West Virginia Press Association
CHARLESTON, W.Va. — Hill Peterson Carper Bee & Deitzler PLLC and Powell & Majestro PLLC are pursuing lawsuits 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.
People encouraged to respond include 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 this criteria are also encouraged to reach out.
A website – type2lawsuit.com — has been created for individuals to share meaningful information and help contribute to the legal outreach. Citizens that meet the criteria can also call 888-325-3044 to see if they qualify.
West Virginia has the highest percentage of diagnosed adults (Type 2 Diabetes) in the U.S. – 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.
West Virginia 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 Gov. Morrisey in Martinsburg, W.Va. March 28, to call for healthier diets and daily exercise to reduce public health challenges.
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. Stephen Devries, MD, a preventive cardiologist and executive director of the educational nonprofit Gaples Institute in Chicago, said, “Ultra processed foods are industrial creations made with little—if any—whole foods that often contain large amounts of added sugar and salt.” He also stated that ultra processed foods “are typically infused with artificial colors and additives.”
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About Hill Peterson Carper Bee & Deitzler PLLC: The law firm began in 1980, when senior partner, R. Edison Hill, departed a large corporate and insurance defense firm to begin a small personal injury practice. Today, our nine attorneys engage exclusively in representing personal injury victims. We have decades of experience representing clients in West Virginia and nationwide. For over 3 decades we have represented thousands of individuals and entities in class actions and mass tort litigation. More at https://www.hpcbd.com/firm-overview/
About Powell & Majestro PLLC: Since 2002, the attorneys of Powell & Majestro, PLLC, have been protecting the interests of individuals, families, and businesses in West Virginia, as well as handling complex litigation nationwide. Our three attorneys and two support staff have over 100 years of experience in complex litigation. The firm’s practice areas include Consumer Protection, Consumer Debt, Mass Torts, Class Actions, Motor Vehicle Accidents, Trucking Accidents, Appeals, and representing Government Entities.
Powell & Majestro, PLLC, along with its partners in a National Consortium, serves as counsel in over 700 city/county cases and 9 attorney general cases. More at https://www.powellmajestro.com/about-us/



