County authorizes contingency-fee retainer for possible ultra-processed-foods litigation

5029039 ยท June 18, 2025

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Summary

After an executive session to receive legal advice, council authorized the county administrator to enter a contingent-fee representation agreement to explore claims against firms engaged in manufacturing, marketing or distributing ultra-processed foods.

Kershaw County Council voted Tuesday to authorize County Administrator Danny DeBose to enter a contingency-fee representation agreement with UPF Litigators LLC to investigate potential claims against companies involved in manufacturing, marketing or distributing ultra-processed foods.

The council discussed the matter in executive session under the attorney-client exception and then took a public vote to authorize the contingent-fee arrangement. The motion described the approach as similar in form to other public-interest suits in which counties join multi-jurisdictional litigation to seek damages or remedies related to widespread public-health concerns.

Why it matters: the authorization allows the county to participate in a joint legal effort without up-front cost to the county; any fees for outside counsel would be contingent on a recovery. Council members said the vote was intended to preserve the county's ability to participate should a coordinated case proceed.

The motion passed by a majority of members present.