Yourlawyer.com (Popcorn Workers Lung News)

Labor Department Plans New Regulations For Diacetyl, Industrial Dust

Tue, 28 Apr 2009 00:00:00 -0700

The Labor Department is finally making plans to suggest new rules aimed both at limiting exposure to the chemical diacetyl and preventing industrial dust accidents, the Associated Press (AP) is reporting. Diacetyl is the chemical that gives food—specifically, microwave popcorn—a buttery flavor and which has been linked to severe lung disease.

In February 2008, an explosion at an Imperial Sugar Company plant in Georgia that left many dead and injured was blamed on highly combustible industrial dust.

Labor Secretary Hilda Solis is expected to announce details about the plan today and is following up on a promise to increase OSHA (Occupational Safety and Health Administration) enforcement and develop safety rules where the Bush administration failed, said the AP. Solis is credited, said the AP, for working to stop an eleventh-hour Bush Administration move to delay setting diacetyl exposure limits for workers.

OSHA is the federal agency responsible for setting and enforcing workplace safety standards and has been criticized for not fully protecting workers and inspecting work sites.

In February, the Department of Labor directed OSHA to speed up establishment of new rules to protect workers in the snack and flavorings industry from the threat of Popcorn Workers Lung, a potentially life threatening ailment, for which the only cure is a lung transplant. Also known as bronchiolitis obliterans, the disease has been linked to diacetyl. In 2003 and 2004, the National Institute on Occupational Safety and Health found a link between diacetyl and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April 2007, the Centers for Disease Control and Prevention (CDC) reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Since the link between the disease and diacetyl has been established, hundreds of food industry workers have filed Popcorn Workers Lung lawsuits. In fact, one victim of Popcorn Workers Lung, and his wife, were recently awarded $7.5 million for his injuries. Unfortunately, the victim died from the illness one day before the verdict was rendered. According to an earlier AP piece, over $20 million has been awarded to victims of the disease.

Industrial dust can be extremely combustible. The Imperial Sugar explosion occurred in a silo where refined sugar was stored before being packaged. OSHA classifies plants where a lot of sugar dust is present as “hazardous locations,” the same classification as coal preparation plants and producers of plastics, medicines, and fireworks. Of note, when sugar dust is aerosolized, it can become ionically charged and ignite from just a bit of static electricity.

As we reported at the time, the fatal Imperial Sugar Company plant explosion was not the first-such incident at the Port Wentworth, Georgia refinery that year. According to investigators, just a few weeks prior to the massive plant explosion, a smaller blast occurred when dust became trapped in a piece of safety equipment. No injuries or damage where caused by that small blast, however, 13 people where killed and dozens injured—some critically—by the explosion, which took one week to extinguish.

Following a series of explosions in the 1980s, combustible dust standards were established for the grain industry; however OSHA has not yet implemented similar standards in other industries, said the AP, even though the U.S. Chemical Safety Board made a recommendation to do so in 2006.

OSHA Will Finally Take Action On Popcorn Workers Lung

Fri, 20 Mar 2009 00:00:00 -0700

The Department of Labor has directed the Occupational Safety and Health Administration (OSHA) to speed up the establishment of new rules to protect workers in the snack and flavorings industry from the threat of a disease known as Popcorn Workers Lung. According to The Wall Street Journal, the directive is an indication that the Obama administration will take a tougher stance on worker protections than its predecessor.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease - also known as bronchiolitis obliterans - has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between diacetyl and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April 2007, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Under the Bush administration, OSHA refused to issue an emergency standard setting diacetyl exposure limits for workers. The next day the U.S. House of Representatives voted to require OSHA to issue the emergency standard, but the bill never won final passage in the Senate.

According to The Wall Street Journal, Labor Secretary Hilda Solis has disposed of a Bush Administration rule- called an advance notice of proposed rule-making-that would have delayed the establishment and implementation of new diacetyl rules. The Bush administration issued the rule-making notice on its last day in office.

According to the Labor Department, diacetyl has been linked to the deaths of three workers exposed while manufacturing food flavorings In a statement, Solis said she is "alarmed" that workers could still be at risk of developing Popcorn Workers Lung from diacetyl exposure. As a member of Congress, Solis said she worked to protect workers from this risk. "These deaths are preventable," Solis said.

Earlier this week, we reported that a victim of Popcorn Workers Lung and his wife had been awarded $7.5 million for his injuries by a federal jury in Iowa. Unfortunately, the victim - who worked at a popcorn manufacturing facility since the 1990s - had died from the illness one day before the verdict was rendered.

According to The Associated Press, more than 300 other Popcorn Lung cases are pending around the country, and verdicts as high as $20 million have been awarded in previous cases.

Popcorn Workers Lung Victim, Wife Awarded $7.5 Million

Fri, 13 Mar 2009 00:00:00 -0700

A jury has ruled in favor of a plaintiff in a Popcorn Workers Lung lawsuit. According to The Associated Press, the federal jury in Iowa yesterday ordered a flavorings manufacturer to pay the victim - who died just a day before of complications from Popcorn Workers Lung - and his wife $7.5 million for causing his injuries.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease - also known as bronchiolitis obliterans - has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between diacetyl and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April 2007, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Since the link between diacetyl and Popcorn Workers Lung was established, hundreds of stricken workers have filed lawsuits against flavorings manufacturers. According to The Associated Press, more than 300 other cases are pending around the country, and verdicts as high as $20 million have been awarded in previous cases.

