Seven States Introduce Laws to Limit Use of Toxic Flame Retardants

Posted: 04/11/2013  browse the blog archive

Rising public concern and the Chicago Tribune’s investigative series on the toxic nature of common flame retardants found in upholstered foam furniture has given rise to new state legislation aimed at restricting or banning these flame retardant chemicals, Prop 65 News reported recently.

California, Connecticut, Maryland, Massachusetts, New Jersey, Vermont, and Washington have all introduced legislation that would ban or restrict the use of flame retardant chemicals known as chlorinated Tris (including TDCPP and TCEP), with a few directed at other flame retardant chemicals such as PBDEs and decaBDE.  Many of the proposed bills ban the use of specific flame retardant chemicals in children’s and infant care products.  These flame retardant chemicals are released from the furniture and end up in household dust, which is then swallowed by pets, children, and adults.

The flame retardant chemicals TDCPP, TCEP, and TDBPP have been designated by the State of California as known to cause cancer.  Under Proposition 65, consumer products containing chemicals known to cause cancer cannot be offered for sale in California unless a health hazard warning is provided.  The Chanler Group’s citizen enforcer clients have issued dozens of 60-Day Notices of Violation to furniture manufacturers and retailers, alleging the manufacture and sale of products containing TDCPP or TCEP in California without the required health hazard warning.

A proposed revision to California’s Technical Bulletin 117, governing fire safety standards in furniture, may lead to reform in the furniture manufacturing industry.  At present, TB-117 requires that all upholstered foam furniture be able to withstand 12 seconds of a small open flame, such as from a candle.  The revision, TB-117-2013, proposes changing the fire safety standard to require a smolder test on the upholstery rather than an open flame test on the foam, and may lead to a decrease in flame retardant chemicals in residential furniture.

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.