I am sponsoring a bill in Albany to ban novelty lighters in New York State. With this legislation, we can protect our families from accidental fires. There is, of course, no good reason for a child to handle a lighter and this legislation takes away those characteristics that are attractive to children. Quite simply, lighters are not toys and should not be made to look like toys. This important measure protects property and most importantly, it will save lives.
FASNY 1st Vice President Bob McConville, along with firefighter organizations, including the Firemen’s Association of the State of New York (FASNY), and the Office of Fire Prevention and Control (OFPC) joined me at a recent press conference with consumer advocates at the New York Public Interest Research Group (NYPIRG) to urge a ban on novelty lighters, flame-producing lighters that resemble kids’ toys, to prevent tragic fires started by children playing with objects that look identical to their playthings.
I thank the Firemen’s Association of New York for their support.
The groups recounted the tragic story of two Arkansas toddlers, 15-month-old Peyton Edwards and 2-year-old Breydon Edwards of Russellville, Arkansas, who died after setting fire to their apartment with a motorcycle-shaped lighter. Novelty lighters, like the one used in Arkansas, are designed to look identical to toys and are attractive to kids, as many of them resemble animals, cars, animated characters, and other typical children’s toys.
“Novelty lighters are easily accessible and sold in many convenience stores, gas stations, hardware stores and at other stores across New York State. But despite their bright colors and stylish designs, novelty lighters are extremely dangerous items that too often land in kids’ hands and, ultimately, lead to tragic, often fatal results,” said FASNY 1st Vice President Bob McConville. “We strongly urge our elected leaders and legislators to ban novelty lighters to keep our kids, families and homes safe – and to prevent senseless tragedies.”
We want to highlight the problem and educate parents and other shoppers about the dangers of these innocent looking, but potentially deadly products.
At the news conference the New York Office of Fire Prevention and Control, showcased several novelty lighters, including one that looked identical to a child’s tractor trailer toy, to underscore the potential dangers of these products.
“Novelty lighters are incredibly attractive to curious children because they look just like their toys,” said Brian Lupo, NYPIRG Consumer Advocate. “The toy-like appearance undermines the fire safety messages that parents and fire educators give to stay away from adult products that produce flames for grown-up uses. That’s why we're calling on the Legislature to join the other states that have banned these dangerous products. If New York doesn't get these off the shelves, sooner or later they’ll get into kids’ hands, and then it’s too late.”
There have been multiple instances of deaths, injuries, and fires due to novelty lighter use amongst children across the country. Overall, fifteen states have passed statutes that either totally ban novelty lighters or allow county and local jurisdictions to pass a ban. States that have altogether banned Novelty Lighters include; Maine, Massachusetts, Washington, Oregon and Hawaii. States that have passed a jurisdictional ban (done county by county) are: New Jersey, Virginia, N. Carolina, Tennessee, Arkansas, Mississippi, Louisiana, Utah, Nevada and Illinois.
“Commonly referred to as ‘novelty lighters,’ these toy-like devices naturally appeal to small children.” says State Fire Administrator Bryant D. Stevens. “Appearing to be harmless toys, novelty lighters have proven to be incredibly dangerous to young children and a ban, which is supported by firefighting, consumer and child safety groups alike, is the best way to keep these dangerous products out of the hands of youngsters.”
The firefighter associations and NYPIRG are urging that the sale of these dangerous toy-like lighters be made illegal in New York to prevent senseless, preventable tragedies. The groups support banning novelty lighters because it would ultimately lower the amount of fires started by children.
Sen. Jack Martins is the representative of New York's Seventh Senatorial District. He was elected to the State Senate in 2010 as a Republican from Mineola.
350 Fifth Ave. Suite 7105 New York, NY. 10118 Tel: 212-941-5483, Fax: 866-366-4213 E-mail: safetylighter@aol.com March 15, 2013 Re: Ban Novelty Lighters in New York My name is Lincoln Lin and service with Chairman of Product safety Association International, Below are several points outlining why banning novelty lighters is unreasonable and excessive. 1) Lighters are already currently being regulated within the United States since 1994. In June 1994, Consumer Product Safety Commission (CPSC) required that all disposable lighters and novelty lighters imported to the United States must be Child Resistant (CR). CPSC also revised the regulations and testing requirements for these lighters at the same time in order to provide guidelines and enforce the CR legislation. Since then, the total numbers of accidents and injuries involved with these lighters have been significantly reduced. CPSC has also proven that the CR legislation is successful and an effective way to reduce lighter-related accidents. Thus, the CR legislation is currently being enforced and promoted by CPSC. All novelty lighters are labeled with warning labels. Today, the city of New York is trying to prohibit the retail sales and distribution of
See http://edocket.access.gpo.gov/cfr_2007/janqtr/pdf/16cfr1210.2.pdf 2) There are many other more dangerous products currently in the US market posing more of a threat than novelty lighters, yet these products are not banned from distribution or sales. According to the supplementary documents and figures attached (see exhibit 1), there are at least twenty different types of products involved in different degrees of accidents from 1980 to 2008. The number of injuries and deaths of these accidents were ranging from 33 individuals to 210,310 individuals. These products are currently being distributed and sold in the US.