According to The Associated Press, 69-year-old Ronald Kuiper and his wife had filed suit in 2006 against four companies that made popcorn flavoring used at the American Pop Corn Co. Kuiper had worked at American Pop Corn Co. in Sioux City as a butter flavor mixer since the 1990s, the Associated Press said. All of the companies, with the exception of Givaudan Flavors Corp. of Cincinnati, had resolved the Kuipers' claims.

The Iowa jury agreed with the Kuipers that diacetyl from Givaudan Flavors' butter flavoring had caused Ronald Kuiper's illness. According to the Associated Press, Ronald Kuiper was awarded $2 million for future pain and suffering and $750,000 for past pain and suffering; $2 million for future loss of function of the mind and body and $750,000 for past loss of function of the mind and body; $500,000 for future medical expenses and $50,000 for past medical expenses. The jury also awarded $1 million for future loss of spousal consortium and $500,000 for loss of past spousal consortium to Ronald Kuiper's wife.

Popcorn Lung Trial Starts

Thu, 19 Feb 2009 00:00:00 -0800

Today, a trial opened in the case of popcorn worker, Ronald Kuiper of Sioux City, who is suing several firms over severe lung damage he suffered as a result of toxic butter flavorings used in the manufacture of popcorn, reported the Sioux City Journal.

Kuiper said, according to court documents, that he suffered lung damage as a result of working with butter flavorings containing Diacetyl, which, said Kuiper, was known by the companies to cause lung damage, reported the Sioux City Journal. Kuiper is suing firms involved in the design, distribution, and sale of the Diacetyl products and says he suffered severe respiratory system damage, extreme shortness of breath, and a significant reduction in life expectancy as a result of his working with the products, reported the Sioux City Journal, which added that Kuiper is suing for past and future medical expenses, loss of income, lost wages, and diminished future earning potential.

The chemical that causes Popcorn Lung, or Bronchiolitis obliterans—Diacetyl—is what artificially flavors cookies, candies, popcorn, cooking oils and sprays, and an array of food products so that they carry a butter-like flavor. In late 2007, reports abounded over how the Bush administration, some business groups, and others argued that there was insufficient evidence to warrant government limits on the dangerous chemical, despite that a federal official who testified at a congressional hearing swore under oath that Diacetyl is suspicious. Also, the doctor who detected the trend in Bronchiolitis obliterans following exposure to Diacetyl has said that the science linking the two is solid.

Meanwhile, last month we reported that investigations into the deadly lung disease were being blocked. OMB Watch, a nonprofit advocacy group explained that factory workers, and likely consumers—exposed to Diacetyl are at an increased risk for developing Popcorn Lung, known medically as Bronchiolitis obliterans. The OMB also pointed to a number of damaging assertions regarding the link and states that OSHA has long known about the issue but avoided addressing the serious health problem until the media took hold.

Seattle PI also reported that that flavor manufacturer Sensient Flavors International and top governmental occupational safety investigators are battling the issue in court with Sensient Flavors working to ensure that federal safety and health officials are unable to protect workers exposed to the deadly chemical that has caused several fatalities and has seriously sickened workers in plants using Diacetyl nationwide.

The National Institute for Occupational Safety and Health—NIOSH—was called to investigate a Popcorn Lung outbreak at a Missouri microwave popcorn plant in 2000 and found the disease present in that plant and others like it across the Midwest, said Seattle PI. NIOSH is the worker safety research area of the Centers for Disease Control and Prevention (CDC).

The Food and Drug Administration (FDA), which approved Diacetyl use years ago without any agency testing, has not indicated if it will or will not order any testing of the toxic food flavoring now.

Manufacturer Trying to Block Investigation of Popcorn Lung Chemical

Tue, 10 Feb 2009 00:00:00 -0800

Popcorn Lung, or Bronchiolitis obliterans, is making headlines again. Not because the government will finally be taking meaningful steps to look into the chemical that causes an irreversible lung disease, but because a federal investigation into the disease at the Sensient Flavors International plant in Indianapolis is being blocked by the manufacturer.

The chemical that causes Popcorn Lung—Diacetyl—is what artificially flavors cookies, candies, popcorn, cooking oils and sprays, and an array of food products so that they carry a butter-like flavor. In late 2007, reports abounded over how the Bush administration, some business groups, and others argued that there was insufficient evidence to warrant government limits on the dangerous chemical, despite that a federal official who testified at a congressional hearing swore under oath that Diacetyl is suspicious. Also, the doctor who detected the trend in Bronchiolitis obliterans following exposure to Diacetyl has said that the science linking the two is solid.

OMB Watch, a nonprofit advocacy group explained that factory workers, and likely consumers—exposed to Diacetyl are at an increased risk for developing Popcorn Lung, known medically as Bronchiolitis obliterans. The OMB also pointed to a number of damaging assertions regarding the link and states that OSHA has long known about the issue but avoided addressing the serious health problem until the media took hold.

Now, Seattle PI reports that flavor manufacturer Sensient Flavors International and top governmental occupational safety investigators are battling the issue in court with Sensient Flavors working to ensure that federal safety and health officials are unable to protect workers exposed to the deadly chemical. The National Institute for Occupational Safety and Health—NIOSH—was called to investigate a Popcorn Lung outbreak at a Missouri microwave popcorn plant in 2000. Since then it has found the disease present in that plant and others like it across the Midwest, said Seattle PI. NIOSH is the worker safety research area of the Centers for Disease Control and Prevention (CDC).

Sensient apparently altered production processes during NIOSH's diacetyl inspection of its Indianapolis plant. Now NIOSH wants to continue its investigation because, according to Seattle PI, "pulmonary abnormalities" initially revealed demand a "second and more extensive examination.” But Sensient is saying that although NIOSH was within its legal right the first time around, nothing new has been revealed to allow NIOSH to subject it to a "highly invasive process" again and is working to block the investigation.

