Indiana Court Bars Defective Design Claims Against Diacetyl Manufacturer

An Indiana federal court has granted summary judgment to Givaudan Flavors Corp. on the issue of design defect, ending a lawsuit by 27 popcorn factory workers who alleged they suffered respiratory injuries after being exposed to the company’s diacetyl butter flavoring. Aregood v. Givaudan Flavors Corp., No. 14-0274 (S.D. Ind., entered October 18, 2017). Givaudan had filed a motion in limine directed to the absence of evidence or opinions regarding the alleged defective design or unreasonably dangerous condition of diacetyl, and the court asked for summary judgment briefing on the potentially dispositive issue.

The court said that to show defective design under the Indiana Products Liability Act, a plaintiff “’must compare the costs and benefits of alternative designs and show that another design not only could have prevented the injury but also [is] cost-effective.’” Although the plaintiffs had obtained causation expert testimony and the court said it was “presuming without deciding” that the testimony would be admissible, the plaintiffs had failed to provide any expert testimony as to the costs or benefits of using a diacetyl-free butter flavor or that such flavorings available before 2007 were “cost-effective alternatives.” The fact that a diacetyl-free flavor existed, the court said, is not enough because “the fact that a safer product existed does not mean the accused product is defective.”