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SAFEGUARDS | Consumer Products NO. 051/17

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A number of states in the US have introduced bills to restrict certain flame retardants in consumer products.  These flame retardants are essentially antimony-based and halogen-containing compounds.

Additive flame retardants (Additive-FRs) are non-chemically binding substances that are added to a wide variety of household products such as bedding, childcare articles, clothing, electrical and electronic equipment, furniture, mattresses, paints/coatings and residential textiles. They are added to materials such as plastics, foams and textiles to prevent fires from starting and to limit the spread of fires.

Over the years, the use of flame retardants has increasingly been restricted or prohibited due to their toxicity effects and negative impacts to the environment. In the US, a number of jurisdictions across the nation regulate flame retardants in consumer products, including the Federal Government, California, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington [1] and Washington D.C. The restricted or prohibited flame retardants and the scope of regulated products are specific to each of these jurisdictions. Additionally, the states of Maine, Oregon [2], Vermont, and Washington require disclosure information on some flame retardants in certain children’s products.

Since the beginning of 2017, a number of states in the US have introduced bills to restrict flame retardants in textiles, children’s products and upholstered furniture. The proposals in Maine, Maryland, Minnesota, New York and Rhode Island would expand the existing regulations in these states to include other flame retardants and products.

Highlights of these proposals are summarized in Table 1.

State Bill (Companion) Flame Retardant  Scope Requirement Effective Date
Alaska (AK) HB 53 [3] Antimony, Deca-BDE, HBCDD, SCCP, TBB, TBBPA, TBPH, TCPP, TCEP and TDCPP
  • Children’s products
  • Upholstered furniture
Prohibited otherwise label July 1, 2018
Iowa (IA) HF 457 [4] Antimony trioxide, HBCD, Octa-BDE , Penta-BDE, SCCP, TBB, TBPH, TCEP, TCPP and TDCPP
  • Bedding
  • Carpeting
  • Children’s products
  • Residential upholstered furniture
  • Window treatments
≤ 1000 ppm January 1, 2018
(manufacture date)
Maine (ME) H 1245 [5] Antimony trioxide, Deca-BDE, HBCDD, SCCP, TBB, TBBPA, TBPH, TCEP, TCPP and TDCPP
  • Children’s products
  • Upholstered furniture
≤ 1000 ppm 1 Year after enactment
LD 182 [6] Flame retardants Upholstered furniture ≤ 1000 ppm January 1, 2018
Maryland (MD) HB 206 [7] Deca-BDE, HBCD, TBBPA, TCEP and TDCPP
  • Childcare products
  • Upholstered furniture
≤ 1000 ppm January 1, 2018
Massachusetts (MA) S 1175 [8] Antimony trioxide, HBCD, Octa-BDE, Penta-BDE, SCCP, TBB, TBPH, TCEP, TCPP and TDCPP
  • Bedding
  • Carpeting
  • Children’s products
  • Residential upholstered furniture
  • Window treatments
≤ 1000 ppm January 1, 2018
Minnesota (MN) HF 1627 [9] Deca-BDE, HBCDD, IPTPP, SCCP, TBB, TBBPA, TBPH, TCEP, TCPP, TDCPP, TPP and V6
  • Children’s products
  • Residential upholstered furniture
  • Residential textiles
  • Mattresses
≤ 1000 ppm

July 1, 2018
(Manufacturer or wholesaler)

July 1, 2020
(Retailer)

New Mexico (NM) HB 450 [10] Antimony, Deca-BDE, HBCDD, IPTPP, SCCP, TBB, TBBPA, TBPH, TCEP, TCPP,TDCPP, TPP and V6
  • Children’s products
  • Residential upholstered furniture
≤ 1000 ppm July 1, 2018
New York (NY) A3368 [11] (S742) Halogenated flame retardants Residential upholstered furniture Prohibited July 1, 2018
December 1, 2020 (Certification)
Rhode Island (RI) H 5082 [12] Organo-halogenated flame retardants Residential upholstered bedding or furniture ≤ 100 ppm July 1, 2018
Tennessee(TN) H1029 [13] (S1049) Antimony, Deca-BDE, HBCDD, Penta-BDE, SCCP, TBB, TBBPA, TBPH, TCEP, TCPP, and TDCPP
  • Children’s products
  • Upholstered furniture
≤ 1000 ppm
(Furniture requires label for presence or absence of FR)
July 1, 2018
Virginia (VA) HB 1861 [14] Deca-BDE, HBCCD, IPTPP, TBB, TBBPA, TBPH, TCEP, TCPP, TDCPP, TPP and V6
  • Children’s products
  • Upholstered furniture
Prohibited July 1, 2018
West Virginia (WV) HB 2121 [15] Deca-BDE, Penta-BDE, HBCDD, TCEP and TDCPP
  • Children’s products
  • Residential upholstered furniture
≤ 1000 ppm

July 1, 2020
(Manufacturer or wholesaler)

July 1, 2021
(Retailer)

Table 2: Definitions

Item Acronym                   CAS                             Name
1 --- 7440-36-0 Antimony
2 --- 1309-64-4 Antimony trioxide
3 Deca-BDE 1163-19-5 Decabromodiphenyl ether
4 HBCDD (HBCD) 25637-99-4 Hexabromocyclododecane
5 IPTPP 68937-41-7 Isopropylated triphenyl phosphate
6 Penta-BDE 32534-81-9 Pentabromodiphenyl ether
7 SCCPs 85535-84-8 Short Chain Chlorinated Paraffins
8 TBB 183658-27-7 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate
9 TBBPA 79-94-7 Tetrabromobisphenol A
10 TBPH 26040-51-7 Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate
11 TCEP 115-1496-8 Tris(2-chloroethyl) phosphate
12 TCPP 13674-84-5 Tris(1-chloro-2-propyl) phosphate
13 TDCPP 13674-87-8 Tris(1,3-dichloro-2-propyl) phosphate
14 TPP 115-86-6 Triphenyl phosphate
15 V6 385051-10-4
  • Bis(chloromethyl) propane-1,3-diyltetrakis (2-chloroethyl) bisphosphate or
  • Phosphoric acid,P,P’[2,2-bis(chloromethyl)- 1,3-propanediyl]P,P,P’,P’-tetrakis(2-chloroethyl) ester

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for flame retardants in consumer products for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hingwo Tsang
Global Hardlines Information and Innovation Manager
t: +852 2774 7420

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