Sensient claims NIOSH is using its plant as a laboratory. However, Dr. David Egilman, a occupational medicine specialist and Clinical Associated Professor at Brown University, who has been examining patients with the lung disease said, "If any one is experimenting, it is Sensient and the guinea pigs are their workers. It is just outrageous that this company that has never tested the toxicity of any of the chemicals it puts in our food has gall to block government researchers efforts to determine if they stuff they are adding to food will kill or injure us," quoted Seattle PI, which added that Egilman has testified on behalf of injured workers in lawsuits brought against flavoring companies. Meanwhile Huliq News points out that Dr. Cecile Rose, a lung specialist at the National Jewish Medical and Research Center in Denver diagnosed a man with Popcorn Lung which was likely caused by his habit of inhaling and consuming microwave popcorn for years.

The Food and Drug Administration (FDA), which approved diacetyl use years ago without any agency testing, has not indicated if it will or will not order any testing of the toxic food flavoring now.

Microwave Popcorn Caused Lung Disease, Lawsuit Claims

Tue, 09 Sep 2008 00:00:00 -0700

Microwave popcorn caused a Washington state man to develop a potentially fatal ailment, a new lawsuit claims. The disease, bronchiolitis obliterans - also known as Popcorn Workers Lung - has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April 2007, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Popcorn Workers Lung is a very rare disease, and it was thought to be limited to people working in the flavorings industry. But in July 2007, the Food & Drug Administration (FDA) was informed that a patient who had consumed at least one bag of microwave popcorn every day over a 15 year period had been diagnosed with Popcorn Workers Lung. This was the first such report of the disease in a consumer, and the FDA is currently investigating the incident.

Larry Newkirk, a Spokane, Washington businessman, was diagnosed with Popcorn Workers lung last month. Newkirk told the Seattle Post-Intelligencer that up until last year, he would eat six to seven bags of microwave popcorn every day - "especially the ones with lots of butter that taste like you're going to the theater." Newkirk's lawsuit claims that his illness was caused by breathing in diacetyl vapors that were released from the popcorn.

Newkirk began having breathing problems several years ago. He spent two years going from doctor to doctor, but was unable to find an answer to his ailment. Then, he started hearing stories about popcorn factory workers developing bronchiolitis obliterans, and its link to diacetyl. Newkirk stopped his popcorn habit last fall.

Finally, Newkirk went to see Dr. Allen Parmet, a nationally known authority in occupational medicine. It was Dr. Parmet who diagnosed Newkirk with Popcorn Workers Lung. According to the Seattle Post-Intelligencer, Newkirk is only the second person in the U.S. diagnosed with Popcorn Workers Lung, although other home users of popcorn are undergoing medical evaluation at this time.

Newkirks lawsuit names ConAgra Foods, the maker of the ACT II popcorn that he once ate on a daily basis, as a defendant in his lawsuit. The suit also names Shopko Stores, where he bought the product, and at least five national and international companies that make or have made the diacetyl-based flavoring, as co-defendants.

In 2007, several makers of microwave popcorn, including ConAgra, General Mills and American Popcorn Co., took steps to remove diacetyl from their products. There has also been a movement to convince federal regulators to police the use of diacetyl in the workplace, but those efforts have had mixed results. The Occupational Safety and Health Administration (OSHA), which sets limits on how much of a dangerous substance a worker can be subjected to, said in 2000 that it had no standards for the flavoring and that it wasn’t a problem because the FDA considered diacetyl “safe.” For its part, the FDA has maintained that it has no jurisdiction to evaluate hazards posed by breathing vapors from food additives. It was only last year that OSHA started to investigate diacetyl exposure in snack food industry workers, and that agency is expected to look into setting standards for workers next month.

Microwave Popcorn Ingredient Tied to Lung Disease

Fri, 02 May 2008 00:00:00 -0700

A unusually high incidence of bronchiolitis obliterans among workers at microwave popcorn factories is likely the result of their exposure to diacetyl, a new study says. The study, conducted by the National Institute for Occupational Safety and Health, (NIOSH) concluded that diacetyl, a chemical that gives microwave popcorn its butter flavor, needs further study so that workers in the flavorings and snack industry are no longer at risk of the fatal disease, also known as Popcorn Workers Lung.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease was thought to be limited to people working in the flavorings industry. But last July, Dr. Cecile Rhodes informed the Food & Drug Administration (FDA) that one of her patients had contracted the disease. The patient had been consuming several bags of butter-flavored microwave popcorn on a daily basis for at least 15 years. According to the Centers for Disease Control (CDC), this is the first report of Popcorn Workers Lung in a consumer. That victim has since filed a lawsuit against the company that produced the microwave popcorn he favored.

In 2003 and 2004, NIOSH found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. Last April, the CDC reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Diacetyl is easily vaporized at temperatures used in microwave popcorn production, which results in high concentrations in the workplace. The NIOSH research examined the acute toxicity of inhaled diacetyl in rats, and compared different exposure patterns. It was one of the very first studies to evaluate the respiratory toxicity of the chemical flavoring agent at levels relevant to human health. The researchers found that diacetyl -- including just its vapors -- can injure lungs.

In the study, lab mice were made to inhale diacetyl vapors over a three month time period. The mice developed lymphocytic bronchiolitis — a potential precursor of Popcorn Workers Lung. None of the mice, however, developed that disease.

