Key Takeaways

• Major food companies, including Coca-Cola and PepsiCo, are using lawsuits to challenge public health policies aimed at reducing the risks associated with ultra-processed foods.
• Over 239 lawsuits have been filed against health regulations in several countries, with a significant focus on labeling and sugary drink taxes.
• Despite losing 82% of these cases, the ongoing litigation delays the implementation of public health measures.

Corporate Tactics Mirror Big Tobacco

Recent revelations indicate that large food and beverage companies are adopting tactics reminiscent of those used by the tobacco industry when resisting public health initiatives. An investigation by nonprofit Lighthouse Reports, in cooperation with various media outlets globally, accuses giants like Coca-Cola and PepsiCo of attempting to legally obstruct health regulations. These companies allegedly petition governments to challenge the effectiveness of laws dealing with ultra-processed foods (UPFs), which are increasingly linked to various health issues, including obesity, diabetes, and heart disease.

UNICEF legal expert Katherine Shats, during a webinar discussing the investigation, highlighted that the consumers are caught in “unhealthy food environments” where UPFs are prevalent. She advocates for legislative changes that would change the policy landscape surrounding food and beverage companies, such as taxes on sugary drinks or mandatory labeling for high-salt products. According to Shats, laws can help shape social norms around health and business practices.

Litigation Strategy Unveiled

The investigation spans a decade, demonstrating how major food companies have systematically fought against regulations while publicly claiming a commitment to improving public health. This strategy involves multiple tactics at various stages of policy-making, including contesting science, promoting disinformation, and engaging in lobbying and legal actions.

Corporate tactics used by Big Food mirror those once employed by tobacco firms, creating a strategy in which companies claim to be allies in public health while simultaneously undermining beneficial policies. Shats and Thin Lei Win, a lead reporter for Lighthouse Reports, draw parallels between the two industries, suggesting that the food sector risks facing similar reputational challenges if it continues down this path.

Investigation Insights

The investigation noted the alarming extent of litigation from food companies against public health measures. Between 2010 and 2025, 239 lawsuits were filed by major food and beverage entities across Mexico, Colombia, Brazil, the US, the UK, and India. Coca-Cola and PepsiCo were involved in the majority of these lawsuits, with Coca-Cola leading with 24 cases and PepsiCo following with 17. Most were aimed at legislation regarding front-of-pack labeling, advertising junk food to children, and taxes on unhealthy food options.

Although Big Food companies lost 82% of their legal battles, they succeeded in dragging out the legislative process, further complicating public health efforts. Notably, Mexico saw the highest volume of lawsuits, with 193 filed, mostly targeting labeling regulations the companies argue infringe on their constitutional rights.

Encouragement to Legislate for Health

Thin Lei Win pointed out that ongoing litigation is being used as a strategy to stall public health advancements. She urged governments to prioritize public health in legislation rather than succumbing to industry pressures. Shats reinforced the importance of developing clear policies with solid public health objectives and transparency, asserting that industries should not be contributors to policy design.

She emphasized that legal threats should not dissuade health initiatives as they often reveal the industry’s opposition to regulations designed to protect public health. With legal arguments predictable and established, it is crucial to anticipate these challenges rather than shy away from enacting necessary health measures for the public good.

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