Diacetyl Lawsuits Filed On Behalf of Individuals Exposed to Diacetyl

Diacetyl Flavoring in Food Industries

Diacetyl is a chemical compound produced by yeast during fermentation.

But, chemical companies also manufacture diacetyl as a synthetic chemical using it as an artificial food additive in many consumer products.

In its synthetic state, diacetyl is a hazardous chemical used in manufacturing facilities throughout the United States.

Diacetyl is a flavoring agent that is considered safe to eat but potentially hazardous when inhaled.

It is used to produce a variety of flavors in foods, particularly dairy flavors like butter and cheese, and brown flavors like caramel and butterscotch.

Diacetyl occurs naturally in some foods, such as dairy products, beer, and wine.

Due to its potential for causing respiratory illness, diacetyl has largely been phased out of the artificial flavoring industry and replaced with acetyl propionyl (AP).

Although AP (like diacetyl) is approved for use in food, some researchers have raised questions about the potential toxicity of AP inhalation due to structural similarities between the two chemicals.

The Centers for Disease Control and Prevention (CDC) has expressed concern that AP and diacetyl could be equally toxic.

While there are currently no specific standards for occupational exposure to butter-flavoring or the chemicals diacetyl or acetyl propionyl, OSHA is investigating the flavorings-related lung diseases and is offering standards that regulate the workplaces to protect workers exposed to these substances.

NIOSH conducted an analysis regarding diacetyl exposures and lower pulmonary function and found a relationship between the two.

A common way of reporting the concentration of diacetyl is to report the chemical in terms of parts per million.

NIOSH now recommends keeping exposure below a concentration of 5 parts per billion as a time-weighted average during a standard 40-hour work-week.

To protect against the risks of short-term exposure, NIOSH recommends a limit of 25 parts per billion for a 15-minute time period.

NIOSH recommends keeping occupational exposure to 2,3- pentanedione at 9.3 parts per billion in an eight-hour sample and 31 parts per billion during a 15-minute period.

Diacetyl is a flavoring agent that is considered safe to eat but potentially hazardous when inhaled.

Due to its potential for causing respiratory illness, diacetyl has been largely phased out of the artificial flavoring industry and replaced with acetyl propionyl (AP).

Although AP (like diacetyl) is approved for use in food, some researchers have raised questions about the potential toxicity of AP inhalation due to structural similarities between the two chemicals.

The Centers for Disease Control and Prevention (CDC) has expressed concern that AP and diacetyl could be equally toxic.

Diacetyl in Popcorn Manufacturing

For almost 15 years, the flavoring chemical, diacetyl has been the subject “popcorn lung lawsuits” for workers who were diagnosed with “popcorn lung” from workplace exposure at the Gilster-Mary Lee popcorn plant in Jasper MO.

Lawsuits followed in several other states for workers who were not warned of the dangers of exposure to the hazardous chemical, diacetyl in popcorn plants.

Then, in 2012, Wayne Watson, was the first consumer who developed “popcorn lung” as a result of eating two bags of microwave popcorn daily for 10 years.

Watson, a Colorado native, was awarded $7 million by a jury who believed the manufacturer of the popcorn, Gilster-Mary Lee, should have warned Mr. Watson about the risk.

As a result of Mr. Watson’s case, these major popcorn manufacturers began to produce “diacetyl-free” products, replacing the chemical with substitutes.

However, studies by NIOSH and the Flavor and Extract Manufacturers Association note that many of these substitutes are similar chemicals to diacetyl and yield similar adverse health effects.

Diacetyl in Coffee Roasting and Grinding

Diacetyl occurs naturally in unflavored coffee as a byproduct of the process of roasting coffee beans.

Commercial roasting and grinding of beans can release diacetyl into the air along with other volatile compounds in the workplace.

In addition, diacetyl and 2,3-pentanedione are often added in the production process for flavored coffees.

Physicians at a university medical center diagnosed obliterative bronchiolitis in five individuals who had worked at a coffee processing facility.

In April 2013, the CDC reported on two of these workers in a weekly report and noted that these two cases should raise concerns about workers in coffee-processing facilities and may expand the number of workers potentially at risk to flavoring-chemical related diseases.

More studies on the exposure of coffee workers have been published by the CDC and NIOSH resulting in guidance to protect workers including the institution of a medical monitoring program for workers.

More information on the dangers of diacetyl exposure for coffee workers can be found here.

Diacetyl in E-Cigarette’s E-Juice

Electronic cigarettes, commonly called e-cigarettes and also known as electronic nicotine delivery systems (ENDS), are battery-operated devices designed to deliver nicotine with flavorings and other chemicals to users in vapor form instead of smoke.

There are currently over 7,000 e-cigarette flavors on the market.

Popular e-cig flavors such as cotton candy, bubble gum, and many others, often include diacetyl or other harmful flavorings and manufacturers are not required to warn consumers of its presence.

A 2015 study performed by The Environmental Health Perspectives selected 51 types of e-cig flavors sold by leading brands to test for the amount of diacetyl they contained.

These flavors also happened to be deemed appealing to youth.

39 out of the 51 flavors tested positive for diacetyl about the laboratory limit.

The heating and inhalation of dangerous chemicals such as diacetyl resulted in a diagnosis of bronchiolitis obliterans for many individuals working in popcorn and other flavoring industries, leading critics to ask if e-cigarettes will be the next “popcorn lung”?