In 2007, several makers of microwave popcorn, including ConAgra, General Mills and American Popcorn Co., took steps to remove diacetyl from their products. There has also been a movement to convince federal regulators to police the use of diacetyl in the workplace, but those efforts have had mixed results. The Occupational Safety and Health Administration (OSHA), which sets limits on how much of a dangerous substance a worker can be subjected to, said in 2000 that it had no standards for the flavoring and that it wasn’t a problem because the FDA considered diacetyl “safe.” For its part, the FDA has maintained that it has no jurisdiction to evaluate hazards posed by breathing vapors from food additives. It was only last year that OSHA started to investigate diacetyl exposure in snack food industry workers, and that agency is expected to look into setting standards for workers next month.

Diacetyl Shown to Damage Lungs of Lab Mice

Thu, 13 Mar 2008 00:00:00 -0700

Diacetyl, a chemical linked to the development of a serious disorder known as Popcorn Workers Lung, has been shown to cause lung damage in lab mice. Popcorn Workers Lung, also known as obliterative bronchiolitis, is a debilitating but rare lung disease, which has been detected recently in workers who inhale significant concentrations of the flavoring in microwave popcorn packaging plants.

Diacetyl is used to give microwave popcorn and other snacks a buttery flavor. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. Last April, the Centers for Disease Control (CDC) reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease was thought to be limited to people working in the flavorings industry. But last July, Dr. Cecile Rhodes informed the Food & Drug Administration (FDA) that one of her patients had contracted the disease. The patient had been consuming several bags of butter-flavored microwave popcorn on a daily basis for at least 15 years. According to the CDC, this is the first report of Popcorn Workers Lung in a consumer. That victim has since filed a lawsuit against the company that produced the microwave popcorn he favored.

This latest diacetyl study was conducted by scientists at the National Institute of Environmental Health Sciences (NIEHS), part of the National Institutes of Health. Lab mice were made to inhale diacetyl vapors over a three month time period. The mice developed lymphocytic bronchiolitis — a potential precursor of Popcorn Workers Lung. None of the mice, however, developed that disease.

"This is one of the first studies to evaluate the respiratory toxicity of diacetyl at levels relevant to human health. Mice were exposed to diacetyl at concentrations and durations comparable to what may be inhaled at some microwave popcorn packaging plants," Daniel L. Morgan, Ph.D., head of the Respiratory Toxicology Group at the NIEHS said in a press release.

Dr. Morgan co-authored on the diacetyl study that appears online in the journal, Toxicological Sciences. The study was done in collaboration with Duke University researchers. The authors conclude that these findings suggest that workplace exposure to diacetyl contributes to the development of Popcorn Workers Lung in humans, but more research is needed.

In 2007, several makers of microwave popcorn, including ConAgra, General Mills and American Popcorn Co., took steps to remove diacetyl from their products. There has also been a movement to convince federal regulators to police the use of diacetyl in the workplace, but those efforts have had mixed results. The Occupational Safety and Health Administration (OSHA), which sets limits on how much of a dangerous substance a worker can be subjected to, said in 2000 that it had no standards for the flavoring and that it wasn’t a problem because the FDA considered diacetyl “safe.” For its part, the FDA has maintained that it has no jurisdiction to evaluate hazards posed by breathing vapors from food additives. It was only last year that OSHA started to investigate diacetyl exposure in snack food industry workers, and that agency is expected to look into setting standards for workers next month.

Popcorn Workers Lung Lawsuit Filed by Microwave Popcorn Lover

Wed, 16 Jan 2008 00:00:00 -0800

A man who may have developed Popcorn Workers Lung from a two-bag-a-day microwave popcorn habit has filed a product liability lawsuit against Kroger Co. and two of its divisions: grocery store King Soopers’ parent company, Dillon Companies Inc., and food distributor Inter-American Products Inc. for selling the popcorn that made him sick. Wayne Watson is the first person outside of the snack industry known to have been diagnosed with Popcorn Workers Lung, a rare and sometimes deadly lung ailment.   Watson alleges that he developed Popcorn Workers Lung as a result of being exposed to diacetyl in the microwave popcorn he ate on a daily basis.

Popcorn Workers Lung – also known as Bronchiolitis obliterans - is a form of fixed lung disease that makes it difficult for air to flow out of the lungs.   Diacetyl is used to give microwave popcorn and other snacks a buttery flavor. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Until Watson was diagnosed with Popcorn Workers Lung, only people working in the flavorings and snack food industry had presented with the disorder. In September, the Food & Drug Administration (FDA) announced it was investigating Watson’s case, and the revelation of his Popcorn Workers Lung diagnosis raised concerns that other consumers might be at risk for the disease.

Watson’s Popcorn Workers Lung lawsuit is just one of over 500 lawsuits filed by people – mostly snack food industry workers -- disabled by Popcorn Workers Lung linked to diacetyl exposure.    That has prompted some manufacturers to act, and some will no longer be using diacetyl in their foods. ConAgra—the nation’s largest producer of popcorn—has removed diacetyl from its microwave popcorn, citing concern for its workers’ health.   The nation’s second-largest producer, General Mills, which Sells popcorn under the Pop Secret brand also removed diacetyl from its products in October, and the third biggest popcorn maker, American Pop Corn Co. which makes the Jolly Time brand, is also reformulating its flavorings to remove diacetyl.

Meanwhile, there has been a movement to convince federal regulators to police the use of diaceytl in the workplace, but those efforts have had mixed results. The Occupational Safety and Health Administration (OSHA), which sets limits on how much of a dangerous substance a worker can be subjected to, said in 2000 that it had no standards for the flavoring and that it wasn’t a problem because the FDA considered diacetyl “safe.”   For its part, the FDA has maintained that it has no jurisdiction to evaluate hazards posed by breathing vapors from food additives.   It was only this year that OSHA started to investigate diacetyl exposure in snack food industry workers, and that agency is expected to look into setting standards for workers next month.

