IBJNews

Sensient settles over use of 'popcorn lung' chemical

Back to TopCommentsE-mailPrint

Locally based 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

  • exactly...
    this is how multi-million $$$ corporations actually harm and KILL workers and consumers with their chemical-laden poison that they sell as food...does anyone think humans 'consumed' these toxic chemicals 100 years ago? basically a corporation has a free license to kill, maim, steal as long as they profit from it!
  • absurd
    This is how billion dollar companies roll right over the common worker and the health and well being of people. Those $300,000 in fines were for multiple 'knowing violations', meaning they knew they were breaking the law and putting workers in jeopardy but did it anyway. So, now it's okay and forget about the fines and wrongdoing??? Absurd. Whoever made that deal should be fired.

    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 IBJ 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
    ADVERTISEMENT

    facebook - twitter on Facebook & Twitter

    Follow on TwitterFollow IBJ on Facebook:
    Follow on TwitterFollow IBJ's Tweets on these topics:
     
    Subscribe to IBJ
    1. So the Mayor adds another non value added layer to having a vehicle towed? Whereby the City Government RECIEVES AN ILLEGAL KICKBACK FROM A LGOISTICS COMPANY THAT SUBS THE WORK TO LOCAL TOW COMPANIES? What is the service the City performs for receiving the "tribute"? This is RICO!!!!! What a corrupt and unnecessary layer. What a dirtbag Mayor and his cronies.

    2. Owner occupied housing. Clear enough?

    3. So people think I am paranoid. It's from experience in dealing with puds requested by developers who make major donations themselves to representatives, have nice fund raisers for those running for office and hide through pac's. then there are the public relation firms. You will note some pr comments below. You there Clyde Lee? My opinion. Commercial along 421, great. Multifamily housing, terrible idea that will change the town. Senior condos or zero lot line homes west, great. I suggest keeping all entries to commercial areas at 421. All entries to owner occupied on sycamore. Will keep the traffic on sycamore down some. Two other things. You can't trust what will be there in 10 years. Steve builds quality stuff, but areas change over time. Look at the changes at the wall mart center at 86th and 421 over the last 10 years. Look at the apartments and neighborhoods behind St Vincent's. Raintree properties WILL decrease in value if commercial and multifamily goes in near. It has already been happening around the bridges area. The houses that have been sold recently are way below market. Several deals not closed due to the Illinois construction and the whole unsurety of the bridges. It's pretty simple, Zionsville will approve the whole thing because the city council has been groomed over a LONG period of time for this. I might even suggest some are in their position as a result of this.

    4. Esta, do you have a dog in this fight? You seem to really want to knock anyone against this project. No, I didn't move to Indiana for the architecture. I moved here for that red barn in the field. The horses and fields of corn. A place that is NOT overdeveloped. There are plenty of nearby places in Indianapolis that could be REDEVELOPED instead.

    5. RKW - OK, we get it, you're paranoid. The question is, are you paranoid enough? Greg - Yes, Pittman(s) is (are) at it again. They are developers, they build things. It's what they do. So when you go to work tomorrow, Greg, you're at it again too. Cliff - Really? You moved to Indiana for its progressive architecture? That's like moving to England for the cuisine. Zionsvillain - The house you moved to was once a field or woods. I'm willing to bet folks were upset when that ground was plowed under and a house was built. But I guess now that you are in, everything should stop? "My house was OK, but the next one is sprawl." SE Guy - Please don't paint us with such a wide brush. Most reasonable Zionsville residents welcome planned, measured development.

    ADVERTISEMENT