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Upholstered Furniture Fires: CPSC Proposes New Mandatory Standards

The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (2-0) to issue a notice of proposed rulemaking (NPR) on a new mandatory standard to address residential upholstered furniture fires. The goal of the proposed standard is to prevent ignition or slow the spread and intensity of upholstered furniture fires. These fires cost the U.S. about $1.6 billion each year. CPSC staff estimates the proposed standard, once fully effective, would prevent an estimated 100 deaths and 130 injuries every year.

“We represent victims of upholstered furniture fires and welcome any new standards that will prevent injuries and save lives. We recently settled a case involving an upholstered furniture fire that started in an apartment. In that case, a mother and her young son died,” said Fred Pritzker, a partner at our lawfirm. “Although we obtained a settlement of almost $3,000,000 dollars, no amount could compensate the family for the loss of these lives.”

“Fires involving upholstered furniture are a leading cause of fire-related deaths in U.S. homes,” said CPSC Acting Chairman Nancy Nord. “Stopping a furniture fire in its tracks or slowing its spread would buy consumers precious time to get out of their homes.”

Under the proposal, manufacturers could meet the performance standard by using smolder-resistant cover fabrics or interior fire resistant barriers to protect the furniture’s internal filling material which is the primary fuel in an upholstered furniture fire. The CPSC’s objective is to reduce the fire risk in upholstered furniture without requiring the use of fire retardant chemicals. Manufacturers will not be required to use chemicals to meet the proposed standard. In its environmental assessment, CPSC staff projects most manufacturers and importers would likely choose options that do not involve fire- retardants in fabrics or filling materials.

According to chairman Nord:
Importantly, the standard will address upholstered furniture fires without any
adverse impact on environmental safety and health. I am pleased that the NPR
addresses upholstered furniture fires without requiring the use of fire
retardant (“FR”) chemicals. I was concerned that a previous proposal would
require extensive use of FR chemicals and the health effects of some of these
chemicals are not well-understood. Therefore I directed the staff to try to
address the fire risk associated with upholstered furniture without encouraging
the use of FR chemicals. This NPR is a result of that work.
To contact Pritzker Ruohonen regarding a furniture fire, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.
Posted February 2008.

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