addiction and Childhood Health Impacts

Emerging research demonstrates that ultra-processed foods can trigger addictive responses in the brain similar to those caused by drugs and alcohol.

A groundbreaking study published in JAMA in February 2025 strengthened our legal case against ultra-processed food makers. The research showed a clear link between early childhood consumption of these products and obesity.

The CHILD Cohort Study tracked 2,217 children and found that ultra-processed foods made up nearly half of their daily energy intake. By age five, children who consumed more ultra-processed foods—especially boys—showed concerning health indicators:

Higher BMI – Increased body mass index, indicating excess weight
Increased waist-to-height ratios – A key indicator of abdominal obesity
Greater skinfold thickness – Measurements showing increased body fat

These findings provide compelling evidence that food companies understand the health risks their products pose to children. Yet they continue to market them aggressively to young consumers.

Food manufacturers have invested billions of dollars in research to understand how different combinations of ingredients affect the human brain and behavior. They’ve discovered that certain ratios of sugar, salt, and fat can override natural satiety signals.

This causes people to continue eating even when they’re full. This research has been used not to create healthier products, but to engineer foods that are increasingly difficult to resist.

The targeting of children represents a particularly concerning aspect of this strategy. Young brains are still developing impulse control and decision-making capabilities. This makes them especially vulnerable to the neurochemical effects of ultra-processed foods. Marketing campaigns featuring cartoon mascots, bright colors, and toy prizes further exploit children’s psychological vulnerabilities.

West Virginia’s Growing Health Crisis: Exacerbated by Ultra-Processed Foods

Our state has been disproportionately affected by the ultra-processed food epidemic. West Virginia consistently ranks among the highest in the nation for childhood obesity, diabetes, and other diet-related health conditions.

Several factors have created a perfect storm for public health challenges in our state:

Economic factors – Limited household budgets often lead to purchasing cheaper processed foods.
Limited access to fresh foods – Rural areas may lack grocery stores with healthy options.
Aggressive marketing – Food companies target vulnerable communities with intensive advertising.

The rise in childhood Type 2 diabetes in West Virginia has been particularly dramatic. What was once an extremely rare condition in children has become increasingly common. Some pediatric endocrinologists report that new cases now make up a significant portion of their practice.

Nonalcoholic fatty liver disease presents another alarming trend. This condition, historically associated with adults, is now being diagnosed in children as young as elementary school age.

These health conditions carry serious long-term consequences for affected children:

Type 2 diabetes complications – Heart disease, kidney damage, nerve damage, and vision problems.
Fatty liver disease progression – Can advance to liver scarring, liver failure, and liver cancer.
Ongoing medical management – Both conditions require lifelong monitoring and treatment.
Quality of life impacts – Significant effects on a child’s daily activities and future opportunities.

The financial burden on West Virginia families has been substantial. Managing childhood diabetes or fatty liver disease involves regular medical appointments, prescription medications, blood glucose monitoring supplies, and often dietary counseling.

Many families have had to make difficult choices between medical care and other necessities. Others have accumulated significant medical debt trying to provide proper care for their children.

Legal Action Against Food Manufacturers

We are pursuing lawsuits that target major food companies that have allegedly prioritized profits over public health. Our legal actions argue that manufacturers have engaged in several harmful practices:

Deceptive marketing practices – Misleading consumers about the health effects of their products
Failure to warn – Not adequately informing consumers about potential health risks
Deliberate engineering – Intentionally creating products designed to be addictive

Our legal claims draw parallels to successful litigation against tobacco companies. Both industries were held accountable for similar patterns of behavior: creating addictive products, targeting vulnerable populations, and concealing health risks from consumers.

Like tobacco companies, food manufacturers have extensive internal research documenting the health effects of their products. Yet they have continued to market them to children and families without adequate warnings.

Recent court filings have revealed internal company documents showing that food manufacturers were aware of the addictive potential of their products. These documents also demonstrate knowledge of the health risks they posed to consumers, particularly children. The evidence shows a pattern of prioritizing market share and profits over consumer safety and public health.

The defendants in our lawsuits include some of the largest food companies in the world

Kraft-Heinz Company, Inc. – Manufacturer of processed foods, snacks, and beverages
Mondelez International, Inc. – Producer of cookies, crackers, and confectionery products
Post Holdings, Inc. – Cereal and packaged food manufacturer
The Coca-Cola Company – Beverage giant with extensive product lines
PepsiCo, Inc. – Snack food and beverage conglomerate
General Mills, Inc. – Major cereal and packaged food producer
Nestle U.S.A., Inc. – Global food and beverage company
Kellanova – Breakfast cereal and snack manufacturer
WK Kellogg Co. – Cereal company spin-off
Mars Incorporated, Inc. – Confectionery and pet food manufacturer
Conagra Brands, Inc. – Packaged food company

These companies have generated billions in revenue while American families, particularly those in states like West Virginia, have borne the costs of the resulting health crisis.

