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5-bags a day: man says popcorn made him sick

11:29 AM PDT on Friday, September 5, 2008

SPOKANE VALLEY -- Asthma, chronic cough, emphysema, fatigue, severe lung impairment and shortness of breath are just some of the health difficulties a man says he has experienced after eating a certain brand of microwave popcorn.

AP

Now he and his wife are suing the east coast-based foodmaker and a Spokane store that sells the popcorn.

Ruth and Larry Newkirk have filed a federal lawsuit against ConAgra and Shopko stores.

ConAgra Foods, Inc., is based in Delaware.

"Plaintiff Larry Newkirk brings this cause of action to recover for personal injuries suffered as a direct and proximate result of his use of (preparing and consuming) microwave popcorn designed, developed, manufactured, tested, packaged, promoted, marketed, distributed, labeled and/or sold by the various defendants," the lawsuit reads.

Newkirk claims that beginning in the late 1980s through September last year he ate on average four to six bags of popcorn per day of the brand, "Act II Butter" or Act II Butter Lovers."

The Newkirks say the company does not warn consumers about the potential threats of eating its popcorn.

The lawsuit states that the microwave popcorn contained butter flavoring including flavoring ingredients, which: "when used as intended, were highly likely to cause and/or be a substantial contributing factor in causing the following human illnesses, injuries and conditions."

It then lists the following:

* Bronchiolitis obliterans

* Respiratory disease

* Severe impairment of lung function, and

* Other types of diseases associated with butter flavoring."

The Newkirks are requesting a jury trial in the matter.

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