California, United States -- Chemtura was told that application of the “plain meaning” of the statute would produce “absurd” results as the company made its bid to sue California’s legislature over revision to the furniture fire regulation test method.
As previously reported at UTECH-polyurethane.com, Chemtura launched a legal battle against California’s legislature earlier this year. The company sought to obtain a judicial review of TB Cal 117 – which becomes effective from the start of 2015 following a delay in implementation - but at the close of August, the motion was denied.
The case was heard on August 29, 2014 in Sacramento Court within the state.
Judge Michael Kenny said: “Petitioner, Chemtura Corporation, has not proven that TB 117-2013 violates California Business and Professions Code section 19161.
“Applying the plain meaning of the statute would produce absurd results and appears to be contrary to the legislative intent behind the 2006 amendment. To read the statute as requiring all furniture to comply with the federal mattress standard leaves the Bureau (Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation) with an unworkable standard for seating furniture.
“It appears the intent was to require compliance with the federal open-flame standard for mattresses and continue to give the Bureau the discretion to adopt appropriate regulations for seating furniture.
“There does not appear to be any other requirement that the Bureau adopt a particular test, or use a particular standard in determining fire retardance.
“The Petition for Writ of Mandate, Declaratory and Injunctive Relief is denied,” he concluded.
We published Chemtura's statement on the ruling here earlier this week.