$25 Million Awarded to Man Who Said Pam Spray Ruined His Lungs
A California jury awarded $25 million to a man who alleged exposure to Pam cooking spray caused severe damage to his lungs.
Roland Esparza of Los Angeles sued Conagra Brands, the maker of Pam, in 2020. He claims the company negligently sold defective products that could cause exposure to dangerous chemicals.
After years of litigation, the case went to trial last month. On February 4, a jury awarded Esparza $25 million in damages. They found Conagra acted negligently and failed to warn consumers about the risks of using Pam cooking spray.
Esparza's attorneys Jacob Plattenberger and Alan Holcomb said in a statement that Esparza developed a lung condition after regularly using Pam.
"This unanimous $25 million verdict delivers long-overdue justice to Roland Esparza, once a highly active individual who now faces a double lung transplant after Conagra deceptively marketed their Pam cooking spray as safe."
Conagra Disputes the Verdict
Conagra said it intends to "pursue all available legal avenues to contest the verdict."
"We disagree with and are disappointed with the jury's verdict. Pam Butter Flavor cooking spray is safe and has been diacetyl-free for nearly two decades."
So Conagra is saying the product has been safe for almost 20 years. But Esparza's been using it since 1993.
What Esparza Alleged
Esparza's initial complaint stated he purchased Pam butter-flavored cooking spray since 1993. He used it to cook for himself two or three times a day, regularly spraying it on a frying pan while standing over the stove.
Through frequent use, Esparza alleged he was exposed to "hazardous food flavoring" chemicals, including diacetyl and acetyl propionyl.
As a result, Esparza said he suffers permanent injuries. Severe damage to the respiratory system. Extreme shortness of breath. "Significantly reduced" life expectancy. A lung condition known as bronchiolitis obliterans.
The lawsuit alleged Conagra knew of the potential harm from the chemicals and failed to protect Esparza.
Conagra claimed diacetyl was removed from Pam in 2009. They also argued Esparza's "own negligence contributed to his harm." The jury disagreed.
What Are These Chemicals
Diacetyl is a chemical used to give butter-like flavors to food products, including popcorn. Acetyl propionyl is a diacetyl substitute, according to OSHA.
Studies suggest people exposed to diacetyl—like in microwave popcorn manufacturing facilities—are likely to develop lung disease like bronchiolitis obliterans.
Diacetyl enters the body when someone breathes vapors, spray droplets, or dust containing the chemical. But risk for adverse health impacts depends on how much diacetyl they consume, according to the California Department of Health Services.
Aside from lung damage, diacetyl can sting or burn the eyes, nose, and throat or cause skin irritation. Risks can be mitigated by using respiratory protection, closed containers, and proper ventilation.
The Timeline Matters
Esparza started using Pam butter-flavored spray in 1993. Used it two to three times daily for years. Stood over the stove while spraying it. Breathed in the vapors regularly.
Conagra says they removed diacetyl from Pam in 2009. So Esparza was using the product with diacetyl from 1993 to 2009. Sixteen years of exposure before the chemical got removed.
Conagra says Pam has been diacetyl-free for nearly two decades. But that doesn't help Esparza, who used it for 16 years before diacetyl got removed. And the jury found Conagra negligent for not warning consumers about the risks during those years.
Twenty-five million dollars was awarded to the plaintiff because cooking spray damaged his lungs so badly he needs a double lung transplant. Sure, that’s a lot of money. Sadly, it means little when he has had to endure this type of suffering, including a substantial decrease in life expectancy and quality.
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