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from Accident Lawyer Hawaii - Defective Products Claims - Product Liability Attorney William H. Lawson

Home > Indoor Furniture & Fixtures > Mattresses & Covers
February 9, 1976  
Release # 76-010

CPSC Provisionally Accepts Consent Agreement With Airflow Mattress, Inc., Brooklyn, New York

WASHINGTON, D.C. (Feb. 9) -- The U.S. Consumer Product Safety Commission today announced that it has provisionally accepted a consent agreement prohibiting Airflow Mattress, Inc., Brooklyn, New York, a corporation, and Ralph Levine, individually and as an officer of the corporation, from manufacturing or importing products which fail to meet the requirements of the Flammable Fabrics Act.

Specifically the agreement requires Airflow Mattress to conduct all flammability tests specified by the Mattress Standard (FF-4-72); to label each mattress manufactured with a permanent, accessible and legible label containing the appropriate production unit identification; and, to maintain all records required by the Standard and the Commission's regulations.

Additionally as part of the provisional consent agreement, Airflow Mattress is to notify all of its customers who have purchased or to whom have been delivered mattresses manufactured by them between June 22, 1973, and December 22, 1973, that they may return these non-complying mattresses to the manufacturer for complete refund or replacement, at the option of the manufacturer, plus an allowance for reasonable costs (the means of transportation to be determined by the manufacturer).

The Mattress Standard went into effect on June 22, 1973. However, a six-month "grace period" was provided during which manufacturers could attach warning labels to non-complying mattresses to indicate that they did not meet the Standard in lieu of compliance with the sampling and testing requirements. Since December 22, 1973, all newly manufactured mattresses must be produced in accordance with the sampling and testing requirements of the Standard.

This agreement is for settlement purposes only and does not constitute an admission by Airflow Mattress, Inc., that it has violated the law. A future violation of this consent agreement by the company could result in the assessment of substantial civil penalties.

The complaint and consent agreement will remain on the public record for 60 days through April 9, 1976, during which time any interested person may submit comments to the Office of the Secretary, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.

After considering any comments on the case, the Commission may finally accept the agreement or withdraw its provisional acceptance.

For additional information about this consent agreement contact the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.

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