In 2025, hundreds of lawsuits targeting food and beverage companies for false or misleading advertising and ultra-processed foods were filed, with more expected in the new year.
While suits targeting food and beverage companies aren't anything new, legal experts have opined that they have seen an increase in litigation in recent years as conversations around ingredients and additives increase at the federal level and within food and beverage companies themselves.
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Marketing Products' Health Benefits
In November, PepsiCo announced that it would begin rolling out Cheetos and Doritos snack options without artificial dyes to "meet consumer demand."
Blank Rome partner Charles S. Marion, the current co-chair of the firm's food and beverage team, shared that some false labeling and advertising suits have been targeting marketing commonly seen on food and drink packaging, including terms like "all natural." PepsiCo has also seen its fair share of litigation over these branding choices.
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Growing Area of Liability
Graves and Marion said ultra-processed foods litigation has been an area of increased popularity, which they predict will continue in 2026.
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“Ultra-Processed Foods: An Emerging Area of Litigation for Food, Beverage Companies, Attorneys Say,” by Riley Brennan, was published in Law.com on December 23, 2025.