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Wed December 25, 2013
US judge in Iowa dismisses `popcorn lung' lawsuit
SIOUX CITY, Iowa (AP) - A federal judge in Iowa has dismissed a Michigan couple's lawsuit that claimed butter flavorings in microwave popcorn left the husband with lung disease.
U.S. District Judge Mark Bennett ruled Tuesday that Michigan's three-year statute of limitations barred the lawsuit brought by David and Barbara Stults of Grand Rapids.
The couple had been seeking damages for negligence, breach of warranty and loss of consortium against companies that produced butter flavorings containing diacetyl. David Stults claimed that he ate microwave popcorn daily for years, but wasn't warned that it contained a hazardous chemical.
Bennett says the defendants, Bush Boake Allen, Inc. and International Flavors & Fragrances, stopped selling flavorings with diacetyl in 2005. The lawsuit was filed in 2011 and brought in Iowa because some of the popcorn was produced there.