ISPA doesn't plan Calif. legal challenge
By David Perry -- Furniture Today, July 12, 2004
Alexandria, Va. — The International Sleep Products Assn. has no plans to challenge California in court to keep the state's mattress fire-resistant standard from taking effect Jan. 1, according to ISPA President Dick Doyle.
But in response to questions from Furniture/Today, he also repeated ISPA's view that before enforcing its standard, California should seek permission from the U.S. Consumer Product Safety Commission in order to comply with federal pre-emption laws.
ISPA contends that without an exemption from CPSC, California cannot legally enforce its new mattress flammability law. California officials disagree and plan to start enforcement Jan. 1.
Asked if ISPA plans to raise the pre-emption issue in the courts, Doyle responded: "ISPA has no plans to litigate this issue. And we sincerely hope that logic and common sense will prevail and that no one will be forced to litigate whether California at present has the legal right to enforce (the new mattress standard)."
But, he added, if California doesn't request an exemption, "We would expect that someone will eventually litigate the issue. Under California law, many individuals or companies have the right to challenge government rules like TB603 in a number of different ways. But such a challenge will probably not happen in time to resolve the uncertainty that now exists."
Regarding the California standard, Doyle said: "To avoid any confusion, I want to emphasize that we consider the TB603 pass/fall criteria themselves to be clear and practical, and we support their implementation nationally. The safety of consumers throughout the country will be greatly enhanced."
The uncertainty, he continued, relates only to whether California can enforce its mattress standard without first getting permission from CPSC. "On that point," he said, "our advice is the same as always: Stay up to date on what regulators are doing."
