Lawsuit over Diageo ‘whisky fungus’ progresses

Legal action against Diageo has progressed over what Scottish locals claim is a black whisky fungus that blights their homes.

Diageo could be sued by Scottish residents over what they claim is a black whisky fungus which blights their properties

According to legal representatives of homeowners living near the drinks giant’s Banbeath bottling plant, a black fungus is created during the whisky ageing process which then smothers houses and cars.

As reported in Fife Today, a test case has now been lodged by Edinburgh-based law firm Balfour + Mason at the Edinburgh Court of Session to see if legal action can proceed, giving residents the chance to win a multi-million pound settlement.

Identified by Balfour + Mason as ‘Baudoinia compniacensis’, it has been argued this black fungus is a by-product of whisky maturation, commonly known as the “angel’s share”.

However, Diageo has claimed it does not believe its vicinities are responsible for the mould.

A spokesperson for the company said: “At Diageo we are committed to maintaining the highest level of environmental standards and supporting the communities in which we operate, and we are taking this matter very seriously.

“While we are sympathetic to the concerns of the plaintiffs, the blackening of some buildings and structures is due to naturally occurring mould found widely throughout the environment, including in areas unrelated to the production of whisky.”

In 2012, a group of Louisville residents launched a lawsuit against Diageo, Brown-Forman and Heaven Hill for damaging their properties with whisky fungus produced at the groups’ Bourbon distilleries.

The US lawyer involved in the proceedings, William F. McMurry, then looked to see if the same action could be pursued against Scotch whisky distilleries in the UK.

In May this year, The Spirits Business reported that residents in Beith had objected to plans by Chivas Brothers to expand its maturation warehouses due to concerns over “angel’s share” mould.