Popcorn flavoring damaged worker's lungs, jury finds.

A worker in a factory that produces microwave popcorn has received a large compensatory damages award from a Missouri county court for being exposed to flavoring vapors that harmed his lungs. (Peoples v. Int'l Flavors & Fragrances, Inc., No. 91CV683025-07 (Mo., Jasper County Cir. ct. Mar. 15, 2004).) Twenty-eight other workers have suits pending.

Eric Peoples, 32, worked tier five years at the Glister-Mary Lee microwave popcorn plant in Joplin, Missouri, where boiling vats of butter flavoring released the chemical diacetyl into file air. He began experiencing shortness of breath, which gradually worsened as his airways were damaged, reducing his lung capacity to 20 percent. Peoples is slated to receive a double-lung transplant, although his life expectancy afterward maybe only 10 years.

Peoples alleged that flavoring manufacturer International Flavors and Fragrances, Inc., and its subsidiary, Bush Boake Mien, Inc., knew that exposure to diacetyl was hazardous but didn't warn workers at the Gilster-Mary Lee plant or provide adequate instructions for safeguarding their health.

Between 1992 and 2000, eight former workers at the plant, but not Peoples, contracted bronchiolitis obliterans--a rare inflamation of the small passages in the lungs, which can be caused by inhaling a toxic substance. Of the factory's 200 to 250 workers, about 40 have respiratory problems.

Peoples's attorney--Kenneth McClain of Independence--represents the 30 workers who have filed suits. Peoples was the first to go to trial, McClain said, because he was the sickest. The defendants recently settled a separate case just before a jury reached a verdict. (Redman v. Int'l Flavors & Fragrances, Inc. (Mo., Jasper County Cir. Ct. Apr. 30, 2004).)

in Peoples's suit, McClain argued that although the defendant companies--which manufactured the flavoring at its own factories--didn't know that workers exposed to diacetyl might face consequences as dire as a lung transplant, it did know they had experienced respiratory problems. The defendants' own workers reported ailments like eye and skin irritation; the defendants required them to wear respirators, and it took other safety measures, such as providing a closed system to prevent vapors from escaping while flavorings were being made. The plaintiff's suit charged that the defendants should have warned Glister-Mary Lee workers to take the same precautions.

Peoples's life expectancy is reduced, and he can no longer work, nor can he run around with his two children, ages 8 and 10, McClain told the jury. Within two hours, the jurors returned a verdict for the plaintiff.

"The chemicals are dangerous, damaging to the lungs," McClain said. "And even a lung transplant is just a Band-Aid." At press time, he had another trial scheduled and cases involving workers at plants in Illinois and Iowa. "It's a widespread problem that's not restricted to popcorn plants," he said. "It's not the location, it's the chemicals themselves."

The Occupational Safety and Health Administration (OSHA) ranks diacetyl at 10 on its Health Effects Index, with 1 being the most severe (causing cancer) and 20 the least (emitting odor). It says exposure to the chemical may result in respiratory system irritation, shortness of breath, and suspected cumulative lung damage, including bronchiolitis obliterans.

Tests conducted by the National Institute for Occupational Safety, and Health (NIOSH) showed respiratory symptoms in lab rats that breathed high concentrations of vapors containing diacetyl. But "it is still unclear what role diacetyl may or may not play in the development of respiratory illness in workers exposed to the flavoring," according to a NIOSH press release.

At the request of the Missouri Department of Health, NIOSH investigated conditions at the Gilster-Mary Lee plant and recommended that it improve its ventilation and require all workers in microwave popcorn production to wear respirators. Even after these improvements, NIOSH tests of workers found that their breathing capacity was reduced.

"The current data indicate that bronchiolitis obliterans occurring in [the eight] former workers of this plant is most likely due to the workers' occupational exposure to inhaled flavoring vapors," the agency reported. But it cautioned that further research is needed. It is examining other companies that use flavorings to determine whether their workers are in danger.

While the EPA says microwave popcorn is safe for consumers to pop and cat at home, it is currently testing about 50 brands, batches, and flavors for health effects on consumers.