[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7914-S7915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Ms. Collins, and Mr. Dodd):
  S. 3375. A bill to prohibit the introduction or delivery for 
introduction into interstate commerce of novelty lighters, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. WYDEN. Mr. President, today, I, along with my colleagues Senator 
Collins from Maine and Senator Dodd from Connecticut, am introducing 
the Protect Children From Dangerous Lighters Act, a ban on novelty 
lighters. Novelty lighters, also known as toy-like lighters, are 
cigarette lighters that look like small children's toys or regular 
household items.
  These lighters are dangerous and have terrible consequences. Because 
they are so well disguised as toys, novelty lighters have children 
literally playing with fire.
  The results can be deadly: In Oregon, two boys were playing with a 
novelty lighter disguised as a toy dolphin and accidentally started a 
serious fire. One boy died and the other now has permanent brain 
damage. Also in Oregon, a mother suffered third degree burns on her 
foot when her child was playing with a novelty lighter disguised as a 
small toy Christmas tree and set a bed on fire.
  Tragic accidents like these happen all over the country. In North 
Carolina, a boy sustained second degree

[[Page S7915]]

burns after playing with a novelty lighter that looked like a toy cell 
phone. One of the most tragic incidents occurred in Arkansas, where a 
2-year-old and a 15-month-old child died in a fire they accidentally 
started playing with a novelty lighter shaped like a toy motorcycle.
  These injuries and deaths demand we take action and remove these 
dangerous lighters from shelves everywhere.
  If we don't protect children from novelty lighters, we are condemning 
them to play life-threatening Russian roulette every time they pick up 
what they think is a toy.
  A ban on novelty lighters would require the Consumer Product Safety 
Commission to treat novelty lighters as a banned hazardous substance. 
That means novelty lighters will not be manufactured, imported, sold, 
or given away as promotional gifts anywhere in this country. Passing 
this bill is the only way we can guarantee that novelty lighters will 
be kept out of the hands of children. It's our best tool to prevent 
injuries like those that have already brought tragedy to too many 
families.
  A number of states and cities have taken it upon themselves to take 
action to ban these deadly lighters. Maine and Tennessee passed novelty 
lighter ban legislation and similar bans are being introduced in many 
other states, including Oregon. We should expand and support these 
efforts to protect children in all states.
  A Federal ban on novelty lighters has widespread nationwide support. 
Along with the Oregon Fire Marshal, the National Association of Fire 
Marshals supports a Federal ban on these lighters and has been active 
in promoting public awareness on this issue. Even the cigarette lighter 
industry, represented by the Lighter Association, supports a ban on 
novelty lighters. We also have support from the Congressional Fire 
Institute, Safe Kids USA, Consumer Federation of America and the 
Consumer's Union.
  The more people learn about novelty lighters, the more support there 
is to ban them.
  I urge my colleagues to act now and help kids across America avoid 
the senseless deaths and serious injuries they suffer when they mistake 
novelty lighters for toys.
  Hazardous tools containing flammable fuel should not be dressed up in 
packages that are particularly attractive to children. Kids need our 
help to protect them from the treacherous ``wolf in sheep's clothing'' 
of novelty lighters.
  I urge all my colleagues to support the Protect Children from 
Dangerous Lighters Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objetion, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3375

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protect Children from 
     Dangerous Lighters Act of 2008''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Lighters are inherently dangerous products containing 
     flammable fuel.
       (2) If lighters are used incorrectly or used by children, 
     dangerous and damaging consequences may result.
       (3) Novelty lighters are easily mistaken by children and 
     adults as children's toys or as common household items.
       (4) Novelty lighters have been the cause of many personal 
     injuries to children and adults and property damage 
     throughout the United States.

     SEC. 3. NOVELTY LIGHTER DEFINED.

       In this Act, the term ``novelty lighter'' means a device 
     typically used for the igniting or lighting of cigarettes, 
     cigars, or pipes that has a toy-like appearance, has 
     entertaining audio or visual effects, or resembles in any way 
     in form or function an item that is commonly recognized as 
     appealing, attractive, or intended for use by children of 10 
     years of age or younger, including such a device that takes 
     toy-like physical forms, including toy animals, cartoon 
     characters, cars, boats, airplanes, common household items, 
     weapons, cell phones, batteries, food, beverages, musical 
     instruments, and watches.

     SEC. 4. BAN ON NOVELTY LIGHTERS.

       (a) Banned Hazardous Substance.--A novelty lighter shall be 
     treated as a banned hazardous substance as defined in section 
     2 of the Federal Hazardous Substances Act (15 U.S.C. 1261) 
     and the prohibitions set out in section 4 of such Act (15 
     U.S.C. 1263) shall apply to novelty lighters.
       (b) Application.--Subsection (a) applies to a novelty 
     lighter--
       (1) manufactured on or after January 1, 1980; and
       (2) that is not considered by the Consumer Product Safety 
     Commission to be an antique or an item with significant 
     artistic value.

  Ms. COLLINS. Mr. President, I rise to join my friend Senator Wyden in 
introducing a bill that will ban the sale of certain novelty lighters 
that children can mistake for toys, often with tragic consequences for 
themselves and their families.
  In Arkansas last year, two boys, ages 15 months and 2 years, died 
when the toddler accidentally started a fire with a lighter shaped like 
a motorcycle. In Oregon, a fire started with a dolphin-shaped lighter 
left one child dead and another brain-damaged. A North Carolina 6-year-
old boy was badly burned by a lighter shaped like a cell phone.
  Sadly, the U.S. Fire Administration has other stories of the hazards 
presented by novelty lighters. When you learn that one looks like a 
rubber duck toy--and quacks--you can imagine the potential for harm.
  As a co-chair of the Congressional Fire Services Caucus, I am proud 
to note that this spring, my home State of Maine became the first State 
to outlaw the sale of novelty lighters.
  My State's pioneering law stems from a tragic 2007 incident in a 
Livermore, Maine, grocery store. While his mother was buying 
sandwiches, six-year-old Shane St. Pierre picked up what appeared to be 
a toy flashlight in the form of a baseball bat. When he flicked the 
switch, a flame shot out and burned his face. Shane's dad, Norm St. 
Pierre, a fire chief in nearby West Paris, began advocating for the 
novelty-lighter ban that became Maine law in March 2008.

  The Maine State Fire Marshal's office supported that legislation, and 
a national ban has the support of the Congressional Fire Services 
Institute's National Advisory Committee, the National State Fire 
Marshals Association, and the National Volunteer Fire Council.
  The bill is straightforward. It treats novelty lighters manufactured 
after January 1, 1980, as banned hazardous substances unless the 
Consumer Product Safety Commission determines a particular lighter has 
antique or significant artistic value. Otherwise, sale of lighters with 
toy-like appearance, special audio or visual features, or other 
attributes that would appeal to children under 10 would be banned.
  The novelty lighters targeted in this legislation serve no functional 
need. But they are liable to attract the notice and curiosity of 
children, whose play can too easily turn into a scene of horror and 
death. The sale of lighters that look like animals, cartoon characters, 
food, toys, or other objects is simply irresponsible and an invitation 
to tragedy.
  I urge all of my colleagues to join me in supporting this simple 
measure that can save children from disfigurement and death.
                                 ______