Who Qualifies for Legal Action?

We are specifically seeking individuals who meet certain criteria related to their diagnosis and age. To qualify for potential compensation, individuals must meet all of the following requirements:

Diagnosis before age 18 – Type 2 diabetes, nonalcoholic fatty liver disease, or nonalcoholic steatohepatitis
Current age under 30 – Must be younger than 30 years old at the time of filing
West Virginia residency – Must be a current resident of West Virginia

This age requirement reflects our focus on cases where ultra-processed food consumption during childhood and adolescence contributed to the development of these serious health conditions.

West Virginia residency is required for participation in our specific legal action. However, similar lawsuits are being pursued in other states. Our focus on West Virginia reflects both our state’s disproportionate burden of diet-related health conditions and our jurisdiction of practice.

Our qualification process involves a detailed review of several factors:

Medical records – Documentation of diagnosis and treatment history.
Dietary history – Information about ultra-processed food consumption patterns.
Timeline factors – When symptoms first appeared and the diagnosis was made.
Contributing factors – Other elements that may have influenced health conditions.

We work closely with medical experts to establish the connection between ultra-processed food consumption and the resulting health problems.

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The Path Forward: Seeking Justice and Accountability

Our legal action against ultra-processed food manufacturers represents more than just individual compensation. It’s about creating systemic change that protects future generations of children. By holding these companies accountable for their deceptive practices and harmful products, we aim to force meaningful reforms in how food is manufactured, marketed, and sold to families.

Successful litigation could result in several important outcomes:

Financial compensation – Help offset substantial medical costs for affected families.
Marketing practice changes – Court-ordered reforms to reduce targeting of children.
Warning label requirements – Mandatory labels to help parents make informed decisions.
Industry accountability – Establishing legal precedent for corporate responsibility.

Recent developments in similar cases have been encouraging for plaintiffs. Courts have increasingly recognized the validity of claims against food manufacturers. Several cases have survived motions to dismiss, allowing discovery to proceed.

This discovery process has revealed damaging internal documents that support our claims about corporate knowledge of health risks and deliberate targeting of children.

Taking Action: Your Rights and Options

If your child was diagnosed with Type 2 diabetes or nonalcoholic fatty liver disease before age 18 and is currently under 30, you may have legal options available.

The first step is to complete a confidential case evaluation to determine whether your situation qualifies for legal action. Our evaluation process is designed to be straightforward and respectful of your family’s privacy. We will review several key factors:

Your child’s medical history – Diagnosis timeline and treatment records
Age at diagnosis – Confirmation that diagnosis occurred before 18th birthday
Current age – Verification that your child is currently under 30
West Virginia residency – Confirmation of current state residency
Potential case strength – Assessment of the likelihood of successful outcome

There is no cost for this initial evaluation. You are under no obligation to proceed with legal action after our review.

Time limits may apply to filing legal claims. This makes it important to act promptly if you believe your family may qualify. Statutes of limitations vary by state and can be affected by factors such as when the health condition was diagnosed and when the connection to ultra-processed foods became apparent.

Participating in legal action can feel overwhelming, especially when dealing with a child’s serious health condition. We understand these concerns. We work to make the process as manageable as possible for families.

We handle all aspects of the legal proceedings while keeping families informed about important developments in their case.

Powell & Majestro: Your Experienced Advocates for West Virginia Families

We have built our reputation as a skilled and dedicated law firm serving West Virginia communities. Our attorneys understand the unique challenges facing families in our state, and we are committed to fighting for justice on behalf of affected families.

Key advantages of working with our experienced legal team include:

No upfront costs – Contingency fee arrangements mean no attorney fees unless successful.
Extensive resources – Capabilities to handle complex litigation.
Local knowledge – Deep understanding of West Virginia communities and challenges.
Proven track record – History of successful outcomes against large corporations.
Client-focused approach – Commitment to keeping families informed throughout the process.

Don’t let food companies escape accountability for the harm they’ve caused to your family. If your child was diagnosed with Type 2 diabetes or nonalcoholic fatty liver disease before age 18, visit our lawsuit for this case, type2lawsuit.com today or call (888) 325-3044 to learn about your legal options. The evaluation is free, confidential, and could be the first step toward getting the justice and compensation your family deserves.