From Cigarettes to Cereal: Analyzing the Rise, Peak, and Fall of Ultra-Processed Foods and the Legal Battle Against Industry Food Deception

Authors

• Charlotte F. Baird, Southern Methodist University, Dedman School of LawFollow

Abstract

This Comment explores the legal, regulatory, and public health dimensions of ultra-processed foods (UPFs) in the United States and abroad, revealing the urgent need for comprehensive reform. It traces the historical evolution of UPFs, exposing how Big Tobacco strategically pivoted into the food industry after facing public backlash and regulatory crackdowns with cigarettes and tobacco products. Using the same research tactics, behavioral manipulation, and aggressive marketing practices once employed to sell cigarettes, Big Tobacco companies repurposed their corporate expertise to engineer food designed for potential addiction, overconsumption, and profit, while often targeting children and marginalized communities. This Comment critically examines the resulting regulatory landscape, focusing on the systemic failures of the Food and Drug Administration and the Federal Trade Commission to protect public health. Furthermore, this Comment explores the rise of litigation efforts—such as Martinez v. Kraft Heinz Co.—as an emerging battleground for holding food giants accountable for their questionable deceptive practices and ensuing adverse health effects. It highlights how powerful industries have manipulated legal and institutional structures, perpetuating a cycle of consumer misinformation and mass chronic health issues. In contrast, international regulatory frameworks in other industrialized nations can be utilized as models for precautionary principles, proactive ingredient bans, and tighter restrictions on marketing and food labeling. This Comment argues that the United States is in the midst of a silent public health crisis, driven by a food environment saturated with chemically engineered products designed for maximum appeal and minimum nutrition. With bipartisan frustration growing and with Robert F. Kennedy Jr. now confirmed as U.S. Health Secretary, the opportunity for meaningful change is within reach. From overhauling dietary guidelines and food labeling laws to eliminating corporate influence in regulatory bodies, this Comment offers a roadmap for reforming the American food system. Ultimately, it argues that reversing the United States’ health trajectory requires bold legal intervention, ethical governance, and an unwavering commitment to transparency. As America grows sicker by the moment, burdened by rising rates of obesity, diabetes, and other diet-related diseases, the time for decisive legal and regulatory action is not just urgent—it is long overdue.

Recommended Citation

Charlotte F. Baird, From Cigarettes to Cereal: Analyzing the Rise, Peak, and Fall of Ultra-Processed Foods and the Legal Battle Against Industry Food Deception, 28 SMU Sci. & Tech. L. Rev. 729 (2025)