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For more than 10 years, the flavoring chemical diacetyl has been the subject of a growing number of national Popcorn Lung Lawsuits (Diacetyl Lawsuits) arising from the 2000 discovery of respiratory disease in nine workers at a Missouri microwave popcorn processing plant.
Dubbed “popcorn lung,” this respiratory disease arising from diacetyl exposure caused workers to exhibit chest symptoms including shortness of breath and poor lung function.
These employees were subsequently diagnosed with bronchiolitis obliterans, a non-reversible respiratory disease that results in the scarring of the bronchioles.
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.
It is also one of the several chemicals used to flavor some of the 7,000 varieties of electronic nicotine delivery systems (ENDS) currently on the market.
Diacetyl occurs naturally in some foods, such as dairy products, beer, and wine.
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.
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, can also affect the eyes, nose, throat, and skin gradually or suddenly, depending on the degree of exposure.
There is little research currently available on the potential adverse health effects associated with inhaling the flavorings in e-liquids, but attention is now turning to the damage that the diacetyl used to flavor e-cigarettes is doing to consumers, particularly younger ones who may be more susceptible to toxic exposure.
There are currently no requirements for manufacturers to indicate whether eliquids contain diacetyl or AP, and the only requirement is that ENDS products must contain a nicotine warning statement.
There also are no applicable standards for the composition of eliquids, including no governmental recommendations or restrictions on diacetyl and AP levels in eliquids.
Bronchiolitis obliterans is an extremely serious, non-reversible, and obstructive lung disease in which the bronchioles of the lungs are blocked by the growth of fibrous tissue.
This causes inflammation in the lungs and results in scarring and hardening of the tissue and obstruction of the airway.
Considered to be a “flavorings-related” condition, bronchiolitis obliterans is caused by the inhalation of airborne diacetyl.
Bronchiolitis obliterans is often referred to in the media as “Popcorn Lung” because it was first widely reported in workers in popcorn manufacturing plants.
This name is now a misnomer since bronchiolitis obliterans has also been diagnosed in workers of coffee plants, animal feed plants, bakeries, candy factories, tortilla manufacturers and other facilities using flavorings in the production of the end product.
Bronchiolitis obliterans is difficult to diagnose and to treat. Chest x-rays and CT scans are part of the diagnostic process, but neither is conclusive.
Open lung biopsy is required in order to make a definitive diagnosis, meaning that a portion of the lung must be removed and studied.
Although bronchiolitis obliterans is not reversible, there are treatment options.
Steroids can help reduce inflammation and relieve symptoms, and studies have shown that inhaled cyclosporine can increase the amount of air that is exhaled, which can decrease trapped air and provide better lung capacity to bronchiolitis obliterans victims.
The following diagnoses show similar symptoms of bronchiolitis obliterans and can lead to a misdiagnosis.
If you or a loved one has worked in the manufacturing of food or flavoring products and you have been diagnosed with one of the following diseases, it is worth investigating to see if exposure occurred at work:
Since the discovery of popcorn lung, popcorn lung lawsuits have been filed by microwave popcorn processing workers, employees of flavoring companies who used diacetyl as an ingredient, and consumers who claim to have developed a respiratory disease as a result of cooking and eating microwave popcorn in their homes.
Recent popcorn lung lawsuits allege harm to workers in coffee processing facilities.
Studies have shown that diacetyl and acetyl propionyl are naturally processed and released during the coffee roasting process, and the subsequent grinding of roasted coffee releases significant concentrations of these chemicals into the air.
There have been at least two lawsuits filed against ecigarette manufacturers alleging failure to disclose the presence of diacetyl/AP 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.
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With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
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AFFF Lawsuit claims are being filed against manufacturers of aqueous film-forming foam (AFFF), commonly used in firefighting.
Claims allege that companies such as 3M, DuPont, and Tyco Fire Products failed to adequately warn users about the potential dangers of AFFF exposure — including increased risks of various cancers and diseases.
Suboxone Tooth Decay Lawsuit claims are being filed against Indivior, the manufacturer of Suboxone, a medication used to treat opioid addiction.
Claims allege that Indivior failed to adequately warn users about the potential dangers of severe tooth decay and dental injuries associated with Suboxone’s sublingual film version.
Social Media Harm Lawsuits are being filed against social media companies for allegedly causing mental health issues in children and teens.
Claims allege that companies like Meta, Google, ByteDance, and Snap designed addictive platforms that led to anxiety, depression, and other mental health issues without adequately warning users or parents.
Transvaginal Mesh Lawsuits are being filed against manufacturers of transvaginal mesh products used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI).
Claims allege that companies like Ethicon, C.R. Bard, and Boston Scientific failed to adequately warn about potential dangers — including erosion, pain, and infection.
Bair Hugger Warming Blanket Lawsuits involve claims against 3M — alleging their surgical warming blankets caused severe infections and complications (particularly in hip and knee replacement surgeries).
Plaintiffs claim 3M failed to warn about potential risks — despite knowing about increased risk of deep joint infections since 2011.
Baby Formula NEC Lawsuit claims are being filed against manufacturers of cow’s milk-based baby formula products.
Claims allege that companies like Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil) failed to warn about the increased risk of necrotizing enterocolitis (NEC) in premature infants.
Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?