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.'”
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