Response from the Futon Association International, Chico, CA

The attached article is published here at the request of the California Department of Consumer Affairs (DCA). The article reflects the interpretation of the DCA regarding the application of Technical Bulletin 117 (TB117) standards to futons. While the Futon Association International (FAI) is currently consulting with legal counsel as to whether we agree with DCA's interpretation, we wish to make it clear that we are very concerned with consumer safety matters, and that we will work closely with DCA and the DCA's Bureau of Home Furnishings and Thermal Insulation (the Bureau) to insure that reasonable safety standards are applied. In the meantime, we want to present DCA's position to the industry.

We encourage our members to comply with all applicable state and federal regulations. We work with our members to educate them and to make them aware of statutory and regulatory requirements for futon manufacturers and retailers. Moreover, we acknowledge that the need for such efforts is ongoing as evidenced by the Bureau's poor test results. FAI would welcome the Bureau's assistance in communicating with our members concerning the complexities of the issue of flammability. In that regard, we plan to invite representatives of the Bureau of DCA to attend our upcoming Futon Expo in May in Providence, Rhode Island and to participate by setting up an educational exhibit and/or addressing the attendees.

We encourage the Bureau and DCA to work with us to further communicate with the futon industry to achieve greater overall compliance.

Mr. Robert Naboicheck, Futon Association International President

Response from the National Cotton Batting Institute, Memphis, TN

The National Cotton Batting Institute, which represents cotton batting manufacturers throughout the country, has dealt with the flammability issue for many years and can certainly understand the dilemma that futon manufacturers must be experiencing right now. However, we have a simple solution to the problem. Although nobody likes the threat of mandatory regulations on this issue, it is a proven fact that cotton batting treated properly with boric acid performs quite well for the ASTM 5238-92 flammability standard and California Technical Bulletin 117. NCBI has had a voluntary Quality Assurance program in place for more than two years using this flammability test, and we would welcome the opportunity to work with the futon industry to show how we launched this program. When an industry makes a good-faith effort to improve its product and deal with problems candidly, all parties benefit. The flammability issue will continue to be with us for many years, and NCBI stands ready to do everything it can to help the futon industry deal with this issue.

Response from Mr. Chet Stoler, of Casual Lifestyles, Minneapolis, MN

I have recently received a letter in regard to California's understanding of the flammability standards set by the state and compliance to their Statute #117. Casual Lifestyles, as a conscientious manufacturer of futons, is in total agreement with their declarations of this compliance. Several months ago, several of our futons were tested by the State of California, and even though what we stated on our Law labels was 100% in the truth, we still did not comply because we were not using a fire retardant in the foam. This, along with the movement in California and federal thinking to have futons be considered upholstery items, prompted us to decide to manufacture our entire line of futon mattresses to meet or exceed these tests and to use FR foam on our entire line. We, as a manufacturer and, also, as a retailer (the Futon Gallery Stores), know that 99% of our futon products are sold as a complete unit to the consumer. As manufacturer, our commitment is to make not only the highest quality product, but also the safest for our industry.

Response from Mr. Tony Wolf, of Wolf Corporation, Ft. Wayne, IN

Wolf Corporation, as both one of the largest processors of cotton in the U.S. and as a leading producer of futon mattresses, has taken great interest in understanding and complying with the laws and regulations concerning both the upholstery and bedding industries. While we may not agree with the classification system in all states, we have always met or exceeded regulations. We take very seriously our role as a good corporate citizen; and believe that, if the law is there, all manufacturers affected must comply. Wolf has installed a wide array of equipment to produce a highly safe and reliable futon mattress. In addition, Wolf has established an in-house testing lab to ensure that quality is maintained in a variety of areas, including flammability, loft, fabric, foam, and steel integrity. All of this, they feel, adds up to comfort and peace of mind that comes from delivering consistently on their promises of quality.

Wolf Corporation

Response from Mr. Bob Pecoraro of The Big Sleep, Commerce, CA

As one of California's newest futon manufacturers we are currently, and will continue, to manufacture in full compliance to TB 117 standards for all futon mattresses sold or distributed within California.

Response from Mr. Chip Lerwick of Heartland Futons & Fibers, St. Louis, MO

In response to the California Department of Consumer Affairs (DCA) finding that futon mattresses must comply with Bulletin 117 upholstered furniture flammability standards, Heartland Futons & Fibers is in full compliance with all futons sold in the state of California. The interior components of our recycled fiber filled futons gives us a clear advantage in meeting the standards set forth by the DCA. However, we feel that this standard is clearly inappropriate for a product originally designed as a sleeping mattress. The Federal smoldering standards are a fair and appropriate standard by which all futon manufacturers must strive to meet.

To classify futon mattresses as upholstered furniture, and, therefore, make futons comply with TB 117, would overburden an industry that already must meet a Federal standard. It would do little to ensure the safety of consumers.

Since it's inception in 1989 Futon Life has always had a vigorous proponent of industry wide compliance to all state and federal laws that apply to the futon products our industry produces. To our knowledge, in these past seven years no advertisers or members of the Futon Association International has ever been fined or shut down by the CPSC or any other regulatory body for any violation of the federal flammability laws.