1 advanced pseudo-scientific theories of their own, and developed public relations materials, among 2 other public messaging efforts, that prevented reasonable consumers from forming an expectation 3 that fossil fuel products would cause grave climate changes, including those described herein. 4 Additionally, and in the alternative, Defendants’ fossil fuel products are defective 5 because the risks they pose to consumers and to the public, including and especially to Plaintiff, 6 outweigh their benefits. 7 a. The gravity of the potential harms caused by fossil fuel products is extreme; 8 global warming and its attendant consequences are guaranteed to occur 9 following the use or foreseeable misuse of fossil fuel products because fossil 10 fuel products inherently release greenhouse gases into the atmosphere; and 11 global warming would continue to occur for decades even if all greenhouse 12 gas emissions ceased. 13 b. The social benefit of the purpose of placing fossil fuels into the stream of 14 commerce is overshadowed by the availability of other sources of energy 15 that could have been placed into the stream of commerce that would not 16 have caused increased mean sea surface temperature, marine heatwaves, 17 harmful algal blooms, and marine toxin outbreaks, and accordingly 18 Plaintiff’s injuries; Defendants, and each of them, knew of the external costs 19 of placing their fossil fuel products into the stream of commerce, and rather 20 than striving to mitigate those externalities, instead acted affirmatively to 21 obscure them from public consciousness. 22 c. Defendants’ campaign of disinformation regarding global warming and the 23 climatic effects of fossil fuel products prevented customers, consumers, 24 regulators, and the general public from taking steps to mitigate the 25 inevitable consequences of fossil fuel consumption, and incorporating those 26 consequences into either short-term decisions or long-term planning. 27 28 SHER EDLING LLP 211. d. The cost to society of each ton of CO2 emitted into the atmosphere increases as total global emissions increase so that unchecked extraction and COMPLAINT 84