Competition and Consumer Act 2010 - Consumer Protection Notice No. 18 of 2011 - Permanent ban on toy-like novelty cigarette lighters

This instrument imposes a permanent ban on a specific category of cigarette lighters. It is not a general rule about all lighters. It targets toy-like novelty cigarette lighters that may attract very young children because they appear to be toys.

The notice states that it is made under subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010. The goods covered are devices intended to produce a flame to set alight cigarettes or other combustible material and that are likely to be appealing to children under 5 years of age by appearing to be a toy. The notice says this must be assessed by taking into account the totality of the design.

The wording matters because the test is based on the overall appearance of the product. A business cannot assume a lighter is outside the ban just because it is sold in an adult retail setting, described as a novelty item, or packaged as a smoking accessory. If the overall design makes it likely to appeal to children under 5 by appearing to be a toy, it falls within the banned description.

The ban is relevant across the supply chain. It matters to businesses that import lighters, manufacture them, source them from suppliers, distribute them, sell them in stores, or list them online for Australian customers. It also matters to businesses that do not mainly trade in smoking products but still carry lighters as convenience items, impulse purchases or novelty goods.

That means the notice can affect convenience stores, supermarkets, tobacconists, gift shops, novelty retailers, online stores and marketplace sellers. It also matters to internal teams that approve products, manage supplier relationships, create listings or review product images. If your business has any role in deciding whether a lighter is supplied in Australia, this notice should be part of your product review process.

The notice does not set out a technical standard with measurements or laboratory criteria. Instead, it uses a design-based description. The first question is whether the product is a device intended to produce a flame to light cigarettes or other combustible material. If it is, the next question is whether, looking at the totality of the design, it is likely to be appealing to children under 5 years of age by appearing to be a toy.

The notice gives examples of design features that may point in that direction. It says the design may depict stylised animals or cartoon characters, or be of colours, or of a scale, typical of toys. These examples are useful warning signs for buyers and sellers. They show that the assessment is not limited to one feature such as shape alone. Colour, size and the overall toy-like impression can all matter.

For businesses, the practical point is to assess the whole product as it would be seen by an ordinary observer. Do not focus only on the product name or supplier description. A lighter may still be caught if its overall look and feel resembles a toy and is likely to appeal to children under 5.

The main trigger point is before supply. Businesses should check products before ordering, importing, accepting delivery, approving a product line, publishing an online listing or placing stock on shelves. If the product falls within the banned description, it should not move further through the supply chain.

Another trigger point is product range review. Businesses that carry novelty items, gift products or impulse-purchase accessories should pay particular attention because toy-like styling is more likely to appear in those categories. Product photos, supplier catalogues and physical samples should all be reviewed against the wording of the ban.

Existing stock should also be checked. A long-standing product can still create a compliance issue if it has not previously been assessed against the notice. The ban is permanent, so it should be built into routine stock and listing reviews rather than treated as a one-off check.

The core obligation is simple: do not supply goods that fall within the banned description. Because the notice is framed as a permanent ban, compliance depends on preventing those products from entering or remaining in your sales channels.

In practice, that means checking lighter designs before import, manufacture, distribution or sale. It also means rejecting products that appear toy-like under the notice, even if a supplier markets them as novelty items for adults. Businesses should make sure staff involved in buying, merchandising and online listing understand that the legal test turns on the totality of the design and likely appeal to children under 5.

The notice also includes a note that goods subject to the notice and failing to comply may be subject to compulsory recall. So if a banned product is identified after it has been supplied or listed, the business should act quickly to stop further supply, remove the item from sale channels and trace affected stock. The notice itself does not set out a penalty table or detailed recall procedure, so this page focuses on the scope of the ban and the practical need to prevent supply of banned goods.

Although the notice is about the goods themselves, businesses should review the documents and conduct surrounding those goods. Supplier catalogues, product photos, sample approval notes, internal buying records and online listings can all help show whether a lighter has a toy-like presentation. These materials are often where child-appealing design cues become obvious.

For example, if a product image shows a lighter with a cartoon-style appearance, stylised animal design, or toy-like colours, that should trigger a closer review before the product is approved for sale. The same applies where the product is scaled in a way that resembles a toy. The notice does not require a special form of record keeping, but maintaining a clear internal review trail is a practical way to apply the ban consistently across the business.

Businesses with multiple sales channels should also make sure the same decision is reflected everywhere. A product rejected for store sale should not remain live on a website or marketplace listing. Consistency across purchasing, warehousing, merchandising and ecommerce teams is important because the ban applies to the goods, not just to one sales channel.

The Federal Register of Legislation lists this instrument as in force. The register entry shows 10 February 2011. The notice itself is dated 1 February 2011. For practical business use, this means the ban has been a long-standing permanent rule since 10 February 2011.

when making a live compliance decision, businesses should still check the current register entry and the latest version of the instrument. The register is the authoritative place to confirm that the notice remains in force and to read the exact legal wording.

This page is based on the Federal Register of Legislation entry and the text of Consumer Protection Notice No. 18 of 2011. The notice states that it imposes a permanent ban on toy-like novelty cigarette lighters and that it is made under subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010.

The notice includes a note that goods subject to the notice and failing to comply may be subject to compulsory recall. It does not provide penalty amounts, enforcement figures or examples of regulator action, so those matters are not expanded on here.