For years, vaping was marketed as the “safer” alternative to cigarettes—sleek devices, modern branding, fruity flavors, and the promise of reduced harm. But behind the glossy marketing lies a growing body of evidence that certain flavoring chemicals used in vape liquids can cause devastating respiratory injuries. One of the most alarming conditions linked to vaping is bronchiolitis obliterans, more commonly known as “popcorn lung.”
At Alan Ripka & Associates, we’ve worked with clients who trusted that flavored vaping products were harmless. Instead, they developed serious breathing issues, chronic coughing, and long-term lung damage. This blog explains the science, the legal implications, and what rights you may have if you believe vaping chemicals harmed you.
What Exactly Is “Popcorn Lung”?
Bronchiolitis obliterans is a rare but severe respiratory condition involving inflammation and scarring of the lung’s smallest airways. As scar tissue builds up, air has difficulty passing through, leading to:
Persistent coughing
Shortness of breath
Wheezing that resembles asthma
Reduced exercise tolerance
Long-term respiratory decline
The condition earned its unusual nickname when workers in microwave popcorn factories were diagnosed after inhaling a flavoring chemical called diacetyl, commonly used to create buttery or sweet aromas.
When studies later revealed that diacetyl—and similar compounds—were being used in vape liquids, the medical and legal communities became alarmed. Users inhaled these chemicals directly into the lungs, bypassing many of the natural filtration systems of the respiratory tract.
Why Are Vape Flavoring Chemicals So Dangerous?
Vape companies frequently use food-grade flavorings, marketing them as safe because they are FDA-approved for consumption. But a chemical that is safe to swallow is not automatically safe to inhale. That key distinction sits at the center of many lawsuits.
The biggest concerns include:
Diacetyl
Used to produce buttery, creamy, or candy-like flavors. Strongly linked to popcorn lung.
Acetyl propionyl (2,3-pentanedione)
A diacetyl substitute that may be equally harmful to lung tissue.
Acetoin
Often used in conjunction with diacetyl, potentially increasing toxicity.
These chemicals can irritate and permanently damage the bronchioles when inhaled, especially in concentrated vaporized form. Studies have shown that certain vape liquids contain higher levels of diacetyl than those found in the popcorn factories where workers became sick.
Vape Companies Have Faced Increasing Scrutiny
As vaping injuries became more prevalent, manufacturers began distancing themselves from responsibility—claiming users assumed the risks or that third-party vendors supplied unsafe liquids. But legal investigations often tell a different story.
Courts are now examining:
- Whether companies disclosed the use of diacetyl or similar compounds
- Whether marketing targeted teens or inexperienced consumers
- Whether the risks were adequately tested
- Whether products complied with FDA regulations
- Whether labels were accurate or intentionally vague
This pattern of nondisclosure and misleading safety claims is at the center of numerous lawsuits across the country.
Can You Sue for Popcorn Lung Caused by Vaping?
The short answer: Yes—if negligence, product defects, or failure to warn contributed to the injury, you may have a valid claim.
These lawsuits generally fall under product liability, which includes:
Failure to Warn
If the manufacturer did not warn users that inhaling flavored vapor could cause lung damage, they may be liable.
Defective Design
If the vape product relies on chemicals known to cause respiratory harm, the design itself may be defective.
Negligent Misrepresentation
If advertising suggested the product was safe or healthier than smoking, you may argue that you relied on misleading claims.
Manufacturing Defects
If improper mixing, contamination, or unsafe concentrations of chemicals caused the injury, manufacturers and suppliers may be responsible.
Victims may pursue compensation for:
- Medical treatment
- Pulmonology evaluations
- Lost wages
- Long-term disability
- Pain and suffering
- Reduced quality of life
Because popcorn lung is permanent and progressive, damages can be significant.
Are Vape Shops or Distributors Liable?
Sometimes. Retailers may be liable if:
- They sold unregulated or mislabeled vape liquids
- They provided improper guidance
- They ignored known chemical risks
- They marketed flavors toward minors
In other cases, shops are part of a larger supply chain, making multiple parties responsible. A skilled attorney will trace liability through every level—manufacturer, importer, wholesaler, and retailer.
How Lawyers Investigate Popcorn Lung Cases
Popcorn lung claims are medically and legally complex, so attorneys must build the case from multiple angles.
At Alan Ripka & Associates, we often:
- Review medical imaging and pulmonary function tests
- Examine the vape product’s ingredients, labels, and testing records
- Investigate manufacturing and distribution chains
- Consult toxicologists and pulmonology experts
- Evaluate compliance with FDA standards
- Analyze whether the flavoring chemicals were disclosed or hidden
- Identify whether the vape liquid contained diacetyl, acetyl propionyl, or other harmful compounds
These investigations often reveal a pattern of negligence—manufacturers knowing the risks but choosing to hide them.
Common Defenses Vape Companies Attempt to Use
Manufacturers and distributors frequently try to shift blame, claiming:
“You assumed the risk.”
This defense fails if the risk was concealed or not reasonably known.
“The product is FDA compliant.”
Compliance does not eliminate liability if the design is unsafe or warnings are inadequate.
“Popcorn lung is rare.”
Rarity doesn’t excuse negligence—especially when a company knowingly exposes consumers to harmful chemicals.
“Other chemicals or behaviors caused your injury.”
Experienced attorneys rely on medical evidence to link exposure directly to the disease.
Many defendants settle once confronted with strong scientific and product evidence.
What Should You Do If You Suspect Lung Damage From Vaping?
Even if you’re not diagnosed with popcorn lung yet, early symptoms should never be ignored.
Take the following steps:
- See a pulmonologist for evaluation
- Stop using the suspected vape product
- Preserve the device, liquid, and packaging
- Document symptoms and medical visits
- Contact an attorney before speaking with insurers or manufacturers
Time matters. The sooner you take action, the easier it is to preserve evidence and strengthen your case.
Conclusion: You Don’t Have to Face Industry Giants Alone
Vaping companies built empires on promises of flavor, convenience, and “safety.” But when those choices involve flavoring chemicals capable of permanently damaging your lungs, accountability is not optional—it’s the law.
If you or someone you love is experiencing breathing problems, chronic coughing, or was diagnosed with popcorn lung after using flavored vapes, you deserve answers and compensation.
At Alan Ripka & Associates, we fight for victims harmed by dangerous consumer products. Our team will investigate the vape product, uncover the chemical risks, and hold every responsible party accountable.
📞 Call us today at (212) 661-7010 or visit AlanRipka.com to schedule your free consultation.
Your health is not disposable—and we’re here to help you protect it.
