This is not as simple as who is liable honestly, and I'm not a lawyer, either. It's sort of difficult to address because it is a new vaper/newer powerful equipment question. Due diligence to an experienced vaper is not the same as due diligence for a new vaper. Some of what is being discussed is absolutely meaningless to a new vaper, and if they enter a specialized store and get a huge box mod and terrible rewrapped batteries, I am going to have to say that I am kind of on the side of the new vaper in that situation. It's unfortunate however, because the folks most in need of education often times are not going to go research vaping. I for sure didn't, and I will say for SURE like the vape shop I went to early in the gams SHOWED me a bunch of the ins and outs of vaping. Battery safety was NOT a topic, because they were those tiny NJoy dripper things. I never got a removable battery until right before I joined here, and I'm pretty sure I used and abused my "internal battery" any old which way, but it also was less powerful, more stable etc.
My son (who as at the age he is, researched vaping online prior to buying online, because he was aware that it was also cheaper to buy online, because heck, he is a teenager, made sure I had safe equipment and legitimate batteries for my needs. Prior to that time, he would routinely, horrifiedly look at my coils and tell me they needed to be changed. And I was like, Yeah, whatever because I was dual using.
Was that on me? Yes, to an extent. I didn't really "investigate vaping" I didn't really "value vaping" and it was my choice to take those risks. Frankly it didn't even much occur to me as long as my vape was working.
With the advent of more and more choice, new vapers are being given more and more powerful equipment and more and more frequently. If they are given unsafe batteries or not taught to use them, it may not even OCCUR to them it's a problem until it's too late.
As to who is "at fault" IDK if a legal argument of "mislabeled specs" and "rewrap" how far that will go. I will say in the US that yes, everyone to the top of the chain will be included in the suit, the lawyer is going to look for a ..... in the armor, so to speak, SOMEWHERE along the chain. They may or may not find one but for sure they are going to try.
I will say this, to me the argument is more of a moral one than a legal one and it would be kind of nice if there were a MORAL push to vape stores to NOT sell fake batteries and to get educated on battery safety. Really,. I mean.... Vape owners are taking the quick buck over the long term issue. Okay, so they make 3 dollars more per ignorant sale of battery and that "works" for their bottom line, until one blows up and then well, it no longer "works" for vaping generally to have lawsuits all over concerning battery safety, and vaping gets a bad rap. Unfortunately, given today's vaping climate I see more and more vape stores looking for that quick profit margin and not educating consumers. Also if cosmetologists have to have a "license" to cut hair, I see no reason (although I am not always the BIGGEST fan of licensure) why vape shops can't.
Licensure provides a structure and a process of minimum education on the SELLER or OFFERER of services side, and if I, for example,. were to exercise my learned and honed skills outside the boundaries of my profession and scope, or inappropriately, I am by definition liable and I will have various sorts of remediation to do, and/or have my license revoked due to the serious nature of my offense.
The bottom line is the FDA could focus on THAT. The could approach vape selling as a profession, a licensed occupation if they so chose. They could make money on having a licensing board, create jobs ,and legitimize vaping and make EVERYONE safer.
But, not they want to kill the Juul and flavors. Perhaps they will kill off batteries while they are at it, but on their time frame. They don't care yet.
It is unreasonable to assume that all people or all vape owners are moral. One of the most terrifying days of my life was attending a board hearing for Social Work and SEEING and HEARING what some of them got up to, like ONE DUDE worked for CPS and like, promised a mom she could have her kid back in return for sex and THEN IT DID NOT HAPPEN.
He was not even SANCTIONED at that time it took the board time to catch up to him because he moved about. If folks like that are in the helping profession (and they are, a select few of them) expecting vape shop owners to care about their customers ON THEIR OWN seems slightly unrealistic. To me.
Anna