What is the test for negligence in tobacco products?

The Attorney General notes that the core of its case against the manufacturers is a products liability claim. The manufacturers produced tobacco products which were sold in British Columbia, they failed to warn people of the risks associated with those products and as a result of their failure to warn, people continued to use those products and suffered a tobacco related disease. As in Moran v. Pyle, supra, “[t]he negligence of a foreign manufacturer, whose products are manufactured in one jurisdiction but sold in another, and cause harm there, is deemed in law to have occurred in the latter jurisdiction.” Therefore, it is submitted that British Columbia law is the only applicable law in this case.