Upholstered Furniture Action Council v. California Bureau of Home Furnishings

Plaintiffs are upholstered furniture manufacturers and nonprofit trade associations whose members include furniture manufacturers. The plaintiff-intervenor is the California Furniture Manufacturers Association. Defendants include the California Bureau of Home Furnishings (CBHF) and the California Department of Consumer Affairs, agencies of the State of California.

Plaintiffs in this action seek to invalidate Cal.Bus. & Prof.Code § 19161 (West Supp. 1976) and the regulations promulgated thereunder. Section 19161 provides:

Pursuant to this statute, the CBHF promulgated a regulation dealing with the fire retardancy of upholstered furniture. 4 Cal. Adm.Code § 1374. That section provides that upholstered furniture materials must meet the combustibility tests of Technical Bulletin 117, subsections A to F. Subsections A through E of the Bulletin (effective October 1, 1975) deal with the fire retardance of filling materials used in upholstered furniture. Subsection F deals with the fire retardance of upholstered furniture; it is prospective in effect since its effective date is October 1, 1977.

Plaintiffs challenge section 19161 and the above regulations on several grounds.…