How old do you need to be to buy a lighter?

We are currently reviewing our tobacco control laws. Find out more about our legislation review process.

Advertising laws

The Tobacco Advertising Prohibition Act 1992 bans any advertising in Australia that may encourage or persuade people to smoke or use tobacco products.

Most state and territory governments also have laws that restrict tobacco sponsorships, point-of-sale advertising and the retail display of tobacco products.

Find out more about advertising bans.

Tobacco packaging laws

Under the Tobacco Plain Packaging Act 2011, all tobacco products in Australia must be in plain packaging. This means that packaging must be in a certain colour and cannot display logos, brand images or promotional text. There are also restrictions on how brand names appear.

Find out more about plain packaging.

Under the Competition and Consumer (Tobacco) Information Standard 2011, all tobacco products must also display certain text and graphic health warnings.

Find out more about the health warnings.

Mandatory standard for reduced fire risk cigarettes

All cigarettes manufactured or imported into Australia must comply with the mandatory standard for reduced fire risk.

The standard is set out in the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008.

Taxes

The Australian Government taxes tobacco products to make them less affordable through excise on tobacco products.

The tobacco excise rate is indexed based on average weekly ordinary-time earnings (AWOTE). This helps to ensure that tobacco products do not become more affordable over time.

The Treasury is responsible for excise tax policy in Australia.

To find out more, go to pricing and taxation of tobacco products on the Tobacco in Australia website.

Smoke-free laws

State and territory governments are mainly responsible for smoke-free laws in Australia. Smoke-free laws:

• protect people from second-hand smoke,
• encourage people to quit smoking
• help to de-normalise smoking in the community

In all states and territories, it’s illegal to smoke in enclosed public places including:

• public transport such as trains, planes and buses
• office buildings
• shopping malls
• schools
• cinemas
• airports

There are differences in laws in each state and territory, including:

• how exemptions are given
• laws on smoking in outdoor areas

In all states and territories in Australia, it is also illegal to smoke in a car when a minor is inside. A minor is someone under the age of 16, 17 or 18 – it depends on the state or territory you are in.

To find out more, visit the Youth Law Australia website and select the state you are in.

Illicit tobacco

The Australian Government has laws and measures in place to reduce the illicit tobacco trade.

In August 2018 the Treasury Laws Amendment (Illicit Tobacco Offences) Act 2018 came into effect. Illicit tobacco manufacturers or producers face up to 10 years imprisonment and heavy fines if caught.

In July 2018, the Illicit Tobacco Taskforce (ITTF) was set up to combat the illicit tobacco trade.

E-cigarette laws

In Australia, it is illegal to sell or buy nicotine for use in e-cigarettes, unless they are being supplied or accessed through a prescription.

In most states and territories, it is also illegal to use e-cigarettes in places where smoking is illegal. Find out more about e-cigarette laws in your state or territory:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia.

Other laws

Duty-free tobacco

There is a limit to the amount of tobacco you can bring into Australia. For details, see duty-free concessions on the Australian Border Force website.

Smokeless tobacco products

It is illegal to commercially import or sell smokeless tobacco products in Australia – this includes oral snuff, tobacco paste and powder and chewing tobacco.

Age limits

It is illegal to sell or supply tobacco products to young people under the age of 18. In some states, the police can confiscate your cigarettes or other tobacco products if they think you are under 18. To find out more, visit the Youth Law Australia website and select the state you are in.

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.

Quick take:

• There is no age restriction on the sale of lighters or matches in the US, however many stores will not sell to minors.
• Non-novelty lighters that meet child safety requirements such as these Bic Lighters can be purchased on Amazon
• It is unlawful to sell novelty lighters to children in some states such as Illinois
• Selling substandard lighters or lighters that lack child-resistant mechanisms is unlawful in most states.
• Victims of defective lighters may file a personal injury claim.
• It is unlawful to sell choking hazards to children.
• If you sell a choking hazard to a child, you may face a “choking hazard lawsuit.”

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.

Note: You can buy Bic Lighters in bulk on Amazon at any age.

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:

“To purchase, use, possess, or transport tobacco, tobacco product, or alternative nicotine product within this state. It shall not be unlawful for a minor employee of a tobacco, tobacco product, or alternative nicotine product permit holder to handle, transport, or sell tobacco, tobacco product, or alternative tobacco product if the minor employee is acting within the line and scope of employment and the permit holder, or an employee of the permit holder who is 21 years of age or older, is present.”

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:

• At least 85% of children who tested the product must not be able to make the lighter work.
• The child-resistant safety mechanism built into the lighter must reset whenever someone uses the product.
• The lighters’ child resistance mechanism must work properly for the expected life of the product.
• The child resistance mechanism must not be easy to override.

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 shall be unlawful for any person to— (1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission”

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 lighter

A 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:

• A lighter that has a toy-like design
• Flashing lights
• Musical sounds
• Attractive visual designs

The state defines novelty lighters as, quote:

“Novelty lighter” means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that are designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage, or similar articles, or that plays musical notes, or has flashing lights, or has other entertaining features.”

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:

“A person who is employed as a clerk by a retail establishment shall not violate this Act unless he or she sells a novelty lighter with the intent to violate this Act.”

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.

Can I buy a lighter at 16 UK?

Do you have to be 18 to have a lighter?

Can you buy a lighter under 18 Aus?

Can a 13 year old buy a lighter UK?