Popcorn Lung Disease | Bronchiolitis Obliterans

Popcorn Lung Lawsuits: Causes, Risk, and How Victims Seek Legal Recourse

Popcorn lung — medically known as bronchiolitis obliterans — is a rare but serious condition that damages the small airways in the lungs and can cause permanent breathing problems. The disease shot into public awareness years ago after workers in microwave popcorn, coffee roasting and flavoring plants developed severe respiratory illness linked to inhaling certain chemical flavorings. More recently, concerns over e-cigarette and vaping exposures have led to additional scrutiny and litigation. Below we explain the potential causes of popcorn lung, who may be at risk, and the legal options available to people harmed by occupational or consumer exposures.

What is popcorn lung (bronchiolitis obliterans)?

Bronchiolitis obliterans is an inflammatory disease that leads to scarring and narrowing of the bronchioles — the smallest air passages in the lungs. Symptoms often include persistent cough, shortness of breath, wheezing, and fatigue. The condition can progress despite treatment and in many cases results in long-term impairment or the need for lung transplantation. Because the disease overlaps with other respiratory illnesses, diagnosis typically requires pulmonary function testing, imaging, and specialist evaluation.

Known and suspected chemical causes

Although multiple causes exist (including certain infections, autoimmune diseases, and some medications), the term “popcorn lung” specifically arose from occupational exposure to volatile flavoring chemicals. Key agents implicated include:

• Diacetyl and acetyl propionyl: These buttery-flavored chemicals were widely used in microwave popcorn, flavorings, and some food manufacturing processes. Inhalation of aerosolized diacetyl has been linked to bronchiolitis obliterans in workers at flavoring plants, coffee roasters and food production facilities.
• Other flavoring agents and chemical mixtures: Some formulations containing similar diketones or reactive carbonyl compounds can also damage airway tissue.
• Workplace dusts and gases: Repeated exposure to silica, welding fumes, certain solvents, or smoke in poorly controlled industrial settings can contribute to small airways disease.
• Vaping and e-liquid constituents: Some public health investigations have suggested that certain vaping aerosols, additives, or contaminants may increase the risk of severe lung injury. The relationship to classic bronchiolitis obliterans requires individualized medical and scientific analysis.

It’s important to note that identifying a single “smoking gun” chemical in any one case can be scientifically complex. Exposure levels, duration, co-exposures, and individual susceptibility all affect risk.

Who may have a legal claim?

Potential plaintiffs in popcorn lung litigation typically include:

• Current and former employees of flavoring or food production plants who were routinely exposed to aerosolized flavoring chemicals without proper respiratory protection or engineering controls.
• Workers in related industries (e.g., bakery, candy, coffee roasters or snack manufacturing) where similar compounds are used.
• Users of consumer products (including some e-cigarette or vaping product users) who develop lung disease potentially linked to product ingredients or inadequate warnings.
• Families of individuals who suffered debilitating illness or death and may pursue wrongful death claims where appropriate.

The available legal theories frequently used in these cases include negligence (failure to provide safe working conditions or adequate warnings), strict product liability (defective design or failure to warn about health risks), breach of warranty, and violations of workplace safety laws and regulations.

Types of compensation victims may pursue

Compensation in popcorn lung cases can cover a range of losses:

• Medical expenses: past, current, and expected future costs for pulmonary care, medications, hospitalizations, and, if necessary, lung transplantation or long-term oxygen therapy.
• Lost wages and lost earning capacity: compensation for time away from work, diminished ability to earn, retraining expenses, or permanent disability.
• Pain and suffering: non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
• Wrongful death damages: where illness leads to death, families can seek funeral costs, loss of financial support, and emotional damages.
• Punitive damages: in rare cases where misconduct was especially reckless, punitive awards may be sought to punish and deter wrongdoing.

Relief can come from workers’ compensation programs, product liability lawsuits, or third-party actions against suppliers, manufacturers, or distributors. Workers’ compensation often provides quicker benefits but may limit the ability to sue the employer directly; other defendants (manufacturers, flavoring suppliers) may remain liable in civil court.

Vaping Lung Disease

In July, 2017, the U.S. Food and Drug Administration (FDA) announced a directive to reduce tobacco-related disease with a new plan for tobacco and nicotine regulation that will serve to better protect children. The approach places nicotine at the center of the agency’s tobacco regulation efforts.

The FDA notes that e-cig and vaping devices can be helpful to the effort. However, a 2015 study conducted by the Harvard School of Public Health found diacetyl, a flavoring compound considered a respiratory hazard, was present in more than 75 percent of flavored electronic cigarettes and vaping liquids tested by researchers.

Several years ago, workers in a microwave popcorn factory were sickened by breathing in diacetyl, the popular flavoring chemical in popcorn and snack products. Studies have linked diacetyl to deaths and hundreds of cases of bronchiolitis obliterans, a serious and irreversible lung disease.

Bronchiolitis obliterans syndrome (BOS) is a form of chronic lung dysfunction in which the lungs deteriorate, and cause a myriad of severe symptoms. The deterioration in pulmonary function generally progresses despite therapy. No effective treatment has yet been established.

Major popcorn manufacturers have since removed diacetyl from certain products, but many people are still being exposed to diacetyl through e-cig vapor.

Joe Lyon is a highly-rated product liability attorney and personal injury lawyer representing plaintiffs nationwide in vaping injury lawsuits and severe respiratory illness cases.

