CPSC Considers Whether to Make ASTM Standard for Cigarette Lighters Mandatory, Etc

This ANPR stems from a November 2001 petition from the Lighter Association, Inc. which asked the CPSC to adopt the voluntary "Standard Consumer Safety Specification for Lighters" (ASTM F-400) as a mandatory standard under the Consumer Product Safety Act (CPSA). See BP note below for further details.

CPSC Outlines Possible Regulatory Alternatives to Reduce Injury Risks

According to the CPSC, this ANPR is the first step of a proceeding that could result in a mandatory rule to address the mechanical malfunction of cigarette lighters. The CPSC states that one or more of the following alternatives could be used to reduce the identified risks associated with mechanical malfunctions of cigarette lighters:

Mandatory standard. The CPSC could issue a rule specifying certain performance requirements that cigarette lighters must meet. (These requirements could be based on ASTM F-400 (see BP note below).)

Mandatory labeling rule. The CPSC could issue a rule requiring specified warnings or instructions for cigarette lighters.

Voluntary standard. If the CPSC determined that ASTM F-400 is adequate to address the risk of injury associated with the product and that substantial compliance with it is likely, the CPSC could defer to the voluntary standard in lieu of issuing a mandatory rule. CPSC sources explain that the CPSC is required by law to defer to such voluntary standards when high conformance is found.

Reliance on recalls. The CPSC states that another alternative is for it to take no regulatory action, but to pursue corrective actions of cigarette lighters on a case-by-case basis using its authority under section 15 of the CPSA (15 USC 2064).

CPSC adds that all interested parties are invited to submit to the CPSC their comments and submissions on any aspect of these alternatives (see ANPR for topics on which CPSC is interested in receiving comments) by June 10, 2005.

After considering any comments submitted in response to this ANPR, the CPSC states that it will decide whether to issue a proposed rule and preliminary regulatory analysis in accordance with section 9(c) of the CPSA.

CPSC Contact - Rohit Khanna (301) 504-7546

CPSC ANPR (FR Pub 04/11/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7106.pdf

BP Note on Background & ASTM F-400

In November 2001, the Lighter Association (an organization of U.S. lighter manufacturers and distributors) petitioned the CPSC to institute a rulemaking to adopt ASTM F-400 as a mandatory consumer product safety standard under sections 7 and 9 of the CPSA. In its petition, the Lighter Association argued that ASTM F-400 has the force and effect of law in Canada and Mexico, but that because it is only a voluntary standard in the U.S. and is therefore not enforced by the CPSC, millions of lighters that fail to comply with it enter the U.S. market every week, particularly from China and other Asian countries.

The Lighter Association's petition also stated that ASTM F-400 sets forth safety criteria or tests regarding: flame control and flame height adjustment; spitting, sputtering, or flaring; flame extinction; ability to withstand being dropped; ability to withstand extended burning time and temperature; internal pressure or volumetric displacement; fuel leakage resulting from refilling (if applicable), etc. (The CPSC's current mandatory consumer product safety standard on certain disposable and novelty cigarette lighters (16 CFR Part 1210) only requires such lighters to meet certain child-resistance criteria.) See ITT's Online Archives or 01/24/02 news, 02012425, for BP summary of this petition.)