This section covers recent developments, including legislative, regulatory, recalls, and litigation filings and settlements relating to issues of fire and flammability.
In September, 2000, Foster & Foster filed a furniture flammability lawsuit in the U.S. District Court for South Carolina against the manufacturer of a BenchCraft sofa, Universal Furnishings, LTD and it's parent corporation, Lifestyle Furnishings International, on behalf of the estates of two persons killed in a residential home fire in Anderson, South Carolina. The suit alleges that the couch, containing flammable polyurethane foam and ignited by a small child playing with a cigarette lighter, rapidly accelerated the growth and spread of the fire, causing the two deaths as well as two other inhalation and burn injuries.
CPSC Report shows 43% decline in deaths from lighter fires.
NRC Health Risk Study of Fire Retardant Chemicals
In 1993 the National Association of Fire Marshals petitioned CPSC to issue a performance based flammability standard for residential upholstered furniture to reduce the risk of residential fires. If promulgated, most residential upholstery fabric would be back coated or treated with flame retardant (FR) chemicals. In 1999, CPSC commissioned the National Academy of Sciences National Research Council (NRC) to conduct a study concerning health risks posed by exposure to FR chemicals that are likely to be used in residential upholstered furniture, identifying sixteen (16) separate chemicals. The study was completed and the results were released in the summer of 2000.
The NRC found that the following FRs could be used on residential furniture with minimal risk, even under worse case assumptions:
- hexabromocyclododecane
- decabromodiphenyl oxide
- alumina trihydrate
- magnesium hydroxide
- zinc borate
- ammonium polyphoshates
- phosphonic acid
- taktrakis hydroxymethyl phosphonium salts
Mattress Flammability
The Consumer Products Safety Commission met with Margaret Neily of Engineering Science Company, National Institute of Standards and Testing on April 4, 2000, to discuss issues relating to the proposed open flame mattress flammability test. On 3/10/00, the CPSC issued Final/Amendments to Standards for flammability of mattresses and mattress pads. (65 FR 12935).
Gas Fired Appliances
On April 12, 2000, Donald Switzer, Engineering Sciences, met with ANSI Z21 Committee Chairman's Advisory Committee to discuss safety standards for gas fired appliances.
On Tuesday, August 3rd, Donald Switzer of Engineering Sciences met with the ANSI Board of Standards review to participate in the national Propane Gas Association appeal of the adoption of the flammable vapor ignitions resistance test methodology for gas fired water heaters.
Furniture Fire Safety Act
U.S. House member DeLauro introduced a bill March 8, 2000, to add the "Furniture Fire Safety Act" to the Consumer Product Safety Act. The bill would require all residential furniture shipped in interstate commerce to have stern warning labels concerning the flammability hazard of polyurethane foam and would require furniture to be flammability performance tested in compliance with the standards set forth in California Bureau of Home Furnishings Technical Bulletin, Number 117 and Number 116. The standard would take effect two years from passage. This bill was referred May 3, 2000, to the House Subcommittee on Telecommunications, Trad and Consumer Protection.
CPSC Briefing Package on Upholstered Furniture Flammability
CPSC prepared an extensive briefing package on the furniture flammability issue in response to the petition filed by the National State Fire Marshall's Association in 1994 to require safer furniture. This package can be viewed by clicking above and downloading with Adobe Acrobat Reader.
Flammable Clothing
On December 9, 1999, The Gap recalled 231,000 pairs of children's polyester pajamas, Style Numbers 353558, 353554, 733002, 733032, 466291, and 674060, when the pajamas failed to meet children's sleepwear flammability standards.
2)Skivvydoodles - A new 100% cotton Flame retardant fabric for use in childrens sleepwear, sold by Target , Gymboree , L.L. Bean at $26 - 38 per set maintain cpsc sleepwear flame test requirements after 50 machine washings. See http://goodhousekeeping.com/gh/buysmart/recalls/50paja21.htm for more information.
The CPSC has launched "Operation SOS", or Safe Online Shopping. The CPSC investigators will monitor the internet for possibly dangerous and illegal consumer products according to chairperson Ann Brown. The investigators will pose as online consumers, will use computers and telephone lines that cannot be traced to CPSC or other governmental agencies, and use non-governmental credit cards and shipping addresses. Once the items purchased are delivered, they will be examined for compliance with Federal safety standards. Dangerous products already discovered in this fashion include flammable children's sleepwear.
