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The House of Representatives is attempting to Limit Instances of Bronchiolitis Obliterans, or “Popcorn Lung” by Passing H.B. 2693
On Wednesday, September 26, 2007, the U.S. House of Representatives passed House Resolution (H.R.) 2693 with a vote of 260 to 154. This Bill requires the Occupational Safety and Health Administration (OSHA) to set limits for exposure to diacetyl. H.R. 2693 requires OSHA to issue interim standards to prevent diacetyl exposure within ninety days and also requires OSHA to issue final standards within two years. The day before passage of the Bill, the White House indicated that it would veto any such measure as there is not sufficient evidence that Diacetyl is the cause of Bronchiolits Obliterans.
Diacetyl is a naturally occurring chemical found during fermentation processes, and is credited with giving some wines a “buttery” texture. Diacetyl is also a manufactured flavoring agent, most commonly used as an artificial butter flavoring in popcorn and margarine, and is associated with the rare lung disease bronchiolitis obliteranse, or “Popcorn Lung.” This disease causes a permanent blockage of the bronchial tubes with the only known cure being a complete lung transplant.
OSHA previously issued safety bulletins and formal guidance on the dangers of diacetyl. This guidance provides non-binding recommendations based on OSHA, the Centers for Disease Control (CDC), and the National Institute for Occupational Safety and Health (NIOSH) investigations. Should H.R. 2693 become law, these findings may be transferred into binding exposure limits. However, the Senate has not considered the bill.
The popcorn industry has already reportedly paid out over $100 million in settlements with former popcorn factory employees. In 2004, a jury awarded $20 million to Eric Peoples, a Missouri popcorn factory employee who developed the disease after years of being exposed to diacetyl manufactured by International Flavors and Fragrances, Inc. Recently, Mr. Peoples testified before the House Education and Labor Committee, where Representative Lynn Woolsey (D-CA), who sponsored the bill sits as Chairwoman of the Subcommittee on Workforce Protections.
The condition has again received national attention with the first ever consumer being diagnosed with diacetyl-induced-bronchiolitis-obliteranse. The consumer, Wayne Watson, reportedly ate approximately two full bags of microwave popcorn everyday for “at least a decade.”
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