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Ms. Sadye E. Dunn, Secretary
Office of the Secretary
U.S. Consumer Product Safety Commission
Washington, DC 20207
Mr. Donald S. Clark, Secretary
Office of the Secretary
Federal Trade Commission
6th and Pennsylvania Ave., N.W.
Washington, DC 20580
Consumers Union (CU) and Consumer Federation of America (CFA) support the National Association of State Fire Marshals' (NASFM) joint petition for rulemaking with the Federal Trade Commission ("FTC") and the Consumer Product Safety Commission ("CPSC").
CU and CFA believe that manufacturers and retailers of residential upholstered furniture should be required to pass along warning notices to consumers, notices similar to those which polyurethane foam producers provide to them advising of the flammability of polyurethane foam. We believe that the FTC has authority to require manufacturers and retailers to do so under Section 5 of the Federal Trade Commission Act, which includes in its definition of unfair trade practices the failure to warn users of products of dangers that might result from the use of those products. The CPSC has corollary authority to do so under section 4(a) of the Flammable Fabrics Act, which allows the agency to issue a "flammability standard or other regulation, including labeling, for a fabric, related material or product" ("related material" is defined in the Act as '…paper, plastic, rubber, synthetic film, or synthetic foam') if the CPSC determines that such a standard "is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage."
The fire hazards of polyurethane foam are serious. In just four minutes, a sofa fire can engulf an entire living room in flames, filling the home with dark smoke and toxic gasses. Temperatures can exceed 1400 degrees in this short period of time. Because upholstered furniture is one of the most flammable items in the home, consumers should be warned to keep sofas and chairs at safe distance from any electrical appliance or open flame. Home fires kill approximately 3,695 people each year, 1000 of them children 14 years and younger. CPSC's figures show that 16% or 590 of those deaths each year are attributable to upholstered furniture fires. Total annual injuries from upholstered furniture fires are 1,640, while property damage is estimated to be $253 million. (1996 Residential Fire Loss Estimates)
CU and CFA believe that most consumers have little knowledge or understanding of the flammability of upholstered furniture. We see no reason why consumers should not be afforded the benefits of a warning label advising them that their upholstered furniture has polyurethane foam inside and a description of that foam's flammable properties. Warning labels are valuable when they can help avoid hazards, and in the case of upholstered furniture, we think warning labels meet that test. Such a label would, we believe, help to address the absence of consumer knowledge and information in this area and promote safety in their homes.
While neither CU nor CFA have taken a position on whether treating the polyurethane foam inside furniture or treating the fabric that covers the furniture with flame retardant materials is the better approach, we find the data on fire deaths in the state of California compelling. California is the only state in the nation that requires flammability tests for upholstered furniture; those testing requirements appear to have resulted in a significant reduction in fire deaths associated with upholstered furniture. According to the National Fire Incident Reporting System and the California Fire Incident Reporting System, while the number of upholstered furniture deaths in the United States declined appreciably from 4.97 per million in 1980 to 3.04 per million in 1989, a decline of 39%, the number of fire deaths associated with upholstered furniture in California was 1.14 per million people in 1980; by 1989 that number had fallen to .41 per million, a decline of 64%. In light of California's requirements that the foam used in manufacture of upholstered furniture sold in that state meet specific flammability standards, any general warning label related to foam's flammability should acknowledge that furniture sold in California is treated with flame retardant as required by state regulations.
CU and CFA are on record in support of the CPSC's study of the problem of open flame ignition of upholstered furniture, and support, as well, the Commission's evaluation of the toxicity of chemicals used as fire retardants on upholstered furniture. The Commission, while currently in rulemaking on the issue, has not finalized a rule on treating upholstered furniture with flame retardant materials. Absent a national flammability standard for upholstered furniture, CU and CFA believe that American consumers should be afforded basic warnings about the flammable properties of the foam inside their upholstered furniture.
CU and CFA, therefore, support the petition submitted by the National Association of State Fire Marshals requesting that the Federal Trade Commission and the Consumer Product Safety Commission open rulemaking to require upholstered furniture manufacturers to attach labels to their products warning consumers about the dangers from fire posed by the foam inside their furniture.
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June 3, 1999 |
Respectfully submitted, |
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_________________________________ Sally Greenberg Mary Ellen Fise |
