Court Upholds $7.2 Million ‘Popcorn Lung’ Award

A U.S. District Court in Colorado ruled April 10 that a reasonable jury could have concluded that manufacturers and distributors of microwavable popcorn knew about the risks to consumers from the flavoring ingredient diacetyl. Plaintiff Wayne Watson suffered from bronchiolitis obliterans, sometimes called “popcorn lung.” It is a condition more often found in workers at popcorn plants that is associated with exposure to the flavoring liquid diacetyl. Though consumer diacetyl suits are rare, Watson prevailed at a trial in September 2012, with a $7.2 million verdict (42 OSHR 872, 9/27/12). Defendants launched a posttrial challenge to evidence that ...