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CPSC Votes to Look at Banning Organohalogen Flame Retardants

Thu 12 Oct, 2017  /  by McIntyre & Lemon  /   Client Alerts

10/12/17 – Last month, the Consumer Product Safety Commission (CPSC or Commission) voted to approve a petition seeking to ban products in four categories that contain non-polymeric, additive organohalogen flame retardants (OFRs).

The product categories are children’s products, upholstered furniture, mattresses/mattress pads, and casings surrounding electronics. The Commission will now initiate a rulemaking regarding OFRs and will establish a Chronic Hazard Advisory Panel (CHAP) to study OFRs. The Commission also voted to publish guidance about the toxicity and hazards of OFRs.

Before voting on the petition, the CPSC held a hearing on the petition and heard from 31 witnesses. Most of the witnesses supported the petition and opposed a CPSC staff briefing, which recommended that the Commission deny the petition.

Less than a week after the hearing, the CPSC met again to vote on whether to grant the petition. The Commission voted 3-2 to grant the petition and initiate the CHAP on OFRs to aid the CPSC staff in rulemaking. The Commission also voted 3-2 to publish guidance in the Federal Register about OFRs.

CPSC Hearing Live Stream 1; Hearing Live Stream 2; Vote Live Stream; Guidance.