United States

CONSUMER

PRODUCT

SAFETYCOMMISSION
--

Washington, D.C. 20207

MEMORANDUM DATE: TO : The Commission Sadye E. Dunn, Secretary November 27, 1996

FROM

:

Eric Rubel, General Counsel &Stephen Lemberg, Asst. General Harleigh Ewell, .Attorney, GCRA

Counsel dz(Ext. 2217)fi

SUBJECT:

Commission Options on Petition CP 96-1 to Amend the Safety Standard for Cigarette Lighters to Include Multi-Purpose Lighters -- Draft Advance Notice of Proposed Rulemaking

Attached is a draft advance notice of proposed rulemaking ("ANPR") for the Commission's consideration in connection with its decision on what action to take concerning Petition CP 96-1, a request to amend the Safety Standard for Cigarette Ligi;-,ers to include multi-purpose lighters. A staff briefing package on tha-, petition was forwarded to the Commission on November 26, 1996. The attached ANPR has been approved by the staff.

Attachment

DRAF’T 11/27/96 CONSUMER PRODUCT SAFETY

Billing

Code

6355-01

COMMISSION

16 CFR Part

1210

Multi-Purpose

Lighters

Advance

Notice

of Proposed

Rulemaking;

Request

for Comments

and Information

AGENCY: ACTION: SUMMARY:

Consumer Advance

Product notice

Safety

Commission. rulemaking. to believe that

of proposed has reason

The Commission risks

unreasonable

of injury lighters

and death that

may be associated by children

with multi-purpose under

can be operated

age 5. Multi-purpose with These an extended lighters

lighters nozzle

are butane-fueled the flame to light The is

lighters emitted.

from which are used

typically

devices

such as charcoal Commission October

and gas grills of 53 fires started These advance

and fireplaces. from January

is aware

1988 through age 5 using

1996

that were lighters. This

by children fires notice

under

multi-purpose

resulted

in 10 deaths rulemaking the

and 24 injuries. ("ANPR") initiates

of proposed under

a rulemaking

proceeding

-l-

authority result

of the Consumer

Product could

Safety

Act

("CPSA").

One

of the proceeding performance mechanism

be the promulgation

of a rule of

mandating

standards

for the child-resistance lighters. from

the operating

of multi-purpose written

The Commission interested associated alternatives to address various persons

solicits concerning

comments

the risks lighters, notice,

of injury

and death

with multi--purpose discussed these risks, in this

the regulatory other possible means

and the economic

impacts

of the also invites

regulatory persons of intent

alternatives. to submit to modify the risks

The Commission

interested statement standard, in this DATE: notice that

an existing or develop of injury

standard, a voluntary and death

or a

to address notice. comments

described

Written must

and submissions

in response by

to this date

be received after

by the Commission publication]. be mailed,

[insert

is 60 days Comments

ADDRESS: copies, Safety

should

preferably Consumer

in five Product

(5)

to the Office Commission,

of the Secretary, D.C.

Washington, Secretary,

20207-0001, Product

or delivered Safety

to the Office Commission, Maryland; captioned

of the 502,

Consumer

Room

4330 East-West

Highway, Comments

Bethesda, should be

telephone "ANPR

(301) 504-0800.

for Multi-Purpose CONTACT:

Lighters." Barbara Jacobson, Sciences, (Consumer

FOR FURTHER Directorate

INFORMATION

for Epidemiology

and Health

-2-

Product

Safety

Commission, ext. '1206.

Washington,

D.C. 20207;

telephone

(301) 504-0477, SUPPLEMENTARY A. Background

INFORMA!l'ION:

Multi-purpose an extended the flame reach away nozzle,

lighters typically

are butane-filled 4 to 8 inches allows

lighters long,

with

from which to hand

is emitted.

The long nozzle

the user

hard-to-light from

p:Laces and also Multi-purpose

keeps

the user's

the flames.

lighters

are usually

nonrefillable. pressure fuel flow

The lighters

are activated mechanism,

by applying which They and campfires, and initiates are most

to a trigger and causes used

or button

a piezo-electric charcoal

spark.

commonly

to light

or gas grills

fireplaces. camp pilot stoves, lights

The lighters

also are used

to light

LP gas ranges in household

in recreational gas appliances. type

vehicies,

Most multi-purpose switch. that must

lighters Usually,

now sold this

inc:Lude some

of on/off

is a two-position before

slider-type

switch

be in the ON position On July product cigarette makes the 12, 1993,

the lighter

can be activated. a consumer and novelty that old

the Commission that requires

published disposable

safety

standard

lighters lighters 16 CFR

to have difficult 1210.

a child-resistant for children standard

mechanism 5 years lighters

under

to 0perate.l that

The

excludes

are primarily

intended

for igniting

materials

ether

1 58 FR 37554.

The

standard

became -3-

effective

July

12, 1994.

than

cigarettes,

cigars,

and pipes.

Based

on the information

currently lighters and thus This

available

to the Commission, intended

multi-purpose tobacco, standard. shows

are not primarily are not subject could

for igniting lighter

to the cigarette if additional showing

conclusion

change

information

use or distribution ignite tobacco

patterns

an intent

for use to

products. of the cigarette lighter

During standard, indicating unreasonable provided

the development

the Commission

was not aware lighters The on/off

of any data presented switch an currently with the

that multi--purpose risk of injury.

on multi-purpose

lighters

would

not-comply

requirements standard, does not

for child-resistance it is easy

in the cigarette children

lighter and

since reset

for young

to operate after

to the OFF position mechanism

automatically

each

operation

of the ignition

of the lighter.

16 CFR

1210.3(b)(l). In February Commission CFR 1210 1996,, Judy L. Carr Rulemaking petitioned Proceedings Lighters the to amend 16

to "initiate Safety Standard Aim

for Cigarette

to include 'multiand its

the ScriptoO purpose' child

Tokai

'n Flamemdisposable the scope of that

butane standard

lighter

within

resistant

performance about

requirements." eight incidents

The petitioner associated with the

provided the Aim

information

'n Flame-lighter. child.

One of the incidents about the other

involved incidents

petitioner's

Information -4-

was obtained litigation

through with

discovery

in the petitioner's

the p.roduct's manufacturer. 4-year-old when daughter was burned over the that 60

The petitioner's percent lighter of her body and ignited child

a 6-year-old

boy triggered

her clothing.

