Lawsuit Filed Against Butter Flavoring Companies and Microwave Popcorn Manufacturers by Morgan & Morgan
On Thursday October 9th, a consumer of microwave popcorn filed suit against butter flavoring companies and microwave popcorn manufacturers. The suit was filed on behalf of Elaine Khoury by Morgan and Morgan (forthepeople.com) of Ft. Myers, Florida and Humphrey, Farrington & McClain of Independence, Missouri.
Missouri has been a hot-bed of butter flavoring litigation. In 2004, a $20 million dollar verdict was obtained for Eric Peoples of Carthage, Missouri. Peoples and over thirty of his co-workers from the Jasper popcorn plant in Jasper, Missouri sued International Flavors and Fragrances for severe lung injuries. Two additional verdicts of $15 million and $2.7 million were obtained before all the cases from the Jasper plant were settled.
This is the third known popcorn lung case filed by a consumer. National news was made when Wayne Watson from Denver, Colorado filed suit in federal court for similar injuries. Last September, Larry Newkirk of Spokane, Washington became the second consumer diagnosed with bronchiolitis obliterans. Like Wayne Watson, Larry Newkirk became sick after eating 4 to 6 bags of buttery microwave popcorn a day for several years. “Eating the popcorn is not the problem,” said Scott Weinstein, of Morgan & Morgan, P.A., Khoury’s attorney. “It is inhaling the butter vapors when the bag is opened that is causing the lung problems.”
Bronchiolitis obliterans is a disease that can be caused by breathing microwave butter flavor. The chemical in the butter flavor, diacetyl, is a ketone. This ketone damages lung tissue and causes permanent non-reversible damage. The major microwave popcorn companies recently began marketing diacetyl-free microwave popcorn. “The problem is that nobody knows what kind of chemicals are in the replacement product,” said Weinstein.
Some of the patients suffering from this condition have been placed on lung transplant lists. At least one has had a lung transplant. “These problems were predictable and avoidable,” said Scott Weinstein. “The R & D workers at the Jasper popcorn plant were found to suffer from bronchiolitis obliterans at a very high rate. Their only job was to pop popcorn in microwave ovens.”
Unfortunately, the problem appears to be increasing. “We get a lot of calls from consumers,” said Weinstein. The firm currently represents thousands of consumers who suffered food-borne illnesses nationwide.
About Morgan & Morgan
Morgan & Morgan is one of the largest Personal Injury law firms in the country with offices nationwide. The firm handles cases against drug and medical device manufacturers, as well as food poisoning and consumer fraud cases. Visit http://www.forthepeople.com for a free case evaluation and information about your legal rights.
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