In a legal move sending tremors through the global food industry, the city of San Francisco has filed a pioneering lawsuit against ten of the world's largest food and beverage companies. City Attorney David Chiu accuses giants like Coca-Cola, PepsiCo, Nestlé, and Kellogg of creating a public health crisis through the production and deceptive marketing of ultra-processed foods (UPFs).

This lawsuit, the first of its kind by a government entity, argues that these corporations knowingly engineered addictive and harmful products that have fuelled soaring rates of chronic disease, leaving taxpayers to bear the staggering healthcare costs. For Kenyans, watching from afar, this American legal battle casts a harsh spotlight on the rapidly changing contents of our own shopping baskets and the silent health emergency creeping into our homes.

The Heart of the Matter: What Are UPFs?

Ultra-processed foods are not just foods with added salt or sugar. They are industrial formulations, often containing substances not found in a typical home kitchen, such as artificial colours, flavours, and emulsifiers. Think packaged snacks, sugary drinks, instant noodles, and many mass-produced breads and cereals. A comprehensive 2024 review published in The BMJ, covering nearly 10 million people, found direct links between high UPF consumption and 32 severe health problems.

The health risks identified are alarming and widespread:

• A roughly 50% increased risk of death related to cardiovascular disease.
• A 12% greater risk of developing Type 2 diabetes.
• A 21% greater risk of death from any cause.
• Increased risks for obesity, cancer, and common mental health disorders like anxiety and depression.

A Familiar Crisis on Kenyan Soil

While the lawsuit originates in California, its relevance to Kenya is undeniable. Our nation is grappling with a nutrition transition, where traditional diets are increasingly replaced by packaged and processed products. According to Kenya's Ministry of Health, non-communicable diseases (NCDs) like diabetes and heart disease accounted for 39% of all deaths in 2020, a sharp rise from 27% in 2014.

The statistics paint a grim local picture:

• Diabetes: Approximately 4.5% of the Kenyan population is affected by diabetes, with prevalence in Nairobi reaching as high as 7.5%. The economic burden of the disease is estimated at KES 24.6 billion annually.
• Hypertension: Cardiovascular diseases are a major concern, with high blood pressure affecting millions and contributing significantly to the national mortality rate.
• Rising Consumption: Studies show that in urban areas like Mombasa and Nairobi, UPFs are highly available and heavily marketed, often occupying over a third of shelf space in supermarkets. In some urban slums, these products already contribute to over 25% of adolescents' daily calorie intake.

This rise in diet-related illness places a severe strain on Kenyan households, where high out-of-pocket healthcare payments can lead to financial ruin. Research indicates that NCDs can reduce a household's income by a staggering 28.64%, pushing families deeper into poverty.

Accountability on the Menu

The San Francisco lawsuit alleges that food companies, much like the tobacco industry before them, knew their products were harmful but prioritized profits, using deceptive marketing that often targets children and vulnerable communities. The city is seeking financial damages to cover healthcare costs and an order to stop these marketing practices.

As this legal challenge unfolds, it forces a critical conversation for Kenyans. The proliferation of UPFs is not merely a matter of individual choice but a systemic issue of public health and corporate accountability. Health advocates will be watching closely, wondering if such legal action could one day be a necessary tool to protect the future health of our nation.