What to do if you or a family member has been diagnosed

If you suspect your lung disease is linked to occupational or product exposure:

1. Get specialized medical evaluation immediately (pulmonology/occupational medicine). Accurate diagnosis and documentation are essential.
2. Preserve records: keep employment records, pay stubs, job descriptions, safety training documents, and any communications about workplace exposures.
3. Report the condition to your employer and file for workers’ compensation benefits if applicable.
4. Consult an attorney experienced in occupational disease, toxic exposure, or product liability litigation to evaluate potential claims and preserve evidence.
5. Avoid posting detailed medical information on public forums that could compromise future claims; rely on legal counsel for public statements.

Consumer Popcorn Lung

According to the EPA, popping microwave butter-flavor popcorn releases diacetyl into the air along with other potentially toxic chemicals. The study found that 80 percent of the chemical fumes escaped from a bag of microwave popcorn within the first seconds of opening.

Diacetyl has sickened hundreds of microwave popcorn plant workers, who have in turn developed Popcorn Lung (popcorn lung) which has killed at least three popcorn factory workers. Initial symptoms include coughing and shortness of breath.

In addition, at least one consumer fell ill from consuming popcorn and later filed a successful lawsuit against the manufacturers of the product. The Colorado man reportedly ate two bags of popcorn a day for more than 10 years and was diagnosed with bronchiolitis obliterans syndrome.

Popcorn Lung Lawsuits

In 2009, a federal jury in Iowa awarded $7.5 million to a former worker in a microwavable popcorn facility. The worker’s attorneys said the flavoring ingredients caused his health problems.

A number of consumers have sued other microwave popcorn manufacturers, claiming chemicals in the popcorn flavoring lead to lung disease. A Denver man, for example, won a $7.2 million verdict against Gilster-Mary Lee Corp., The Kroger Co. and Dillon Companies Inc., after developing BOS after claiming he consumed microwavable popcorn for years.

The man and his lawyers sued the popcorn maker and supermarkets, claiming the companies never warned consumers that diacetyl was dangerous.

Any former worker, or consumer of products that contains these dangerous chemicals may have a claim against a company for injury and damage as a result of exposure. Contact an experienced popcorn lung lawyer for legal assistance.

American Popcorn Lawsuits

Former and current employees of American Pop Corn Company production plants may be at risk of developing a serious lung disease due to artificial flavorings that were commonly used by most popcorn companies, including American Pop Corn.

Bronchiolitis obliterans is known to affect employees involved in production and packaging processes in pop corn facilities like American Pop Corn in Sioux City, Iowa. Medical Experts have identified diacetyl as a dangerous toxin, causing illnesses in many popcorn production workers.

However, health agencies and the U.S. Occupational Safety and Health Administration (OSHA) have not determined a safe amount or duration of exposure. As a result, many food and beverage companies have stopped using diacetyl as a flavoring agent.

The health effects may have already taken hold in many former workers at American Pop Corn Company, and the company may be held responsible for diacetyl-related illnesses and diseases.

American Pop Corn employees who faced diacetyl flavoring exposure may experience eye, nose, throat, and skin irritation. There is some medical evidence that occupational asthma may be associated with workplace exposure to certain flavorings like diacetyl.

Studies have shown an association with occupational exposure to certain flavorings and the development of bronchiolitis obliterans, a lung disease characterized by fixed airways obstruction.

Almost all of the known cases of “popcorn lung” have occurred in workers exposed to diacetyl flavorings in production and packaging plants. But consumers may also be exposed to food additive toxins. The following American Pop Corn Brands had diacetyl flavoring in the past:

• Jolly Time
• Blast O’ Butter
• Butterlicious
• Better Butter
• White and Buttery
• Crispy ‘n White
• KettleMania
• The Big Cheez
• Mallow Magic
• Sassy Salsa

Weaver Popcorn Lawsuits

Weaver Popcorn Co. of Indianapolis, Indiana recently stopped using diacetyl in its artificial butter flavoring because of pending lawsuits from consumers and food production workers around the country who claim the chemical is toxic.

Exposure can cause serious health problems like popcorn lung and other respiratory diseases including asthma, granulomatosus disease, hypersensitivity pneumonitis, emphysema, and interstitial lung disease.

Workers at Weaver Popcorn Co. around the production and packaging areas where diacetyl was present may have been exposed to toxic fumes on a daily basis and developed a lung disease.

Affected workers may notice a gradual reduction of cough years after they are free from flavoring vapors, but abnormalities in lung function can persist. Medical attention is crucial, and following treatment legal action may be sought to investigate the cause of the illness.

Conagra Popcorn Lung

Any ConAgra employee working with artificial flavorings at the workplace may risk heavy exposure to toxins. Bronchiolitis obliterans syndrome may initially cause a mild dry cough and develop into a continual shortness of breath as soon as two weeks after the first heavy exposure.

Microwave popcorn plant and flavored coffee plant workers have developed obstructive lung diseases such as a type of bronchiolitis called constrictive bronchiolitis obliterans. In bronchiolitis obliterans, the airways in the lungs become scarred and constricted, and block the movement of air.

The primary respiratory symptoms experienced by workers affected by obliterative bronchiolitis include dry coughing, wheezing, and a continual shortness of breath on exertion.

The severity of symptoms can range from mild to severe, and typically do not improve when a worker goes home at the end of the workday. These symptoms are gradual and progressive, though severe symptoms can occur suddenly. Some workers may experience a fever, sweating, and sudden weight loss.

Workers should seek medical evaluation if they have persistent cough, shortness of breath on exertion, frequent symptoms of eye, nose, throat, or skin irritation, or general decline in lung function. Affected workers may notice a gradual reduction of cough years after they are free from flavoring vapors, but abnormalities in lung function tests usually persist.

Several workers with related lung disease have been placed on lung transplant waiting lists. Medical attention is crucial, and following treatment legal action may be sought to investigate the cause of the illness.