+jedimaster1104 I'm not Brian, but I think I know the answers to those.
1. Probably not (though I don't know for a fact). Most lighters aren't waterproof, and considering the price tag on this is only $15, it would really surprise me if this was waterproof, too.
2. It has to. There are a whole lot of legal issues that arise from selling people fire and not telling them how to use it properly.