Federal court permits employees to sue Givaudan for diacetyl exposure

The Seventh Circuit Court of Appeals has ruled that the manufacturer of diacetyl is not insulated from a lawsuit by exposed workers merely because their employer failed to warn them of the hazards of the substance.

Approximately 20 employees of ConAgra Brands (Orville Redenbacher microwave popcorn plant) who were employed in Indiana. The workers developed a disease known as “popcorn lung,” an inflammatory lung disease known as bronchitis obliterans. The court declined to accept the defense of Givaudan Flavors Corp., the manufacturer, who alleged that the employer was a sophisticated user and should have been responsible to warm the employees of the hazard of the diacetyl.