The EU ban on novelty lighters and non-child-resistant cigarette lighters has been extended until 11 May 2010 by Decision 2009/298/EC (1). The original ban applied from 11 March 2007 (1), as a temporary measure under Article 13 of the General Product Safety Directive 2001/95/EC, which can only remain valid for up to 1 year, but may be extended.

Novelty lighters were banned because of the greater likelihood that children would be attracted to and play with them. Prior to the ban, EU estimates for fire-related accidents caused by children playing with lighters were between 1,500 and 1,900 injure and 34 to 40 fatalities.

Banned novelty lighters, including holders clearly intended to hold a lighter, are those resembling n object that is appealing to o intended for children under 51 months of age or have entraining audio or animated effects. This Definition based on clause 3.2 of EN13869:2002. Examples of novelty lighters are hose which:

• Resemble:

  • Seasonal and cartoon characters (e.g. Santa Claus, Halloween witches etc)
  • Toys
  • Guns
  • Animals
  • Food or drink
  • Watches
  • Telephones
  • Electronic equipment
  • Musical instruments
  • Vehicles or parts of vehicles
  • Human body or parts of the human body
  • Buildings
  • Tools
  • Furniture
  • Household appliances
  • Sport equipment
    
    

• Play musical notes

  • Have flashing lights

  • Include moving objects

  • Have other entertaining features or attachments

To be allowed onto the EU market other lighters shall comply with the following requirements:

• EN ISO 9994 Lighters - Safety specification
• EB 13869 - Lighters - Child-resistance for lighters - Safety requirements and test methods

As this ban is aimed at cheap, disposable lighters there is an exemption for higher quality lighters that are expected to be less accessible to children, if they meet certain criteria:

• Refillable
• Accompanied by a written guarantee of at least two years
• Expected lifetime of at least 5 years
• Parts can be repaired or replaces at a service centre in the EU

The EU has issued two guidance documents as Joint Market Surveillance Action on Child-resistance Lighters and Novelty Lighters Inventories (1), showing some examples of novelty and non-novelty lighters. Please note, these documents are not legally binding, such that national enforcement authorities may disagree, but in any case only the courts can ultimately decide.

Should you have any queries on the above information, please contact:
Richard Smith, tel: +44 (0)116 263 9620 / fax: +44 (0)116 b282 4586 / email: Richard.smith@intertek.com

(1) OJ L 81, 27.3.2009, p.23, download at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:081:0023:0023:EN:PDF

(1) Decision 2006/502/EC, downloaded at

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:198:0041:0045:EN:PDF

(1) Joint Market Surveillance ACTION ON Child-resistant Lighters and Novelty Inventories can be downloaded ads follows:

Novelty lighters,

http://ec.europa.eu/consumers/safety/prod_legis/inventory_novelty_lighters_nov_2008.pdf

Non-novelty lighters,

http://ec.europa.eu/consumers/safety/prod_legis/inventory_non-novelty_lighters_nov_2008.pdf

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