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U.S. Legislation Updates: Flame Retardants in Consumer Products

SafeGuardSToys and Juvenile Products, Home Furnishings and Houseware, Home Textiles, Product SafetyFebruary 05, 2021

Several bills to regulate flame retardants in specific consumer products have recently been published. The scope of restriction or prohibition is specific to the proposal.

Over the years, flame retardants (FRs) have increasingly been regulated due to their toxic effects and negative impacts on the environment. 

In the U.S., a host of jurisdictions across the nation have implemented measures to regulate flame retardants in consumer products, including California, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, San Francisco (California), Vermont, Washington 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, Vermont, and Washington require disclosure information on some flame retardants in children’s products.

Since the beginning of 2021, several bills have been published to restrict flame retardants in a variety of products. These include children’s products, residential upholstered furniture, mattresses and electronic enclosures.

It is important to note that the language in a bill may change as it proceeds through the legislature. 

Highlights of these bills are summarized in Table 1.

Jurisdiction (Bill)ScopeRequirementProposed Effective Date
Delaware
(HB 77)
  • Residential upholstered furniture
  • Products for children under 12 that are primarily intended for use in homes
≤ 0.1% each of TBB, antimony, TBPH, SCCP, Deca-BDE, HBCD, TBBPA, TDCPP, TCEP and TCPP and
≤ 0.1% of a mixture containing 1 or more of the above FRs
July 1, 2021
  • Mattresses
  • Electronic enclosures
≤ 0.1% of an organo-halogenated FR and ≤ 0.1% of a mixture containing 1 or more organo-halogenated FRJuly 1, 2021
New York 
(A3031)
  • Residential upholstered furniture
Prohibits halogenated FRs and phosphorus-bromine FRs
July 1, 2022
New York
(S2178)
  • Residential upholstered furniture*
Prohibits halogenated FRs and phosphorus-bromine FRs
July 1, 2022
*Certify to meet open flame flammability standard from December 1, 2024

Table 1

Definition

EntryFlame RetardantAbbreviation CAS No 
 1 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate TBB 183658-27-7
 2 Antimony --- 7440-36-0
 3 Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate TBPH 26040-51-7
 4 Short Chain Chlorinated Paraffins SCCP 85535-84-8
 5 Decabromodiphenyl ether Deca-BDE 1163-19-5
 6 Hexabromocyclododecane HBCD 25637-99-4
 7 Tetrabromobisphenol A TBBPA 79-94-7
 8 Tris(2-chloroethyl) phosphate TCEP 115-96-8
 9 Tris(1-chloro-2-propyl) phosphate TCPP 13674-84-5
 10 Tris(1,3-dichloro-2-propyl) phosphate TDCPP 13674-87-8

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website. 

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