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March 31, 2011
Nanotechnology Manufacturers’ Duty to Warn and Potential Affirmative Defenses
Companies commercializing nanotechnology should evaluate ways to safeguard against a potential tide of future ‘‘nanotorts.’’ The authors assess a manufacturer’s duty to warn of potential dangers posed by nanomaterials, and discuss several ‘‘potentially powerful’’ defenses against failure-to-warn claims that could aid nanomaterial defendants facing failure to warn claims.