A first-of-its-kind lawsuit challenging ultraprocessed-food manufacturers for deliberately making their products as unhealthy and as addictive as possible has failed, despite its obvious merits. The manufacturers and industry groups are hailing the victory, but there will obviously be more lawsuits, and if they're better crafted, some will win—and that will open the floodgates. Processed-food companies will be in the same position tobacco companies were in. Huge payouts will follow, in the billions of dollars, and potentially significant changes that will alter the food landscape in America for the better. In the meantime, regulators can and should do more.

Nineteen-year-old Bryce Martinez filed the suit against Kraft, Mondelez and Coca Cola, alleging that his habitual consumption of their shitty food gave him type 2 diabetes and non-alcoholic fatty liver disease.

As Reuters reports, "the lawsuit was seen as a test case because it accused the companies of using the same strategies that the tobacco industry once did in knowingly addicting Americans to popular food product despite their health risks."

US District Judge Mia Perez granted the companies' motion to dismiss the case, on the basis that Martinez failed to specify which products were directly responsible for his ill health. The lawsuit listed nearly 100 different brands, but no specific foods.

However, Judge Perez was sympathetic to Martinez's case, and acknowledged that ultraprocessed food is unhealthy and obviously playing a serious role in the chronic-disease crisis that's destroying America's health and blighting the lives of its children.

There can be little real doubt that ultraprocessed food is a uniquely unhealthy kind of food, even if there are problems with the popular NOVA classification system that's widely used to distinguish ultraprocessed foods from other types.

Just today, I reported on a new study which showed that even short-term consumption of ultraprocessed foods can lead to worrying weight gain, metabolic and even hormonal changes and reduced fertility.

A group of around 40 men ate either a whole-food or ultraprocessed diet for just three weeks. The ultraprocessed group derived almost 80% of their daily calories from junk, a proportion that's "normal" for many Americans.

Despite consuming the same number of calories, the men who ate the ultraprocessed diet put on significantly more weight and also suffered a raft of other negative health effects, including a reduction in levels of follicle-stimulating hormone, which drives sperm production, and a reduction in sperm motility, a key measure of how well sperm move and their ability to fertilise an egg.

The study clearly shows, as others have done, that the degree of processing—including the addition of additives like texturisers, preservatives, antifungals and colorings, all of which have been shown, individually, to have negative health effects—is what makes ultraprocessed food so dangerous. It's not simply a question of overeating or energy balance. The food itself is the problem.