Hepatitis, AIDS and the Blood Product Exemption from Strict Products Liability in California: A Reassessment

California Health & Safety Code section 1606 declares that all suppliers of blood and blood products provide a service and not a sale. Courts have construed this statute as precluding strict liability actions in cases involving contaminated transfusible blood and blood-derivative products. This Note analyzes the history behind the exemption of blood products from strict liability and discusses the ramifications of this exemption in the context of both hepatitis and AIDS contamination. The Note argues that, in keeping with the public policies underlying strict liability, the exemption should remain for suppliers of transfusible blood but should be eliminated for commercial blood products manufacturers. The Note recommends that section 1606 be amended to clarify and limit its application in strict liability cases