A man diagnosed with popcorn lung has filed a lawsuit against Kroger Co. and two of its divisions: grocery store King Soopers’ parent company, Dillon Companies Inc. and food distributor Inter-American Products Inc. for not warning of the risks of sniffing the “buttery aroma.”

“Kroger failed to warn that preparing microwaving popcorn in a microwave oven as intended and smelling the buttery aroma could expose the consumer to an inhalation hazard and a risk of lung injury,” said the lawsuit, which seeks unspecified damages.

Wayne Watson, from Centennial, Colorado, who reportedly ate two or three bags of microwave extra-butter-flavored popcorn each day for ten years, is the first person who does not work in the popcorn industry to develop “popcorn lung” also known as “popcorn workers lung.”

Bronchiolitis obliterans aka popcorn lung is a serious lung condition that can be life threatening. The only chance of survival in a severe case is a lung transplant. 

Diacetyl, a chemical ingredient found in the buttery flavoring of microwave popcorn, was linked to bronchiolitis obliterans, or popcorn lung, as early as 2001.

A team of Dutch researchers published a new study in the September issue of the American Journal of Respiratory and Critical Care Medicine, pointing once again to diacetyl as the chemical ingredient most likely to cause bronchiolitis obliterans.

They noted, however, that several other ingredients could also contribute to the development of the disease, such as acetoin and acetyldehyde.

After Watson was treated at the National Jewish Medical and Research Center in Denver, doctors there sent letters describing the case to four federal regulatory agencies.

Dr. Cecile Rose, director of the occupational disease clinical programs at the Center, said the man’s symptoms were initially baffling and that the diagnosis he had received was not consistent with his lifestyle and living conditions.

He presented shortness of breath and was overweight, but he did not smoke. Diagnosed with hypersensitivity pneumonitis, an inflammation of the lungs usually caused by chronic exposure to bacteria, mold or dust, the man was exposed to neither factor.

Following a hunch, Dr. Rose asked Watson if he usually ate popcorn.

“How could you possibly know that about me? I am Mr. Popcorn. I love popcorn,” he answered. In fact, he loved popcorn so much that he actually inhaled the fragrance emanating from the hot bags.

The man’s doctors subsequently measured the levels of diacetyl in his house and found they were similar to those found in microwave popcorn plants.

Dr. Rose asked him to stop eating popcorn and 6 months later, he had lost 50 pounds while his lung function had improved slightly.

“This is not a definitive causal link, but it raises a lot of questions and supports the recommendation that more work needs to be done,” Dr. Rose said at the time.

Last month, the U.S.’ four biggest makers of microwave popcorn announced they were reformulating their recipes to remove the chemical from nearly all their products.

In September, the Food & Drug Administration (FDA) announced it was investigating Watson’s case, and the revelation of his Popcorn Workers Lung diagnosis raised concerns that other consumers might be at risk for the disease.

“This is new, but not surprising. Workers at the Jasper plant whose only job was to pop microwave popcorn in the quality control department got sick, so it’s not surprising that someone like Mr. Watson could be at risk,” stated McClain’s firm – Humphrey, Farrington & McClain of Independence, Mo.

A spokesperson for Cincinnati-based Kroger said the company would not comment on lawsuits.