A majority of states require that mattresses and foundations (as well as other products that contain concealed filling materials, including upholstered furniture) be labeled to disclose their content. Consumers may use that information in deciding whether to purchase the product.

With the significant growth over the last few years in online commerce, some state regulators have expressed concern that this information is often not being provided during online transactions. The State of Utah, for example, takes the position that its product labeling law requires that state law label information be provided regardless of whether a product is sold through traditional brick-and-mortar stores or online.

For this reason, Utah has announced that beginning January 1, 2024, it intends to increase its surveillance of online sales and will expand its routine inspections and enforcement activities beyond just brick-and-mortar stores to include online sales. In the meantime, Utah has asked stakeholders for help developing industry standards in this regard.

We are aware that at least one other state is considering similar action.

ISPA is working with other associations in the interior furnishings segment to communicate with state regulators regarding the complexities of providing law label type information online and to provide for a reasonable implementation period for these new requirements.