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85 Def. Counsel J. 1 (2018)
Cigarettes and Coffee: Do Newly-Discovered Sources of Diacetyl Spell the End of Popcorn Lung Litigation or the Beginning of a New Phase

handle is hein.journals/defcon85 and id is 45 raw text is: Cigarettes and Coffee: Do Newly- Discovered Sources of Diacetyl Spell the End of Popcorn Lung Litigation or the Beginning of a New Phase? By: George R. Talarico' George Talarico is the Office Managing Partner of Locke Lord's Morristown, New Jersey office. He has a broad range of experience representing clients in commercial litigation including toxic torts, products liability, environmental issues and commercial disputes. He serves as national counsel for the defense of products liability actions and has been selected to serve as an arbitrator in high profile environmental and product liability disputes. IACETYL seemed destined to be the next big thing in toxic tort litigation. With a scary sounding scientific name, an incurable signature disease, and deep-pocketed defendants, it appeared to be the perfect foil. However, after some initial successes over a decade ago, the litigation has failed to deliver as the plaintiffs' tort bar had hoped. Recently, though, there have been several developments, including further testing that indicates diacetyl exposure in excess of proposed OSHA standards is not limited to those working in popcorn flavoring plants. It remains to be seen if these new findings will either: (i) increase the focus and viability of diacetyl litigation; or (ii) further weaken the shaky science behind injurious diacetyl exposure by introducing some logic to the 1 The author would like to acknowledge Patrick Gilmartin, Counsel, and Aileen McTiernan, Associate in the Locke Lord LLP New Jersey Office who greatly assisted in the preparation of this article.

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