I’ve covered nutrition and chronic disease for over a decade, and I can confidently say that not much has changed on the policy front to address how food environments sicken us. As obesity rates increased, and as Type 2 diabetes grew more common, the American food landscape became an ultraprocessed dystopia, abundant in calories and short on nutrition. Since co-writing a book on food and chronic disease, I’m often asked what it would take to end this impasse and improve our food environments. Given the lobbying power of the $10 trillion food and beverage industry, I have never had a satisfying answer. But recently, I found one while looking back at the history of public health. There is a long tradition of using litigation to fight for public health measures that the legislative and executive branches of government failed to deliver, long after the harms of a product have been established. Think leaded paint, asbestos, unsafe automobiles, opioids and, of course, cigarettes. I became fascinated by the case of Bryce Martinez, now 20, who was diagnosed with Type 2 diabetes, obesity and fatty liver disease as a child. Two years ago, he filed the first lawsuit against major ultraprocessed food manufacturers, alleging that the consumption of their products brought on his diseases. Since that lawsuit, there has been a flurry of other personal injury complaints this year, all making similar claims against roughly the same set of food companies And last year, San Francisco’s city attorney also filed suit, alleging that Big Food companies essentially worsened a public health crisis that has strained health budgets. I wrote about this new battlefront against Big Food for Times Opinion because I think it’s the beginning of what will be a long and important war. But it’s also emblematic of the moment we’re living in. From A.I. chatbots to social media, people are concerned that they’re not in control of what they or their children are consuming. Too many industries erode our individual agency rather than enhance it. The same is true of what we eat, and these lawsuits suggest that the public is finally starting to see that.
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