Paul L. Knobbe and Andrea M. Sciarratta in Goldberg Segalla’s Toxic Tort group explored, in an article with Law360, the litigation history surrounding diacetyl, a chemical once used liberally by the food flavorings industry, and how it may provide insight into future litigation for the vaping industry, given “vape juice” uses this same chemical.
“While the majority of diacetyl-related litigation has focused on its use in the food flavoring industries and the link to bronchiolitis obliterans, or ‘popcorn lung,’ these cases have seen a downward trend in recent years due to a combination of factors, including the reduction or elimination of diacetyl in the food flavoring industries, improved industrial hygiene best practices, and a dwindling pool of plaintiffs,” they explained when discussing the history of diacetyl litigation.
The attorneys also explained how that history could impact future vaping litigation. “Given the already established links between exposure to diacetyl vapors in industrial settings, it would not be a stretch to apply the same medicine and litigation strategy utilized in food flavoring cases to diacetyl-related vaping cases, should they start to emerge.”
“Vaping-Linked Lung Issues May Ignite More Diacetyl Litigation,” Law360, May 17, 2022
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