U.S. chemical producer and flame retardant specialist Chemtura is challenging in a California superior court new state regulations governing flammability standards for upholstered furniture. The company said the revised rules that took effect on Jan. 1, 2014, replacing standards used as the benchmark nationwide for almost 40 years, replace weaken safety standards rather than improving them.

Under the new rules, furniture manufacturers are required only to make their products pass a cigarette "smolder test," Chemtura said, adding that this eliminates a vital requirement that all filling material used in upholstered furniture pass an open-flame test to replicate a candle, match or lighter flame. "If left unchallenged, California's revised, weakened fire safety standard could tragically lead to more fires and more injuries, deaths and property damage nationwide," said Anne Noonan, senior vice president, industrial engineered products.

Chemtura said the lawsuit is necessary to obtain judicial review of the revised rules and the authority of the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation to ignore a key requirement in the revised standards. It says the relative threat from smoldering cigarettes is declining due to the significant decline in the number of people smoking and is subordinate to maintaining open-flame protection regulations.