Eddie Bauer has recalled 2,000 "Made in USA" men's sweatshirts, Items 1313 or 1249, as they raise significant flammability concerns. 1-800-426-6253
Henlow USA, Inc., New York, recalled 2,100 ladies' robes. Five styles were recalled due to flammability concerns. 1-800-889-7443
Futon Flammability Recall
The Standard Mattress Co. of Hartford, Connecticut, recently recalled 47,000 futons because the fire retardant boric acid was not evenly distributed and the futons failed the cigarette ignition test. Standard agreed to pay a civil penalty of $60,000.00. The CPSC reports that Standard also failed to test and keep proper records.
The William Carter Company of Morrow, Georgia, is recalling 1,000 girls' nightshirts after finding that they could ignite easily, causing burn injuries. They are made with 100% polyester fabric with a pattern of brown bears wearing pink pajamas, and the words "p.j. bear" printed on a white background. Identification code (GPU CF9761). Call 1-888-339-2129 for instructions on returning them. August, 2000
Upholstered Furniture
In May 1999, Foster & Foster reached an out of court settlement in an upholstered furniture fire case on behalf of the estate of a 26 year-old female who was killed as a result of a residential home fire and her 28 year-old husband who was burned over 85% of his body while trying to rescue his family from the burning home. Motts v. Mohasco Upholstered Furniture Corp., Civil Action Numbers 97-CP-42-1460; -1461; and -1462 (click here for full case summary, and see also, CBS TV "Extra" Website at http://extratv.com/cmp/ spotlight/2000/02__10ahtm)
Flammable Playpen
A Sioux Falls, South Dakota, family whose infant son was disfigured in a playpen fire, brought suit against the manufacturer and retailer of the product, a Cosko Corporation Play Pads Model 18361, sold by Kolcraft Products of North Carolina to the plaintiffs in 1991. The suit alleges that the playpen had a pad filled with flammable polyurethane foam covered with vinyl which, on January 12, 1992, caught fire and engulfed 11 month-old Daniel Boone in flames. The suit claims the companies failed to warn consumers that the product had flammable material, asks the court to order the companies to stop selling playpens with flammable polyurethane padding, and seeks damages. According to counsel, the case is headed for trial in late 2000. Peggy J. Boone, as GAL of Daniel Boone v. Cosco Corporation, et al., Civ. No. 97-972616, County of Minnehaha.
Smoke Detector
On February 11, 1998, an Iowa jury returned verdicts for $8.8 million compensatory damages and $12.5 million punitive damages against Pittway Corp. and BRK Brands, Inc., in a multiple death and burn injury case alleging a product defect in a BRK Brands Model 83R battery powered ionization type smoke detector in the plaintiff's apartment which did not alert the plaintiffs to the fire. This smoke detector has also sold under the names "First Alert", "Family Guard", and "Wake and Warn". BRK Brands, Inc., is a subsidiary of First Alert, Inc. The plaintiffs claimed that ionization detectors tend to respond slowly to smoldering fires and quickly to flaming fires when compared to photoelectric type detectors, and plaintiffs' claimed that ionization type detectors were defective if sold and installed as the only smoke detection device. The plaintiffs also presented at trial 400 complaints from customers categorized by the defendants as "no response to smoke".
1)Treble Damages In Products Cases--Rep Robert Andrews (D-NJ) introduced HR3459 in November 1999 which would mandate recovery of treble damages in products liability actions in which the product is not in compliane with a voluntary or mandatory CPSC standard.The bill was referred to the Judiciary Committee and the Commerce Committee. This bill was referred to the House Subcommittee on Telecommunications, Trade and Consumer Protection, December 3, 1999.
Halogen Floor Lamp Fires
Halogen Torchiere style floor lamps have a high temperature 500 watt halogen bulb operating in a shallow bowl mounted atop a six foot pole. The CPSC determined in 1997 that these lamps may have been responsible for 189 fires since 1992. The CPSC, together with Underwriters Laboratories and the industry took steps to require a reduced 300 watt bulb covered by a glass or wire guard to reduce the risk of fire. The industry provides the guards free of charge to consumers. (1-800-985-2200)"
FIRE SAFETY PLAN NEEDS FOAM MAKERS SUPPORT
(Plastics News, May 22, 2000)
This publication recently reported that the polyurethane industry has fought the flammability battle for years, especially as it related to the safety of upholstered furniture. The plastics industry urges the polyurethane foam manufacturers to comply with the National Association of State Fire Marshals' effort to treat polyurethane foam with fire retardants to provide additional protection from fire. California already requires that polyurethane foam be treated and some manufacturers and retailers have taken the standard nationwide on a voluntary basis. The La-Z-Boy is one such company. The article notes that the effort is saving lives.
Feel free to contact Robin P. Foster, FOSTER & FOSTER, L.L.P., with any questions or comments relating to issues of flammability.