Ultra Processed Foods
CHARLESTON – Two Charleston law firms are pursuing legal action against the manufacturers of ultra processed foods that are believed to be the sources of an epidemic of Type 2 Diabetes and Nonalcoholic Fatty Liver Disease in Mountain State children.
Hill Peterson Carper Bee & Deitzler along with Powell & Majestro haven’t filed lawsuits yet, but they are encouraging people to respond. That includes those diagnosed before 18 years of age and currently under 30 years old who have been diagnosed with type 2 Diabetes; Nonalcoholic Fatty Liver Disease; or have been diagnosed with Nonalcoholic Steatohepatitis. Parents and grandparents of individuals who meet these criteria also are encouraged to reach out.
The firms have created a website – type2lawsuit.com – for individuals to share information and help contribute to the legal outreach. Citizens that meet the criteria also can call 888-325-3044 to see if they qualify.
West Virginia has the highest percentage of diagnosed adults (Type 2 Diabetes) in the United States, according to the West Virginia Department of Health and Human Resources. In 2023, 18.2 percent of adults in West Virginia were diagnosed with Type 2 Diabetes. An additional 65,210 West Virginians are estimated to have undiagnosed diabetes. West Virginians have also experienced higher prevalence of co-morbid conditions such as obesity, physical inactivity, hypertension and hyperlipidemia.
Earlier this year, Gov. Patrick Morrissey called for and the West Virginia Legislature enacted legislation addressing food dyes and additives in the recently completed legislative session.
U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. joined Morrissey in Martinsburg in March to call for healthier diets and daily exercise to reduce public health challenges.
The lawyers say one of the leading factors that will be considered is intake of ultra processed foods. According to the American Medical Association, consuming ultra processed foods on a regular basis increases a person’s risk of health complications – including cardiovascular disease, certain cancers, obesity, and Type 2 Diabetes.
“Ultra processed foods are industrial creations made with little — if any — whole foods that often contain large amounts of added sugar and salt,” said Stephen Devries, MD, a preventive cardiologist and executive director of the educational nonprofit Gaples Institute in Chicago. He also said ultra processed foods “are typically infused with artificial colors and additives.”
