CALIFORNIA: A California jury has awarded $25 million, to a U.S. man who said he developed a chronic lung disease after years of using a butter flavored version of PAM cooking spray. The verdict was returned Feb. 4 in Los Angeles County Superior Court in a case involving Conagra Brands, the maker of PAM, and claims that inhalation of cooking spray fumes containing a butter flavoring chemical contributed to his illness.
Jurors found Roland Esparza suffered bronchiolitis obliterans, sometimes called “popcorn lung,” and concluded the PAM butter flavored cooking spray failed to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable way. The jury also found consumers would not have recognized the potential risks and that Conagra failed to adequately warn or instruct users, with that lack of warning deemed a substantial factor in causing harm.
The award was for non economic damages related to Esparza’s bronchiolitis obliterans, covering past and future pain and suffering and related impacts listed on the verdict form, and it assigned 100% responsibility to Conagra and 0% to Esparza. The jury also rejected Conagra’s claim that Esparza’s own negligence contributed to his harm. No punitive damages were included in the jury’s damages entry on the verdict form.
Court filings show Esparza’s lawsuit grew out of long term use allegations involving PAM butter flavored cooking spray, with claims that exposure occurred when spray was used while cooking on a stovetop. The case caption lists The Vons Companies as a defendant, and reporting on the court matter says Esparza originally sued Vons in September 2020 before later adding Conagra. The verdict form reflects findings focused on Conagra’s product design and warning duties for PAM butter flavored cooking spray.
Diacetyl and “popcorn lung”
Bronchiolitis obliterans is a serious obstructive lung condition involving damage and scarring of the small airways, and it has been associated in public health investigations with inhalation exposure to certain flavoring chemicals in occupational settings. Diacetyl is a butter flavoring compound that has been cited by U.S. health and workplace safety authorities in discussions of flavoring related lung disease, including cases that led to the “popcorn lung” nickname after outbreaks among some workers exposed to butter flavorings.
In a statement issued after the verdict, Conagra said it disagreed with the jury’s decision and said PAM Butter Flavor cooking spray is safe and has been diacetyl free for nearly two decades. Reporting tied to the trial also cites Conagra’s position that diacetyl was removed from its PAM spray formulas in 2009. The company said it intends to pursue available legal avenues to contest the verdict, without providing further details in the statement.
Insurance dispute follows verdict
Days after the jury decision, Conagra filed a separate lawsuit against Travelers Property Casualty Co. of America and Westchester Fire Insurance Co. seeking coverage tied to the defense of the Esparza case. The filing alleges the insurers have contractual obligations to fund their shares of Conagra’s defense and related costs, and it cites defense expenses that had reached about $850,000 as of the day the verdict was returned, according to reporting on the insurance action.
The Feb. 4 verdict centers on the jury’s findings that the PAM butter flavored cooking spray’s performance and warnings were inadequate under the legal standards presented at trial and that those failures were a substantial factor in causing Esparza’s bronchiolitis obliterans. The $25 million award, adds to continuing litigation in U.S. courts over claims that inhaled exposure to certain consumer product chemicals can contribute to severe respiratory injury when used over long periods. – By Content Syndication Services.