NY Governor Hochul Signs Groundbreaking Family and Fire Fighter Protection Act into Law

LAW BANS TOXIC CHEMICALS USED AS FLAME RETARDANTS IN FURNITURE, BEDDING, AND - FOR THE FIRST TIME IN THE U.S. - ELECTRONIC CASES

Supporters for Bill Include Fire Fighters, Pediatricians, Civil Rights Groups, and Environmental Groups

(Albany, NY) Today, Governor Kathy Hochul signed the Family and Fire Fighter Protection Act (S.4630B (Kaminsky)/A. 5418B (Englebright)) into law. The new policy prohibits the use of flame retardants in furniture, mattresses, and electronics cases. New York’s is the first in the US to restrict organohalogen flame retardants (OFRs) in electronics cases, and the state joins California and Maryland in restricting broad classes of these chemicals in furniture and bedding. 

A growing body of scientific literature links chemicals used as flame retardants to cancer, hormone disruption, reproductive problems, and reduced IQ. Children are especially vulnerable to the effects of these toxic chemicals because they interact with their environment in unpredictable ways and are still developing. When they burn, chemicals used as flame retardants become even more toxic, making smoke more deadly and harder to escape, and becoming potent cancer-causing chemicals that increase risk for fire fighters.

“Toxic chemicals used as flame retardants poison children and firefighters and don’t prevent fires. The Family and Fire Fighter Protection Act addresses this problem broadly, covering hundreds of toxic versions of this chemical problem rather than knocking them off one at a time as the State has done in the past,” said Bobbi Wilding, Executive Director of Clean and Healthy New York, which co-leads the JustGreen Partnership. “We thank Governor Hochul for signing this important bill into law, and Senator Kaminsky, Assemblyman Englebright, and the New York State legislature for championing this groundbreaking policy.”

“Nothing is more important than protecting the health of our children and firefighters from cancer-causing chemicals,” said Senator Todd Kaminsky, Chair of the Senate Environmental Conservation Committee. “By banning these toxic substances from everyday items in our homes, such as furniture and mattresses, we will be taking a major step in keeping our communities safe. I was proud to lead the fight to put our families and first responders’ lives ahead of corporations’ profits — and that is precisely what this law will do.”

"People have a right to safe and healthy homes, and New York is once again leading the way. I'm proud to have championed this legislation to protect New York's children and fire fighters from unnecessary and harmful chemicals," said Steve Englebright, Chair of the Assembly Environmental Conservation Committee. "I thank Governor Hochul for signing this nation-leading policy into law, and Senator Kaminsky." 

Because of their toxicity, the Consumer Product Safety Commission (CPSC), issued Guidance in 2017, stating: “the Commission recommends that manufacturers of children’s products, upholstered furniture sold for use in residences, mattresses (and mattress pads), and plastic casings surrounding electronics refrain from intentionally adding nonpolymeric, organohalogen flame retardants (‘‘OFRs’’) to their products.” The Commission recommended that retailers seek evidence that products they sell are free of these chemicals, and advised families to avoid products containing these toxic chemicals. 

The broad coalition supporting the new law includes New York’s Fire Fighter groups, the New York State NAACP and the many members of the JustGreen Partnership (JGP).

“Firefighters are regularly exposed to flame retardant toxins in the line of duty, resulting in far higher cancer rates than those in the general population,” said FASNY President John P. Farrell. “By signing this legislation, Governor Hochul is protecting both the States’ citizens and firefighters. We are pleased to see New York State take an important step forward in eliminating harmful and hazardous chemicals from the environment.” 

“Flame retardant chemicals are in products and materials throughout our homes. These toxic chemicals cause cancer, endocrine and thyroid disruption, neurological and immune system impacts, and adverse fetal and child development. And the impact is disproportionate, with research showing that people of color have higher concentrations of these toxic chemicals in their bodies and therefore bear a greater burden of the adverse health impacts theys cause,” explained Sonal Jessel, M.P.H., Director of Policy at WE ACT for Environmental Justice, and co-leader of JGP. “That is why we are so thankful to New York State Governor Kathy Hochul for signing the Family and Firefighter Protection Act into law, and to New York State Senator Todd Kaminsky and New York State Assemblyman Steve Englebright for sponsoring this important bill, and to all of the advocates who have worked tirelessly to protect the health of New Yorkers."

