16 C.F.R. § 1210.3
Requirements for cigarette lighters
(a) A lighter subject to this part 1210 shall be resistant to successful operation by at least 85 percent of the child-test panel when tested in the manner prescribed by § 1210.4.
(b) The mechanism or system of a lighter subject to this part 1210 that makes the product resist successful operation by children must:
(1) Reset itself automatically after each operation of the ignition mechanism of the lighter,
(2) Not impair safe operation of the lighter when used in a normal and convenient manner,
(3) Be effective for the reasonably expected life of the lighter, and
(4) Not be easily overriden or deactivated.
Notes of Decisions
Cited in 15
cases, 2000–2013 · leading case: David Cummins v. BIC USA, Inc., 727 F.3d 506 (6th Cir. 2013).
David Cummins v. BIC USA, Inc., 727 F.3d 506 (6th Cir. 2013). “After nine days of trial, the jury deliberated for two hours before finding (1) that BIC had not knowingly or willfully violated the Consumer Product Safety Rule, 16 C.F.R. § 1210.3 (b)(4), in a way that was a substantial factor in causing CAP’s injuries; and (2) that the BIC…”
Phillips v. Cricket Lighters, 841 A.2d 1000 (Pa. 2003). “Although the United States Consumer Product Safety Commission promulgated regulations requiring that lighters subject to the provision "be resistant to successful operation by at least 85 percent" of the children tested, 16 C.F.R. § 1210.3 , the lighter involved in the instant…”
Cummins v. BIC USA, Inc., 835 F. Supp. 2d 322 (W.D. Ky. 2011). “” 16 C.F.R. § 1210.3 (b)(4). Accordingly, Plaintiff has asserted a design defect and failure to warn products liability claim on the grounds that the BIC J-26 lighter is unreasonably dangerous because the child safety feature can be easily deactivated, and had the child guard…”
Phillips v. Cricket Lighters, 883 A.2d 439 (Pa. 2005). “Although the United States Consumer Product Safety Commission promulgated regulations requiring that lighters subject to the provision "be resistant to successful operation by at least 85 percent" of the children tested, 16 C.F.R. § 1210.3 , the lighter involved in the instant…”
Phillips Ex Rel. Williams v. Cricket Lighters, 773 A.2d 802 (Pa. Super. Ct. 2001). “3 , which essentially requires a disposable butane lighter to be equipped with a mechanism that resets itself automatically after each operation and prevented eighty-five percent of the children in a test panel from igniting the lighter.”
BIC Pen Corp. v. Carter Ex Rel. Carter, 346 S.W.3d 533 (Tex. 2011). “See 16 C.F.R. § 1210.3 (a) (providing that a lighter subject to the CPSC requirements “shall be resistant to successful operation by at least 85 percent of the child-test panel”); Safety Standard for Cigarette Lighters, 58 Fed.”
Colon Ex Rel. Molina v. Bic USA, Inc., 136 F. Supp. 2d 196 (S.D.N.Y. 2000). “(ii) Plaintiffs’ Claims of Design and Manufacturing Defects With respect to the manufacture and design of the disposable and novelty lighters, 16 C.F.R. § 1210.3 states: *207 (a) A lighter subject to this part 1210 shah be resistant to successful operation by at least 85 percent…”
Frith v. Bic Corp., 863 So. 2d 960 (Miss. 2004). “16 C.F.R. § 1210.3 states in pertinent part: (a) A lighter subject to this part 1210 shall be resistant to successful operation by at least 85 percent of the child test panel when tested in the manner prescribed by 1210.”
Bic Pen Corp. v. Carter, 346 S.W.3d 569 (Tex. App. 2008). “See 16 C.F.R. § 1210.3 (a). BIC also noted that the standards mandated testing only on children under five years of age, see id.”
David Cummins v. BIC USA, Inc. (6th Cir. 2013). “After nine days of trial, the jury deliberated for two hours before finding (1) that BIC had not knowingly or willfully violated the Consumer Product Safety Rule, 16 C.F.R. § 1210.3 (b)(4), in a way that was a substantial factor in causing CAP’s injuries; and (2) that the BIC…”
Cummins v. BIC USA, INC., 628 F. Supp. 2d 737 (W.D. Ky. 2009). “BIC notes, for example, that the CPSC requires that lighters “shall be resistant to successful operation by at least 85 percent of the childtest panel” and that the child-resistant mechanism must “(1) Reset itself automatically after each operation of the ignition mechanism of…”
Bic Pen Corp. v. Janice M. Carter, Individually & as Next Friend of Brittany Carter, Jonas Carter, & Tarasha Gipson (Tex. App. 2008). “See 16 C.F.R. § 1210.3 (a). BIC also noted that the standards m andated testing only on children under five years of age, see id.”
— 16 C.F.R. § 1210.3(b)(4) — 1 case
Cummins v. BIC USA, Inc., 835 F. Supp. 2d 322 (W.D. Ky. 2011). “” 16 C.F.R. § 1210.3 (b)(4). Accordingly, Plaintiff has asserted a design defect and failure to warn products liability claim on the grounds that the BIC J-26 lighter is unreasonably dangerous because the child safety feature can be easily deactivated, and had the child guard…”
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