ILNews

Sensient settles over use of 'popcorn lung' chemical

Back to TopCommentsE-mailPrintBookmark and Share

Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.

The agreement, which the state signed off on Friday, settles a federal lawsuit Sensient brought against the Indiana Occupational Safety and Health Administration over intense government scrutiny of health risks at the plant.

The flavorings manufacturer, a subsidiary of Milwaukee-based Sensient Technologies Corp., sued in December 2011 IOSHA and the National Institute for Occupational Safety and Health.

The 31-page suit, which also named three NIOSH employees and two IOSHA compliance officers, claimed Sensient had been “harassed and intimidated” and “subjected to enormous intrusions” that violated its constitutional rights.

The dispute stemmed from the company’s use of diacetyl, a compound used in microwave popcorn, margarine and other products to create a buttery taste.

Diacetyl has created a firestorm of controversy in recent years, as health regulators and scientists assess its risks. Some U.S. factory workers with prolonged exposure to diacetyl have developed a rare, life-threatening lung condition — dubbed popcorn lung — for which there is no cure.

As part of the settlement, Sensient has agreed to reduce its usage of diacetyl 20 percent and, where feasible, will eliminate its usage of the ingredient altogether by the end of this year.

“IOSHA acknowledges that the administrative and engineering controls represent a good faith effort by Sensient to reduce employee exposures and that these controls will represent a significant cost to Sensient,” IOSHA said in the settlement.

Sensient executive James McCarthy said in a November 2011 letter to NIOSH that his company already has excellent engineering controls to minimize diacetyl exposure. He said additional controls at the Indianapolis plant to meet the proposed standards would cost $4 million to $6 million.

Sensient had faced state fines totaling $323,500 for violating IOSHA standards. The amount, however, has been reduced to $99,000, according to the terms of the settlement. Sensient executives were not available for comment on Wednesday.

Sensient Flavors’ Indianapolis plant, 5600 W. Raymond St., has been in the spotlight since 2008, when the International Brotherhood of Teamsters Local 135 asked NIOSH to conduct a formal health hazard evaluation. The Teamsters represent more than 100 production and maintenance workers at the plant.

NIOSH, part of the Atlanta-based Centers for Disease Control and Prevention, still had questions after inspecting the plant in May 2008. But when it requested a second look, the company sued, arguing that no new information had emerged that would entitle it to go through the highly invasive process again.

A federal judge shot down that argument in 2009, asserting that it was premature for the company to sue NIOSH while its investigation was ongoing.

Things turned worse for Sensient the following year. In June 2010, NIOSH publicly released a health-hazard report on the Indianapolis plant that found the prevalence of abnormal lung functioning among employees was several times higher than would be expected in the overall U.S. population.

In its lawsuit filed in December 2011, Sensient said the report was “grossly inaccurate and is based upon process, methodology, findings and conclusions which amount to bad science and a clear abuse of agency discretion.”

The parties agreed to settle, recognizing that “the costs and expenses of proceeding with litigation to resolve this dispute may be substantial and that the outcome of such litigation is uncertain," according to the settlement agreement.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

ADVERTISEMENT