The law bans several classes of chemicals used as flame retardants in furniture and mattresses and OFRs in the plastic casings and stands of electronic displays. The section of law pertaining to electronics cases is the first in the US, and matches a policy already in force the European Union.

“With the passage of the Family and Fire Fighter Protection Act, New York leads the way on protections against toxic flame-retardant chemicals found in household products and electronics. The bill brings a much-needed safeguard against toxic chemicals that place fire fighters, first responders, and children at a greater harm of risk from serious health problems including cancer and learning disabilities,” said Eve Gartner, Managing Attorney for the Toxic Exposure and Health Program at Earthjustice. “We thank Governor Hochul for signing this law, and Senator Todd Kaminsky and Assemblyman Steve Englebright for their tireless work to get protections for our fire fighters and children.”

“Governor Hochul’s signature on the bill banning flame retardants in New York State is a wonderful holiday present for all New Yorkers. These chemicals pose a significant health risk to consumers, firefighters, and children. The legislature passed the bill to ensure that our communities stay healthy by not being exposed to flame retardants in upholstered furniture, mattresses, and electronic casings – now Governor Hochul has made that bill law,” said Rich Schrader, New York Policy and Legislative Director for NRDC (Natural Resources Defense Council).

“The business community applauds Governor Hochul for signing this nation-leading bill into law," said Bob Rossi, Executive Director of the New York Sustainable Business Council (NYSBC). “Leading retailers are already eliminating flame retardants due to their ineffectiveness and their health impacts, which increase employee turnover and absenteeism creating economic drag for local communities. Especially during our ongoing health and economic crises, we are thrilled to see New York's leadership on this issue.” 

“The Sierra Club Atlantic Chapter applauds Governor Hochul for signing into law one of the Nation's strongest toxic chemical policies," said Caitlin Ferrante, Conservation Program Manager, the Sierra Club Atlantic Chapter. “Study after study has shown that applying toxic chemical flame retardants to furniture does very little to actually slow the spread of fires. Rather, it is these same toxic chemicals that are contaminating our homes, polluting our water, and endangering those who risk their lives to fight fires through smoke inhalation. We are grateful to Senator Kaminsky and Assemblyman Englebright in their leadership on this issue and again thank Governor Hochul for signing into law this nation-leading ban of the application of these harmful flame retardants." 

"PFAS chemicals, which have been linked with breast cancer risk, are found in several consumer products, including personal care products. PFAS used in firefighting foam are carcinogenic, while cancer rates are high for firefighters,” said Laura Weinberg, President, Great Neck Breast Cancer Coalition.  “Moreover, PFAS are emerging contaminants which have been detected in the water supply of several counties in New York State." 

The Vulcan Society of Westchester, a chapter of the International Association of Black Professional Fire Fighters (IABPFF),  joined with other environmental health organizations, fire fighter associations and environmental justice groups from across the state in praising Gov. Hochul for New York’s new law to ban harmful toxic chemicals from materials containing flame retardants. 

“Many uniformed fire fighters in the New York metropolitan region are suffering from  job-related illnesses that are attributed to caustic and toxic smoke from burning mattresses and other materials laden with flame retardants during fires,” said Reggie Crews, President of the Vulcan Society of Westchester. “We applaud  Governor Kathy Hochul for the new law that will remove this harmful threat from an already dangerous occupation.” President Crews added, “Our first responders should not have to worry about harms from toxic smoke in every breath. By enacting the nation’s strongest law, New York is raising the bar for protecting our fire fighters, families and communities from harmful toxic chemicals.”  

In the past, New York State has passed nation-leading policies banning specific flame retardant chemicals. These include restrictions on brominated flame retardants, the TRIS-Free Children and Babies Act, a law expanding the list of toxic chemicals banned under that act, and the Toxic Chemicals in Children’s Products Act (also known as the Child Safe Products Act). The laws are now under Environmental Conservation Law, Article 37, sections 37-0111, 37-0701, and 37-0901.

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