Diacetyl used in Thousands of Foods. Are Consumers at Risk for Popcorn Workers Lung?

Tue, 08 Jan 2008 00:00:00 -0800

Diacetyl, a chemical linked to a deadly disorder known as Popcorn Workers Lung could be present in an as many 6,000 consumer products.   That finding is disturbing, especially considering that the Food & Drug Administration (FDA) was recently informed of what might be the first recorded diagnosis of Popcorn Workers Lung in a consumer with no ties whatsoever to the snack foods industry.

Popcorn Workers Lung - also known as Bronchiolitis Obliterans -- is a potentially life threatening ailment, for which the only cure is a lung transplant. Diacetyl is used to give microwave popcorn and other snacks a buttery flavor. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April, the Centers for Disease Control (CDC) reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Popcorn workers lung is a very rare disease, and it was thought to be limited to people working in the flavorings industry. But this past July, the FDA was informed that a patient who had consumed at least one bag of microwave popcorn over a 15 year period had been diagnosed with Popcorn Workers Lung. This was the first such report of the disease in a consumer, and the FDA is currently investigating the incident.

According to a report in the Seattle Post-Intelligencer, natural diacetyl is found in a variety of products, including dairy products, fruit and wine.   But the chemical is also used to impart a buttery flavor to thousands of snack foods besides microwave popcorn. Food scientists interviewed for the Seattle Post-Intelligencer’s report estimated that the butter flavoring is used in more than 6,000 products -- including frozen dinners, baked goods, chips, snacks, candy and beverages. But how much danger such diacetyl exposure poses to consumers is not known, because government regulators haven’t been willing to look at the problem.

According to the Seattle Post-Intelligencer article, the Occupational Safety and Health Administration (OSHA), which sets limits on how much of a dangerous substance a worker can be subjected to, said in 2000 that it had no standards for the flavoring and that it wasn't a problem because the FDA considered diacetyl "safe."   For its part, the FDA has maintained that it has no jurisdiction to evaluate hazards posed by breathing vapors from food additives.   It was only this year that OSHA started to investigate diacetyl exposure in snack food industry workers, and that agency is expected to look into setting standards for workers next month.

Meanwhile, the snack food industry is facing over 500 lawsuits filed by workers disabled by Popcorn Workers Lung linked to diacetyl exposure. That has prompted some manufacturers to act, and some will no longer be using diacetyl in their foods. ConAgra—the nation’s largest producer of popcorn—has removed diacetyl from its microwave popcorn, citing concern for its workers’ health.   The nation’s second-largest producer, General Mills, which Sells popcorn under the Pop Secret brand also removed diacetyl from its products in October, and the third biggest popcorn maker, American Pop Corn Co. which makes the Jolly Time brand, is also reformulating its flavorings to remove diacetyl.

Diacetyl Gets the Boot over Popcorn Workers Lung Concerns

Tue, 18 Dec 2007 00:00:00 -0800

Popcorn Workers Lung concerns have led several large microwave popcorn makers to remove diacetyl from their products, and safer microwave popcorns could be on store shelves soon. Popcorn Workers Lung—or Bronchiolitis obliterans—is a rare and life-threatening disease that destroys the small airways of the lungs. Diacetyl, a chemical that gives foods like popcorn, candy, and baked goods that creamy, buttery taste, is linked to Popcorn Lungs, a disease that has attacked popcorn factory employees and was recently discovered in a man who ate at least two bags of buttery microwave popcorn daily for several years and reportedly enjoyed inhaling the fumes as the popcorn came out of the microwave. The man’s lung problems were linked to breathing diacetyl vapors.

The Bush administration, some business groups, and others have said there is insufficient evidence to warrant government limits on diacetyl and a federal official testified at a congressional hearing that diacetyl is suspicious, but there's no clear evidence it is the one chemical causing Popcorn Lung. The doctor who detected the trend says the science is solid.

Some workers exposed to the airborne chemical in plants making microwave popcorn have been diagnosed with bronchiolitis obliterans, according to the National Institute for Occupational Safety and Health (NIOSH). And while the Department of Labor's Occupational Safety and Health Administration (OSHA) has not issued specific regulations regarding diacetyl, it did publish a Safety and Health Information Bulletin in September with recommendations for the chemical’s use. OSHA has been criticized for being lax, but they argue that after incidents with Popcorn Lung in a Jasper, Missouri plant they alerted their regional offices, ordering a review; many consider this too little too late. OSHA also denied a labor petition asking for an emergency workplace limit on the chemical, claiming there is inconclusive evidence it causes the illness or that exposure constitutes grave danger. NIOSH investigated Jasper and confirmed the diacetyl-Popcorn Lung link; investigators identified or reviewed dozens of cases in popcorn and flavor-making plants nationwide, confirming three deaths. Some cases go back to the 1980s and there are reports of sick workers at candy and potato chip plants waiting to be investigated.

ConAgra—the nation's largest producer of popcorn under its Orville Redenbacher and Act II brands—has removed diacetyl from its microwave popcorn, citing concern for its workers' health. ConAgra manufactures more than half of the nation's microwave popcorn and began reformulating its popcorn over a year ago as a worker-safety issue and began removing diacetyl from its production lines in November; ConAgra is in the final stages of removing diacetyl from all its products now. "Our focus was on the worker-safety issue, the handling of the concentrated flavoring," says Al Bolles, vice president of research for the company. “By January, none of the company's products will contain it,” he says. The nation's second-largest producer, General Mills, sells popcorn under the Pop Secret brand and also removed diacetyl from its products in October, spokesman Tom Forsythe says. The third-largest producer, American Pop Corn Co. of Sioux City, Iowa, sells under the Jolly Time brand and is reformulating its flavorings to remove diacetyl. "We're just weeks away from converting our entire line, so it's all but done," says spokesman Tom Elsen.

