$7.5 Million Jury Verdict in Consumer Diacetyl Exposure Suit Upheld

A federal court in Colorado has dismissed the defendants’ post-trial motions for judgment as a matter of law or for a new trial thus upholding a $7.5 million jury award to plaintiffs who alleged personal injury from exposure to the diacetyl in microwave popcorn consumed at home. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., order entered April 10, 2013). The court scheduled an April 18 hearing on post-trial motions to amend the judgment and for an award of attorney’s fees and costs.

According to the court, in light of conflicting evidence as to the defendants’
knowledge about purported health effects from diacetyl exposure and
whether non-workplace exposures are sufficient to cause injury, a reasonable
jury could conclude that the defendants knew about the risk and failed
to warn consumers about it. The court also found the punitive damages
appropriate because “a reasonable jury could conclude that the Defendants
knew about the risk posed to consumers from the diacetyl in their microwave
popcorn products, and that this conduct could be construed as willful and
wanton.” The court further confirmed its earlier rulings, following three fully
contested Daubert hearings, that the expert testimony of Dr. Egilman was
properly admitted at trial.