The petitioner

stated

the 6-year-old level

Idas at a 3 to $-year-old The other Aim seven

developmental incidents, all

due to Downs

Syndrome. Tokai from

involving over the eight

the Scripto@ 6-year period resulted

'n Flamem

lighter,

occurred the

1988 through

1993.

In all,

incidents children where

in property

damage,

burn

injuries

to three incident by his

and one adult, child

and one death. died,

In an started

a 4-year-old brother. alleged with

the fire was

5-year-old

The petitioner like shape

that

the Aim guard

'n Flame'+ makes

"gun-

and trigger than

trigger

it more The

attractive petitioner provided nature repeated switch that

a cig'arette lighter information that

as a play

object."

highlighted with

in four of the

incidents

the petition

referenced also

the "gun-like" alleged that

of the lighter. operation to move from

The petitioner will

of the trigger

cause

the on/off and

the OFF position is easier

to the ON position than to

the on/off

switch

to disengage

engage. On May Register issues 7, 1996, the Commission comments published on topics a Federal related received to a

notice raised

soliciting

by the ,petition. The Commission

-5-

total

of nine

comments,

including the Lighter

four

from lighter Inc.

importers B. Incident

and one from Data

Association,

The Commission's bases since 1985, when

staff

searched

all relevant lighters with

CPSC

data

multi-purpose fires started

first

entered by

the market, children consumer

to identify 5 years

these

lighters

under

old. These

data

sources death

inc:Luded

complaints, hospital

newspaper

clippings,

certificates, investigation by children

emergency-room-treated All incidents were involving

injuries, fires

and

reports. under

started

five that

submitted

by the petitioner

or by persons Register

commenting

on the May

7, 1996, Federal

notice

are included knows

in the analysis. incidents involving under fires

The Commission fires started

of 53 reported lighters October

with multi-purpose 1988 through

by children 1996. These

age 5 from resulted reports reports

January

in 10 deaths

and 24 injuries. the amount that fires Downs

Although

ma:ny of the damage, Two 12

did not indicate cited property

of property exceeded started Syndrome,

damage involved 6) with

$50,000. by older

additional children that

incidents (ages 5 and mental

a condition while over

affects

development. have been

These

children,

5 years lighter.

old, might

protected

by a child-resistant

Children extinguishing

under

age

5 typically puts

are incapable and their

of families at

a fire,

which

them

-6-

special

risk

of injury. who started required

Almost

all of the 10 fatalities At least 3 of the 24

were

the children injured

the fires.

persons

hospitalization

for treatment.

One

15-month-old degree burns

infant over

was hospitalized

for second after

anti third his 3-yearwas

80 percent

of his body, in which

old brother sleeping. Among was known,

ignited

the playpen

the infant

the 49 fires 5 were girls

where

the

sex of the fire boys. Many

starter

and 44 were

of the

children accessible furniture more

found

the multi-purpose

lighters

in easilly counters or from

locations, tops.

such as on kitchen however, such obtained as high

Others,

the lighters shelves Three or

inaccessible where

locations, parents tried

cabinets,

to hide that they

them.

investigation

reports

indicated that

the children could

involved the

(ages 3 and 4) demonstrated on/off switch. or fewer fires

operate

Five purpose 1994.

from young each

children year from

using 1988

multithrough

lighters In 1995, these

were however,

reported

11 fires

from

this

cause

were During

reported; 1996,

resulted

in 3 injuries 22 such fires

and 2 deaths. have resulted

through

October,

in 15

injuries fires,

and 4 deaths. deaths,

And,

there

are likely cause, only

additional since some

and injuries lighter fires

from this

multi-purpose fires.

are reported the involvement

as "lighter"

In seven

incidents,

of a multi-

-7-

purpose

lighter

was

known

only because

there

was a follow-up

investigation. The apparent related, lighters. lighters Total in part, increase in the number of fires may be

to the increase below, Since

in sales were

of multi-purpose of these steadily.

As discussed sold in 1985. sales

there then

1 million have risen

sales

industry

for 1995 were

estimated

at 16 million

lighters. Given the relatively to make limited number of known incidents,

it is not possible number of fires

a national at this

estimate time.

of the total

and casualties

C. Market

Information The consumer for $2.50 type of multi-purpose with lighter

The Product. is sold retail lighter chambers, spark at retail price

to $8 each, type such

an average

of about

$4. Another features,

of multi-purpose as refillable fuel

has additional flexible

extended

nozzles,

and piezo-electric batteries. likely These to be used or

mechanisms retail

powered for about

by replaceable

lighters

$40 and are most such as during This lighter may

in commercial repair product

applications,

installation

of gas appliances. that would

not be a consumer standard.

be subject

to a mandatory marketer imports (Cricket@ Both

Manufacturers. lighters Mexico. is ScriptoB The Pinkerton

The largest Tokai, Group

of multi-purpose its lighters Lighters) from imports are

which Inc.

its lighters

from the

Philippines.

of these

firms

-8-

members

of the Lighter located

Association,

Inc.,

a trade a dozen other

association firms All market

in Washington, lighters

D.C. About under

multi-purpose privately

private

labels. by two

of these

labeled

-lighters

are produced

Chinese

manufacturers. Multi-purpose in 1985, Since lighters were introduced units risen sales were to the sold in

Sales. U.S. market the first ScriptoB units Inc., million sources

and about 1985,

1 million have

year. Tokai

sales

steadily. of 16 million Association, of :LOO industry to continue for the at 17 to

estimated Scripto@ total since sales

total Tokai

industry

for 1995. estimated units expect

and the Lighter sales in excess These lighters

industry

their

introduction.

of multi-purpose

to increase, foreseeable 18 million. Lighters lighters seasonally lives

at the rate future.

of 5-10 percent sales

annually,

For 1996,

are projected

In Use. The service on how they

life of multi-purpose Lighters used .useful

depends

are used.

for fireplaces

or for camping If used

may have

of two years

or more.

in everyday be similar to that of Based

applications, disposable

the useful

life would

butane

lighters-i.e.,

less than

one year.

on an average estimation estimated

useful

life of one to two years growth from 1985 forward, lighters

and a linear there were an for

of sales 23-36

million

multi-purpose

available

use at the end of 1995.