Popcorn Workers Lung Leads to Disability, Lawsuits

Tue, 20 Nov 2007 00:00:00 -0800

Popcorn is making some people sick. Really sick.

Bronchiolitis obliterans—Popcorn Workers Lung—is a rare, devastating, life-threatening disease that destroys the small airways of the lungs. Diacetyl, a chemical that gives foods like popcorn, candy, and baked goods that buttery taste, is linked to Popcorn Lungs.

One Missouri popcorn plant worker got sick from inhaling the chemical. He sued, winning millions. At 35, he has only one-quarter lung capacity, requires oxygen in humidity, and may need a double lung transplant. A ConAgra plant worker in Ohio diagnosed with Popcorn Workers Lung sued flavor companies and won. At 50, he has the lungs of an 80-year old.

Seven years ago, medical records of workers with unusual lung problems were reviewed. Within minutes, the reviewing physician confirmed Popcorn Workers Lung. Prior to this, he had seen it three times in 25 years; eight or nine people had the disease, all employees of the Gilster-Mary Lee popcorn plant in Jasper, Missouri. In a town of 1,000, the rare disease was an epidemic. The National Institute for Occupational Safety and Health (NIOSH) investigated Jasper and confirmed the diacetyl-Popcorn Lung link and investigators identified or reviewed dozens of cases in popcorn and flavor-making plants nationwide, confirming three deaths. Some cases of Popcorn Workers Lung go back to the 1980s and there are reports of sick workers at candy and potato chip plants waiting to be investigated.

The Occupational Safety and Health Administration (OSHA) has been criticized for being lax, but they argue that after Jasper, they alerted their regional offices, ordering a review; the OSHA region most affected produced a brochure. Many consider this too little too late. OSHA recently denied a labor petition asking for an emergency workplace limit on diacetyl, claiming there is inconclusive evidence it causes the illness or exposure constitutes grave danger.

Popcorn Lung is appearing outside of factories and was recently discovered in a man who ate at least two bags of buttery microwave popcorn daily for several years. His lung problems were linked to breathing diacetyl vapors.

Major microwave popcorn companies have eliminated or will drop diacetyl. Congress, with the support of the flavoring industry, is looking to reduce workplace danger. But the Bush administration, some business groups, and others say there is insufficient evidence to warrant government limits and a federal official recently testified at a congressional hearing that diacetyl is suspicious, but there's no clear evidence it is the one chemical causing Popcorn Lung. The doctor who detected the trend says the science is solid.

Hundreds of claims are filling court dockets and hundreds more are settling for tens of millions of dollars. One Missouri attorney has over 500 lawsuits. Pressure on federal agencies has increased and after years of studies and lawsuits, Popcorn Lung got the attention of Congress. In September, the U.S. House of Representatives passed a bill ordering federal safety regulators to compel popcorn factories and other plants to limit diacetyl exposure. The bill is supported by the Flavor and Extract Manufacturers Association although opponents believe focusing on diacetyl ignores the possibility other flavorings are involved. Whether the measure will become law remains unclear.

Popcorn Workers Lung Victims Granted Big Victory in Manhattan Appeals Court

Wed, 31 Oct 2007 00:00:00 -0700

Popcorn Workers Lung victims involved in a class action lawsuit got some good news from a New York appeals court yesterday.   The court ruled that if the former Missouri popcorn plant workers successfully prove their claims that diacetyl exposure caused them to develop Popcorn Workers Lung, each should receive a minimum $50,000 deductible payment from International Flavors and Fragrances, the company that supplied the toxic chemical to the plant.

Diacetyl is used to give microwave popcorn and other snacks a buttery flavor. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between diacetyl exposure and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Popcorn Workers Lung, also known as bronchiolitis obliterans, is a potentially life threatening ailment, for which the only cure is a lung transplant.   Since the connection was made between diacetyl exposure and the onset of Popcorn Workers Lung, snack and flavorings industry workers have filed dozens of diacetyl lawsuits seeking compensation for their injuries. Earlier this summer, the Food & Drug Administration announced that it was investigating the first known case of a consumer developing bronchiolitis obliterans from eating microwave popcorn. Shortly after that announcement, some popcorn makers, including ConAgra and Weaver Popcorn announced that they would stop using diacetyl in their popcorns.

The ruling against International Flavors and Fragrances stems from a class action lawsuit filed by 30 current and former employees of a Missouri popcorn plant who are now suffering from Popcorn Workers Lung. The Popcorn Workers Lung lawsuit names International Flavors and Fragrances as a defendant because the company supplied the factory with diacetyl between 1992 and 1996.   International Flavors and Fragrances had asked the Manhattan Supreme Court to rule that it only had to pay one deductible for each of its eight liability policies no matter how many workers were involved in the lawsuit.   Depending on the policy, those deductibles range from $50,000 to $100,000 per occurrence.   The diacetyl supplier had argued that an “occurrence” constituted all of the Popcorn Workers Lung injuries taken as a whole.

But the Manhattan Supreme Court Appellate Division did not agree with International Flavors and Fragrances’ arguments, and concluded that there was no single occurrence that caused each of the workers bronchiolitis obliterans. The judge writing the court’s opinion asserted that the employees sustained their injuries “as a consequence of repeated deliveries” of diacetyl to the popcorn plant, and were exposed to the toxic chemical at different times.

