California lawsuit challenges chemical safety regulations

By John Hrabe | Cal Watchdog

California’s ongoing battle over new regulations has an interesting twist: a chemical company is asking a judge to keep in place an older tougher standard that’s been weakened by state regulators.

For nearly four decades, furniture manufacturers have been required to pass an “open-flame” test, which requires furniture be able to withstand 12 seconds of exposure to an open flame. As of January 1, a new regulation approved by the Department of Consumer Affairs, Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation took effect that requires a much-lower threshold of fire safety.

Known within the industry as Technical Bulletin 117, the open-flame test has been in place since 1975 and essentially served as the de facto national standard that “effectively required furniture manufacturers to inject flame-retardant chemicals into all upholstered furniture sold in the state.”