-9-

Product multi-purpose lighters. matches, fireplace

Substitutes. lighters

Readily

available

substitutes

for butane

include

matches

and disposable

The closest sometimes matches

substitutes fireplace

are probably matches. more

long-stem However, per light retail ($5/50

called

are substantially lighters. These

costly

than multi-purpose for about lights).

matches

commonly per light price

$5 for a box of 50, or 10 cents This compares to an average or 0.4 cents butane

retail

of $4 for ($4/1000 less per

a multi-purpose lights). light Although

lighter,

per light

disposable

lighters

cost

than multi-purpose lights), they

lighters, do not have places

at 0.1 cents features that

pe.r light allow the

($l/lOOO user away

to reach from

hard-to-light

or keep the use.r's hand

the flames. Economic Considerations knows started 5 using Regarding a Child3

Preliminary Resistant injuries, associated lighters. about that cost,

Mechanism.

The Commission from fires age

of 11 fires, during 1995

and 2 deaths with These children

under

multi-purpose societal cost of cause

incidents

had an estimated were fires

$10.3 are not

million. known

If there

from this

to the Commission, lighter,

the actual fires

societal be

and the cost per

of these

would

higher. It is unlikely eliminate purpose all fires lighters. that a child-resistant by young some feature with would would multilikely be

started

children children

In practice,

-lO-

able

to operate

even

lighters

that

have

a child-resistant

mechanism. Several would result factors from determine the range of benefits feature is the of young This that on

including

a child-resistant factor

multi-purpose reduction children reduction that

lighters. could

One important

be achieved

in the ability with these

to start would

fires

by playing

lighters.

be based

on the expected lighters

improvement caused

in the

child-resistance child-resistant the Commission child-resistant preliminarily feature incidents

of multi-purpose feature. used

by the

By applying

the same methodology reduction for

to estimate

the incident

cigarette estimates

lighters,

the Commission a child-resistant reduce these fire

that requiring lighters would

on multi-purpose by between

73 and 82 percent.'

2 An initial estimate of the extent to which non-childresistant multi-purpose lighters may resist operation by young children can be calculated from tests that were oerformed with L children using non-child-resistant disposable cigarette lighters. That testing showed that 55 percent of children were able to operate non-child-resistant "roll and press" cigarette Lighters ("baseline" child-resistance of 45 percent), and 84 percent were able to operate non-child-resistant "push-button" (including peizo-electric) cigarette lighters (baseline child-resistance of Similar tests have not been performed for multi16 percent). assumes for present purposes purpose lighters, but the Commission that the results would be within the range of those derived for cigarette lighters. The minimum percent reduction in fires and resulting deaths and injuries would occur if all lighters just barely passed at the specified pass/fail criteria, which for cigarette l.ighters is as 85 percent. The minimum percent reduction thus is calculated follows: %reduction = [(% pass/fail criteria) -ll- (% baseline CR)] x 100

Another per lighter

important

factor

in calculating requirement of such useful

the benefits for multiIf there of of

from a child-resistant is the useful have life

purpose

lighters

lighters. life, then

multi-purpose were these about 23 million

lighters such

a l-year

lighters

in use in 1995. And, accident

each cost

23 million $0.45

lighters

had an expected in societal

($10.3 million

costs

f 23 million lighters are 73 will x .73).

lighters). percent be about

If child-resistant in reducing lighter

multi-purpose incidents,

effective $0.33 per

the benefits costs

($0.45 in accident effective

If the lighters incidents, ($0.45

are 82 percent will

in reducing per lighter

the benefits costs

be about

$0.37

in accident

x .82). a 2-year useful life, then there

If these were 36 million

lighters

have

multi-purpose

lighters cost

in use. And,, each of about $0.57 ($10.3

lighter million useful lighter ($0.57

had an expected + 36 million, life that assumption,

accident for each

of 2 years). will

Under

this $0.42 per

the benefits effective

be about

is 73 percent costs

in reducing $0.47

incidents per lighter

in accident

x .73), and about

(100 - % baseline

CR)

Therefore, the estimated injury reduction for push-button lighters would be 82 percent [(85-16)(100)/(100 - 16)]. The estimated injury reduction for roll-and-press lighters would be 73 percent [(85-45) (lOO)/(lOO-45)]. In reality, the childresistance performance of many lighters may be substantially better than the pass/fail criteria. Therefore, the actual injury and death reductions may be significantly greater than estimated. -12-

that .82).

is 82 percent

effective

($0.57 in accident

costs

x

Industry would comply

sources with

estimate

that

a safety

device

that lighter of a

the requirements to $0.40

of the cigarette to the retail high cost

standard

could

add $0.20 lighter.

price is

multi-purpose attributed that would

This

relatively

to the difficulty provide enough

in designing

a safety ignition

feature

fuel to allow

at the end

of the nozzle. Thus, benefits, compared $0.40 per the preliminary using 1995 data, estimate are $0.33 costs, of the potential to $0.47 above, per lighter, of $3.20 to

to the estimated lighter. data

noted

Incomplete and 4 deaths, sales that

for 1996 show 22 fires, cost of $20.5

15 injuries, with

for a societal

million,

are projected Therefore,

at 17 to 18 million of potentially

multi-purpose achievable for 1996

lighters. benefits through including $0.65

the range based

per

lighter

on the reported

cases

October-using the .73 to

the same methodology .82 range of injury

as above, be

reduction-would that national greater

to $0.93.

Additionally,

it is likely would

estimates than And,

of fires

and casualties known

be still

the number the

of incidents

for both may

1995 and 1996. exceed the

lighters'

child-resistance requirement

substantially cases. than

the standard's potential

minimum

in many

Thus,

benefits

are likely

to be higher

estimated.

-13-

The costs per multi-purpose the same feature in 1995, produced. exceed

lighter

of adding

child-resistance however,

to all be

lighters

produced The total be only

in 1996, cost

would the

as for 1995. in 1996 would reflecting Thus,

for providing

5 to 10 percent in the number benefits

greater

than

the increase 1996 data,

of lighters likely far

using

would

costs. Raised by the Petitioner Information. The petitioner critical that

D. Issues

1. Issue: stated that

Manufacturer's Tokai

ScriptoB data

Corporation

possessed

fire and injury would have been

concerning

multi-purpose

lighters

useful

to the Commission for Cigarette

during

development

of the Safety Response: petitioner, by young

Standard Based

Lighters. submitted by the

on summary Tokai Aim

information

ScriptoB

was aware 'n FlameStandard fires

of four fires lighters prior

started to cn

children

with

publication July

of the Safety

for Cigarette resulted None

Lighters

12, 1993.

