dissenting.
I do not disagree with the basic rule, expressed in the majority’s opinion, that an alcoholic beverage manufacturer generally has no duty to warn consumers about the dangerous characteristics of its intoxicating products. See Restatement (Second) of Torts sec. 402A comment i (1965); Morris v. Adolph Coors Co., 735 S.W.2d 578 (Tex.App.—Fort Worth 1987, writ ref’d n.r.e.),
As the majority notes, the comment to the Restatement suggests that “good whiskey,” like “good tobacco,” is not considered “unreasonably dangerous,” even though overindulgence may result in serious harm to the consumer. Sec. 402A comment i. Quite likely, this observation is based on the public’s general awareness that if one drinks too much alcohol or smokes too much tobacco, one may seriously harm oneself or someone else. I therefore recognize that because the potential dangers of drinking beer are commonly known, Miller Brewing Company was not under a duty to warn of the dangers of driving while intoxicated. Sec. 402A comment j.
My disagreement with the majority opinion is with its sweeping application of this general rule to negate all of the allegations of the plaintiff’s petition. Malek not only alleged that Miller Brewing Company failed to warn of the dangers of consuming Miller Lite Beer beyond a certain limit; he also alleged that Miller Brewing Company failed to provide safety instructions as to how much Miller Lite Beer could be consumed before it became dangerous to drive.1
Malek further alleged that Miller Brewing Company’s advertising misled consumers to believe that Miller Lite Beer was less intoxicating than regular beer and that such advertising was especially attractive to under-aged persons such as the driver of the automobile that injured him. These allegations, if true, go beyond the mere assertion that Miller Brewing Company failed to issue a general warning about the dangerous characteristics of its intoxicants.
An important factor in this review is that Miller Brewing Company’s motion for summary judgment is directed solely at the plaintiff’s petition. In this situation, the reviewing court must accept as true every allegation against which the motion is directed. Abbott v. City of Kaufman, 717 S.W.2d 927, 929 (Tex.App.—Tyler 1986, writ dism’d w.o.j.); Gottlieb v. Hofheinz, 523 S.W.2d 7, 10 (Tex.Civ.App.—Houston *525[1st Dist.] 1975, writ dism’d w.o.j.); Labbe v. Carr, 369 S.W.2d 952, 954 (Tex.Civ.App.—San Antonio 1963, writ ref’d n.r.e.); see also Holmes v. Carden Management Corp., 542 S.W.2d 199 (Tex.Civ.App.— El Paso 1976, no writ). Furthermore, Malek, as the non-movant, must be given the benefit of every reasonable inference that can be drawn from such allegations. Abbott, 717 S.W.2d at 929.
Taking the allegations in Malek’s petition as true, Malek has stated a legal cause of action against Miller Brewing Company, based on its alleged failure to give information to its consumers about safe levels of beer consumption.
A product manufacturer may be held strictly liable if it introduces into the stream of trade a product that is likely to harm the user, unless the manufacturer provides adequate instructions for the safe use of the product. See Lopez v. Aro Corp., 584 S.W.2d 333, 335 (Tex.Civ.App.—San Antonio 1979, writ ref’d n.r.e.); see also Butler v. PPG Indus., Inc., 201 N.J. Super. 558, 493 A.2d 619, 621 (Ct.App.Div.), cert. denied, 102 N.J. 298, 508 A.2d 186 (1985); see generally Noel, Products Defective Because of Inadequate Directions or Warnings, 23 S.W.L.J. 256, 264 (1969). The adequacy of such safety instructions is generally a question of fact for the jury. Munoz v. Gulf Oil Co., 732 S.W.2d 62, 65 (Tex.App.—Houston [14th Dist.] 1987, writ ref’d n.r.e.) (citing Alm v. Aluminum Co. of America, 717 S.W.2d 588, 592 (Tex.1986)); Lopez, 584 S.W.2d at 335.
There is an important difference between a manufacturer’s duty to warn and its duty to provide information that will enable the consumer to use the product with safety. See generally Sales, The Duty to Warn and Instruct for Safe Use in Strict Tort Liability, 13 St. Mary’s L.J. 521, 554 (1982). Although general awareness of a product’s dangerous characteristics may relieve the product manufacturer of a duty to warn, the manufacturer may yet have the duty to issue instructions for the safe use of the product. Id.
