RALEIGH — Attorney General Jeff Jackson filed a brief Friday asking the North Carolina Supreme Court to intervene in a Union County lawsuit involving a consumer seriously injured by a counterfeit vape battery.
The brief supports Stephen Weaver, who suffered permanent physical injuries when a vape battery spontaneously exploded in his pocket, setting his hand and leg on fire. Jackson is asking the high court to review a February Court of Appeals decision that barred Weaver’s claims against the vape shop and the product distributor.
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“Allowing vape shops to put counterfeit batteries on their shelves puts North Carolinians, especially young people, in danger,” Jackson said. “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 legal dispute revolves around a rule known as the “sealed container defense.” Typically, this law protects local shops from being sued if they sell a product in its original, closed packaging, as they wouldn’t have had a chance to inspect it.
However, Jackson argues this protection shouldn’t apply in this instance because the businesses allegedly bought their stock from unidentified overseas manufacturers and ignored clear danger signs.
According to the brief, the defendants — vape shop owner AMV Holdings, LLC and distributor Medusa Distribution, LLC — already knew these types of batteries had a history of exploding and were even aware of specific manufacturer warnings stating the batteries were not safe for vaping devices. The record also shows these same businesses have been sued multiple times in the past for selling batteries that later exploded and injured customers.
Jackson warned if the court allows this “sealed container” excuse to stand, it would essentially give a free pass to suppliers who sell cheap, dangerous goods. He argued this would encourage shops to keep selling products without warning their customers the batteries could essentially turn into “firebombs.”
North Carolina remains one of the leaders in vaping litigation, having been the first state to reach a settlement with e-cigarette company JUUL Labs, Inc. The previous case resulted in a $47.8 million consent judgment in 2021.
The North Carolina Supreme Court will now decide whether to grant the discretionary review to Weaver, allowing his claims for damages to continue toward a trial.
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