The sale of lighters in the United States is a bit of a grey area as it can fall under the umbrella of what the law may consider a ‘tobacco product’, this does not mean that it is necessarily illegal to purchase a lighter as a minor. Show
Quick take:
What age is it legal to buy a lighter?Is there an age limit for buying a lighter? Although it is legal in most areas of the United States for a minor to purchase a lighter, it is often at the discretion of the store selling it whether they deem it a ‘tobacco product’ or not. You can legally buy a lighter at any age from a merchant that is willing to sell it, however, selling a lighter to a minor may land the merchant in trouble in some spaces.
You may legally buy a lighter at any age. However, the United States Consumer Product Safety Commission requires lighter manufacturers to include child-resistant safety mechanisms in their products. Also, if a child uses a lighter to commit a crime, or if you sell a defective lighter, you may face civil action. Additionally many states have laws restricting the sale of ‘tobacco products’ to minors, this grey area can sometimes be enforced at a stores discretion – for example they may not sell a small cigarette lighter to minors, but may feel it is ok to sell a long nosed lighter. Can you buy a lighter under the age of 18?As mentioned, you may purchase a lighter or matches regardless of age. The reason for that is the FDA does not consider lighters or matches as tobacco products, meaning there are no regulations on the items. That said. Most states have expanded the list of tobacco products to include electronic pipes, electronic cigarettes, and electronic cigars. For example, under Alabama code section 28-11-13 “unlawful for minors to purchase, use, possess, or transport tobacco; tobacco products or alternative nicotine products,” it is unlawful for minors to quote:
In other words, if it is a nicotine product or byproduct, it should not be sold to kids. In some states this law is a bit more of a grey area as a cigarette lighter could fall under the category of ‘tobacco product’. What if a child commits arson? Is the store owner liable?If the product is defective, yes, you or the manufacturer could be liable. Why? Product liability laws are a set of rules that govern the sale, distribution, and manufacture of products. If you are a lighter manufacturer or retailer in the US, these laws require you to ensure the following standards:
What if you sell a lighter that does not meet these requirements to a minor?The sale or distribution of substandard lighters in the US is a violation of U.S.C act 15 USC. 2057 and 2068 (a)(1). The statute reads in part, quote:
It is also worth noting that under the act, it is unlawful to sell toys or products that are choking hazards to children. Lighters are a choking hazard, meaning if you sell one to a child, and the child chokes on it, you may face criminal charges and a civil lawsuit (depending on state law). What are the penalties for selling dangerous products to a child?Section 2069 “civil penalties” states that anyone who knowingly sells hazardous products to a child or violates prohibited acts mentioned in section 2068 is subject to civil penalties not exceeding $10000 for each violation. What to do if you or a child buys a defective lighterA defective lighter may ignite in your face, and it could be a choking or safety hazard. If you find yourself in this situation, you have the option to file a personal injury claim against the manufacturer or distributor. We recommend consulting with a product liability attorney before the statute of limitations expires. Remember, you must prove that the lighter was the cause of your injuries or property damage. Novelty lighters are illegal in Illinois?Under the Retail sale and Distribution of Novelty Lighters Prohibitions Act, it is unlawful in the state to sell lighters that are attractive to children. Consequently, if you are in Illinois, you should not sell lighters that have the following features to a child:
The state defines novelty lighters as, quote:
What is the penalty for selling novelty lighters to a child?Under section 720 ILCS 668/20 the penalty for selling novelty lighters to kids is a $500 fine for each offense. The section reads in part, quote:
Do you need id to buy a lighter? Not legally, but some stores may require it if they deem a lighter to be a ‘tobacco product’. Do you need to be 18 to buy a lighter? No. But legal experts recommend that retailers avoid selling lighters or other potentially dangerous products to children, so the store may sell it at their discretion. Some stores may even have policies in place where selling a cigarette lighter such as a Bic is not allowed, but they may sell a long nosed barbecue lighter to a minor. |