Judge grants injunction against non-compliant mattress company

Judge grants injunction against non-compliant mattress companyA federal judge recently granted default judgement against a mattress company and its president, stopping most of its activity until it can show its products are in compliance with federal flammability laws.

United States District Judge Roslynn R. Mauskopf granted the judgment and a permanent injunction against Brooklyn Sleep Products Inc. and its president Francisco Chavez. This injunction prevents the company from importing, manufacturing, selling and repairing its mattresses until it can show it is in compliance.

The U.S. Consumer Product Safety Commission filed the lawsuit against the company after it found that the firm's products were not in line with the Flammable Fabrics Act (FFA) and the Consumer Product Safety Act (CPSA).

"Brooklyn Sleep and Chavez have violated and continue to violate the CPSA and the FFA by selling, offering for sale, manufacturing for sale, or distributing consumer products regulated under the FFA, enforced by the Consumer Product Safety Commission ("CPSC"), that are not in conformity with any rule, regulation, or standard under the FFA and the CPSA," Judge Mauskopf stated in her ruling.

It is essential that flammability standards are met by mattress companies as the CPSC estimates that mattress fires were responsible for an average of more than 300 deaths per year from 2006 through 2008.

In the specific case, a Brooklyn Sleep Products mattress failed a compliance test for open flame. When questioned by CPSC inspectors, Chavez – the company's president – acknowledged that the company did not test some of its product as is required by law.

Mauskopf ordered the company to recall all products – including mattresses, mattress sets and mattress pads – that did not pass federal flammability standards. The firm could be fined up to $1,000 per day if it does not comply.