Henry Noye Weighs In on Regulatory Push to Define ‘Ultra-Processed Foods’ and Its Legal Impact
Henry Noye, a partner in Obermayer’s Catastrophic Loss Group, shared his perspective in Law.com on July 24, 2025, regarding the growing wave of litigation over ultra-processed foods and how a new federal definition could influence these cases. The article, “What FDA and USDA’s New Pursuit of ‘Ultra-Processed Foods’ Definition Means for Emerging Litigation,” explores the legal and regulatory questions surrounding claims that such foods pose health risks.
The U.S. Food and Drug Administration and U.S. Department of Agriculture recently announced hat they are working to create a federally recognized definition of ultra-processed foods, a move that could influence future litigation. However, Noye, who is not involved in the lawsuits, questioned the impact of the agencies’ efforts on ongoing lawsuits.
For one thing, Noye said, investigations take a while, and the agencies’ research is unlikely to resolve in time to change the outcome of currently pending litigation. And once the agencies reach a formal definition, Noye contended, there are obstacles for both sides in trying to apply it retroactively.
In the meantime, Noye asserted, the broadness of the plaintiffs’ definition creates some obstacles. He posited that targeting of a wide range of products and companies can make it difficult for the plaintiffs to identify a specific component that creates a specific harm.
“It seems to me it’s going to create a large causation hurdle if you are focused on a smorgasbord, pun intended, of different processed products,” he said.
Read the full article here.
