A California civil jury has awarded $25 million to Ronald Esparza after finding Conagra Brands liable for causing his debilitating lung disease, bronchiolitis obliterans, linked to the company’s PAM butter-flavored cooking spray. The verdict comes after several weeks of testimony in Los Angeles County Superior Court.
The jury unanimously determined that Conagra’s negligence in the design of its PAM products was a substantial factor in causing Esparza’s condition. The panel also concluded the cooking spray failed to perform safely as expected by an ordinary consumer and that Conagra failed to adequately warn users about the risks associated with diacetyl, a chemical added to the butter flavoring.
The verdict, delivered after roughly an hour and a half of deliberation, marks nearly six years since Esparza filed his original product liability lawsuit. His claims initially targeted Vons Cos. Inc., citing manufacturing defects, design flaws, negligence, failure to warn, and breach of implied warranties. The lawsuit was later amended in 2022 to include other companies, including Conagra. Throughout the case, some defendants either settled or were dismissed.
Esparza claimed that the PAM sprays contained both natural and artificial butter flavorings designed to provide a buttery taste and aroma. However, the sprays also contained diacetyl, a chemical that can become hazardous when aerosolized and heated. According to medical studies, inhaling diacetyl can cause severe respiratory issues, including bronchiolitis obliterans, sometimes referred to as “popcorn lung.”
Esparza reportedly used the PAM spray multiple times a day on heated frying pans in his home kitchen, which became the basis for the jury’s consideration. The trial ultimately focused on Conagra as the remaining defendant.
Conagra had filed a motion for a directed verdict, arguing that Esparza failed to present sufficient evidence that diacetyl levels from normal home use could cause the disease. The company also cited internal testing from 2007 showing only trace concentrations of diacetyl in the sprays. Conagra emphasized that the U.S. Food and Drug Administration recognized diacetyl as safe for food use and pointed to the lack of scientific studies linking typical consumer use of PAM to lung injury.
Conagra additionally noted that Esparza is the only person to claim the spray caused his illness and highlighted other potential causes of his bronchiolitis obliterans, including medical history factors. By 2009, Conagra had already reformulated the sprays to remove diacetyl as suppliers phased out the ingredient, and the company claimed it had no prior knowledge of risks from small consumer exposures.
Esparza opposed the motion, urging the court to let the jury determine the case, pointing to evidence that repeated inhalation of aerosolized PAM could be a substantial contributing factor. He emphasized that internal company documents from as early as 2004 required employees to use breathing protection when handling the spray due to diacetyl hazards.
“The jury saw through decades of corporate wrongdoing and awarded the largest consumer verdict ever in a diacetyl lung injury case, more than triple the previous record and the first of its kind against Conagra for a consumer product,” said Esparza’s attorneys Jacob Plattenberger and Alan Holcomb of TorHoerman Law. “No individual or family using PAM in their own kitchens should ever have to sacrifice their health for corporate profits, especially without proper warning of the product’s dangers.”
Conagra issued a statement expressing disagreement with the verdict: “We disagree with and are disappointed with the jury’s verdict. PAM Butter Flavor cooking spray is safe and has been diacetyl-free for nearly two decades. We intend to pursue all available legal avenues to contest the verdict.”
Esparza now faces a challenging prognosis, reportedly requiring a double lung transplant due to the severity of his condition.
Case Reference: Roland Esparza v. Conagra Brands Inc. et al., Case No. 20STCV37014, Superior Court of California, County of Los Angeles.
