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Ignoring FR mattress law would be foolish, risky

David Perry, Executive Editor -- Furniture Today, September 16, 2007

There's been a surprising lack of conversation in the industry about enforcement of the new federal open-flame mattress standard, which went on the books July 1.

The U.S. Consumer Product Safety Commission, which designed the standard, with industry involvement, has not been making headlines with high-profile inspections to ensure industry compliance. I've heard of only one inspection thus far, although there may well have been more.

The industry has long wondered how aggressively the CPSC would enforce the standard, and it doesn't appear it's off to a strong start on that front. But it would be a big mistake to think CPSC will not be heard from. Everyone is well advised to remember the open-flame standard is now the law of the land. Companies who ignore that law do so at their own peril.

The CPSC has been dealing with such unexpected and very high-profile issues as the recalls of tainted Chinese products, including millions of toys. Those are hot-button problems that understandably demand urgent attention.

The agency came in for some strong criticism the other day in a BusinessWeek article that concluded it is "overwhelmed and underfunded." But the article said the China problems could ultimately help CPSC. A bill to boost its budget and toughen penalties and fines for retailers convicted of selling recalled goods has been introduced.

Where does that leave the mattress industry? While CPSC enforcement apparently has been light to date, based on what my sources say, I've also heard that burn lab tests are set for later this year.

I believe companies that have built FR compliance into their production models and are now focusing on the real drivers of their business — sales and marketing programs — will have a significant edge over companies who are held accountable for failing to change their ways of making beds to incorporate FR. Those companies will be in a crisis mode, which is never a good place to be.

It's been said the federal FR mattress standard is among the most expensive the CPSC has ever implemented. Given the millions of dollars and years of effort that companies in our industry have invested, we have a right to expect that CPSC will vigorously enforce the standard.

The debate over the wisdom or need for such a standard ended a long time ago. The standard is on the books. It's now up to CPSC to ensure that we have a level playing field. Companies that don't abide by the rules should be caught and punished.

I can't say exactly when that will happen. But I know that companies who think they won't be held accountable for federal regulations are playing a losing game.

Contact David Perry at dperry@reedbusiness.com

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