You asked for a brief summary of recent changes in federal law on the flammability of mattresses and if the changes would affect retail prices.

SUMMARY

The federal Consumer Product Safety Commission adopted a regulation, effective on July 1, 2007, intended to reduce the flammability of mattresses. It sets a flammability standard (no more than 200 kilowatts at a time during a 30-minute test) and prescribes testing procedures.

The commission estimates that the retail price of mattresses will increase by less than $ 25 because of the regulation.

FEDERAL STANDARD FOR FLAMMABILITY OF MATTRESS SETS

The Consumer Product Safety Commission (CPSC) voted on February 16, 2005 to adopt an open-flame flammability standard, effective on July 1, 2007. It requires manufacturers to demonstrate that their mattress sets meet the standard's criteria before offering them for sale. The standard, adopted as a regulation under the authority of the Flammable Fabrics Act, establishes performance requirements based on research conducted by the National Institute of Standards and Technology (16 CFR § 1633). Mattresses that comply with the standard will generate a smaller size fire with a slower growth rate when exposed to an open flame. The intent is to reduce the possibility of “flashover,” which is the point at which the entire contents of a room ignite simultaneously by radiant heat, making conditions in the room untenable and safe exit from the room impossible. At flashover, room temperatures may exceed 1100 degrees Fahrenheit. About two-thirds of the deaths attributable to mattress fires occur in flashovers, according to the CPSC. It estimates that the regulation may prevent 240 to 270 deaths and 1,150 to 1,330 injuries annually.

The standard applies to mattresses, including adult, youth, and crib mattresses and water beds and air mattresses with upholstery material between the ticking and the mattress core. It also applies to mattresses in bunk beds, futons, certain flip chairs, sleeper chairs, convertible sofas, and similar furniture.

The standard prescribes testing procedures and requires manufacturers to show that the peak rate of heat release, when subjected to the open flame the standard prescribes, is not more than 200 kilowatts at any time in the 30-minute test.

EFFECT ON RETAIL PRICE

The CPSC estimates that the increased costs for mattress producers are lower than originally thought and are expected to drop further as a result of technological developments and increased competition. At the time the regulation was published in the Federal Register (March 15, 2006), the CPSC did not expect manufacturer costs to rise more than $ 23 per mattress set and consumer prices to rise more than $ 24. 21 per mattress. Further, at least one manufacturer already makes mattresses that comply with the standard.

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