Branching out from the fast-food business, Mr. Pizza, Inc. develops,

thoroughly tests, and markets a product called "Hot Pepper Mace." Its active

ingredient derived from jalapeno peppers, Hot Pepper Mace disables anyone

upon whom it is sprayed, yet its effects wear off in 30 minutes or less. After

its own thorough testing, the FBI equips its agents with Hot Pepper Mace.

Following the lead of the FBI, police departments across the country begin to

use that product. During the first year of Hot Pepper Mace's widespread use,

however, Mr. Pizza becomes aware of a dozen deaths associated with the use

of its new product. In each case, the decedent was an individual arrested by

the police. At the time of their death, each such decedent was under the

influence of "croak," a new, powerful, illegal amphetamine, whose use is

becoming widespread. Although each died after being sprayed with Hot

Pepper Mace, there is no conclusive scientific evidence that Mr. Pizza's new

product caused any death. In fact, all testing has indicated that the product

is completely safe. Although no tests were conducted on people who were

under the influence of croak, tests were performed on subjects who were

under the influence of croak's active ingredient.

*Argue that Mr. Pizza should not take the product off the market.