More information on e-cigarettes and diacetyl exposure can be found here.

Diacetyl In Pet Food Manufacturing

Individuals working in pet food manufacturing expressed concerns about vomiting, seizures, breathing difficulties, and rapidly deteriorating lung capacity — all symptoms consistent with bronchiolitis obliterans.

At the request of several employees in 2012, the U.S. Department of Health and Human Services reviewed medical records from seven employees of a pet food manufacturing plant in Missouri.

After a year of on-site visits and follow-up questionnaires with these employees and their physicians, the Health Hazard Evaluation report noted that employee health concerns were warranted and steps needed to be taken to protect these workers.

According to the department, studies of pet food manufacturing facilities showed that workers were being exposed to diacetyl and 2,3-pentanedione at sufficient concentrations.

Physicians who studied the health of pet food manufacturer workers have said there is a reasonable medical probability that the worker’s respiratory conditions were due to workplace exposures of diacetyl at the pet food manufacturing facility.

It is very important to note that though flavoring manufacturers may not include diacetyl on their material safety data sheets (MSDS), these chemicals can still be present.

The implication that diacetyl and 2,3-pentanedione are naturally occurring as a result of the roasting or smoking process and are therefore safe, is misleading.

These diketones have respiratory toxicity, whether naturally derived, or added as synthetic chemicals.

Who Regulates Flavoring/Diacetyl?

According to the Center for Public Integrity:

“A secretive food industry trade group that has no in-house employees, no office of its own and a minuscule budget.”

Safety advocates and Food Industry Critics continue to raise concerns about the safety of the ingredients in our food supply as a result of the confusing self-policing done by the “Food & Extract Manufacturers Association” (FEMA).

FEMA is the primary body responsible for the safety evaluation of all “generally recognized as safe” (GRAS) and it is funded by membership dues paid by the largest flavoring manufacturers who profit off the same ingredients they are supposed to be regulating.

Most consumers believe the FDA determines the safety of ingredients and continues to monitor the safety of flavoring substances.

This is not true.

Not only does the FDA not monitor the GRAS designation of any flavoring, but in 1997, the FDA introduced a new rule that allowed companies to decide for themselves what qualifies as GRAS.

Notification of a GRAS substance is not required.

Diacetyl was given the designation of GRAS in 1980.

This designation of GRAS refers to the use of diacetyl in food products but does not designate the vapors/toxins that occur from the heating of diacetyl as “safe.”

Diacetyl and acetyl propionyl are added to a wide range of foods because of its buttery odor and flavor.

People who make or work near flavorings in the production and packaging of foods that contain diacetyl and acetyl propionyl may be at risk for diacetyl exposure and irreversible lung diseases.

The Centers for Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health (NIOSH) continue to evaluate and report on the health hazards of diacetyl after learning of worker’s exposure.

Diacetyl Lawsuits Expand Beyond Popcorn Lung

Calling this disease and these lawsuits “popcorn lung” is a bit deceiving since it is now known that diacetyl is used in many different consumer product and food industries.

Diacetyl lawsuits now include other flavoring company workers as more is learned about exposure to this toxic chemical, diacetyl.

Recent diacetyl lawsuits allege harm to workers in other flavoring related industries, including coffee processing facilities, chocolate, candy confectionaries, flavored syrups, animal feed, tortilla manufacturers and many other consumer product manufacturers.

Most recently, a jury in Orange County California awarded a man named Tanu Vatuvei $2.6 Million after he was harmed by exposure to diacetyl while on the job.

Mr. Vatuvei was left with only 40% of his lung capacity as a result of working with diacetyl for nearly ten years at Mission Flavors & Fragrances.

Furthermore, it is now known that a large number of flavored vaping juices found in e-cigarettes contain diacetyl.

There have been at least two lawsuits filed against e-­cigarette manufacturers alleging failure to disclose the presence of diacetyl/Acetyl Propionyl in e-liquids and to warn of their associated risks.

Both were putative class actions alleging consumer fraud­based claims filed in the U.S. District Court, Central District of California.

TruLaw continues to talk to individuals who are worried about the link between e-cigarettes and lung injuries.

Diacetyl Side Effects

Although the U.S. Food and Drug Administration (FDA) has stated that it is safe to consume diacetyl in trace amounts, it is important to note that the FDA and the CDC do not state that it is safe to heat and inhale.

Ingesting small quantities of diacetyl is very different than heating and inhaling the toxic chemical.

Inhaling diacetyl can lead to scar tissue build-up in the lungs, blocking airflow and potentially damaging the lungs permanently.

Although diacetyl affects mainly the lungs, it can also affect the eyes, nose, throat, and skin gradually or suddenly, depending on the degree of exposure.

A flavorings-related fixed obstructive disease usually presents with a non-productive cough and the subsequent development of exertional shortness of breath.

The onset of “popcorn lung” is usually gradual, but disease progression in a matter of months has been identified.

Bronchiolitis obliterans is also commonly misdiagnosed. More information about bronchiolitis obliterans can be found here

If you are a worker who regularly enters or works in areas where flavoring ingredients may be inhaled, you should consistently monitor your health and specifically the health of your lungs and take precautions such as wearing proper respiratory protection.