California Proposition 65 - New Flammability Standards for Foam-Cushioned Upholstered Furniture

HONG KONG, China - Oct. 17, 2013 - PRLog -- Since its enactment, there have been numerous lawsuits which resulted in the reduction of carcinogenic and reprotoxic chemicals by reformulations of consumer products containing such chemicals (1)

Proposition 65 for Consumer Product Safety

On 28 October 2011, the flame retardant tris-(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-8, TDCPP) was incorporated onto the Prop 65 list as a chemical that is known to cause cancer (2). Once a chemical is listed, businesses have 12 months to provide a ‘clear and reasonable warning’ before knowingly and intentionally exposing any person to a listed chemical, including TDCPP (3). The warning can be provided by a number of means, such as labeling on the consumer product or by posting signs at the workplace.

In May 2013, SGS informed you that a Prop 65 consent agreement was reached for the flame retardant TDCPP in polyurethane foam-cushioned pads for children and infants to lie on, such as rest mats. The consent agreement listed 13 flame retardants, two of which are on the Prop 65 list (TDCPP and TCEP (4)) (5) .

Compliance Requirements for Flame Retardants in Upholstered Furniture

In June 2013, a Prop 65 consent judgment was concluded for halogenated or phosphorus-based flame retardants, including TDCPP, in foam-cushioned upholstered furniture.  Under the consent agreement, the flame retardant TDCPP is prohibited in foam-cushioned upholstered furniture on an interim basis.  This interim compliance requirement remains in effect before the effective date of the Technical Bulletin TB 117-2013 ‘Requirements, Test Procedures and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture’ released by the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI)(6). The final compliance requirement is the prohibition of halogenated or phosphorus-based flame retardants, including TDCPP, in foam-cushioned upholstered furniture. The effective date for final compliance is the effective date of TB 117-2013.

Highlights of the consent agreement are summarized in Table 1 (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/0...) within the latest SafeGuards bulletin (SafeGuard No.177/13). It should be noted that the provisions of this consent agreement are binding upon the parties named therein, and other businesses are held only to chemicals on the Proposition 65 list, of which TDCPP is one of three flame retardants.  Tris[2,3-dibromopropyl] phosphate (TRIS) and tris[2-chloroethyl] phosphate (TCEP) are the others.

References:

(1) Prop 65, Office of Environmental Health Hazard Assessment (OEHHA), (http://oehha.ca.gov/prop65.html)

(2) Safe Drinking Water and Toxic Enforcement Act Of 1986 (http://oehha.ca.gov/prop65/prop65_list/files/P65single072...)

(3) What is Proposition 65? (http://oehha.ca.gov/prop65/background/p65plain.html)

(4) Tris-(2-chloroethyl) phosphate (CAS 115-96-8)

(5) SafeGuards 070/13, (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-07013-california-prop-65-settlement-to-regulate-flame-retardants-a4-en-13.pdf)

(6) SafeGuards 169/13 and references therein, (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-16913-california-modifies-the-fire-safety-standards-for-upholstered-furniture-a4-en-13.pdf)

About SGS Furniture Testing Services

Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy, in consumer products for compliance with Prop 65 (http://www.sgs.com/en/Consumer-Goods-Retail/Hardgoods/Home-Furnishings-and-Houseware/California-Proposition-65.aspx) and worldwide requirements.

Please do not hesitate to contact the SGS experts for further information.

Contact details:

SGS Consumer Testing Services
HingWo Tsang
TJP Information and Innovation Manager
SGS Hong Kong Ltd.
5/F Manhattan Centre
8 Kwai Cheong Road
Kwai Chung, NT, Hong Kong, China

t: +852 2774 7420
Email: cts.media@sgs.com
Website: http://www.sgs.com/en/Consumer-Goods-Retail/Hardgoods.aspx

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 75 000 employees, SGS operates a network of over 1 500 offices and laboratories around the world.