3) Majority of lighter injuries are cause by disposable lighters. Among the injuries and deaths caused by lighters, many of them were caused by disposable lighters and only a few accidents involved novelty lighters. Since the importation of novelty lighters, there are less than 5 documented cases we found involving death of accidents caused by novelty lighters. However, according to statistics there are at least 1,000 injuries yearly caused or involving disposable lighters. Also according to the data submitted by Lighter Association Inc. for petition CP 02-1 on lighter, requesting that ASTM F400 be adopted as a mandatory standard, that only three out of fifty-four lighters reports were novelty lighters…. Above records indicated that disposable lighter caused more accidents than novelty lighters and poses more risk than novelty lighters; nonetheless, why we do not ban the sales of disposable lighter yet we are trying to ban the sales of novelty lighter? See https://www.recalls.gov/library/foia/foia02/pubcom/Lighterspt1.pdf
The group of leading manufacturer and sale disposable lighters that member of Lighter Association Inc. is a strong advocate of banning novelty lighters. I strongly believed that this is because novelty lighters have recently capitalized more market shares in the past decade. In addition, advocate group have manipulated some naïve fire marshals to promote the ban of sales of novelty lighters. These groups think that once the sales of the novelty lighters without fears. On September 14, 2004, a hearing regarding petition CP 02-1 on lighter, requesting that ASTM F400 be adopted as a mandatory standard submitted by lighter association, was held at the CPSC headquarters. I and Hank Zhang were attend, The President of the National Association of State Fire Marshals (NASFM) was also being invited by the Lighter Association Inc. During the hearing, the President of NASFM has testimony: “Many fire marshals thought that most fire related accidents were caused by children playing malfunctioning lighters.” The representative officer from the CPSC by asking, “Could you name some of the fire marshals who thoughts so?” However, the President of NASFM could not even mention or none for replying the question. As a matter of fact, most of the fire related accidents were caused by heathers and cooking equipments. Therefore, the petition for mandatory testing on lighters under ASTM-F400 standards was rejected.(see Sep.15, 2004, The Wall Street Journal
After three years, the European Union prohibited the sale of novelty lighter in March 11, 2007, the main pusher was same as one of group from Lighter Association Inc. The Maine was first banned sale novelty lighter in states at March 24, 2008 that main supporting on effort is John Dean President of NASFM. The NASFM even adopted resolution in support of banning the sale and use of novelty lighters by nationwide at the association’s annual conference on July 11, 2007.
I am a member of the PSAI which promotes and supports product safety. While only a small amount of injuries and accidents are caused by novelty Lighters, these are still serious incidents which could have been prevented if certain measures or education were in place. I propose instead of banning the sales and distribution of novelty lighters we enact more regulations and education. I feel educational programs to educate adults and children regarding novelty lighters should be offered through the fire 5) Proactive steps instead of banning the sales and distribution of Novelty department. In Virginia, there is a proposal to enforce an age limit to purchase novelty lighters similar to the age limit to purchase beer and cigarettes. These would help keep novelty lighters out of children’s hands and make adult’s aware of the potential dangers of the product since you would need to be of legal age to purchase. I hope the points I’ve demonstrated above proves it’s unfair and unjust to completely ban the sale and distribution of novelty lighters. There will always be products which have the potential to harm, however we do not go to the extreme to ban all these products and cause end of none product to buy and use. *********************** Comments for against ban novelty lighters in New York.
