On March 30, 2021, the CPSC (Consumer Product Safety Commission) approved a proposal for a new regulation, 16 CFR part 1640. This newly proposed regulation requires upholstered furniture products sold in the U.S after June 25, 2021 to meet the flammability standards set by California TB117-2013.
The label requirement will be effective June 25, 2022, see below.
The regulation will not become official until June 25, 2021 after time is given for "adverse comments". These "adverse comments" may make minor changes to the final regulation wording, but we feel it will likely become official as it is written.
See attached for the text of the proposed regulation and TB117-2013 information.
As part of the new regulation, a new permanent label is required to be attached to upholstered furniture.
The new label must state: "Complies with U.S. CPSC requirements for upholstered furniture flammability"
However, the label is not required to be attached to upholstered furniture products until June 25, 2022. The purpose of this delay is to give the furniture industry time to get labels printed and attached to products.
Text from the comments of the regulation:
"B. Compliance Date for Labeling
The COVID-19 Act imposes a new requirement which directs each manufacturer of a product that is subject to the California standard to include the statement ‘‘Complies with U.S. CPSC requirements for upholstered furniture flammability’’ on a permanent label located on the product. Because this is a new requirement, the Commission provides a later compliance date, for the labeling requirements only, to allow the furniture industry sufficient time to implement the new labeling requirements and address any supply chain issues that may exist for relabeling upholstered furniture. Accordingly, upholstered furniture manufactured, imported, or reupholstered on or after June 25, 2021, must comply with the flammability requirements of TB 117-2013, and comply with the labeling requirements by June 25, 2022."
Although there is no requirements for the label design like font size or label size, we feel it is best to follow the CA TB117-2013 standard by having font size be at least 1/8 inch (~3.2mm) tall and a label that is at least 2 inches (~51mm) wide. Label material should be the same as a law label, Tyvek, Valeron, vellum cloth or comparable quality material. The American Home Furnishings Association (https://www.ahfa.us/regulatory-template/flammability) has also adopted this design model.
There is also no information yet on enforcement or penalties for non-compliance with this new regulation.
Please let us know if you have any questions about this new regulation.