Several bills to regulate flame retardants in specific consumer products have recently been published. The scope of restriction or prohibition is specific to the proposal.
Over the years, flame retardants (FRs) have increasingly been regulated due to their toxic effects and negative impacts on the environment.
In the U.S., a host of jurisdictions across the nation have implemented measures to regulate flame retardants in consumer products, including California, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, San Francisco (California), Vermont, Washington and Washington D.C. The restricted or prohibited flame retardants and the scope of regulated products are specific to each of these jurisdictions. Additionally, the states of Maine, Oregon, Vermont, and Washington require disclosure information on some flame retardants in children’s products.
Since the beginning of 2021, several bills have been published to restrict flame retardants in a variety of products. These include children’s products, residential upholstered furniture, mattresses and electronic enclosures.
It is important to note that the language in a bill may change as it proceeds through the legislature.
Highlights of these bills are summarized in Table 1.
| Jurisdiction (Bill) | Scope | Requirement | Proposed Effective Date |
|---|---|---|---|
| Delaware (HB 77) |
| ≤ 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 | July 1, 2021 |
| ≤ 0.1% of an organo-halogenated FR and ≤ 0.1% of a mixture containing 1 or more organo-halogenated FR | July 1, 2021 | |
| New York (A3031) |
| Prohibits halogenated FRs and phosphorus-bromine FRs | July 1, 2022 |
| New York (S2178) |
| Prohibits halogenated FRs and phosphorus-bromine FRs | July 1, 2022 |
| *Certify to meet open flame flammability standard from December 1, 2024 | |||
Table 1
Definition
| Entry | Flame Retardant | Abbreviation | CAS No |
|---|---|---|---|
| 1 | 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate | TBB | 183658-27-7 |
| 2 | Antimony | --- | 7440-36-0 |
| 3 | Bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate | TBPH | 26040-51-7 |
| 4 | Short Chain Chlorinated Paraffins | SCCP | 85535-84-8 |
| 5 | Decabromodiphenyl ether | Deca-BDE | 1163-19-5 |
| 6 | Hexabromocyclododecane | HBCD | 25637-99-4 |
| 7 | Tetrabromobisphenol A | TBBPA | 79-94-7 |
| 8 | Tris(2-chloroethyl) phosphate | TCEP | 115-96-8 |
| 9 | Tris(1-chloro-2-propyl) phosphate | TCPP | 13674-84-5 |
| 10 | Tris(1,3-dichloro-2-propyl) phosphate | TDCPP | 13674-87-8 |
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