It started roughly six or seven years ago. When the federal Consumer Product Safety Commission (CPSC) randomly tested futons using the federal flammability standard which requires that mattresses resist ignition by smoldering cigarettes, just over 50% of them passed. In California, only 17% of futons tested passed the TB117 test adopted by the California Department of Consumer Affairs' (CDCA), which categorizes futon furniture as "upholstered furniture" and requires exposure to an open flame.

Eyebrows were raised. Eyes were opened. Several newspapers covered stories regarding house fires propagated by futon mattresses. The CPSC stepped up the frequency of their regulatory visits to retailers across the country.

Thankfully, a lot has changed in the last several years. Most large manufacturers claim adherence to the standard based on the scrupulous treatment of cotton with boric acid, the introduction of fire retardant foams and synthetic materials, and regular product testing to ensure ongoing conformance to the test regulations.

But product safety is clearly not just the manufacturers' concern. Futon specialty shops have become invested in the resolution of this issue. Based on their assessment of risk and responsibility in the marketplace, they have rallied to identify and act on decisions which they believe will help insure continuing conformance by manufacturers' to the federal standard. By doing so, they believe they are also helping to ensure the future of the industry

Smoke Signals

The possibility of non-conformance to flammability regulations has retailers concerned for several reasons. For many, the issue of consumer protection is both paramount and immediate.

"In a sense it's really the retailer who is responsible for protecting the customer from flammability," explains Richard Arnovitz, owner of The Futon Store in Memphis, Tennessee. "I'm the one closest to the consumer – the one who sells it to the consumer who might be hurt. A fire is a major disaster and if our product allows the fire to spread, then our product is dangerous. I have to do whatever I can to prevent this."

Mark Bello of Right-On Futon in Chicago agrees. "I think retailers play an important role in protecting customers. It would be morally and ethically wrong to carry questionable product."

Retailers are also concerned about legal and financial repercussions. Steve Ray, General Manager of The Futon Shop in San Francisco and current President of the Futon Association International, is well versed in flammability standards for two reasons. He has been one of the leaders of FAI's Flammability Compliance Task Force – and his stores are in California, where futons must pass TB117, the rigorous open flame standard generally designed for upholstered furniture. "Retailers are not immune to lawsuits. They have to protect their own hide by asking the manufacturer whether their product passes the flammability test, and ensuring that it does."

Another issue that has mobilized retailers is the fear of negative publicity in the form of newsworthy anecdotes or public whistle blowing by the CPSC. "Let's face it," explains Ray frankly. "The futon industry is not a sure footed industry. Futons are still a choice that people don't need to make. Any negative publicity is really going to hurt us. If a child is burned in a mattress fire will people stop buying mattresses? No. If a child is burned in a futon fire, will people stop buying futons? Yes."

Taking Action

In the face of these concerns, the most powerful action retailers have taken is to change their buying habits. In essence, many are attempting to boycott the non-conformers.

"Since not all manufacturers adhere to the federal standards, retailers have to be policemen," explains Arnovitz. "But if we do our job right and only buy from manufacturers who comply, we'll help drive out the unsafe manufacturers who are making products which are not in compliance."

For many, that means buying only from manufacturers they trust and who they consider to be reputable. Butch Amberger of Casual Room in Jacksonville, Florida changed his buying habits a few years back. "Concern with possible flammability was one of the key issues that caused me to buy exclusively from Gold Bond. I know from reading their sales literature that they do extensive testing to meet or exceed federal and state standards."

Peter Dines at Snooze-Ease in Denver, Colorado takes a similar approach. "I want to make sure everything I buy is flame retardant so I only buy from the larger manufacturers. I figure they have been in business successfully for many years, have the funds and resources to do what it takes to comply with the regulations, and have too much to lose to not address it."

