State Legislative Developments

With state legislatures returning to work in January, it appears that 2022 will be another active year for legislation that could affect the mattress industry. Below is a summary of several developments from the past 2 weeks.

FLAME RETARDANTS*

  • Delaware Amends Flame Retardant Bill

HB 77 was introduced last year to limit the use of certain chemical FRs, including Antimony, to 1,000 PPM per component in mattresses, children’s products and residential upholstered furniture. Last week ISPA persuaded the bill’s sponsor to amend his legislation so that it tracks California’s FR law, which ISPA helped negotiate in 2018. Specifically, the Delaware bill now excludes from its scope all components of adult mattresses except foam. The bill now awaits action in the House Economic Development/Banking/Insurance & Commerce Committee.

  • New York Legislature Moves to Accept Governor’s Changes

Bills have been introduced in both chambers of the NY legislature to enact changes that had been agreed to with NY Governor Hochul to NY AB 4630, a bill that prohibits the use halogenated, organophosphorus, organonitrogen and nanoscale FRs in mattresses, upholstered furniture and electronic displays. See our January 3, 2022 Member Alert for a discussion of those changes.

  • West Virginia Introduces FR Bill

Last week, a bill (H 2126) was introduced in West Virginia which would ban manufacturers from using TDCPP, Decabromodiphenyl ether, Pentabromodiphenyl ether, Hexabromocyclododecane, and TCEP in components of children’s products and residential furniture (which for these purposes includes mattresses) at levels above 1,000 ppm.

The listed chemicals do not appear to be used in new mattresses made in the United States. Nevertheless, the bill would require manufacturers to label their products as complying with the chemical ban, which would impose added costs on mattress manufacturers.

*ISPA is tracking these bills closely and will work with other allied industry groups to advance the industry’s interests in these states.

OTHER BILLS

  • PFAS prohibition Bill Introduced in Vermont

In Vermont, legislation (H 650) was introduced which would prohibit the intentional use of perfluoroalkyl and polyfluoroalkyl substances in products to be sold in Vermont unless the Department of Health concludes that such use is unavoidable.  The bill further proposes to prohibit the use and import of wastes that contain microplastics.  The bill now awaits a hearing in the Committee on Natural Resources, Fish, and Wildlife.