A Strange Lawsuit Revealed

By ACSH Staff — Jan 17, 2008
A Denver man, Wayne Watson, is suing the grocery store where he bought microwave popcorn which he ate daily -- about two bags per day. The popcorn was flavored with diacetyl -- naturally found in butter and some other dairy products. Diacetyl, when inhaled in large amounts, is thought to be responsible for a rare lung disease -- bronchilitis obliterans. It has been diagnosed at unusually high rates in workers in a factory that produced the butter-flavored snack.

A Denver man, Wayne Watson, is suing the grocery store where he bought microwave popcorn which he ate daily -- about two bags per day. The popcorn was flavored with diacetyl -- naturally found in butter and some other dairy products. Diacetyl, when inhaled in large amounts, is thought to be responsible for a rare lung disease -- bronchilitis obliterans. It has been diagnosed at unusually high rates in workers in a factory that produced the butter-flavored snack.

It's easy to understand why high inhalation levels in an occupational setting could cause health problems but harder to see why someone in a home environment would be exposed to similar levels. Similarly, it's difficult to understand why the grocery store would be held liable -- the store wasn't producing the popcorn or flavoring it with diacetyl and most likely also offered unflavored popcorn as well (most stores do). It will be interesting to see how this case proceeds through the courts. In the meantime, manufacturers are backing away from diacetyl use and/or separating their workers from the microwave ovens where the popcorn is tested.

What should concerned consumers do? Eat microwave popcorn in moderation (always a good idea) or try the unbuttered kind -- either way, you may eat fewer calories in the bargain.

Ruth Kava, Ph.D., R.D., is Director of Nutrition at the American Council on Science and Health (ACSH.org, HealthFactsAndFears.com).