Two of these in property The

in burn

injuries,

and two resulted involved a death.

damage.

of the incidents Tokai did not

fact that on these

ScriptoB incidents

communicate at that grant time

information

to the Commissicn decision lighters. stated with that to

did not affect petition "Gun-Like"

the Commission's

Ms. Carr's 2. Issue:

for multi-purpose Shape.

The petitioner shape and trigger

the Aim trigger

'n Flame'sguard makes

"'gun-like' it more

attractive

than a cigarette

-14-

lighter

as a play

object."

The petitioner

highlights with the

information petition lighter.

in four

of the incidents the "gun-like"

provided nature

that

reference

of the

Response. believe that,

The Commission's for some children,

human

factors

experts o.f the

the combination lighters

"toy-like" the flame over

shape could

of multi-purpose enhance

and the size of of these lighters

the attractiveness lighters or matches.

ordinary

cigarette

The appeal other on the data

and attractiveness lighters

of the Aim

'n Flame-and in part,

multi-purpose lighters'

to children

is based,

toy-like children

appearance. were first

Available attracted

in'cident t'o the a 3-year-old it

indicate because

some

product boy

of its shape.

In one incident, workbench the child

saw the lighter

on a basement reported

and thought called it a

was a toy gun. "trigger gun."

His mother

In addition lighters Children's development. bright, lighters, ordinary purpose warm, is also

to the shape, an attractive about fire

the flame feature

of multi-purpose

to children. stage because in their it is

curiosity Fire

is a normal children

appeals

to young

and exciting. produced lighters. appeal

In the case is larger

of multi-purpose than those of

the flame cigarette lighter's

This may heighten

the multi-

to children.

-15-

Thus, appeals other have

all multi-purpose

lighters

produce

a flame

that

to children.

Furthermore, model

multi-purpose addressed

lighters

than been

the particular involved applies

by the petitioner this

in fire incidents. to all multi-purpose switch.

Accordingly, lighters.

rulemaking

3. Comment: Scripto@ 15(b) Aim Tokai

On/off

The petitioner the Commission

stated under

that Section the

has not notified Product a defect

of the Consumer contains

Safety that

Act could

("CPSA") create alleged

that a that

'n FlameN

substantial repeated switch that

product

hazard.

The petitioner will

operation to move from

of the trigger

cause

the on/off and

the OFF position is easier

to the ON position than to

the on/off

switch

to disengage

engage. Response: contains switch The issue because of whether of these the Aim aspects 'n Flameof the on/off by the

a defect

will

be considered Office Received Notice

as a separate

matter

Commission's E. Comments Register

of Compliance. in Response to the May 7, 1996, Federal

The Commission the May included: Inc. Inc.; 7, 1996, lighter

received

nine

comments notice.

in response Commenters Pinkerton

to

Federal

Register

importers Colibri

ScriptoB

Tokai,

Group

(Cricket@), the Lighter

Corporation, Inc.;

and Calico Vinson

Brands, the

Association, Ms.

& Elkins,

petitioner's

attorneys;

Diane

L. Denton,

the petitioner

-16-

for the cigarette attorney;

lighter

standard;

Mr. Davis a lighter request

S. Carson, expert.

an

and Dr. John 0. Geremia, are available upon

Copies

of the comments of the Secretary. Scripto@ Lighter lighters. wrote

from the Office

Tokai

and Cricket@,

both members import

of the

Association, Mr. Carson,

Inc., currently Ms. Denton,

multi-purpose Brands, lighters to the Inc., in the

and Calico

in support standard.

of including

multi-purpose responses

current

The Commission's are given

particular

comments

below. to One Product. the incidents The appear and

1. Comment: Pinkerton Group,

Incidents Inc.,

Limited

commented

that

to be limited questioned purpose

to one particular a rulemaking

product

on the market

whether

proceeding

for all multi-

lighters

was warranted. One manufacturer, who represents sales, was accounted for 20 of The other lighters, to one

Response: approximately the 25 fires 5 fires were

90 percent in which associated that

of U.S.

the product with other

identified.

manufacturers'

establishing product

the incidents

are not limited

alone. Risk Associated with Multi-Purpose Association, Inc.,

2. Comment: Lighters. commented ScriptoB that

Tokai

and the Lighter

there

are very relative

few fire incidents to the number

involving sold,

multi-purpose

lighters

of units

-17-

and that compared

these

lighters open

present

an extremely

low risk

to other

flame products. time, fire data from involving that multicannot be or

Response: purpose used

At this

lighters

are obtained a national associated

sources

to calculate risk

estimate

of the fire hazard lighters.

the per-unit Even

with multi-purpose

if the per-unit

.risk was identical lighters,

for lighters, there would be

matches, many

and multi-purpose more fires

however,

times

with matches number

and lighters, products

solely in use. Yet,

because

of the larger that there

of these

it appears standard

may be a reasonable lighters that

cost-effective can reduce the risk

for multi-purpose products. risks

from these

The relative in the response 3. Comment: Matches. some Scripto@ consumers

of open-flame comment. Will Switch

devices

are discussed

to the next Consumers Tokai

to More

Dangerous

states: to less safe means of [T]he has since

are switching products, started

lighting number

tobacco of fires and

such as matches.... using even

by children

matches

not declined the adoption for Cigarette year other

in fact may have Part 1210 More

increased

of 16 CFR,

[the Safety fires

Standard each

Lighters].... playing

are started than with any

by children source.

with matches

-18-

The Lighter in using

Association,

Inc.

states,

"[t]he

difficulty

child-resistant to move

multi-purpose

lighters

ma;y cause

some users

to long

stem matches." the claim that

Response: more than fires with

Current

data do not support

are started any other

each year by children In both

with matches about the

source.

1993 and 1994, matches for which

same number lighters.

of child-play

fires

involved year

and fire data 9,100

In 1994,

the most were

recent

are available, child-play Because reason

matches

involved to 10,600

in an estimated for lighters. there

fires,

compared

matches

<are not child-resistant, of child-play

is no to be that

to expect And, that detail

the number

match

fires

declining. indicate in more

the Commission fires

is not aware have

of any data

child-play below,

increased. data

As discussed 1994) do

the available of whether since

(through

not allow play match the Safety

a determination fires has

the number

of childdate of

increased

the effective

Standard

for Cigarette

Lighters-July any supporting child-resistant

14, 1994. evidence lighters

The commenters that consumers

did not provide from

are switching

to matches. lighters conducted accessible matches products.

