Research published by reinsurer Swiss Re Sigma Insights 05/2026 Examines the evolving legal risks associated with ultra-processed foods (UPF).
The analysis, authored by Jonathan Anchen, head of market intelligence at Swiss Re, and Vinitha Ajit, research analyst at Swiss Re, assesses how litigation strategies, scientific debates and public policy discussions may impact food manufacturers’ future liability exposure.
Analysts explained that ultra-processed foods represent a potential long-tail liability risk that may exhibit similar characteristics to other industries where liability costs expand over time. Litigation dynamics may also be affected by excessive inflation, which can amplify the financial impact of a claim as it develops, the report noted.
According to Swiss Re, a major development occurred in December 2025, when government authorities filed the first lawsuit against ultra-processed food manufacturers. Swiss Re said the case reflected a new direction in the industry’s legal strategy. Litigation methods often change as a claim matures, particularly when the number of potential claimants is large.
Analysts report that early claims have focused on personal injury allegations, with plaintiffs arguing that consumption of a specific product caused a health condition. Recent legal strategies have expanded to include public cost recovery actions. Swiss Re explains that these claims seek to cover healthcare or social costs associated with diet-related illnesses and often rely on legal theories such as unfair competition or public nuisance.
Swiss Re notes that this strategy allows plaintiffs to avoid some of the evidentiary hurdles associated with proving a direct causal link between a specific product and an individual’s health outcome. By basing their claims around broader public costs or market practices, plaintiffs may try to get around the scientific hurdles that typically arise in personal injury litigation.
Despite this shift, Swiss Re said personal injury cases remain active and continue to form part of the legal landscape. Swiss Re explained that internal company documents could become core evidence if the case passes preliminary motions and proceeds to discovery. Swiss Re observed that disclosure of such material has historically played a decisive role in other major liability disputes and could result in significant defense costs or settlement pressure.
Analysts also noted that a successful case could create momentum for further legal action. According to Swiss Re’s analysis, a favorable outcome for plaintiffs in one jurisdiction may encourage similar claims elsewhere, potentially leading to subsequent litigation or similar litigation strategies in multiple markets.
A key narrative raised by the plaintiffs involves the formulation and consumption patterns associated with ultra-processed foods. Swiss Re explained that some claimants believed the products were well-designed, attractive and sometimes described as “super tasty”, which could encourage increased consumption. Plaintiffs have sometimes described the design as leading to behavior that resembles addictive consumption patterns, according to Swiss Re.
Swiss Re highlights that in some high-income economies, ultra-processed foods account for a large portion of dietary intake. Figures cited by Swiss Re show that in countries such as the United States and the United Kingdom, these products account for more than half of total energy consumption. Swiss Re further noted that in the United States, approximately 61.9% of calories for children and adolescents aged 1 to 18 years come from ultra-processed foods.
Analysts stress that legal claims involving ultra-processed foods face several scientific and definitional challenges. One difficulty Swiss Re identified was the lack of a universally agreed upon definition of ultra-processed foods. This lack of consistency can complicate legal arguments, regulatory frameworks and scientific interpretations.
Swiss Re also explained that determining direct causal links between ultra-processed food consumption and specific health outcomes remains complex. The report notes that there are relatively few randomized controlled trials that examine this issue in depth. As a result, Swiss Re observed that plaintiffs often relied on observational studies to establish correlations between high intakes of ultra-processed foods and adverse metabolic health indicators.
Although observational studies cannot provide the same level of causal evidence as controlled experiments, Swiss Re reports that a growing number of studies have attracted increasing attention from governments, regulators and public health authorities. Swiss Re said that over time, this growing policy interest could influence how courts and regulators assess the issue.
Analysts concluded that litigation strategies are likely to continue to evolve as plaintiffs test different legal approaches. Swiss Re said some cases could progress further through the legal process if courts allow observational evidence to play a greater role in proceedings.
Swiss Re said the possibility of the case going to a jury or entering an extensive investigative phase could create leverage for plaintiffs and increase financial risks for companies involved in the production and marketing of ultra-processed foods.
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