The world is watching on with interest to see how Robert F Kennedy Jr can ‘Make America Healthy Again’. Even before the new US administration got started – with the new US Health & Human Services department secretary having previously vowed to banish ultra-processed foods, eliminate food dyes and regulate against the “toxic soup” of ingredients served in school lunches – a class action lawsuit was launched in the US at the tail-end of last year against the likes of Mondelez, Kraft Heinz, Coca-Cola, Nestlé and Kellanova. And trial attorneys in the US are also pursuing a separate class action lawsuit against the Food & Drug Administration itself.
But as we report, the threat of legal action on UPFs is also hovering over the UK, with Leigh Day in early exploratory talks with think tanks and policy experts over UPFs, as well as alcoholic drinks and vapes.
The case against UPFs is particularly contentious. At its heart is the notion that Big Food has consciously set out to make food more ‘addictive’ in much the same sinister way as Big Tobacco. Indeed, a recent report suggested that in the 1980s the link was quite literal, arguing tobacco companies acquired major food companies including Kraft, General Foods and Nabisco so they could make billions more, using the same techniques to hook consumers on processed foods.
So maybe it won’t come as a surprise that, as we report, Big Food is threatening legal action over the junk food ad ban. It has fought regulation every step of the way, fearing that food is on the same slippery slope to marketing oblivion as tobacco.
On the other hand, the objections are valid. With a matter of months to go before the legislation is due to come into force, the guidance has still not been clarified, but in its current form it would ban ‘brand’ advertising of any kind.
That could mean all forms of advertising – whether corporate or indeed for ‘healthy’ products within the portfolio of any brand selling mostly HFSS products – would be nobbled. That represents an existential threat. And a threat to jobs, growth, prosperity and even health.
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