On June 30, 2026, Weil secured dismissal of a first-of-its-kind lawsuit for PepsiCo alleging that so-called “ultra-processed foods” caused an individual’s type 2 diabetes and non-alcoholic fatty liver disease after a Pennsylvania federal judge denied the plaintiff’s motion for reconsideration and refused leave to amend, bringing the litigation to a close.

The lawsuit was the first to seek to hold major food and beverage manufacturers liable for those alleged injuries. In August 2025, the court dismissed the complaint in its entirety, finding that the plaintiff failed to plausibly allege that any particular food or beverage caused the claimed injuries or identify specific facts sufficient to support liability against the defendants.

Following that decision, the plaintiff sought reconsideration and submitted a proposed amended complaint spanning nearly 500 pages in an effort to revive the case. U.S. District Judge Mia Roberts Perez of the Eastern District of Pennsylvania rejected those efforts, emphasizing that the law “requires more than correlation – it requires causation.” The court held that the plaintiff failed to plausibly allege that the defendants’ foods and beverages caused the plaintiff’s alleged injuries and denied leave to amend.

The decision marks an important development in emerging litigation involving the alleged health effects of  “ultra-processed foods.” The same plaintiffs’ counsel has filed a number of similar lawsuits around the country using substantially similar complaints. The court’s rulings reinforce that plaintiffs must support their claims with specific factual allegations establishing causation and that generalized allegations are insufficient to proceed.

The Weil team representing PepsiCo was led by Co-Chair of Weil’s global Litigation Department Drew Tulumello and included Arianna Scavetti, Brian Liegel, Chantale Fiebig, Joshua Wesneski, Claire Chapla, Nili Moghaddam, Marina Masterson, Rachael Jones, Clyde Freeman, Kate Rosenstengel, Alli Katzen, Caroline Voelker and Anastasia Zaluckyj (Not Yet Admitted in New York).