Attorney General Jeff Jackson announced on April 6 that he is urging the North Carolina Supreme Court to consider a case involving the sale of counterfeit vape batteries, following an incident where a man suffered permanent injuries after his vape battery exploded.
The case highlights concerns about consumer safety and legal accountability for shops selling potentially dangerous vape products. Jackson said, “Allowing vape shops to put counterfeit batteries on their shelves puts North Carolinians, especially young people, in danger.” He added, “We’re asking the North Carolina Supreme Court to hear this case because we shouldn’t create an incentive for shops and suppliers to sell people dangerous, defective vape products.”
The incident at the center of the appeal involved a man named Weaver whose hand and leg were set on fire when his vape battery exploded in his pocket. According to Jackson’s amicus brief, thousands of similar explosions have been reported nationwide due to faulty batteries. The brief notes that cost-cutting by manufacturers has led some sellers to use substandard batteries.
A recent decision by the Court of Appeals prevented Weaver from pursuing claims against both the shop and distributor who sold him the defective product. If upheld, this ruling would mean other consumers injured by such products could have no legal recourse against retailers or distributors who fail to ensure product safety or warn buyers about risks.
Jackson is asking for Supreme Court review so that sellers cannot avoid responsibility for defective goods. He pointed out that North Carolina was “the first state to successfully sue e-cigarette company Juul over its advertising and sale of vapes to children,” resulting in a $47.8 million judgment. In November, he also joined other attorneys general calling on Shopify to address illegal e-cigarette sales through its platform.
The North Carolina State Executive Attorney General aims to prevent crime, assist law enforcement, protect consumers and defend state residents’ rights according to the official website. Jeff Jackson leads this office as attorney general according to the official website, which provides services including legal representation, criminal prosecution support and consumer protection according to the official website. The office’s authority extends across all of North Carolina according to the official website and includes representing state agencies in court as well as prosecuting criminal appeals according to the official website.
As efforts continue at both state and national levels regarding regulation of vaping products, observers will be watching whether this case prompts changes in how liability is determined for defective goods sold in retail stores.
