Ultra-processed foods (UPFs) and microplastics are expected to become a source of liability risk for re/insurers, law firm DAC Beachcroft has highlighted in their latest predictions for 2026.
The scrutiny and legal action over UPFs are projected to escalate in 2026, mainly driven by growing evidence linking UPFs to chronic diseases, including obesity, type 2 diabetes and fatty liver disease, which is, in turn, prompting increased regulatory attention and litigation.
DAC Beachcroft warns that the rhetoric surrounding UPFs is hardening, with political figures in the US already referring to these products as “poison.”
This shift in public perception is emboldening states to introduce restrictions, but the true tipping point for insurers will likely be federal intervention.
While federal regulation remains uncertain, the US Food and Drug Administration (FDA) and the US Department of Agriculture (USDA) are actively considering a uniform definition, which is expected to provide greater legal and regulatory certainty regarding the scope of UPFs.
UPF class actions and personal injury claims are increasing, with plaintiffs increasingly targeting alleged deceptive marketing and the intentional design of UPFs to be ‘hyper palatable’ or addictive.
However, while plaintiffs will continue to face significant challenges in establishing causation, DAC Beachcroft notes that the forthcoming FDA/USDA definition is likely to spark further claims activity and heighten exposure for food manufacturers and distributors.
Parallel to the risks in the food sector, DAC Beachcroft has identified microplastics as a major emerging environmental and public health risk, drawing comparisons to the explosion of PFAS (per-and-polyfluoroalkyl substances) litigation.
For insurers, the prevalence of microplastics presents a complex challenge. Businesses across manufacturing, packaging, and food production are likely to face heightened scrutiny.
The firm advises that the industry should expect a shift from current litigation trends -which focus largely on “greenwashing” and public nuisance – toward personal injury claims.
As a result, underwriters are expected to demand more rigorous risk disclosures and sustainability practices from insureds involved in plastics and packaging.
Additionally, regulatory developments, such as the EU’s microplastics regulation, may drive insurers to adjust policy wordings and tighten exclusions to mitigate exposure.
Moreover, as with PFAS, the “long-tail” nature of microplastics exposure means the industry must review exposures now to understand the potential for future accumulation of claims.
DAC Beachcroft concluded that the industry “should effect a wide review of exposures now to understand the long-tail risks of microplastics present.”