The ruling of the New York appeals court was unanimous. What this latest diacetyl ruling will mean for other victims of Popcorn Workers Lung remains to be seen.

Popcorn Workers Lung Law Seeks to Protect Workers from Diacetyl Exposure

Thu, 25 Oct 2007 00:00:00 -0700

Popcorn Workers Lung, also known as bronchiolitis obliterans, has been plaguing workers in the snack foods industry for years. An often fatal disorder, Popcorn Workers Lung has long been associated with diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor. But despite all the evidence linking diacetyl exposure to the onset of bronchiolitis obliterans, no agency of the federal government has sought to regulate the toxic substance. But now, Congress is taking matters into its own hands, and is considering legislation that would force the Occupational Safety and Health Administration (OSHA) to set limits for diacetyl exposure in the workplace.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of bronchiolitis obliterans among hundreds of workers at six Midwestern popcorn factories. In April, the Centers for Disease Control reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Up until this spring, OSHA, the agency that regulates workplace safety, had largely been silent on the link between diacetyl exposure in the workplace and Popcorn Workers Lung. Following some congressional hearings earlier this year, OSHA finally announced the start of a national program to evaluate the risk diacetyl exposure posed to workers at microwave popcorn factories.   But the OSHA program did not include other segments of the snack food industry that also use diacetyl. Many in Congress have criticized OSHA’s diacetyl plan for that reason, especially because the chemical is widely used throughout the snack food industry.

Other regulatory agencies have also been slow to deal with the dangers of diacetyl exposure.   The FDA, for example, still considers the chemical to be safe, despite a recent announcement that it was investigating a case of Popcorn Workers Lung in a consumer.   And the Environmental Protection Agency (EPA) completed a study in 2005 that examined the possible health consequences faced by consumers who ate microwave popcorn made with diacetyl. So far, only the popcorn industry has been allowed to see the final EPA report. The EPA claims that it is holding back the study so that it can undergo peer review, and in order to protect industry trade secrets.

Just last month, the House of Representatives passed a bill that would require OSHA to take a more aggressive regulatory approach to diacetyl exposure in any workplace that uses the chemical. The measure requires that OSHA establish safe diacetyl exposure limits; air-monitoring requirements; medical surveillance standards; requirements for workers to wear protective gear when exposed to diacetyl; and regulations for safety labeling of the chemical. Following the passage of House bill, members of Senate started working on companion legislation.

The recent publicity around diacetyl exposure and Popcorn Workers Lung has caused some snack food companies to discontinue using the chemical.   Recently, both ConAgra Foods and Weaver Popcorn announced that they would no longer use diacetyl in their microwave popcorns. But many other snack food companies are still exposing workers to diacetyl, leaving them at risk of developing bronchiolitis obliterans. Until regulatory agencies like OSHA step in to protect them, more people will likely become ill with Popcorn Workers Lung.

Popcorn Workers Lung Risk Known for Years, Yet Manufacturers Continued Use of Diacetyl

Mon, 10 Sep 2007 00:00:00 -0700

Earlier this month, ConAgra Foods and Weaver Popcorn dropped diacetyl from the ingredients used in their microwave popcorns over concerns that the chemical could cause a deadly disorder known as Popcorn Workers Lung.   But it seems ConAgra, Weaver Popcorn and other manufacturers knew about the risks posed by diacetyl several years ago. And despite there being hundreds of documented cases of Popcorn Workers Lung among factory workers in the snack industry, an investigation into the risks diacetyl poses to consumers has been withheld from the public for nearly two years at the behest of the microwave popcorn industry.

When ConAgra Foods and Weaver Popcorn announced their plans to discontinue using diacetyl, they did so with great fanfare.   Other popcorn producers, representing 80 percent of the industry, have followed suit. All claim that the decision to stop using the chemical was made with the best interest of customers and workers in mind. But as early as 2002, the Centers for Disease Control (CDC) blamed diacetyl for high rates of bronchiolitis obliterans –also known as Popcorn Workers Lung – among workers in the flavorings industry. And in 2004, the National Institute for Occupational Safety and Health linked diacetyl to an outbreak of the disease in hundreds of workers at six Midwestern popcorn factories. The association between diacetyl and Popcorn Workers Lung is nothing new, yet the microwave popcorn industry is only taking action now.

One possible reason behind the manufacturers’ decision to quit using diacetyl could be a study conducted by the Environmental Protection Agency (EPA) that examined the possible health consequences faced by consumers who ate microwave popcorn made with diacetyl.   The study was completed in 2005, yet only the popcorn industry has been allowed to see the final EPA report.   The EPA claims that it is holding back the study so that it can undergo peer review, and in order to protect industry trade secrets. But a review of the EPA’s records by Cox Newspapers shows that the agency bowed to industry pressure by not releasing preliminary results of the investigation. In a 2004 email to an EPA scientist, a Weaver Popcorn vice president asked the agency to withhold preliminary results of the study, saying that it could “irreparably damage the industry”.   A few days later, the EPA agreed to withhold the study’s early findings.

Late last week, as the issue of diacetyl and Popcorn Workers Lung made headlines, the EPA announced that its diacetyl study would be published in a scientific journal in the next month or so. That announcement came after the Food & Drug Administration confirmed that it was investigating a case of Popcorn Workers Lung in a man with no ties to the popcorn industry. The victim, a self-described “popcorn addict” had been eating two bags of microwave popcorn everyday for 15 years before being diagnosed with bronchiolitis obliterans. In the 13 months since the EPA provided microwave popcorn makers with the results of the diacetyl study, Americans have consumed more than 750 million pounds of popcorn. How many factory workers and consumers might run the risk of developing Popcorn Workers Lung as a result of their exposure to diacetyl during that time is not known.

