DOJ - North Carolina Department of Justice

04/06/2026 | Press release | Archived content

Attorney General Jeff Jackson Urges NC Supreme Court to Protect North Carolinians from Counterfeit Vape Products

FOR IMMEDIATE RELEASE
Monday, April 6, 2026
Contact: [email protected]
919-538-2809

RALEIGH - Attorney General Jeff Jackson filed an amicus brief on Friday to protect North Carolina consumers from dangerous vape products. The brief was filed in support of Stephen Weaver, who was seriously injured when a counterfeit battery in his vape spontaneously exploded. Weaver is seeking damages against the vape shop that sold him the battery and the distributor that supplied the battery, which was allegedly manufactured overseas.

"Allowing vape shops to put counterfeit batteries on their shelves puts North Carolinians, especially young people, in danger" said Attorney General Jeff Jackson. "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."

Weaver was left with permanent physical injuries after the battery in his vape exploded in his pocket, setting his hand and leg on fire. As Attorney General Jackson's amicus brief notes, thousands of similar vape product explosions have been reported in the United States, often because of faulty batteries. Cost-cutting efforts have created an incentive to use substandard batteries.

However, a Court of Appeals decision barred Weaver's claims against the vape shop and distributor from proceeding, leaving him with no course of action against sellers who allegedly purchased a defective product from an unknown manufacturer without ensuring its safety or warning consumers about its risks.

Attorney General Jeff Jackson is asking the North Carolina Supreme Court to hear this case. Otherwise, the Court of Appeals ruling would leave other consumers who are injured by these dangerous vape products without any course of action and would shield shops that recklessly sell them to consumers from legal liability.

North Carolina has been leading the national fight to protect children from unregulated vape products. It was the first state to successfully sue e-cigarette company Juul over its advertising and sale of vapes to children, winning a $47.8 million judgment.

Additionally, Attorney General Jackson has previously fought to protect consumers from dangerous vape products. In November, he joined a bipartisan group of attorneys general pushing the e-commerce platform Shopify to take stronger action against the sale of illegal e-cigarettes on its website.

A copy of the amicus brief can be found here.

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