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FindLaw Class Action and Mass Tort Center: Recalls: CPSC: CPSC Grants Furniture Industry One Year To Substantially Reduce Cigarette Fire Hazard

NEWS from CPSC

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE  
November 30, 1979  
Release # 79-067

CPSC Grants Furniture Industry One Year To Substantially Reduce Cigarette Fire Hazard

WASHINGTON, D.C. (November 30) -- The U.S. Consumer Product Safety Commission moved this week to reduce the number of fire deaths and injuries in the U.S. by approving a one-year trial period for a program designed by industry to reduce the cigarette ignition of upholstered furniture.

The voluntary program, developed by the Upholstered Furniture Action Council (UFAC), came in response to a draft mandatory safety standard for upholstered furniture which the Commission considered in November, 1978. UFAC is an industry trade organization headquartered in High Point, North Carolina, and comprised of five large furniture associations which represent approximately 80 per cent of the upholstered furniture industry's annual sales volume.

A year ago CPSC staffers recommended that the Commission issue a mandatory federal safety standard. At that time, the furniture industry had not devised a program that could produce upholstered furniture which would resist cigarette ignition. The voluntary plan, which was developed by industry in early 1979, has resulted in "significant progress" toward the goal of manufacturing such furniture, CPSC staff reported recently.

Every year upholstered furniture fires caused by smoldering cigarettes kill at least 500 people and seriously injure an additional 1,700, according to CPSC estimates. However, CPSC does not have the authority to regulate cigarettes as an ignition source or in any other way.

In 1976, there was an attempt to amend a CPSC law so that cigarettes as an ignition source would be placed within CPSC's regulatory jurisdiction. Congress did not approve the amendment.

Since CPSC does not have authority to regulate cigarettes -- the ignition source of an estimated 33,000 fires in upholstered furniture every year -- CPSC has concentrated on efforts to reduce the flammability of household items commonly ignited by cigarettes. CPSC flammability standards for such household items as mattresses, rugs and carpets now are in effect.

UFAC representatives told the Commission that they will renew their efforts to encourage the tobacco industry to develop and market self-extinguishing cigarettes.

Much of the success of the UFAC voluntary program rests on the council's ability to secure pledges from manufacturers to produce upholstered furniture according to explicit UFAC safety criteria. Pledges already have been obtained from more than 200 firms, which account for approximately 70 per cent of the annual U.S. dollar volume of upholstered furniture sales.

UFAC officials project that by the end of 1982 manufacturers' pledges will represent approximately 80 per cent of the annual dollar volume, and approximately 95 per cent of the domestic dollar volume by the end of 1984.

Under the trial program, only furniture meeting the UFAC safety requirements will prominently display UFAC tags explaining the product's conformance to the voluntary program.

CPSC staff soon will develop a "Consumer's Buying Guide" on the flammability of upholstered furniture to aid consumers in making informed purchasing decisions.

The UFAC Plan

Features of the UFAC program include a fabric rating system, criteria for construction, a labeling plan and compliance procedures.

The fabric rating system groups all upholstery fabric into one of two classes (based on their fiber content). Fabrics containing at least 50 per cent thermoplastic fibers (those least likely to ignite) qualify as Class I. All other fabrics are grouped into Class II, among them, velvets, Haitian cottons, damask and brocades. Class II fabrics can be upgraded to Class I if they pass a cigarette ignition test.

In addition, various components able to withstand cigarette ignition tests must be used in constructing the UFAC furniture. These include welt cords, filling and padding materials, decking materials, and substances used as a barrier between Class II fabrics and the seat cushion filling.

UFAC will monitor compliance with the program by periodically sending a UFAC representative, who may be accompanied by a CPSC employee, to the pledged furniture plants. Approximately 10 per cent of the participating companies will be inspected annually. Participating firms which willfully fail to meet the UFAC requirements will not be permitted by UFAC to label their furniture with the UFAC tag.

To further measure the adequacy of UFAC's plan, the Commission also approved a CPSC program to purchase at least 100 articles of UFAC-tagged furniture from retail stores to be tested for their resistance to cigarette ignition. In addition, the Commission will use federal and state personnel as well as consumer deputies to survey retail furniture stores over the next year to determine the quantity of UFAC-labeled furniture being offered for sale.

Because some heavyweight cellulosic fabrics (such as vel vets) continue to pose a flammability problem, the Commission voted to undertake a program at the National Bureau of Standards to identify and resolve these remaining problems. UFAC agreed to fund a full- time researcher at NBS for this program.

An estimated 75 per cent of all fires involving upholstered furniture are caused by cigarette ignition; less than one-fourth of these fires were caused by all other ignition sources, such as electrical short circuits and open flames such as from matchbooks. During FY 1980, CPSC will continue to consider various safety approaches toward these other ignition sources.

Cost-Effectiveness

UFAC estimates that the voluntary program raise furniture retail prices by approximately $30 million a year -- a substantial reduction from the $114 million-to-$174 million annual projected impact of the mandatory standard estimated by the CPSC staff. Under the UFAC program, consumer cost increases will range from about 20 cents to $1.60 for each upholstered chair, and from 46 cents to $3.75 more per sofa, depending on the upholstery fabric used.

With the estimated effectiveness forecasted to be as high as 70 per cent, the UFAC voluntary program may help reduce annual deaths from upholstered furniture fires by perhaps 350 and injuries by perhaps 1,200 per year. The mandatory standard, if promulgated, is projected to reduce injuries and deaths by approximately 86 per cent, according to CPSC calculations.

At the end of the year's trial period, the Commission will determine whether the UFAC program has been a success and should be continued, or whether proposed mandatory regulations should be issued.

The U.S. Consumer Product Safety Commission protects the public from unreasonable risk of injury or death from 15,000 types of consumer products under the agency's jurisdiction. To report a dangerous product or a product-related injury and for information on CPSC's fax-on-demand service, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To order a press release through fax-on-demand, call (301) 504-0051 from the handset of your fax machine and enter the release number. Consumers can obtain this release and recall information or report product hazards to info@cpsc.gov.



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