California’s flame retardant law works on two tracks. One is a flammability testing standard, Technical Bulletin 117-2013, that lets furniture pass a fire-safety test without added chemicals. The other is Assembly Bill 2998, which bans harmful flame retardant chemicals outright in upholstered furniture, mattresses, and children’s products sold in the state. A separate labeling law requires every covered product to disclose whether it contains those chemicals.
The TB 117-2013 Testing Standard
Technical Bulletin 117-2013 is California’s flammability rule for upholstered furniture. It replaced the 1975 version of TB 117, which required materials to withstand an open flame and could only realistically be met by soaking foam and fabric in chemical flame retardants. TB 117-2013 dropped the open-flame test entirely and replaced it with a smoldering ignition test: a lit cigarette is placed on the material, which must not ignite or continue smoldering past a set duration.1Bureau of Household Goods and Services. Technical Bulletin 117-2013 Frequently Asked Questions
Because smolder resistance depends more on fabric construction and barrier materials than on chemical additives, manufacturers can pass without treating the filling. The rule took effect January 1, 2014, with full compliance required by January 1, 2015. Furniture manufacturers are responsible for meeting the standard and labeling their products correctly.1Bureau of Household Goods and Services. Technical Bulletin 117-2013 Frequently Asked Questions
TB 117-2013 covers new upholstered furniture and replacement components used by custom upholsterers. It does not cover mattresses, comforters, mattress pads, bed pillows, or standalone decorative pillows.1Bureau of Household Goods and Services. Technical Bulletin 117-2013 Frequently Asked Questions
What AB 2998 Bans
AB 2998 took effect January 1, 2020. It prohibits the sale or distribution in California of new juvenile products, mattresses, and upholstered furniture containing covered flame retardant chemicals above 1,000 parts per million in any component.2California Legislative Information. AB 2998 Consumer Products: Flame Retardant Materials
“Covered flame retardant chemicals” is defined broadly and includes halogenated, organophosphorus, organonitrogen, and nanoscale flame retardants. The legislature cited evidence linking these substances to cancer, endocrine disruption, and developmental harm, with particular concern for children who spend more time in contact with treated surfaces.
The Bureau of Household Goods and Services enforces the ban. It can pull products from store shelves, test them, and assess fines against manufacturers whose products exceed the 1,000 ppm limit.2California Legislative Information. AB 2998 Consumer Products: Flame Retardant Materials
Which Products Are Covered
The chemical ban reaches further than the testing standard. AB 2998 covers upholstered furniture, mattresses (including crib mattresses and other infant sleep products), and juvenile products, defined as items designed for residential use by children under 12. The statute names bassinets, booster seats, changing pads, floor playmats, highchairs, infant bouncers, carriers, swings, walkers, nursing pillows, playard pads, portable hook-on chairs, strollers, and children’s nap mats.3California Legislative Information. AB 2998 Consumer Products: Flame Retardant Materials – Amended Version
Starting January 1, 2026, the ban expands to additional juvenile product categories, including feeding products and sucking or teething products. Manufacturers selling children’s products in California should be preparing now.
The Label on Your Furniture
Senate Bill 1019 requires every covered upholstered furniture product to carry a label disclosing whether it contains added flame retardant chemicals. The manufacturer places an “X” next to one of two statements: the product does “contain added flame retardant chemicals” or “contain NO added flame retardant chemicals.” The label also notes that California has updated its flammability standard, that fire safety can be met without adding chemicals, and that the state has identified many flame retardants as harmful to human health or development.4California Legislative Information. California Business and Professions Code 19094
Check the underside of sofa cushions, beneath chair seats, or the bottom of mattresses. “Added” means covered chemicals above 1,000 parts per million, so trace amounts below that threshold do not trigger the disclosure.4California Legislative Information. California Business and Professions Code 19094
Penalties for Manufacturers
Manufacturers that sell products violating the chemical ban face escalating fines:
- First violation: $1,000 to $2,500
- Second violation: $2,500 to $5,000
- Third violation: $5,000 to $7,500
- Each additional violation: $7,500 to $10,000
The Bureau of Household Goods and Services sets the exact amount within each range based on the severity of the violation, whether the manufacturer acted in good faith, any history of prior violations, evidence the violation was intentional, and how far the manufacturer cooperated with the investigation. The statute requires the bureau to adjust the fine amounts for inflation every five years.2California Legislative Information. AB 2998 Consumer Products: Flame Retardant Materials
The bureau can also request samples of products labeled “contains NO added flame retardant chemicals” and refer them to the Department of Toxic Substances Control for independent testing. Each separately non-compliant product resets the fine schedule.
How the Federal Rule Interacts With California’s
In 2021 the U.S. Consumer Product Safety Commission adopted TB 117-2013 as the basis for a mandatory federal flammability standard under 16 CFR Part 1640. Testing requirements took effect June 25, 2021, and a certification labeling requirement followed on June 25, 2022. All upholstered furniture manufactured, imported, or reupholstered for U.S. consumers must now pass the same smolder-resistance test.5U.S. Consumer Product Safety Commission. Upholstered Furniture
The federal rule preempts other states from writing their own flammability regulations for upholstered furniture, but it preserves California’s TB 117-2013 (which it incorporates by reference) and preserves state laws addressing the health risks of chemicals in furniture rather than fire performance.6eCFR. 16 CFR 1640.5 – Requirements That is why California’s chemical ban and disclosure label survive: they regulate health hazards, not fire safety.