Popcorn Lung Victims Receive Favorable Ruling from New York Appeals Court

By Sophia Brink

Published on November 15, 2007

The 30 current and former employees at the plant in Joplin, Missouri, must successfully prove that exposure to the chemical diacetyl caused them to develop a potentially deadly condition known as popcorn lung, or bronchiolitis obliterans.

Diacetyl is used to produce a buttery flavor in microwave popcorn and other packaged snacks. The defendant, International Flavors and Fragrances, supplied the popcorn plant with diacetyl between 1992 and 1996.

The Manhattan-based company appealed a Manhattan Supreme Court decision rejecting the idea that the company was only responsible for one deductible on all claims.

Diacetyl was discovered to be highly toxic to rats during a 1993 study conducted by a German chemical company. Rats that were exposed to diacetyl vapors had difficulty breathing. Half died within a day.

Whether or not the ruling will affect the lawsuits of other workers afflicted with popcorn lung remains to be seen.

Keyword Tags: chemical exposure, employment law, workers compensation

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