SGS Updates Manufacturers on Recent US Proposals to Restrict Flame Retardants

Since the start of 2021, several
US states have published bills to restrict flame retardants (FRs) in a variety
of consumer products.

Delaware has published bill
HB 77, with a proposed effective date of July 1, 2021. This covers a variety of
consumer products with the following restrictions:

  1. Residential
    upholstered furniture: ≤ 0.1% each of TBB, antimony, TBPH, SCCP, Deca-BDE,
    HBCD, TBBPA, TDCPP, TCEP and TCPP, and ≤ 0.1% of a mixture containing 1 or more
    of the above FRs
  2. Products for children under 12 that are primarily
    intended for use in homes: same restrictions as 1
  3. Mattresses: ≤
    0.1% of an organo-halogenated FR and ≤ 0.1% of a mixture containing 1 or more organo-halogenated
  4. Electronic
    enclosures: same restrictions as 3

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New York has released two
bills, with a proposed enforcement date of July 1, 2022:

  • Residential upholstered furniture (Bill A3031):
    prohibits halogenated FRs and phosphorus-bromine FRs
  • Residential upholstered furniture (Bill S2178): as

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S2178 covers residential
upholstered furniture certified to meet the open flame flammability standard
from December 1, 2024.

These are just the latest
restrictions on FRs to be proposed and/or implemented by states in the US. FRs
are targeted because of their toxic effects and negative impact on the

Other jurisdictions with regulations
covering FRs in consumer products include California, Hawaii, Illinois, Maine,
Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island,
San Francisco (California), Vermont, Washington and Washington D.C. There
is no standardization between these state’s regulations as to what restrictions
or prohibitions are enforced. In addition, Maine, Oregon, Vermont, and
Washington also require disclosure information on some FRs in children’s

Stakeholders should be
aware the language in each bill may change as it progresses.


  • TBB – 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate
  • TBPH – bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate
  • SCCP – Short Chain Chlorinated Paraffins
  • Deca-BDE – decabromodiphenyl
  • HBCD – hexabromocyclododecane
  • TBBPA – tetrabromobisphenol A
  • TCEP – tris(2-chloroethyl) phosphate
  • TCPP – tris(1-chloro-2-propyl) phosphate
  • TDCPP – tris(1,3-dichloro-2-propyl) phosphate

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SGS Chemical Testing

SGS offers a comprehensive range of
testing services to help manufacturers and suppliers ensure their products are
safe and comply with national and international regulations concerning harmful
chemicals. Learn more about SGS
Chemical Testing Services.

SGS SafeGuardS keep you up to date with the
latest news and developments in the consumer goods industry. Read the full U.S.
Legislation Updates: Flame Retardants in Consumer Products

Subscribe here to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Hingwo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420



LinkedIn: sgs-consumer-goods-&-retail

About SGS

SGS is the world’s leading inspection, verification, testing and
certification company. SGS is recognized as the global benchmark for quality
and integrity. With more than 89,000 employees, SGS operates a network of over
2,600 offices and laboratories around the world.

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