Diacetyl, 2,4-butanedione, biacetyl, microwave popcorn, Flavor & Fragrance Lawsuits, bronchiolitis obliterans, BO, Chronic lung diseases, Hypersensitivity pneumonitis, Granulomatous disease, Emphysema, Asthma, Interstitial lung disease, Cancer, Eye and skin irritation, cinnabuter, NIOSH, 2,3 pentanedione, chewing gum, Givauden, Firmenich, International Flavors and Fragarences, IFF, Symrise, Tagassago, MANE USA, Frutaron, Robertet, Advanced Biotech, Agilex, Allen Flavors, Inc., Brand Aromatics, N A new wave of occupational litigation - Flavor & Fragrance Lawsuits
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November 26, 2016 8:46 AM
A new wave of occupational litigation - Flavor & Fragrance Lawsuits

A new wave of flavor and fragrance (Diacetyl) litigation is now emerging against the manufactures and suppliers of food flavorings for a chronic lung disease, bronchiolitis obliterans (BO), and other illnesses, resulting from worker exposures. The litigation results from the insidious return of Diacetyl (2,4-butanedione and biacetyl), as well as 2,3 pentanedione, into foods as artificial flavorings to alter the taste and aroma of products.

History
Historically, the litigation had its genesis in the manufacturing of microwave popcorn, where exposed to workers suffered lung illness. Most manufacturers removed the product in 2007 as a result of adverse public pressure.

Lack of Regulation
At present there is no formal regulatory to mandate an exposure limit. The National Institute for Occupational Safety and Health [NIOSH] and  the American Conference of Governmental Industrial Hygienists [ACGIH] have recommended exposure limits for both Diacetyl and 2,3 pentanedione, not exceed 1 to 25 ppb.

Diseases Caused by Exposure
Chronic lung diseases

Hypersensitivity pneumonitis
Granulomatous disease

Emphysema
Asthma
Interstitial lung disease
Eye and skin irritation

Bronchiolitis Obliterans

Symptoms
Chronic shortness of breath with exertion
Coughing
Wheezing
Myalgia
Fevers
Night sweets

NIOSH
In 1985 NIOSH investigated the report of two food workers with bronchiolitis obliterans who were employed manufacturing “cinnabuter.” In 2000 NIOSH investigated the occupational exposure of 8 microwave popcorn workers in Jasper, Missouri, who suffered from bronchiolitis obliterans. NIOSH published a 
Health Hazard Evaluation and confirmed the causal relationship between Diacetyl and the medical condition of the ill workers, bronchiolitis obliterans.

NIOSH has identified the potential hazard to workers exposed to Diacetyl and its potential causal relation to chronic lung disease, bronchiolitis obliterans, in the following manufacturing facilities:
-Diacetyl manufacturing plants,
-Snack food plants,
-Dairy plants,
-Confection plants, refrigerated job plans,
-Cooking oil use,

-Pet food plants, and coffee roasting plants.

NIOSH and others have reported that exposure to Diacetyl causes not only bronchiolitis obliterans. but other chronic lung diseases, such as hypersensitivity pneumonitis, granulomatosus disease, emphysema, asthma and interstitial lung disease. As result of the reaction that occurs in the human body, some individuals exposed that suffer from eye and skin irritation as a pre-cursor to chronic lung disease.

NEW JERSEY
In New Jersey it is alleged that some companies that manufacture flavor mixes (e.g., butter flavors) and raw ingredients (e.g., Diacetyl; 2,3 pentanedione) may have workers who are and have been occasional exposed. Cases are already in litigation on behalf of these workers.

