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Colorado Man Wins $7.2M Settlement in “Popcorn Lung” Lawsuit
By Matt O’Donnell
A Colorado jury has awarded $7.2 million to a Denver man who developed a chronic condition known as “popcorn lung” caused by diacetyl — a dangerous chemical used in the butter flavoring of microwave popcorn. The man is believed to be the first consumer diagnosed with “popcorn lung” disease from years of eating buttered popcorn. The settlement could open the door for class action lawsuits against microwave popcorn companies.
Plaintiff Wayne Watson, 59, alleged in the popcorn lung lawsuit that he was diagnosed with bronchiolitis obliterans in 2007 after years of eating microwave popcorn every day and inhaling the smell of artificial butter. He charged that the popcorn manufacturer and the supermarket chain that sold it were liable for his diagnose because they failed to alert consumers that the popcorn’s butter flavoring contained the dangerous chemical.
Over the past 15 years, verdicts have been reached in numerous lawsuits filed by workers in popcorn plants where diacetyle was an ingredient. Microwave popcorn and flavoring workers across the country began suing in 2004 over health problems they developed from being exposed to diacetyle, and have been awarded large settlements.
Watson, however, is the first consumer to reach a popcorn lung settlement.
Bronchiolitis obliterans, or “popcorn lung,” is a form of obstructive lung disease that makes it difficult for air to flow out of the lungs. The condition is irreversible.
Jurors sided with Watson in finding Gilster-Mary Lee Corp., the private-labeling manufacturer of the popcorn, liable for 80 percent of the $7.2 million damages. King Soopers grocery chain and its parent, Kroger Co., were found liable for 20 percent.
King Soopers and Kroger said they intend to appeal the decision.
So far no class action lawsuit has been filed on behalf of consumers who purchased microwave buttered popcorn containing diacetyle.
Updated October 9th, 2012
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9 thoughts onColorado Man Wins $7.2M Settlement in “Popcorn Lung” Lawsuit
Add me please as this is a staple in my home and has been since it came out. My kids, now in their 30’s have been eating it also.
Myself, along with all 3 of my children have eaten HUNDREDS OF BAGS of microwave popcorn in every brand and flavor.
Include me.please
Who can I get in touch with regarding a class action on the pop corn lung?
I have been buying microwave popcorn for years. My favorite snack.
I’ve recently been diagnosed with Interstitial lung disease. My favorite snack is a big bag of movie theater buttered popcorn. I need more information so I can forward to my doctors at Stanford. Thank you
Sign me up
Omg I buy this ! Let’s start our own class action lawsuit. Sign me up.
we have this now and have been buying this for many years
How would this effect young children whoeat the product
What brands are using this additive?