New York Joins Other States With Novelty Lighter Ban

Gov. Andrew Cuomo signed legislation last week aimed at protecting children from fire-related incidents. The law bans the sale and distribution of novelty lighters, or lighters with attributes that would cause them to be appealing to a child such as resembling a cartoon character, toy or gun or that produces flashing lights or audio effects.

Those selling or manufacturing the products have 90 days to discontinue their distribution or face fines ranging from $500 to $10,000. Lighters manufactured before 1980 and considered collector's items and refillable lighters with designs are not included in the law. Personal possession of a novelty lighter is not a punishable offense, but sale or distribution within the state is. Similar legislation has been passed in at least 14 states including neighboring states such as Massachusetts and New Jersey.

“We applaud Gov. Cuomo for signing this vital piece of legislation, which will protect countless children from the dangers of novelty lighters,” said Jim Burns, president of the Firemen's Association of the State of New York. “Too frequently these lighters end up in children's hands because of their toy-like qualities, often times with devastating results. Banning these items will go a long way towards keeping New Yorkers safe and preventing senseless tragedies.”

According to the Firemen's Association of New York, which represents more than 92,000 volunteer firefighters and emergency medical personnel, despite fire education services available for children, kids are still drawn to novelty lighters because of their misleading appearance, which makes it “difficult, if not impossible, to tell the difference between a toy and a novelty lighter, especially for a child.”

Since 1996, the Federal Consumer Product Safety Commission has recalled thousands of novelty lighters, saying they are a danger to public safety.

According to the new law, fires set by juveniles are the fastest-growing fire threat in the country. These fires kill more than 300 people a year, and 30 percent of fatalities are children. Cost of property damage caused by these fires is over $1 billion.

Assemblyman Jeffrey Dinowitz, D-Bronx, and Sen. Jack Martins, R-Minneola, sponsored the bill.

“The bill gained strong support after an incident in Arkansas in 2007 when two young boys died after playing with what they thought was a toy motorcycle but was actually a lighter,” Dinowitz said. “There's no question that this new law will prevent injuries and even save lives. Little kids are attracted to certain objects and a four or five year old would have no idea about the dangers they could present.”