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A California jury has awarded a $25 million verdict to a man who claims he suffered severe lung damage after being exposed to Pam’s cooking spray.
Rolando Esparza of Los Angeles, California, filed a lawsuit in 2020 against Conagra Brands, the maker of Pam, alleging that the company negligently sold a defective product that could cause exposure to dangerous chemicals.
After years of litigation, the case went to trial last month. A jury on February 4 found that Conagra acted negligently and failed to warn consumers about the dangers of using Pam cooking spray, and awarded Esparza $25 million in damages, according to a Los Angeles Superior Court filing.
Esparza’s attorneys, Jacob Plattenberger and Alan Holcomb, said in a statement that Esparza developed a lung disease after regularly using Pam.
“This unanimous $25 million verdict brings long-awaited justice to Rolando Esparza, a once highly active man who is now facing a double lung transplant, after ConAgra falsely promoted its Pam cooking spray as safe,” the statement said.
ConAgra said in a statement that it intends to “pursue all available legal avenues to contest the verdict.”
“We disagree and are disappointed with the jury’s verdict. Pam Butter Flavored Cooking Spray is safe and has been diacetyl-free for nearly 20 years,” the company’s statement reads.
Pam’s Cooking Spray Contains ‘Harmful’ Chemicals, Lawsuit Claims
Esparza’s original complaint stated that starting in 1993, Esparza purchased Pam butter-flavored cooking spray and used it two or three times a day for cooking, regularly spraying it on pans while standing over the stove.
Esparza claimed that frequent use of the spray exposed her to “hazardous food flavoring” chemicals such as diacetyl and acetylpropionyl.
As a result, Esparza said she suffered permanent damage, including severe damage to her respiratory system, extreme shortness of breath, a “significant reduction” in her life expectancy and a lung disease known as bronchiolitis obliterans.
The lawsuit claims that Conagra was aware of the potential harm from the chemicals but failed to protect Esparza from them.
Esparza’s lawyer said Conagra claimed that diacetyl was removed from Pam in 2009. Conagra also alleged that Esparza’s “negligence contributed to the harm,” according to the verdict. Ultimately the jury disagreed.
What are diacetyl and acetylpropionyl?
Diacetyl is a chemical often used to impart a buttery flavor to foods such as popcorn. According to the Occupational Safety and Health Administration (OSHA), acetylpropionyl, which is mentioned in the lawsuit, is also an alternative to diacetyl.
According to OSHA, research suggests that people exposed to diacetyl, such as in microwave popcorn production facilities, are more likely to develop lung diseases such as bronchiolitis obliterans.
Diacetyl enters the body when people breathe in vapors, droplets, or dust containing the chemical. However, according to the California Department of Health Services (CDPH), a person’s risk of adverse health effects is determined by the amount of diacetyl they ingest.
In addition to lung damage, diacetyl can also sting or burn the eyes, nose, and throat, and cause dermatitis. The risk of adverse health effects can be reduced by the use of respiratory protection, closed containers, and adequate ventilation in accordance with the CDPH.
Melina Khan is USA TODAY’s national trends reporter. Contact her at melina.khan@usatoday.com.
