Since the start of 2021, several US states have published bills to restrict flame retardants (FRs) in a variety of consumer products.
Delaware has published bill HB 77, with a proposed effective date of July 1, 2021. This covers a variety of consumer products with the following restrictions:
- Residential upholstered furniture: ≤ 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
- Products for children under 12 that are primarily intended for use in homes: same restrictions as 1
- Mattresses: ≤ 0.1% of an organo-halogenated FR and ≤ 0.1% of a mixture containing 1 or more organo-halogenated FR
- Electronic enclosures: same restrictions as 3
New York has released two bills, with a proposed enforcement date of July 1, 2022:
- Residential upholstered furniture (Bill A3031): prohibits halogenated FRs and phosphorus-bromine FRs
- Residential upholstered furniture (Bill S2178): as above
S2178 covers residential upholstered furniture certified to meet the open flame flammability standard from December 1, 2024.
These are just the latest restrictions on FRs to be proposed and/or implemented by states in the US. FRs are targeted because of their toxic effects and negative impact on the environment.
Other jurisdictions with regulations covering FRs in consumer products include California, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, San Francisco (California), Vermont, Washington and Washington D.C. There is no standardization between these state’s regulations as to what restrictions or prohibitions are enforced. In addition, Maine, Oregon, Vermont, and Washington also require disclosure information on some FRs in children’s products.
Stakeholders should be aware the language in each bill may change as it progresses.
- TBB – 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate
- TBPH – bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate
- SCCP – Short Chain Chlorinated Paraffins
- Deca-BDE – decabromodiphenyl ether
- HBCD – hexabromocyclododecane
- TBBPA – tetrabromobisphenol A
- TCEP – tris(2-chloroethyl) phosphate
- TCPP – tris(1-chloro-2-propyl) phosphate
- TDCPP – tris(1,3-dichloro-2-propyl) phosphate
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