[Congressional Record Volume 155, Number 52 (Thursday, March 26, 2009)]
[Senate]
[Pages S3924-S3925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Ms. Collins, Mr. Dodd, and Mr. 
        Carper):
  S. 723. 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 am joining my colleagues from 
Maine, Connecticut, and Delaware, in introducing the Protect Children 
from Dangerous Lighters Act, a ban on novelty cigarette lighters.
  Novelty lighters, also known as toy-like lighters, are cigarette 
lighters that look like small children's toys or regular household 
items. In the hands of small children they can be very dangerous. 
Because they are so well disguised as toys, a child could easily pick 
one up to play with it without realizing that it could be very 
hazardous.
  The result of this mistake can be deadly: In Oregon, two boys were 
playing with a novelty lighter disguised as a toy dolphin and 
accidently started a serious fire, causing the death of one boy and the 
permanent brain damage of the other. Also in Oregon, a mother suffered 
third degree burns on her foot when her child was playing with a 
novelty lighter shaped like a small toy Christmas tree and set a bed on 
fire.
  Incidents like these happen all over the country. In Maine, a young 
boy took a miniature baseball bat off a shelf at a convenience store, 
accidentally ignited a flame and seared his eyebrow. In North Carolina, 
a boy sustained second degree burns after playing with a novelty 
lighter that looked like a toy cell phone. In one of the most tragic 
examples, a 2-year-old and a 15-month-old from Arkansas were killed in 
a fire they accidently started while playing with a novelty lighter 
shaped like a toy motorcycle.
  These injuries and deaths cry out to us to take action and remove 
these dangerous lighters from shelves everywhere.
  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. This 
measure will keep novelty lighters out of the hands of children and 
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 ban 
these dangerous lighters. Oregon and four other States have already 
enacted such bans, and thirteen other states are currently considering 
similar measures. It is clear that this is an important safety issue, 
and it is time for the Federal Government to pass this bill so that 
children in all states will be protected.
  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. I want to thank the 
Congressional Fire Services Institute for their leadership in building 
support for this bill. The cigarette lighter industry, represented by 
the Lighter Association, is a partner in supporting a ban on novelty 
lighters. Finally, consumer groups, such as Safe Kids USA and others 
have endorsed this approach.
  Congress should act now to avoid the suffering caused by the 
senseless deaths and serious injuries that result from novelty lighters 
being mistaken for toys. Dangerous tools containing flammable fuel 
should not be dressed up in packages that are attractive to children; 
especially when young children do not have the capacity to 
differentiate these lighters from common toys. Please join me in 
banning dangerous novelty lighters by cosponsoring 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 objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 723

       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 2009''.

     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.

       (a) In General.--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.
       (b) Exclusion.--Such term does not include standard 
     disposable and refillable lighters that are printed or 
     decorated with logos, labels, decals, artwork, or heat 
     shrinkable sleeves.

     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 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 in 2007, 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, in 2000, a fire started with a dolphin-shaped 
lighter left one child dead and another brain-damaged. In North 
Carolina, a 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 actually quacks, you can imagine the potential for 
harm.
  As a co-chair of the Congressional Fire Services Caucus, I am proud 
to note that last year, my home State of Maine became the first State 
to outlaw the sale of novelty lighters.
  Maine's pioneering law stems from a tragic 2007 incident in a 
Livermore, Maine, grocery store. While his mother was buying 
sandwiches, 6-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

[[Page S3925]]

national ban has the support of the Congressional Fire Services 
Institute, 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.
                                 ______