Vapouround magazine ISSUE 12 | Page 215

Fires Do Happen Don ’ t They ?

Vaping is growing rapidly . We know this to be true but as the number and selection of products expands an uncomfortable truth is emerging around the number of incidents where the lithium-ion batteries used to power the devices have failed
These battery failures have manifested as small ignitions and fires . While the numbers haven ’ t been huge , social media and news channels have not been shy at showing battery failures . A casual review of YouTube reveals multiple videos of very dramatic scenes and , as you would expect , personal injury attracts far more attention than damage to property . Damage to property , if it occurs , is mostly contained , given the proximity often of the user or other members of the public , who are able to respond quickly . Worryingly , user injury appears to happen more frequently . A sense of perspective is needed . We should distinguish the past from the present . Most of the failures in the past occurred with cigalike batteries and the mixing of USB power supplies from different manufacturers . Some units had the charger built into the battery and some in the charging unit . A bad mix had the potential to have a battery and power supply with no charging circuit in the loop to cut the power when the charge was complete . With the current range of equipment this is no longer the case . More recently , the main reason for a battery venting or going into thermal runaway has been because of unsafe transportation of battery cells and very low Ohm builds . There have also been incidents of poor battery choice for the build pushing batteries past their capability and , in a small number of cases , of an inbuilt charging circuit failing . Fires do happen . When an e-cigarette or vaping product ignites whilst being used , the user can sustain dental damage and severe burns to the mouth , hands and tongue . Idle batteries , often held in a user ’ s pocket can cause severe burns to the legs and then , as the user struggles to remove the flaming device from their pocket , burns to the hands . The media generally characterise incidents as explosions . Most often this is caused by a battery shorting to create a thermal runaway . A number of incidents are blamed on loose change in a pocket causing the positive and negative connections to hit at the same time . If we consider insurance issues we need to think about legal liability . There is no product specific regulation , code or law
which applies to the safety of the vaping unit as a whole . Manufacturers of vaping products will be strictly liable to injured consumers or in respect of property damage . The position is less clear from the perspective of others in the supply chain , such as battery manufacturers . The focus comes back to the warnings and instructions given to the consumer by the vaping product manufacturer . The battery manufacturer can still be liable to the vaping product manufacturer in contract . Such recoveries between members of the supply chain will require detailed analysis . Media reports suggest that the single biggest reason for a battery igniting is user error but this can raise conflicting issues from a legal liability point of view . A consumer ’ s damages may be reduced where the injury or damage was caused by their fault rather than a defect in the product . Here , we must emphasise the importance of user education around proper charging practices and detailed user instructions . Manufacturers have more to worry about with legal liability . Retailers may face liability to consumers in contract under the Consumer Rights Act 2015 . However , under the CPA and more generally , retailers simply have to identify their supplier and liability then devolves up the supply chain . So what is on the horizon ? Manufacturers and importers of vaping products already have to provide detailed information about their product and its ingredients . Under proposed EU reforms , the draft Product Safety and Market Surveillance Package , supply chain traceability is key . Manufacturers and importers will have to keep detailed records about component supplies , including safety risk assessments . However , this reform has been delayed in Brussels for some time . It also remains to be seen whether , post Brexit , these reforms will be incorporated into UK law . Think carefully about your choice of insurance broker and take best advice from those involved in the sector . Make conscious buying decisions around the cover you are buying and remember insurance is only useful when you need it !
VAPOUROUND MAGAZINE ISSUE 12 215