Additionally, a greater

non-child-resistant risk than matches. the number of boxes

cigarette A CPSC study in

present

in the late locations

1980's

used

of lighters or books of

and the number

in such

locations found

as a measure that, using

of exposure this measure

to the of

The study

-19-

exposure, involved involved

lighters

were

1.4 times fire, death,

as likely

as matches

to be

in a child-play in a child-play

3.3 times

as likely

to be to

and 3.9 times

as likely

be involved

in a child-play

injury. that recently introduced to use than Based on

The Commission child-resistant some of those this

is finding

lighters sold when

are easier the rule

for adults

first believes

took effect. that child-

experience,

the Commission

resistant designed addition, source

mechanisms that

for multi-purpose for most

lighters

can be In expensive

are easy

consumers

to use. and more

matches

are a less Accordingly,

convenient

of flame. would

it is unlikely

that many

consumers lighters

move

from child-resistant matches. Multi-Purpose Other Hazards.

multi-purpose

to long-stem

4. Comment: Child-Resistant the Lighter reset

Requiring May Create

Lighters ScriptoO

To Be Tokai and

Association, required be unsafe technology

Inc.,

commented

that the automatic cigarette lighters. The

mechanism could

for child-resistant for multi-purpose used in most

lighters

piezo-electric lighters each need time

multi-purpose a flame the

is not completely it is activated.

reliable These

in producing

commenters mechanism

conten'd that after each the

to operate could

the child-resistant further delay

actuation potential accumulated

ignition

and increase fire from

for mini-explosion pressurized gas.

or flashback

-2o-

Response: light after

The failure activation

of piezo-electric creates under type

mechanisms

to

each

a potential certain

for "mini The on

explosion" probability a number

or "flashback and severity

fire"

conditions. depends turns

of this including obtaining

of reaction the user

of variables, on before unnecessary

whether a flame

the

gas appliance (which the gas seems

from the lighter of time the

in any event),

the length

flows,

and the air circulation The addition should

in the area where designed

gas is to be ignited. child-resistant delay already

of a properly

feature inherent

not add significantly

to the

in the device.

If the Commission multi-purpose be carefullyy lighters

decides

to develop

a .rule to require this issue

to be child-resistant, evaluated. 5. Comment: by Children. the current multi-purpose more common Easy

will

Operability

of Multi-Purpose

I.ighters for

Diane

Denton,

who in April

1985 petitioned stated than that small,

standard lighters lighters. While

on cigarette are easier

lighters, to operate

Response: ease

there between

are no comparison these types

data

on the

of operability incident to operate

of lighters, it is for young most of which a mother operate

available children have found

reports

show how easy

multi-purpose mechanism.

lighters, After ages

a piezo-electric that both with

one fire,

of her children, little

2 and 4, could

the lighter

difficulty.

In another

incident,

-21-

fire used

investigators the lighter.

asked

a 3-year-old switched one hand.

to demonstrate the ON/OFF The father

how he to ON

The child with

switch

and pulled ON/OFF

the trigger was

said the son's toys

switch

similar

to that

on some of his to that

and the trigger Also, lighters lighter easiest children among

pull

action

was similar

of toy guns.

various during

types

of non-child-resistant of the cigarette mechanism was the of the

tested standard,

the development

the piezo-electric Forty-six panel were

to operate. on a test

out of 50

(92 percent)

able to operate be operated

the Ilighter. by children for children lighters. Lighters to to

Multi-purpose with one hand, most

lighters while

can easily two hands

are required

operate

disposable

non-child-resistant

6. Comment: Children. are less therefore, ScriptoB away

Accessibility Tokai claims

of Multi-Purpose

ScriptoB accessible

that multi-purpose than disposable risk.

lighters and

to children

lighters to

do not present Tokai,

a similar

According typically

multi-purpose

lighters

"are

stored

in the

same manner

as tools

or implements"

and "are not In lighters

carried addition,

in a pants ScriptoB than

or shirt Tokai

pocket,

or in a purse."

claims

that multi-purpose and thus

cost more likely

disposable laying

lighters, around."

are "less

to be left

Response: children locations, found some

In the available the multi-purpose easily accessible

reports

of fire

incidents, of

lighters

in a variety less

and others

-22-

accessible. accessible 2-year-old he took home. Storing tools does

Multi-purpose locations

lighters

are sometimes use.

stored

in a

convenient with

to their

For example, lighter that

boy was burned near

a multi-purpose

off a hook

a fireplace

in his grandmother's

multi-purpose

lighters make them

in the same manner inaccessible boy took to

as

not necessarily In one incident,

children. purpose

a 3-year-old

a multiit in

lighter

out of a relative's later

tool box and hid

his toy box. lighter with

Two weeks

he started room.

a fire wit:h the started fires the

in the family's that they

living

Children kitchen cabinet,

lighters

retrieved

from

cabinets, a garage a bedroom

top of microwave shelf, dresser, a bathroom

ovens,

a 6-foot-high chest,

medicine

a bookcase,

a basement closet.

workbench,

and the top of a water

heater

in a utility

In addition, likely fairly to be left inexpensive. were

these laying

devices around"

are not necessarily based on cost,

"less are the

as they

In fact,

in some of the incidents, of a cigarette

lighters promotion. carried normal

obtained

free as part these

Further,

since

lighters

are not commonly to be in their above, are

in a pocket storage

or purse,

they

are likely

locations,

some of which,

as noted

accessible

to children. "False Sense of Security. N The Lighter that "there is always the

7. Comment: Association,

Inc.,

commented

-23-

possibility careless them

that parents

and caretakers lighters, ScriptoB

will

be more thinking that

with

child-resistant Similarly,

erroneously Tokai stated as

child-proof."

child-resistant 'childproof' Response: sense

lighters leading

"are viewed

frequently sense

parents

to a false that

of security." of a "false reduction of

It is not likely will started prevent

the issue

of security" fires above,

the expected

child-play detailed

with multi-purpose lighters

lighte.rs. As stored

multi-purpose

are currently use.

in accessible they

locations

convenient

to their

Even when

are stored

out of reach,

in locations out. sense

considered

inaccessible, The could

children

seek them about

same argument

a "false

of security" used for drugs in

be applied

to child-resistant However,

packaging an article

and household the June

chemicals. Journal Safety

published

5, 1996, "The

of the American Effects

Medical

Association, Packaging

of Child-Resistant Drugs," demonstrates that

for Oral

Prescription

child-resistant from about drugs

packaging

has reduced

childhood under

poisoning age 5 by

oral prescription 45 percent became since

drugs 1974,

for children the year

oral prescription packaging

subject

to the child-resistant

requirements. 8. Comment: commented of defense" that Education education and Supervision. and supervision fires. ScriptoO Tokai line

are the "first stated that

in lighter-related

They

-24-

parents

must

be "repeatedly of children,

reminded

to keep leave

fire

sources children and of has on

out of the

reach

and never further

small

unsupervised." labels must

ScriptoB

Tokai

said warnings consumers

be used hazards."

