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Ban Sought on Children’s Goods, Furniture, Electronic Devices Using Certain Flame Retardant

Wednesday, August 19, 2015
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission has received a petition requesting that it initiate a rulemaking under the Federal Hazardous Substances Act to declare several categories of products containing additive organohalogen flame retardants to be banned hazardous substances. Comments on this petition are due no later than Oct. 19.

The petition asks the CPSC to declare that (1) any durable infant or toddler product, children’s toy, child care article or other children’s product (other than children’s car seats) that contains additive organohalogen flame retardants is a banned hazardous substance, (2) any article of upholstered furniture sold for use in residences and containing additive organohalogen flame retardants is a hazardous substance and a banned hazardous substance, (3) any mattress or mattress pad with additive organohalogen flame retardants is a hazardous substance and a banned hazardous substance, and (4) any electronic device with additive organohalogen flame retardants in its plastic casing is a hazardous substance and a banned hazardous substance.

The petitioners assert that additive organohalogen flame retardants are inherently toxic but are used extensively in these consumer products. They further state that a ban must apply to the entire class of additive organohalogen flame retardants and that any action short of a ban would not adequately protect public health and safety.

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