Popcorn Workers Lung Subject of FDA Investigation

Thu, 06 Sep 2007 00:00:00 -0700

Popcorn Workers Lung, a dangerous condition tied to a chemical used in microwave popcorn, is finally getting the attention of the Food & Drug Administration (FDA). Yesterday, the FDA said that it would be investigating the case of a man who ate several bags of microwave popcorn each day and has been diagnosed with bronchiolitis obliterans, also known as Popcorn Workers Lung. Meanwhile, ConAgra Foods, Inc. said yesterday that it would no longer use the chemical diacetyl – the likely culprit behind Popcorn Workers Lung – in its microwave popcorns.

Diacetyl is used to give microwave popcorn and other snacks a buttery flavor. In 2003 and 2004, the National Institute on Occupational Safety and Health found an association between the toxic substance and the development of Popcorn Workers Lung among hundreds of workers at six Midwestern popcorn factories. In April, the Centers for Disease Control (CDC) reported that workers at food flavoring factories, as well as popcorn plants, were at risk for the disease.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease is also rare, and was thought to be limited to people working in the flavorings industry. But now it appears that a consumer with a heavy microwave popcorn habit might be suffering from the disease. In July, Dr. Cecile Rhodes informed the FDA that one of her patients had contracted the disease. The patient had been consuming several bags of butter-flavored microwave popcorn on a daily basis for at least 15 years. According to the CDC, this is the first report of Popcorn Workers Lung in a consumer.

On the same day the FDA announced its investigation, ConAgra Foods, Inc. said that it planned to cease using diacetyl in its microwave popcorns “within a year”. The company produces Orville Redenbacher and Act II microwave popcorn brands, two of the biggest selling popcorns. ConAgra said that the decision to stop using diacetyl was made in order to protect employees who are exposed to large amounts of the chemical. ConAgra also said that it wanted to ease consumer fears about the safety of its microwave popcorn. Last week, Weaver Popcorn, the second largest microwave popcorn manufacturer, announced that it would no longer be using diacetyl in its products. And the Flavor and Extract Manufacturers Association has also recommended that the makers of butter-flavored microwave popcorns consider reducing the amount of diacetyl they use.

Since the link between diacetyl and Popcorn Workers Lung was made public, workers in the flavorings industry who developed the condition have been awarded millions of dollars in verdicts and settlements against their employees. But questions have been raised about government regulators’ response to the diacetyl question. The FDA declared the chemical safe years ago, and had not done any further investigation until this point. In 2005, the Environmental Protection Agency (EPA) completed a two-year study on the risk microwave popcorn fumes posed to consumers, but the study findings were only released to popcorn manufacturers. Recently however, the EPA has come under pressure to make the findings public, and now the agency has said that the popcorn study will be published in a major scientific journal within a month.

Popcorn Workers Lung Lawsuit Attorneys Diacetyl Lawyer

Thu, 06 Sep 2007 00:00:00 -0700

Popcorn Workers Lung - Bronchiolitis Obliterans

Bronchiolitis Obliterans aka Popcorn Workers Lung, is an obstructive lung disease in which the bronchioles of the lungs are blocked by the growth of fibrous tissue. The nickname Popcorn Workers Lung has been given to Bronchiolitis Obliterans because workers in factories that make microwavable popcorn that uses diacetyl for the buttery flavoring are known to contract the disease. The disease is irreversible, and can become so severe that a lung transplant may be necessary. Popcorn Workers Lung is a rare disorder that is known to be caused by repeated exposure to toxic gases, namely diacetyl.

Symptoms of Bronchiolitis Obliterans
The symptoms Popcorn Workers Lung usually occur gradually and become progressively worse. However, the sudden onset of severe symptoms is not unheard of. Signs of this disease include:

Coughing (usually without phlegm)
Shortness of breath on exertion
Fever
Night sweats
Weight loss
Difficulty blowing air out fast and no improvement with asthma medication

A variety of breathing tests, chest x-rays, chest scans and lung biopsies are usually needed in order to diagnose bronchiolitis obliterans. Often, patients are thought to have pneumonia, asthma or other lung ailments before a final diagnosis of Popcorn Workers Lung is made.

Bronchiolitis Obliterans and Diacetyl Exposure
Diacetyl, a chemical used to give microwave popcorn and other snacks a buttery flavor, has been associated with the onset of bronchiolitis obliterans. In 2003 and 2004, the National Institute of Occupational Safety and Health linked the development of Popcorn Workers Lung in hundreds of workers at six Midwestern popcorn factories to diacetyl exposure. The Centers for Disease Control has made a similar link between diacetyl and bronchiolitis obliterans. In 2007, two major popcorn manufacturers decided to discontinue the use of diacetyl in their microwave popcorn. Weaver Popcorn and ConAgra Foods, Inc. both announced the move as a way to protect worker health.

In June of 2007, the Food & Drug Administration (FDA) was informed of a patient who had developed bronchiolitis obliterans despite never having worked in the popcorn or flavorings industry. Reportedly, the man had been eating at least two bags of butter-flavored microwave popcorn everyday for 15 years prior to his diagnosis. The FDA is now investigating to see if his disease is linked to the consumption of diacetyl in microwave popcorn.

Popcorn Workers Lung Victims Legal Rights
If you or a loved developed popcorn workers lung (bronchiolitis obliterans) as a result of diacetyl exposure, you have valuable legal rights. Please fill out the form at the right for a free case evaluation or call 1-800-LAW-INFO (1-800-529-463) today for a free lawsuit case review by one of our qualified attorneys.