Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence

In this article we consider whether sugar-sweetened beverages (SSBs) (factually) cause type 2 diabetes for the purposes of negligence. In so doing we demonstrate how factual causation is confounded by other contributing factors such as genetics, lack of physical activity and other diet behaviours (eg low-fibre and high-fat diets). That said, a plaintiff is not necessarily deprived of the opportunity to prove causation merely because there are multiple contributing factors to the harm. While difficult, it is possible for type 2 diabetes to be categorised as an "exceptional circumstance", in which it must be shown that SSBs "materially contributed" to or were a "necessary element" of, the development of type 2 diabetes.