"to adequately They claim

inform

applicable ignored product

that

the Commission focused

educational design.

efforts

and has narrowly

Colibri review

Corporation

recommended

that

the Commission lighters. place a

educational Brands,

materials Inc.,

on multi-purpose that they

Calico label parents However, warning necessary

stated

always

on their

lighters

and lighter

packaging

warning

"to keep they

lighters

out of the reach that they

of children." the is also

also

acknowledge

are aware

is not "foolproof" "to further

and that

child-resistance

protect

the safety Inc., stated

of our children." that "ultimately

The Lighter the issue

Association, safety

of fire

is an issue

of parental that the be dealt with

supervision." Commission through

The Association whether efforts.

recommended this issue

consider

could

educational

Response: supervision solution

Educational are important.

efforts, But,

warning

labels,

and

they

are not the sole fires started with at

to the problem lighters.

of child-play If a product a hazard,

multi-purpose reasonable effective

can be designed that is the most

cost

to address

approach.

-25-

Available were aware

information

indicates of these

that

even

when

consumers

of the danger to keep them

lighters

and took still it

precautions managed appeared relatively after people

out of reach, In some

children

to access that

the lighters.

instances, stored in a

the lighter

was normally

inaccessible use.

space, This

but was not returned scenario,

there since

its latest

is a foreseeable

can be expected children under without

to be forgetful. age 5 are old enough being in the same to engage in

Many play

activities

room

as a parent the supervision. were in the of a

or guardian. children Fires house. were

At the time under

of the known levels

incidents, of adult

reasonable while

were

started

parents

or guardians fixing lunch started

One mother

was downstairs cases,

at the time fires while

the incident. parent was

In other

children These

showering since

or sleeping. cannot

are also

foreseeable in the

scenarios, same room

people

be expected moment

to stay

as their

children

every

of the day. Ligkzers. how the Safety to a rulemaking comments are

9. Comment: A number Standard proceeding discussed

Safety

Standard were

for Cigarette about relate These

of comments

received might

for Cigarette

Lighters

for multi-purpose below.

lighters.

a. Effectiveness standard. The Lighter

of the current Association,

cigarette Inc.,

lighter that it is

states

-26-

not aware demonstrate

of any data

available

for 1994 or 1995 of the current

to

the effectiveness The most recent

standard. complete fire

Response: data

year

for which since

are available became

is 1994.

However,

the current to lighters States on or in

standard

effective

July

12, 1994-as

manufactured after that

in or imported

into the United

date-non-child-resistant of distribution of the cigarette

lighters

remained

the channels full effect achieved made

throughout lighter

1994 and 1!?95. The will not be

standard

until

the non-child-resistant 12, 1994,

cigarette in use.

lighters I-, will not

before

July

are no longer

be possible until

to fully

evaluate produced

the standard's

effectiveness lighters are

the previously

non-child-resistant after then

are used available.

up and fire data

for a period

However,

based

on tests

of non-child-resistant the Commission eliminate year

and estimates (53

child-resistant the cigarette to 70 percent) young children

cigarette lighter of the playing

lighters, will

standard

80 t'o 105

150 deaths with

each

resulting The

from

cigarette lighter

lighters. standard

rationale support lighters. public

for the cigarette a child-resistant The Commission to delay

appears

to also

requirement believes

for multi-purpose not be in the

it would

interest until

a standard

for multi-purpose lighter allow

lighters standard

the effectiveness evaluated.

of the cigarette Such a delay

can be fully

would

-27-

the deaths product

and injuries

associated

with

child-play

with

this

to continue

unabated. to the current commented to cigarette that standard. there The

b. Consumer Lighter adverse with

resistance Inc.,

Association, consumer

is strong that the companies about comply

reaction

lighters

the current went

child-resistance on July

standard.

Since

standard have

into effect tens

12, 1994, member

received

of thousands

of letters

complaining

how difficult lighters. ScriptoB generated upset

it is to operate

the new child-resistant

Tokai

commented

that

child-resistant calls

lighters and

daily

letters

and phone their

from puzzled

consumers

expressing

frustration

and resistance ,senior

to the inconvenience. citizens found and people

According with

to the commenter,

disabilities,

such as arthritis, Consumers Some child-

the new

lighters

difficult there

to operate.

without consumers resistant

children even

complained found ways

is no choice. the lighters'

to disarm

mechanisms. When the Safety Standard for Cigarette wrote to CPSC reported to the

Response: Lighters expressing receiving initial packaging Packaging went

into effect,

some consumers

dissatisfaction complaints from

and some manufacturers consumers. This

is similar

reaction

to the requirement drugs

for child-resistant the Poison Prevention consumer

of prescription Act in the early

under

1970's.

It appears

that

-28-

dissatisfaction lessened receives

with

child-resistant since

cigarette

lighters now rarely

has

substantially, complaint

the Commission

letters. child-resistant mechanisms have been in effect. of lock that

Additionally, evolving during most

the period

the standard used

has been some type

Originally, could could

of the lighters by moving

be disabled then

a lever designs may

so that were have

the lighter sometimes

be actuated. and,

These

cumbersome

for some people, some of these is toward

required

the use on the to on

of two hands. market, overcome the flint

While

lighters subtle

are still movements

the trend

now

more

the child-resistant wheel or pressing expects lighters, highly

mechanism, a button

such as pressure the lock.

to disable

The Commission by these new

consumer which

resistance

to be minimized to operate

are easy

for adults

but are still
C.

child

resistant. the child-resistant Association, discussed to lighters.

