Booze Behemoth Diageo Could Face Lawsuit After Couple Living Near Distillery Claims Whisky Fungus Has Coated Their Home

A view of the London head office of Diageo, which could face a lawsuit in relation to a whisky fungus. (Photo: Jonathan Brady/PA Wire)

Thomas and Gail Chalmers, a Scottish couple, won the right to sue Diageo over claims that “angel’s share” emissions from its Bonnybridge facilities have resulted in a black whisky fungus, staining the couple’s property.

As a result, the Chalmers claim their property value has decreased by approximately 5-10%.

The black fungus is called Baudoinia compniacensis, according to Business Insider. The sooty-looking fungus can bear a resemblance to toxic black mold and feeds off ethanol emissions from whisky distilleries.

As whisky matures in casks, ethanol vapor — colloquially known as the “angel’s share” — escapes and eventually falls back down to earth after traveling for approximately a mile.

In an Atlas Obscura article about the infamous black fungus, Dr. Richard Summerbell, an expert on Baudoinia, gave his observations on the relationship between the mold species and ethanol.

“Ethanol is like a flying sugar as far as [Baudoinia] is concerned,” Dr. Summerbell explained. “The ethanol turns on a heat-shock protein in the machinery of the Baudonia cells.”

This protein makes the mold more virulent and significantly harder to get rid of.

Residents in Tennessee, near Jack Daniel’s Distillery, and Kentucky have also expressed concern and taken legal action over the Baudoinia fungus, which appears to be increasing in severity since increased production for the spirit as demand for whiskey as a category has grown.

Lady Carmichael, the justice who granted the couple the right to sue the spirits giant, refuted the company’s action to have the case dismissed.

“The averments of damage here are sufficient to permit inquiry. They include a number of allegations about, in particular, a need to clean a property to an extent that is on the face of it much more than one would normally expect to be the case.”

Thomas Chalmers claims he is on his third powerwasher and has to paint the garden fence on a regular basis. He claims he is now physically unable to continue to work due to a back condition.

“We are disappointed in the court’s decision and are considering our options for appeal as we strongly dispute the claims made against us,” Diageo said, according to STV News.

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