October 17, 2019

By: Michael Preciado

“The vape industry will soon be under attack. With a flurry of illnesses and deaths across the nation, and with cities and states banning vape products outright, it is only a matter of time before plaintiffs attorneys file thousands of lawsuits.

People are becoming seriously ill from an unknown vape-related lung disease. Investigators believe the cause may be black-market e-liquid containing vitamin E acetate, a hazardous substance when consumed as an aerosol.

Yet, while these lung injuries are likely caused by black-market e-liquid, you can surely expect plaintiffs to sue all applicable vape manufacturers under a theory of strict products liability — for their alleged failure to warn about the dangers associated with another manufacturer’s e-liquid solution.

Given the above, this article presents the following question of California law: Can a vape pen manufacturer be held liable for injuries caused by another manufacturer’s e-liquid solution or those e-liquid solutions sold on the black market? As explained below, the answer to this question must be a resounding ‘no.'”

To view full article, click here. *subscription required