Toxic and hazardous substances litigation

The sophisticated purchaser related ingredient supplier defenses are alive and well in many jurisdictions. In the appropriate situation, it can and should be argued that it is reasonable for suppliers to assume that a sophisticated manufacturer would be familiar with potential risks of a product and would warn consumers accordingly. The same argument is equally applicable to the ingredient supplier, who can espouse the position that it is reasonable to assume that the end product manufacturer is in the best, and potentially only, position to warn consumers of the risks associated with the end product.