University of Miami Law Review Volume 75 Number 3 Article 9 6-14-2021 One Step Forward, Two Steps Backward: An Elastic Products Liability Framework for E-Cigarette Regulation Evan Robinson University of Miami School of Law Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Law and Politics Commons, and the Law and Society Commons Recommended Citation Evan Robinson, One Step Forward, Two Steps Backward: An Elastic Products Liability Framework for E- Cigarette Regulation, 75 U. Miami L. Rev. 996 (2021) Available at: https://repository.law.miami.edu/umlr/vol75/iss3/9 This Note is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. One Step Forward, Two Steps Backward: An Elastic Products Liability Framework for E-Cigarette Regulation EVAN ROBINSON* Societal innovation is frequently triggered by need. Year after year, novel technologies are created by entrepreneurs who seek to find a more effective, efficient, or less dangerous way of accomplishing a specific goal. Oftentimes, these new technologies enter the marketplace bringing with them a host of uncertainties concerning both their performance and effect on consumer activity. Despite these inevitable uncer- tainties, new technologies play a vital role in advancing so- ciety when appropriately controlled. Indeed, while the ap- propriate levels of control may vary across industries and technologies, one principal remains constant amongst them all: the obligation to balance risk with reward.