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FMCG giants accused of using lawsuits to undermine efforts to tackle obesity

FMCG Firms

Major FMCG companies face accusations of using legal action to undermine public health efforts aimed at tackling obesity and improving nutrition.

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The world's largest ultra-processed food (UPF) companies like PepsiCo are undermining global efforts to tackle obesity by taking governments to court over public health policies, according to the director general of the World Health Organisation (WHO).

Tedros Adhanom Ghebreyesus said repeated legal challenges against measures such as front-of-pack nutrition labels, junk food taxes and advertising restrictions are delaying action on obesity while placing significant financial pressure on governments.


Around three-quarters of the lawsuits were brought either directly by ultra-processed food manufacturers or by industry trade associations. Among cases where plaintiffs could be identified, 38 per cent were filed by eight parent companies including PepsiCo, Kellogg's, and Heartland Food Products Group.

His comments follow a global investigation led by The Guardian, in collaboration with academics, Lighthouse Reports and international media partners, which examined legal challenges to public health policies targeting ultra-processed foods between 2010 and 2025.

The investigation identified 235 lawsuits filed in countries including Mexico, Colombia, Brazil, the United States and the UK. Although around three-quarters of the resolved cases were ultimately unsuccessful for food companies, Tedros argued that the litigation itself has slowed the implementation of health policies by an average of 2.5 years per case.

"The findings... come as no surprise, but they are met with grim recognition," Tedros said. "When harm and profit are tied to the same product, a familiar pattern of industry interference emerges: sowing doubt and obstructing regulation."

According to the WHO chief, the legal battles amount to nearly 600 cumulative years of litigation, costing governments billions in healthcare and legal expenses while discouraging other countries from pursuing similar measures.

"These delays cost countries billions in healthcare and legal expenses and create a regulatory chill that deters governments from adopting vital protections," he said.

The research found that food labelling policies attracted the highest number of legal challenges, followed by taxes on unhealthy foods and restrictions on marketing.

The investigation also found that some companies sought court orders to keep their identities confidential during legal proceedings.

Globally, almost one billion people are now living with obesity, with unhealthy diets recognised as a major contributor to heart disease, type 2 diabetes and certain cancers. Consumption of ultra-processed foods has continued to rise and now accounts for around half of the average diet in countries including the UK, the US and Australia.

Governments have increasingly responded by introducing policies aimed at encouraging healthier eating, including mandatory nutrition labelling, marketing restrictions and fiscal measures targeting unhealthy products.

While major food manufacturers have publicly expressed support for improving consumer health and reformulating products, Tedros said these efforts must be matched by an end to legal action against public health measures.

"These efforts are welcome, but they are not sufficient on their own to meet the scale of this global health crisis," he said. "To contribute meaningfully to the solution, companies should also end litigation and other tactics that strain limited government resources and hinder efforts to protect public health."

Tedros noted that many of the measures being challenged in court have already demonstrated positive results in improving diets and reducing obesity in countries where they have been implemented.

However, he warned that such policies remain concentrated in upper-middle and high-income countries, leaving lower-income nations with fewer resources to withstand lengthy legal disputes.

"This reflects a broader inequity, not only in the growing burden of disease but also in governments' capacity to respond, an inequity that litigation compounds by delaying action where the need is greatest," he said.

Calling for continued government action, Tedros urged policymakers not to be deterred by industry challenges.

"Momentum for change is building, and WHO remains committed to supporting these efforts every step of the way," he said.