The day after Ronald Kuiper died, a jury reportedly awarded the former popcorn factory worker and his wife $7.55 million in litigation against one of the companies that supplied the flavorings with diacetyl used by his employer. Kuiper v. Givaudan Flavors Corp., No. 06-4009 (N.D. Iowa, verdict rendered March 12, 2009). Kuiper apparently alleged that he contracted broncholitis obliterans from his workplace exposure to the butter-flavoring chemical, and he reportedly died from complications of the disease. According to a news source, the jury deliberated for six days following the month-long trial and declined to award punitive damages. The Kuipers, who previously settled claims against other flavorings manufacturers for undisclosed amounts, alleged design defect, failure to warn and failure to test. Givaudan reportedly argued, among other matters, that Kuiper’s claims were barred by a two-year statute of limitations. See Product Liability Law 360 and Mealey’s Emerging Toxic Torts, March 13, 2009.
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The Occupational Safety and Health Administration (OSHA) has withdrawn its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl so that a Small Business Advocacy Review Panel can promptly convene to study the effect such a rule would have on small businesses. According to OSHA’s notice, materials submitted before the ANPRM’s withdrawal as well as any other information submitted directly to OSHA after the withdrawal, will be placed in the public rulemaking docket and receive equal consideration as a part of the rulemaking record. Several other opportunities for stakeholders to provide information and comment during the rulemaking process will also be available. Diacetyl is a chemical used in butter flavoring for popcorn and confectionary products that has been linked to bronchiolitis obliterans, an incurable lung disease purportedly diagnosed in a number of workers at U.S. popcorn-manufacturing plants. Earlier this year, OSHA sought information…
OSHA has published an advance notice of proposed rulemaking, seeking data, information and comments about occupational exposure to diacetyl and food flavorings containing diacetyl. Diacetyl is a chemical used as a butter flavoring in products such as microwave popcorn, margarine, cooking sprays, snack foods, confectionaries, and other foods with dairy, butter and cheese flavors. Workers exposed to the chemical have reportedly developed respiratory impairments including a potentially fatal disease known as bronchiolitis obliterans. OSHA is considering developing a health standard regulating occupational exposure to diacetyl and food flavorings containing diacetyl and will accept comments until April 21, 2009. The agency requests that commenters focus on more than 60 specific questions concerning levels of exposure, number of employees exposed, symptoms and diseases found in exposed employees, exposure mitigation measures, employee training, risk assessments, and potential costs of an exposure standard, among other matters. According to OSHA, which is also seeking information about…
A microwave popcorn consumer who allegedly developed a lung injury from her exposure to diacetyl, the chemical responsible for the butter flavoring in the product, has sued popcorn manufacturers, retailers and flavoring companies in a Missouri state court, alleging product liability and negligence. Khoury v. ConAgra Foods Inc., No. 0816-CV31620 (Jackson County Circuit Court, Missouri, filed October 10, 2008). Represented by plaintiffs’ lawyer Kenneth McClain, who brought diacetyl-related litigation against employers on behalf of exposed workers with bronchiolitis obliterans and has also sued cigarette manufacturers on behalf of sick smokers, the plaintiff alleges that defendants failed to warn consumers that inhaling the “buttery aroma of Act II” microwave popcorn could cause respiratory damage.
