Tiger Joyce, President of the American Tort Reform Association (ATRA), expressed concerns over the Make America Healthy Again (MAHA) report, highlighting its ambiguous definitions related to ultra-processed foods. He warned that these definitions could potentially lead to litigation against companies. Joyce’s remarks were published in an op-ed on DC Journal.
“The ‘Make America Healthy Again’ report bills itself as a call to boost children’s health. Beneath the surface, however, it reads more like a litigation guide for lawyers eager to target food manufacturers, pharmaceutical companies and other companies under the guise of public health,” said Joyce. “There is currently no agreed-upon scientific definition” of the term ultra-processed foods. The MAHA report, whether intentional or not, equips them with new material. Public health policy should reflect the best available fact-based science, not the lawyers’ profit strategy.”
According to the National Institutes of Health (NIH), ultra-processed foods are industrial formulations typically containing five or more ingredients, including sugars, oils, fats, and additives like flavor enhancers, colors, or emulsifiers. The NIH notes that there is no universally accepted scientific definition for ultra-processed foods; however, they are generally identified by their level of industrial processing. Researchers continue to evaluate the potential health effects associated with these foods.
The Centers for Disease Control and Prevention (CDC) reported that during 2011–2012, U.S. children and adolescents consumed 63% of their total daily calories from ultra-processed foods. This marked an increase from 61.4% in 1999–2000. These findings were derived from dietary recall data analyzed from the National Health and Nutrition Examination Survey.
According to the U.S. Chamber Institute for Legal Reform, a study conducted in 2022 revealed that the U.S. tort system incurred costs amounting to $443 billion, with expenses surpassing $4,200 per household. The report indicated that lawsuit-related costs pose a significant burden on U.S. companies across various industries. The discussion on litigation risks underscores the broader impact of these legal expenses on American businesses.
Sherman “Tiger” Joyce began his career as a Legislative Assistant to U.S. Senator John C. Danforth until 1984 after graduating from Princeton University and Catholic University Law School. In 1987, following his admission to the Virginia Bar, he became minority counsel to the Senate Committee on Commerce, Science, and Transportation where he worked on product liability legislation. Joyce has served as President of ATRA since August 1994.
