Flame Retardant Mfr Sues Over TB-117 Revision

Chemtura, a leading manufacturer of flame retardants and other chemicals, filed suit earlier this year regarding the recent revision to the decades-old Technical Bulletin 117 (TB-117), reported the San Francisco Chronicle.  TB-117-2013 revises TB-117 in such a way that furniture manufacturers may no longer have to douse their products in carcinogenic flame retardant chemicals.

Previously, TB-117 required that the foam padding inside upholstered furniture sold in California be able to withstand an open flame test, which led many furniture manufacturers to treat their products with flame retardants.  The flame retardants migrated from the furniture and into household and office dust, where it entered people’s bodies.  Since 1975, when TB-117 was adopted, a Chicago Tribune exposé has led many to question the efficacy of these flame retardants, especially since they have been shown to have adverse health effects, including developmental harm and increased risk of cancer.

In the revision, furniture sold in California are now subject to a smolder test on the upholstery rather than the foam padding within.  It eliminates the need for toxic flame retardants and, according to officials, will maintain or even improve consumer safety.  TB-117-2013 will take effect in the beginning of 2015.

Chemtura alleges that the standard weakens fire safety and that the number of fires caused by small, open flames is significant.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.