Sacramento, California -- In a preliminary ruling on 28 August 2014 , California Superior Court Judge Michael Kenny rejected Chemtura's legal bid to block a change to the states' Cal TB-117 furniture flammability standard. This change will remove the need for flame retardants in furniture foam in the US.
Judge Kenny wrote in a six-page preliminary decision that Chemtura's legal reasoning "would produce absurd results,"according to a report in the Chicago Tribune.
Chemtura said in a statement on its website:
We are disappointed that the court did not rule that the California Bureau of Electronic and
Appliance Repair, Home Furnishings and Thermal Insulation overstepped its authority by
narrowing the scope of the standard to eliminate open flame testing and by attempting to
address an issue that clearly is the purview of professionals at the California Department of
Toxic Substances Control. The real issue here is protecting the public from regulatory actions
that jeopardize consumer fire safety.
TB-117-2013 sets a minimum level of fire protection that does not include resistance to open
flames. Open flames are a significant ignition risk due to use of candles, lighters and matches.
As a result, the new standard reduces fire safety.
We are studying the decision and will consider whether an appeal is the best way to promote
high fire safety for consumers in California. We will continue to work with furniture
manufacturers, fire safety experts and scientists to ensure customer protection from both
smoulder and open flame sources.
Chemtura filed its its legal challenge to the change in TB-117 in January 2014.