Products

designed

to defeat

features Inc.,

of cigarette

lighters.

The Lighter Corporation that

Script003 Tokai, that have

and Colibri

products override

been marketed

are designed of cigarette

the child-resistant provided

features

The Association product Scripto@ against issued Tokai

a copy

of a patent

for such a Arizona. action

to two inventors stated that CPSC device features that

in Cottonwood, failed to take

a particular

is marketed

for overriding

the child-resistant

of cigarette

lighters.

-29-

Response: override does

Although

the marketing features

of tools

designed

to

the child-resistant

of disposable

lighters

not violate

any Commission

regulation, of the device its marketing with easier

the Commission referred to by

has requested ScriptoB Increased lighters Tokai

the manufacturer to discontinue satisfaction become

of the device.

consumer

child-resistant to operate should

as the designs reduce

drastically products. d. CPSC Without ScriptoB violations lighter group

if not eliminate

the market

for such

enforcement details, alleged

of the cigarette the Lighter that there rule

lighter

standard. Inc., of cigarette as a and

giving Tokai

Association, a number

were

of the stockpiling They
believe

in the current Chinese

standard.3

that

importers

brought above

in over

100 million

non-child-resistant limit. These

lighters commenters stocking

the permissible claim that

stockpiling there

further

are stores

still lighters. some lighters,

(and restocking)

non-child-resistant Inc., stated that

The Lighter distributors

Association,

apparently

are buying

child-resistant

3 Section 9(g)(2) of the CPSA, 15 U.S.C. 2058(g)(2), authorizes the Commission to issue rules prohibiting the stockpiling of products that are subject to a consumer product safety rule. Stockpiling means the manufacturing or importing of a product between the date of promulgation of a consumer product safety rule and its effective date at a specified rate that is significantly greater than the rate at which such product was produced or imported during a specified base period before the promulgation of the consumer product safety rule. A stockpiling rule was issued as part of the Safety Standard for Cigarette 16 CFR Part 1210, Subpart C. Lighters. -3o-

opening features,

the master repacking

cartons,

disengaging

the child-resistant the cartons that at

the lighters, Association bringing

and selling members

a substantial importers lighters testing

premium.

believe

some

are fraudulently as child-resistant or other ruses. Association,

in non-child-resistant using "contrived"

lighters

The Lighter request stringent purpose

Inc.,

and ScriptoB

Tokai and

tightening

of the stockpiling of any new rule

requirements relating

enforcement lighters.

to multi-

Response: requirements stockpiling Service, millions will

The Commission of both

has aggressively standard

enforced

the

the safety

and the antithe U.S. Customs of

provisions.

In cooperating has prevented

with

the Commission

the importation

of non-child-resistant to vigorously any specific

lighters.

The Commission and to

continue

enforce

the standards

investigate brought

reports

of possible

noncompliance

to its attention. Recommendations ScriptoB Tokai for requirements stated that for multi-

e. Comment: purpose learned must

lighters.

the lessons experience This

from the disposable

cigarette

lighter

be applied makes

to any effort following

to regulate

new products. if such a

company standard

the

recommendations

is undertaken:

-31-

l

The

standard whether

should

include

all multi-purpose long or short,

lighters, expensive
l

disposable

or refillable,

or inexpensive,

or novelty

or otherwise. should be

Acceptable defined.

child-resistant

mechanisms

clearly
l

All

importers reports

should to CPSC

be required

to submit

base period child-

and monthly resistant specific
l

on importation lighters,

of both

and non-child-resistant manufacturing should source be taken

including

information. to insure rules, Customs that importers working and through do

Actions

not circumvent closely with

the stockpiling the United States

including Service

diplomatic
l

channels. measures questioned should be applied evenly. the

Enforcement

Dr. Geremia industry suggested independent

the validity

of allowing tests.* or an He

to conduct that

its own certification be conducted not paid

testing

by CPSC directly

organization also name

by the importers. identify code. enforce the U.S. the

Dr. Geremia manufacturer's Response:

recommends and address

that

lighters

and have strive

a date

The Commission

does

to evenly with

all of its regulations, Customs Service as well

and routinely as other

works

government

agencies.

4 See the explanation of certification in the discussion the CPSA in Section G of this notice, "Statutory Authority." -32-

of

The Safety manufacturers testing

Standard to certify which

for Cigarette compliance

Lighters through

requires

a reasonable tests model on of

program

includes

(1) qualification versions) of each

surrogates lighter

(non-flame-producing (2) development of the surrogates and

produced,

of a specification found to meet performed

of the

characteristics resistance

the childof lighters to meet

requirements,

(3) tests that

from production the original

to demonstrate

they continue

specifications. expects they have companies to be able testing to program that

The Commission demonstrate evaluates not appear require industry testing that whether that

a reasonable

their

lighters

are in compliance. authority

It does to

the Commission

has express

that

certification

tests

be performed evidence

by nonthat may industry conduct that does

testers,

particularly However, action

absent

is inadequate. and take

the Commission against

its own tests not comply. independent Other

any product using an

The Commission testing

conducts

tests

organization specific will

where

appropriate. involving

suggestions lighters

to an amendment

multi-purpose proceeds lighters. f. Designs purpose

be considered rule

if the Commission

to develop

a proposed

for multi-purpose

for child-resistant Dr. Geremia designs should

features

for multi-

lighters.

commented

that the following

child-resistant

be considered:

-33-

(i) A trigger except it would

guard remain which

similar attached requires each

to those

used

on firearms,

to the unit the burner other

in some way. nozzle and in

(ii) A design handle order

to be pushed

toward

and then twisted

for gas to flow. trigger in the present location, with the

(iii) A false real trigger Response: designs

hidden

at the base

of the handle. to child-resistant will be considered if the

Suggestions

specific lighters

for multi-purpose decides

Commission purpose Safety product

to develop It should

a proposed

rule for multithat the

lighters. Standard designs.

be noted, Lighters that meets protocol

however,

for Cigarette Any design

does not specify the performance This

requirements allows driven

of the testing greater

is acceptable. and provides

industry solutions.

flexibility

for market-

F. Existing

Standards lighters are subject to the labeling Hazardous because they

Multi-purpose requirements Substances contain

of section Act ("FHSA"),

2(p) of the

Federal

15 U.S.C.l261(p), that

a hazardous suitable include:

substance

is intended

or packaged

in a form statements UNDER

for use in the household. "DANGER -EXTREMELY

The required "CONTENTS

FLAMMABLE"

PRESSURE"

"Keep

out of the reach mandatory

of children." standard that the

The only Commission

other

existing

is aware

of that may be relevant

to this

-34-

proceeding which does

is the Safety not apply

Standard

for Cigarette not primarily 1210.

