Source | The Joplin Globe
By Joe Hadsall
Eric Peoples is feeling better these days. The 35-year-old Carthage resident suffers from bronchiolitis obliterans, an obstructive lung disease.
But his condition has improved. His doctors say he is up to 20 percent lung capacity, and he has been removed from the transplant list.
Peoples won a lawsuit in March 2004 against the makers of a chemical used at Jasper Popcorn Co. He alleged that his work — mixing oil containing diacetyl — caused the bronchial ailment, also known as popcorn lung.
He and others are happy to hear that Pop Weaver, Orville Redenbacher, Act II, Pop Secret and Jolly Time microwave popcorn will be made without the chemical in the future.
“It’s good to see,” Peoples said Wednesday, speaking in a gravely voice because of his condition. “I’m pleased to see Pop Weaver was the leader in doing what needed to be done years ago.”
Last week, Weaver Popcorn Co. announced that it would no longer use diacetyl to flavor its Pop Weaver brand popcorn.
ConAgra Foods Inc., General Mills Inc. and American Pop Corn Co. followed suit Wednesday, saying their brands will use a substitute.
ConAgra makes Orville Redenbacher and Act II popcorn. General Mills sells but doesn’t make Pop Secret popcorn. American Pop Corn makes Jolly Time.
ConAgra is the nation’s largest popcorn manufacturer. Company spokeswoman Stephanie Childs said the company has no timeline for removing the ingredient, but she said it should be completely phased out within a year.
“This decision reflects two concerns of ours,” Childs said. “We want to provide our employees the safest workplace possible, and we want to address consumer concerns of the perceived risks.”
She said the change will not affect the company’s popular stovetop popcorn, Jiffy Pop, because it contains natural butter instead of the chemical.
A spokesman for General Mills said it plans to phase out diacetyl “soon.” A spokeswoman for American Pop Corn said the company has been working on a new recipe without diacetyl for several months, and that the change will be complete within 90 days.
One company that hasn’t switched is Gilster-Mary Lee Corp., which owns Jasper Popcorn Co.
Tom Welge, vice president of sales for the company, said the company may eliminate the ingredient in the future, but he did not say when.
“There is a general trend we have observed in the industry moving toward those types of flavors,” Welge said. “If the industry moves that way, we’ll certainly follow.”
More than 40 former employees and nearby residents are suing the makers of diacetyl used at the Jasper plant, alleging that the chemical caused the rare lung disease.
Forty-three other people filed lawsuits in 2004 alleging the same thing. Many of those, including Peoples and Carthage resident Angela Nally, won verdicts or reached settlements.
“Really, it’s sad that this has happened to so many people,” Nally said. “It’s hard for me to believe that I got sick from it, and I worked there only eight months.”
The plaintiffs’ attorney, Ken McClain, said the manufacturers’ decision should provide further incentive to stop using the chemical. He said the switch may affect his legal strategies.
“We are still trying to evaluate what impact this has on our case,” he said.
The decision to stop using diacetyl also pleased Jackie Nowell, a safety and health officer for the Food and Commercial Workers union.
“Anything that happens now will be very public and will increase pressure (on the manufacturers),” Nowell said. “We know there are substitutes and that there is no reason to use diacetyl.”
Consumer threat?
ConAgra’s decision came a day after a pulmonary specialist at Denver’s National Jewish Medical and Research Center said a consumer contracted the disease. The consumer popped several bags a day for several years.
Nally said the thought of somebody contracting the condition at home frightens her.
“It scares me, but it doesn’t really surprise me,” she said. “If something is that strong, why wouldn’t it be in the steam that comes out when you open a bag?”
Childs, the ConAgra spokeswoman, said the company is eliminating the chemical for the safety of its workers. She said diacetyl does not threaten anyone cooking popcorn at home.
“We’ve made the decision based on the knowledge for the potential risk to our employees,” she said. “We’re fully confident that microwave popcorn is safe for consumers in the home.”
McClain said the Colorado discovery also affects his clients’ case.
“That man made popcorn several times a day,” McClain said. “That’s just like several of the plaintiffs, who worked in quality control. Their only job is to pop popcorn, which is at a larger volume than the normal consumer.”
McClain and Nowell also continued their criticism of the U.S. Environmental Protection Agency for not releasing the results of a study on the issue.
“We have been very displeased with the Bush administration’s failure to release the study,” McClain said. “They have withheld the results, apparently because it is bad news for the butter-flavor industry.”
Suzanne Ackerman, a spokeswoman for the EPA, said the agency plans to release the results this month.
Ackerman said the study, “Emissions from Cooking Microwave Popcorn,” looks only at what chemicals may be emitted when popcorn is microwaved. It does not deal with any health effects, she said.
“Emissions testing is only a first step toward determining if health testing needs to be done,” Ackerman said. “Whether they have a health effect or not at that level is for somebody else to research.”
The study already has been released to popcorn manufacturers, Ackerman said, so they could ensure that no competitive secrets were revealed.
Staff writer Greg Grisolano and the Associated Press contributed to this report.
Market share
ConAgra Foods, General Mills and American Pop Corn accounted for more than 80 percent of the market for microwave popcorn over the past 12 months, according to the research firm Information Resources Inc.
The popcorn makers said consumers who are worried about diacetyl can buy varieties of microwave popcorn that are not butter flavored because those products don’t contain diacetyl.