Flavoring Manufacturers (Large Suppliers)
-Givaudan: East Hanover New Jersey, Mount Olive New Jersey
-Firmenich: Plainsboro New Jersey, Newark New Jersey
-International Flavors and Fragrances (IFF): Hazlet New Jersey, South Brunswick New Jersey, Union Beach New Jersey
-Symrise: Teterboro New Jersey, Branchburg New Jersey
-Takasago: Teterboro New Jersey, Rockleigh New Jersey
-MANE USA: Wayne New Jersey
-Frutaron: North Bergen New Jersey, Branchburg New Jersey
-Robertet SA: Piscataway New Jersey, Mount Olive New Jersey

Flavoring Manufacturers (Other Suppliers)
-Advanced Biotech: Totowa New Jersey
-Agilex Flavors & Fragrance, Inc.: Branchburg New Jersey
-Allen Flavors, Inc.: Edison New Jersey
-Bell Flavor & Fragrances: Paramus New Jersey
-Brand Aromatics: Lakewood New Jersey
-Dragoco Inc: Totowa, New Jersey
-Eastcoast Flavors, Inc.: Carlstad New Jersey
-Elan Chemical Co.: Newark New Jersey
-Flavored Dynamics: South Plainfield New Jersey
-Foote & Jenks Corporation: Camden New Jersey
-General Spice/Genarom Int’l: South Plainfield New Jersey
-Hagen Flavor Technologies: Branchburg New Jersey
-H & R Forasynth: Teterboro New Jersey
-J. Manheimer Inc.: Teterboro New Jersey
-Mastertaste: Clark New Jersey
-Medallion: Pompton Plains New Jersey

-Natural Flavors Inc.: Newark New Jersey
-Noville, Inc.: South Hackensack New Jersey
-O’Laughlin: Springfield Township New Jersey
-Pena Int’l Corp.: Livingston New Jersey
-Polarome (Now Emoral): Jersey City New Jersey
-Puratos Corp.: Pennsauken New Jersey
-Robertet, Inc.: Oakland New Jersey
-Ungerer & Co., Lincoln Park New Jersey
-Whittle & Mutch, Inc.: Mount Laurel New Jersey

Snack Foods:
-Hostess Brands: Blue Anchor New Jersey
-General Mills: Vineland New Jersey

Click here to contact us for further information or to discuss a potential claim.

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related Articles:

2017
Ex-Chewing Gum Factory Workers Claim Flavoring Chemicals Caused Severe Health Problems 10/3/17

2016
Workers and diacetyl: 5 things you need to know 11/26/16
Food Flavorings Causing Respiratory Illness in Production Workers 10/31/16
CDC calls for protections for coffee workers, others in food industry
10/31/16
E-cigarettes emit a range of harmful chemicals, some known human carcinogens 8/26/16
Emissions from Electronic Cigarettes: Key Parameters Affecting The Release of Harmful Chemicals
 7/27/16
Diacetyl Workplace Exposure Concerns (A Youtube Video)
5/24/16
Troubled food-additives maker ending local operations
4/7/16
CDC tests at coffee plant find high levels of dangerous chemical
4/7/16
Coffee-bean fumes deemed hazardous to your health
4/7/16
On the label: Preservatives Lurking in Your Food
2/21/2016

2015
Danger Brewing for Coffee Roasters
12/30/15
Flavoring Chemical in e-Cigarettes: Diacetyl, 2,3 Pentanedione (EHS) 1
2/16/15
Flavoring chemicals linked to occupational illnesss found in e-cigarettes 12/16/15
Most e-cigarette flavours contain diacetly linked to lung disease 12/9/2015
OSHA fines NJ company for exposing workers to diacetyl 12/3/15
California Company Sued Over Chemicals in e-Cigarettes 11/17/15
CDC-Flavors Related Lung Disease
CDC Finds Mounting Evidence of Risk to Coffee Workers 11/3/2015
CDC Warns Coffee Roasters pf Hazardous Chemicals
10/2/2015
Gasping for Action: Diacetyland the Flavoring Industry 2/14/2015

2013
MMWR: Obilterative Broncholitis in Workers in a Coffee-Processing Facility--Texas, 2008-2012
4/26/13
OSHA fines Newark food-flavoring company over workplace chemical exposure 4/8/13

2011
NIOSH to Propose New Criteria for Diacetyl Exposure
8/18/11

2008
CDC Diacetyl and Food Flavorings 11/10/2008
 

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