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Chemtura Files Lawsuit Today Seeking To Overturn Regulation Modifying California’s Landmark Fire Safety Standard

Stocks in this article: CHMT

Amended regulatory rules and a new smolder-only test weaken fire safety standards for upholstered furniture in California and represent a significant risk to California consumers, according to a lawsuit filed today in Superior Court of California in Sacramento.

The lawsuit, filed by Chemtura Corporation (NYSE: CHMT) (Euronext: CHMT), seeks to overturn newly adopted rules that govern upholstered furniture flammability. The revised rules replace the previous landmark fire safety standard in California, which served as the benchmark for furniture makers and retailers nationwide for almost 40 years.

Chemtura representatives noted that the lawsuit is necessary to obtain judicial review of the revised rules and the authority of the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (the Bureau) to ignore a key requirement in the revised fire safety standard effective Jan. 1, 2014.

“The revised rules require furniture makers to pass only a cigarette ‘smolder test,’ and eliminates a vital requirement -- required by the law mandating the Bureau to establish fire safety standards -- that all filling material used in upholstered furniture pass an ‘open-flame’ test to replicate a candle, match or lighter flame,” said Anne Noonan, Senior Vice President, Industrial Engineered Products, Chemtura. “If left unchallenged, California’s revised, weakened fire safety standard could tragically lead to more fires and more injuries, deaths and property damage nationwide.”

Although national statistics show that both smoldering cigarettes and open flames are significant sources of ignition, the relative fire threat from smoldering cigarettes continues to decline because of the significant drop in smoking and Fire-Safe Cigarette laws. This fact emphasizes the importance of maintaining open-flame protection in a new or revised standard.

The concerns with the new standard have been voiced by others, including the fire safety-minded National Fire Protection Association (NFPA). NFPA has previously opposed eliminating open-flame protection, stating that, “California is also poised to drop a key open-flame testing provision from the new edition of its regulation, a move that has prompted other organizations to consider addressing the furniture flammability problem — including the need for a national standard. The Consumer Product Safety Commission (CPSC), which has effectively regulated flammability tests for mattresses, recently sought input for the development of a furniture flammability standard. NFPA has also made the issue a priority.

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