(CPSC) is aware of at least 33 cases of children being injured from ingesting magnets. A 20 month-old died, and at least 19 other children from 10 months to 11 years old required surgery to remove ingested magnets. ** Reference:http://www.cpsc.gov/cpscpub/pubs/magnet.pdf** 2. Safety alert on preventing TV tip-overs. (CPSC) is estimates of at least 3000 cases of children being injured from TV tip-overs in 2005 and 36 death from 2000 to 2005. ** Reference:http://www.cpsc.gov/cpscpub/pubs/5004.pdf** 3. Home heating equipment top causes fire It is important to remember that about 120,000 residential fires still occur annually with the use of these heaters, or about 22 percent of all residential fires. These fires kill more than 600 people. Annually there are 1000’s of contact burn injuries and 100’s of carbon monoxide poisonings. ** Reference:http://www.cpsc.gov/cpscpub/pubs/556.html**
Cooking equipment is estimated to be associated with more than 100,000 fires annually, and almost 400 deaths, and 5,000 injuries. Gas cooking equipment accounts for about 30,000 fires, and electric cooking equipment for about 55,000 fires.** Reference: http://www.cpsc.gov/cpscpub/pubs/556.html** 5. Upholstered furniture In 1989, there were 18,600 residential fires associated with upholstered furniture; about 900 people lost their lives. About one half of these fires were caused by smoking materials. ** Reference:http://www.cpsc.gov/cpscpub/pubs/556.html** 6. Home Playground Equipment There were nearly 47,000 home playground related injuries – roughly 23 percent of reported injuries associated with all categories of playground equipment in 1999. A majority of injuries (81%) were related to falls from equipment.**Reference: http://www.cpsc.gov/volstd/homeplayground/homeplayground.html**
In 2005, there were an estimated 1,800 portable infant swing relatedinjuries treated in U.S. hospital emergency departments. CPSC alsohas reports of four swing-related infant deaths that occurred from 2001-2003. **Reference: http://www.cpsc.gov/volstd/bbyswings/bbyswings.html** 8. Baby Walkers In 1992, an estimated 25,700 children younger than 15 months of age were injuries associated with baby walkers. In 2005, there were an estimated 2,600 such injuries, there were two walker-related deaths for children under the age of 15 months reported to CPSC.**Reference: http://www.cpsc.gov/volstd/bbywalkers/bbywalkers.html**
In 2004, there were an estimated 210,300 toy-related injuries, 77% (161,100) of the injuries for 2004 were to children under 15 years of age, and 35 percent (72,800) were to children under 5. CPSC also has reports of 16 toy-related deaths in 2004.**Reference: http://www.cpsc.gov/volstd/toys/toys.html** 10. Portable Pools Approximately 280 children under 5 years old drown in pools each year nationwide and an additional 2200 are submersion incidents. Most of the incidents involve residential pools. Additionally, CPSC staff is aware of an average of 12 deaths per year (for 2003-2005) associated with inflatable pools.**Reference: http://www.cpsc.gov/volstd/inflatable/inflatable.html** 11. Portable Fans There were an estimated 4,500 fires associated with portable electric fans from 1990-1998. These fires resulted in more than 20 deaths, 270 injuries.**Reference: http://www.cpsc.gov/volstd/portablefans/portablefans.html**
Attended candle fires was an estimated 12,500 fires resulting in 110 deaths, 1,100 injuries, and $248.6 million in property loss annually.** Reference:http://www.cpsc.gov/volstd/candles/candles.html** 13. Inflatable Air Mattresses Since 2002, CPSC has received reports of 16 deaths, mostly infants younger than 8 months of age, who were placed to sleep on air mattresses.** Reference:http://www.cpsc.gov/volstd/airmattresses/airmattresses.html** 14. All-Terrain Vehicles In 2005, there were 467 deaths associated with ATVs reported to CPSC for that year. In addition, CPSC staff estimates that there were 136,700 emergency-department treated injuries associated with ATVs in 2005. ** Reference:http://www.cpsc.gov/volstd/atv/atv.html**
The number of bicyclists killed at night has increased from 304 to 372 per year. In 1975, the number of nighttime deaths accounted for 30% of the total number of bicyclists killed. By 1982 (the latest year for which complete data are available), nighttime deaths accounted for 42% of the total number of bicyclists killed.** Reference:http://www.cpsc.gov/cpscpub/pubs/5003.html** 16. Table Saws The estimated injuries associated with table saws averaged 29,000 per year from 1991 to 2000. Additional incidents injury estimates to be computed for 2001 (38,000 injuries) and 2002 (38,980 injuries).** Reference:http://www.cpsc.gov/volstd/tablesaws/tablesaws.html** 17. Paper shredder 2000 through 2005 CPSC received 50 incident of injuries were children under age 5.**Reference: http://www.cpsc.gov/CPSCPUB/PUBS/5127.pdf** 18. Hair Curling Irons Children under 5 years of age suffer approximately 7,700 burn injuries when they touched hot curling irons. **Reference: http://www.cpsc.gov/cpscpub/pubs/5029.html**
Children under 5 years of age suffer approximately 7,700 burn injuries when they touched hot curling irons. **Reference: http://www.cpsc.gov/cpscpub/pubs/5029.html** 18. Recliner Chairs Since January 1980, the CPSC has received reports of 8 deaths and several serious brain injuries to children involv-ing recliner chairs.**Reference: http://www.cpsc.gov/cpscpub/pubs/5071.html** 20.Household Batteries Can Cause Chemical Burns CPSC estimates that approximately 3,700 people a year are treated in hospital emergency rooms for battery-related chemical burns. Approximately 20 percent of people are children under the age of 16.** http://www.cpsc.gov/cpscpub/pubs/5088.html**