California Prohibits Sale of “Unsafe” Lighters

On October 1, 2025, California joined Tennessee, Virginia, Wisconsin, and Connecticut in requiring all cigarette and utility lighters to meet safety requirements set forth in industry consensus standards, ASTM F400 - Standard Consumer Safety Specification for Lighters and F2201 - Standard Consumer Safety Specification for Utility Lighters. The California Unsafe Lighter Act, which will go into effect January 1, 2026, covers all cigarette, pipe, and cigar lighters, as well as multi-purpose lighters, grill lighters, fireplace lighters, lighting rods, and gas matches sold and distributed in the state. The Act also prohibits the sale of counterfeit lighters.

Current Requirements

Federal law requires that disposable and novelty cigarette lighters and multi-purpose lighters be tested and certified to meet certain performance requirements intended to make the lighters resistant to successful operation by children younger than five years of age.¹ Existing California law similarly requires that such cigarette lighters (excluding refillable cigarette lighters) meet requirements for child resistance, and is enforced by the California Office of the State Fire Marshal.² Violations of code section 14942 are punishable by a fine of up to $100 for each lighter sold in violation of the law.³

New Requirements

Beginning on January 1, 2026, the California Unsafe Lighter Act, which will be codified at section 14945, will require that all lighters, including cigar, pipe, disposable and refillable cigarette lighters, and multi-purpose lighters sold or distributed in California meet the safety requirements of ASTM F400 and F2201. More specifically, ASTM F400 and F2201 (1) prescribe limitations on flame heights, (2) prohibit spitting, sputtering, or flaring, (3) prescribe fixed times for extinguishing a lighter’s flame, (4) provide requirements for a drop test to ensure that lighters are structurally sound, (5) require elevated temperature testing to ensure the lighter reservoir will not leak, and (6) require lighters to be accompanied by instructions, warnings, or both, that explain proper use.

The Act does not contain a penalty provision similar to that found at code section 14943 for violations of the cigarette lighter child-resistance requirements. Instead, a violation of the California Unsafe Lighter Act could be subject to public or private enforcement actions under California’s Unfair Competition Law.⁴

To help ensure compliance with the new law, California retailers and distributors purchasing lighters should request documentation that demonstrates proof of compliance with the appropriate safety standards listed above, as well as any applicable federal regulations (16 CFR Part 1210 or 16 CFR Part 1212). Federal law also requires that every manufacturer, private labeler, or importer of a disposable or novelty cigarette lighter or multi-purpose lighter distributed in commerce issue a certificate that such product conforms to the applicable standard and base the certification upon a test of each item or upon a reasonable testing program.

For questions about product safety matters, please reach out to the authors of this Blog or any of their colleagues on Arnold & Porter’s Consumer Product Safety team.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.