Bronchiolitis obliterans and product liability claims for popcorn lung sufferers

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Popcorn lung and product liability claims

Additives in food products have long been a concern for consumers and have generated product liability claims the world over.

In the US, workers at microwave popcorn factories were found to have developed lung and respiratory conditions after working closely with the artificial butter flavouring diacetyl. Approved by the US Food and Drug Administration diacetyl is a naturally occurring compound that gives butter its flavour.

The most serious condition linked to contact with diacetyl is bronchiolitis obliterans, a potentially fatal disease caused by chronic scarring in the bronchial passages of the lung.

Bronchiolitis obliterans has been dubbed popcorn lung' due to the prevalence of the chemical's use in the manufacture of butter flavoured microwave popcorn.

When a case of bronchiolitis obliterans was diagnosed, the manufacturer of diacetyl denied culpability for the US factory workers' ill-health. However, a US jury disagreed and awarded a substantial product liability award to the man who required a lung transplant after working with the hazardous product.

In terms of consumers being affected by popcorn lung', a man in the US has filed a product liability claim after consuming copious amounts of microwaveable popcorn. Having diagnosed bronchilitis obliterans, the lung specialist treating the man said there was, as yet, no proven link between the man's consumption of popcorn and the disease.

She did, however, express deep concern at the possibility of a link.
Tests at the man's home were compared with results from the popcorn factory exposing worrying statistics. In the factory workers had been exposed to diacetyl levels between 0.75 and 4 parts per million. In the consumer's home the levels around his microwave were found to be between 0.5 and 3 parts per million.
In the UK, a food worker involved in the mixing and manufacture of a food flavouring containing diactyl, known as base veg', has presented with bronchiolitis obliterans. He has commenced court proceedings against his former employer.

The man's lawyer said, "This condition is rarely diagnosed and medical experts who have come into contact with my client believe he is the first such case in the UK. "There is a suspicion, however, that this condition may be more widespread than is generally thought. Given the type of work in which my client was involved, I would be surprised if this was an isolated case".

Making a no win, no fee product liability claim
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