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.