The U.S. Consumer Product Safety Commission today announced it has obtained a temporary injunction against Tri-Foam Sleep Products, Inc., Freeport, New York, and Samuel Sidroff, president of the company, ordering the firm to test its mattress production as required by a standard issued under the Flammable Fabrics Act.
In granting the Commission's motion for a temporary injunction, Chief Judge Jacob Mishler of the U.S. District Court for the Eastern District of New York ruled that the mattress manufacturer must test his product in accordance with federal regulations even though there was no evidence that Tri-Foam manufactured mattresses that constitute an actual hazard.
The Commission, represented by Donald G. Trager, U.S. Attorney for the Eastern District of New York, filed suit against the firm and its president in September 1975, after Tri-Foam had chosen not to submit voluntarily to a proposed CPSC order directing the firm to perform periodic testing of its mattress production for susceptibility to ignition by smoldering cigarettes and to keep records of these tests as required by federal standards and regulations issued under the Flammable Fabrics Act.
Unless appealed, this temporary injunction will remain in effect until the conclusion of legal proceedings now pending before the Commission's Administrative Law Judge. In these proceedings, the Commission staff is seeking to have an administrative order imposed on Tri-Foam requiring compliance with testing and record keeping regulations.
Any violation of the provisions of the injunction by Tri-Foam could result in civil and/or criminal penalties. Tri-Foam and its president have sixty days from the date of the order granting the injunction to appeal the court ruling.
For additional information contact the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
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