AMENDED IN ASSEMBLY SEPTEMBER 2, 2025

AMENDED IN SENATE MARCH 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

CHAPTER 235

Statutes of 2025

[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]

Introduced by Senator Archuleta

February 21, 2025

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An act to add Part 7.5 (commencing with Section 14945) to Division 12 of the Health and Safety Code, relating to public safety.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters using an 80% acceptance criterion with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards.

This bill would prohibit a person from selling, offering for sale, or distributing a lighter, as defined, or a lighting rod or gas match, that does not comply with specified ASTM International standards, except as specified. The bill would also prohibit a person from selling, offering for sale, or distributing a lighter that infringes on certain intellectual property rights, except as specified.

The people of the State of California do enact as follows:

SECTION 1.

Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:

Part 7.5. Counterfeit Lighters

14945.

(a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.

(2) Paragraph (1) does not apply to either of the following:

(A) The interstate transportation of counterfeit lighters or unsafe lighters.

(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.

(b) For purposes of this section, the following definitions apply:

(1) “Counterfeit lighter” means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.

(2) “Lighter” means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.

(3) “Unsafe lighter” means any of the following:

(A) A lighter used for igniting cigars, cigarettes, or pipes that does not comply with ASTM International Standard F400.

(B) A lighter used to ignite fireplaces, grills, or utilities that does not comply with ASTM International Standard F2201.

(C) A lighting rod or gas match that does not comply with ASTM International Standard F2201.