AG Jackson Files Amicus Brief to Protect NC Consumers from Counterfeit Vape Products
Summary
North Carolina Attorney General Jeff Jackson filed an amicus brief on April 6, 2026, urging the NC Supreme Court to hear the case of Stephen Weaver, who suffered permanent injuries when a counterfeit battery in his vape exploded. A Court of Appeals decision previously barred Weaver's claims against the vape shop and distributor. The AG argues the ruling would shield retailers who recklessly sell defective vape products from liability.
What changed
The NC Attorney General filed an amicus brief supporting Stephen Weaver, who seeks damages after a counterfeit vape battery exploded, causing permanent injuries. A Court of Appeals ruling previously barred Weaver's claims against the vape shop and distributor who sold the defective product without verifying safety or warning consumers. The AG argues this ruling creates improper incentives for shops to sell dangerous, substandard products.
Vape retailers and distributors should monitor this case closely. A decision by the NC Supreme Court to hear the case could establish important precedent regarding liability for counterfeit products. The AG's office has signaled continued aggressive consumer protection enforcement, having previously won a $47.8M judgment against Juul and taken action against Shopify for illegal e-cigarette sales.
What to do next
- Monitor for NC Supreme Court decision on whether to hear the case
- Review product liability exposure for selling counterfeit or substandard batteries in vape products
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Attorney General Jeff Jackson Urges NC Supreme Court to Protect North Carolinians from Counterfeit Vape Products
FOR IMMEDIATE RELEASE
Monday, April 6, 2026
Contact: comms@ncdoj.gov
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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