For example, one selling dynamite may not be obligated to notify a buyer that the product will explode because “everyone knows” that these qualities are inherent in the product. Dempsey v. Virginia Dare Stores, Inc., 239 Mo.App. 355, 186 S.W.2d 217, 220 (1945). But even though the dangers of dynamite are commonly known, the seller may still have the duty to issue instructions regarding its safe use. See Cooley v. Quick Supply Co., 221 N.W.2d 763, 771 (Iowa 1974).
Thus, a manufacturer that has special knowledge about the safe use of a potentially dangerous product is under a duty to impart that information to its consumers. See Borel v. Fibreboard Paper Prod. Corp., 493 F.2d 1076, 1089-91 (5th Cir.1973), cert. denied, 419 U.S. 869, 95 S.Ct. 127, 42 L.Ed.2d 107 (1974); see also Boatland of Houston, Inc. v. Bailey, 609 S.W. 2d 743 (Tex.1980); see generally 63 Am. Jur.2d Products Liability sec. 338 (1984). And a product manufacturer is generally held to have the knowledge of an expert regarding its products, which requires that it test and inspect its products and keep itself abreast of relevant safety information. Borel, 493 F.2d at 1089.
In this case, the summary judgment record does not conclusively negate Ma-lek’s allegations that Miller Brewing Company could have issued safety instructions to its consumers about how much Miller Lite Beer a person could safely consume before becoming too inebriated to drive.2 In a trial on the merits, Malek may be unable to prove Miller Brewing Company could have formulated an adequate safety instruction, due to the differing alcoholic tolerances of each consumer. See Maquire v. Pabst Brewing Co., 387 N.W.2d 565 (Iowa 1986).3 But Miller Brewing Company has not conclusively negated Malek’s *526allegations that such instructions could have been given, and Malek’s allegations state a legal basis for recovery on that theory. See generally Noel, 23 S.W.L.J. at 270.
Malek’s petition also states a legal cause of action based on his allegations that Miller Brewing Company’s advertising misled its consumers, particularly under-aged persons, that Miller Lite Beer was less intoxicating than regular beer. A product manufacturer may be liable, even in the absence of fraud or negligence, for material misrepresentations regarding the character or quality of its product. See generally Restatement (Second) of Torts sec. 402B (1965); 63 Am.Jur.2d Products Liability sec. 349. Such liability may be imposed where the manufacturer’s advertised representations imply that a particular danger does not exist or unrealistically minimize the danger. See Crocker v. Winthrop Laboratories, Div. of Sterling Drug, Inc., 514 S.W.2d 429 (Tex.1974); see generally 63 Am.Jur.2d Products Liability sec. 349.
Although the summary judgment record indicates that Malek may have a difficult, if not impossible, task of proving the allegations in his petition, his pleadings do state a legal basis for relief on either of the two theories alleged. On this appeal, we are not concerned with whether Malek will likely prevail at trial, but only with whether the record shows, as a matter of law, that he cannot recover on the cause of action alleged. See Winters v. Langdeau, 360 S.W.2d 515, 516 (Tex.1962); see also Conerly v. Morris, 575 S.W.2d 633, 635 (Tex.Civ.App.—Houston [1st Dist.] 1978, writ ref’d n.r.e.).
I would reverse the trial court’s summary judgment and remand the cause for further proceedings.
. Scientific knowledge about the effect of alcohol has obviously advanced since the Restatement was written. For example, a person having .10% of blood or breath alcohol concentration is now deemed to legally unfit to drive. Tex.Rev.Civ.Stat.Stat.Ann. art. 6701/-1 (Vernon Supp.1987). While there is no general understanding about how many beers a person may consume within a given time before reaching an illegal state of intoxication, such information may be available to alcoholic beverage manufacturers.
. This is a material fact question yet unanswered. The plaintiffs allegations simply raise the inference that such information was available to the defendant.
. Malek’s own summary judgment "evidence," although far from conclusive, tends to show that a cautionary label could be fashioned to give beer consumers quantitative guidance regarding safe levels of consumption.