ISPA has been following publicly available violation data from the Consumer Product Safety Commission (CPSC). Based on the available data (Violations | CPSC.gov) there appears to be an alarming increase in mattresses failing to meet Part 1632 and 1633 burn tests over the past year. These failures can have costly consequences.   

Manufacturers or importers of non-compliant products may need to conduct expensive recalls or take other corrective actions. When imported products fail compliance tests before the goods formally enter the United States, US Customs and Border Protection can require that the non-compliant goods be seized and destroyed. In some cases, the circumstances leading to a product’s failure could result in the CPSC issuing civil penalties on the manufacturer or importer.  

ISPA members and importers should consult with legal counsel, technical experts, third party labs and component suppliers on how to proceed when sourcing mattresses from new exporters or when changing the weight, type or source of FR barriers, changing other materials or modifying mattress designs from those used to build a qualified prototype. For example, they can advise you on what type of due diligence is appropriate to determine whether you and your suppliers are meeting CPSC’s testing, labeling and recordkeeping requirements. These experts can advise whether it is appropriate to rely on material specifications and test data provided by a materials supplier, whether additional testing and documentation is needed or whether it is necessary to conduct additional Part 1633 burn tests to confirm whether the changes will affect the new product’s ability to pass that standard.  

They can also advise how to limit the scope of a potential corrective action. For example, manufacturers could detect potential consequences of a change to a qualified prototype by making production testing part of their overall compliance program. If routine CPSC surveillance testing reveals a non-compliant product, the manufacturer will be able to refer to recent production test results in their discussions with CPSC staff.