Lighters, intended for

to lighters 16 CFR

lighting

tobacco

products.

G. Statutory Three have

Authority

for This

Proceeding by the Commission to the risk These posed by

of the statutes some

administered relevance

at least

apparent

non-child-resistant Consumer Product

multi-purpose Safety Act

lighters.

are the

("CPSA"), Act

15 U.S.C. ("PPPA"), Substances

2051-2084;

the Poison 1471-1476;

Prevention

Packaging

15 U.S.C. Act for

and the Federal

Hazardous

("FHSA") , 15 U.S.C. cigarette authority lighters,

1261-1278.

In issuing decided

its standard to use the of the

the Commission

of the CPSA. reasons

A full explanation decision

Commission's Federal FR 37557 notices,

for that

was published

in the 58

Register

on July

12, 1993.

58 FR 37554. stated

See also in those

(July 12, 1993). the Commission

For the reasons that

expects

any rule

regarding be

the

child-resistance issued under

of multi-purpose

lighters

also would

the CPSA. a CPSA standard, the Commission first

Before must issue

adopting an ANPR 2058(a).

as provided

in section

9(a) of the CPSA. to continue to the the

15 U.S.C. rulemaking ANPR,

If the Commission after must with

decides

proceeding

considering

responses

the Commission rule, along with

then publish a preliminary

the text of the regulatory analysis,

proposed

in accordance

section

9(c) of the CPSA.

15 U.S.C.

-35-

2058(c). rule,

If the Commission publish

then wishes

to issue rule

a final and a final in

it must

the text that

of the final

regulatory section before certain

analysis

includes

the elements

stated And

9(f)(2) issuing

of the CPSA. a final

15 U.S.C.

2058(f)(2).

regulation,

the Commission voluntary

must make standards, and

statutory

findings

concerning

the relationship the burden U.S.C.

of the costs

and benefits CPSC

of the rule, § 9(f)(:3), 15

imposed

by the regulation.

2058(f)(3). Alternatives Under Consideration alternatives with to reduce the

H. Regulatory

The Commission number of injuries

is considering and deaths

associated

multi-purpose standards the and

lighters. similar potential education It is also developed play fires

In addition to those

to possible

performance

adopted

for cigarette

lighters,

for labeling campaigns possible that would

requirements

and information

to reduce that

the risk will

be considered. coul'd be of childalternatives

a voluntary

standard

adequately with

reduce

the risk These

associated below.

this product.

are discussed

1. Performance issuing lighters a mandatory similar

standard.

The Commission standard

will

consider

performance

for multi-purpose lighters. of child-play either

to that Labeling

for cigarette to warn lighters

2. Labeling. fires

of the risk could

from multi-purpose

be required,

-36-

instead standard.

of or in addition

to a mandatory

performance

3. Voluntary any voluntary children product.

standards.

The Commission that

is not aware to the risk this and account

of of

standards fires

in effect that

apply

starting However,

is associated

with

if such standards would

are developed take this into

implemented, deciding

the Commission a mandatory

in

whether

standard

is necessary.

I. Solicitation This result ANPR

of Information is the first step

and Comments of a proceeding or labeling which standard young All could for

in a mandatory lighters

performance to address lighters

multi-purpose children interested their above. will

the risk that to start fires.

use these

persons

are invited

to submit

to the Commission discussed additional

comments

on any aspect CPSC

of the alternatives the following

In particular,

solicits

information: 1. The types currently sold and numbers of multi-purpose lighters

to consumers; and addresses of manufacturers and

2. The names distributors

of the product; of persons under injured or killed in :fires multi-

3. The number started purpose

by children lighters;

the age of 5 years

using

4. The circumstances deaths occur, including

under

which

these

injuries who

and started

the ages

of the children

-37-

the fires, the children descriptions

the ages obtained

of the victims, the lighters,

the locations and physical (including and models, if

from which

of the products

involved

identification available);

of the manufacturers

5. An explanation multi-purpose lighters

of designs

that

could

be adapted

to

to increase

their

child-resistance; could or should to the

6. Characteristics not be used requested to define

of the product which products

that might

be subject

rule; information rule; have been taken by industry or others to on the potential costs and benefits

7. Other

of the requested 8. Steps reduce the that

risk of injuries

from the product; of any significant economic

9. The likelihood impact on small

and nature

entities; to which consumers turn on the gas flow to ignite

10. The extent to appliances the appliance; 11. The multi-purpose multi-purpose likely

before

lighting

a lighter

or match

effects

on fire

incidents

and on the changes to

lighter lighters;

market

of possible

design

12. The results multi-purpose features

of any tests whether

on the child-resistance or not the lighter has

of

lighters,

intended

to increase

child-resistance;

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14. The reasons require repeated

why multi-purpose in order could

lighters to light,

sometimes and ways in t:his the

actuations

performance regard;

of the lighters

be improved

15. Designs repeated delaying and

of child-resistant of the lighter compared

lighters without

that would substantially

allow

actuations ignition

to non-child-resistant

lighters;

16. The costs requirement. Also, Commission

and benefits

of mandating

a labeling

in accordance solicits: comments

with

section

9(a) of the CPSA,

the

1. Written identified being

with

respect

to the risk

of injury

by the Commission, and other

the regulatory possible

alternatives for

considered,

alternatives

addressing 2. Any could

the risk. existing standard or portion regulation. to modify the risk or develop a of a standard which

be issued

as a proposed of intention to address with

3. A statement voluntary in this standard notice,

of injury

discussed

along

a description

of a plan

(including Comments copies, Safety

a schedule) should

to do so. preferably in five Consumer (5) Product or delivered Safety

be mailed,

to the Office Commission,

of the Secretary, D.C.

Washington,

20207-0001, Product

to the Office

of the Secretary,

Consumer

-39-

.

Commission, Maryland

Room

502,

4330 East-West

Highway, All than

Bethesda, comments [insert and date

20814;

telephone

(301) 504-0800. no later

submissions that

should

be received

is 60 days

from publication].

Sayde E. Dunn, Secretary Consumer Product Safety Commission

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