For others reputation or size is not enough. They want proof in the form of documentation. "I changed my buying habits four or five years ago when I learned about nonconformance to the federal requirements," explains Charlie Bailey of Mattress Cloud in Leominster, Massachusetts. "I don't deal with the small manufacturers anymore. In fact, I only buy from licensed bedding manufacturers who put law tags on their mattresses."

There are other similar approaches. Arnovitz makes yearly rounds with each of his futon vendors asking for written flammability compliance guarantee. Steve Ray turns the written certificate of compliance into a marketing tool for the reps that approach him. "The way I look at it, when retailers ask, manufacturers will comply."

For retailers like Pat Dortch of Beyond Futons, concern over flammability has not only caused a switch in suppliers, Dortch has also made changes to the store's product line.

"We now look at materials that we never would have considered years ago, materials that are naturally flame retardant. Many of our customers don't like the idea of chemically treated cotton because of their allergies. We used to be stubborn, thinking that a futon must contain cotton or wool. The flammability requirements have made us more open minded so that we're now looking at new products that contain polyester or foam which naturally inhibit flammability."

Caveat Emptor

Buying smart is one tactic. Another is consumer education. While consumers rarely ask about flammability, many retailers are raising the issue on the shop floor.

"About 10% of our consumers ask about fire retardancy," explains Amberger. "But I still bring it up with most people because I want to let them know that we offer the best in the industry. We only carry product that meets state and federal standards. In fact, I post this in my store window and it's in all my ads. I think of this claim, the quality of the product line I carry, and the warranty I offer as competitive advantages." Amberger adopted this strategy two years ago when bad press in Jacksonville papers prompted almost half of the people entering his store to ask about flammability.

Brian Sledge at Bedrooms Plus in Farmington, New Mexico also believes that educating consumers can protect market share. "Few customers are concerned about the issue but we talk about it when we sell. Customers are always going to be price oriented. Unless we explain the differences between a $99 futon and a $139 futon, they'll never know and buy the cheaper one every time."

Dortch, who finds customers more concerned about allergies to additives than the risk of flammability, talks about it nonetheless. "Three years ago, after a major recall that made the papers here, we had many customers asking about flammability. In response, we put together a display which shows a cross section of the product. We explained the construction and how it is designed to pass flammability standards. Even though we don't hear much concern now, we still walk people through this display and explain how the product meets federal standards. An ounce of prevention is worth a pound of cure."

For Dortch, there's also an important implicit message conveyed by talking about conformance to the mattress standard. "The fact that futons are required to meet the same federal standards as mattresses elevates the product line. Futons are not just convertible sofas. We sell to people who sleep on them every night."

But there are also those who don't believe it makes sense to talk to customers about flammability risks.

"Why bring it up?" asks Carl Haworth, owner of Futons Unlimited, a three store chain in Northern California. "We use the KISS selling philosophy here. Keep it simple. Why make a problem out of something the customer doesn't care about?"

"I don't bring it up to the average customer," agrees Ray. "They don't want a lecture, they just want their questions answered. I talk comfort, not content of the mattress and I accentuate the positives. As long as I'm manufacturing and buying responsibly, I don't want to plant seeds of doubt and compromise the reputation of the futon."

Smoldering Fears

Regardless of their approach, many retailers remain apprehensive about the possibility of non-conforming futons in the marketplace. As long as there is consumer demand for less expensive, inferior product, there's a temptation to manufacture, buy, and sell on price. Shop owners are concerned about mutinous manufacturers, ill-informed, price conscious consumers, and retailers who buy irresponsibly.
Despite their efforts, these are issues that can be controlled only once there is a concerted effort to exert influence. Unfortunately, in the words of Bailey, "It only takes one incident and we all suffer."

You can contact the CPSC for a full copy of the regulation at 301-504-0400, or see their web site at www.cpsc.gov. The Code of Federal Regulations Part 1632.4 covers the Mattress Test Procedure for testing ignition resistance for mattresses.

Back to Summer 1999