What has happened in the past 6 months?
The new mandatory standard requires that all clothing storage furniture (CSUs) manufactured after 9/1/23 comply with ASTM F2057-23.
Parents Against Tip-Overs (PAT) made no secret of the fact, from the day the updated ASTM F2057-23 furniture safety specification for clothing storage furniture (CSUs) was published on February 6, 2023, (and still only voluntary at that time) that we expected, at a minimum, the AHFA member companies, who had worked with us on updating the standard since the AHFA members first showed us the new tests in November of 2021, immediately comply with ASTM F2057-23. There was no reason they shouldn't have already been producing and selling compliant CSUs by February 2023, as they had already been following the previous ASTM standard and were well aware of the changes that were in the newly updated standard, since they were heavily involved in developing them.
Some manufacturers did the right thing, prepared to make whatever changes were necessary to comply, and were selling ASTM F2057-23 compliant CSUs in early 2023, but not everyone was.
On April 19, 2023, the CPSC voted to make ASTM F2057-23 the new mandatory standard under the STURDY Act, and we again made it clear that we expected immediate compliance from all manufacturers as it would soon no longer be voluntary. There was no need to wait until the effective date of September 1, 2023, to start producing and selling CSUs compliant with the new standard. We know some were already shipping compliant CSUs but we didn't get much in the way of transparency about if or when they expected to be selling only compliant CSUs, even when we asked manufacturers straight out.
The reality is many manufacturers, especially those who were not a part of the AHFA or who manufacture furniture overseas for sale in the U.S., didn't follow ASTM F2057 when it was only a voluntary standard, and some had very little or no awareness of the voluntary standard, let alone that this law was coming, so they had a lot to learn and change in their design and manufacturing processes in a relatively small amount of time. They have no one to blame but themselves because the responsible thing to do as a manufacturer of CSUs would have been to follow ASTM F2057 when it was voluntary (since 2000!), and stay up to date on the regulatory landscape for the countries in which they sell furniture!
To their credit, many of the labs that test CSUs for compliance put together comprehensive training sessions for those customers who needed to learn about the new stability tests and how to conduct them, along with the labeling and anti-tip device requirements of the law. The CPSC also offered training and a resource page for manufacturers, retailers, and interested parties to learn about the new law and how to ensure their products were compliant.
What PAT has done
We have worked hard to educate consumers as best we can about this new law and that retailers were allowed to sell through the existing inventory of CSUs that were not compliant with the new law, which could take many months because we have no idea how many CSUs are in inventory. We anticipate that "old" inventory should be depleted or getting pretty low for most manufacturers/retailers at this point. If they are not already shipping and only selling only compliant CSUs, they should be very soon.
We also made it clear we not only wanted manufacturers, retailers, and the CPSC to do a better job alerting the public about this new standard but that we wanted retailers educated about it so they could have appropriate conversations with customers who may come in asking about manufacture dates and whether or not the furniture they were considering purchasing was compliant with the new law. We did this by having multiple meetings with key stakeholders including the AHFA, IKEA, RILA, the CPSC, and the HFA, as well as through social media posts, guest articles/letters to the editor, media interviews, and press releases.
We are continuing to educate anyone and everyone as there are several myths and misconceptions out there about this new law. Here's what is most important to know about the new law:
- This new law ONLY applies to dressers and other clothing storage furniture (like armoires and wardrobes), 27 inches and taller, sold in the U.S., that fall within the scope of ASTM F2057-23.
- It is also only designed to protect children up to the age of 72 months, and we know adults, and especially a growing number of elders are injured and killed by CSU tip-overs every year.
- This new law does NOT apply to any other kinds of furniture, including dressers and nightstands under 27 inches in height. Nor does it apply to any other furniture with drawers, doors, and shelves (extendible elements) that are outside the scope of ASTM F-2057.
- It's likely that some manufacturers and retailers are still selling old inventory that does NOT comply with the new law. The only way you can tell is to look at or ask for proof of the date of manufacture, which will be after 9/1/23 to be compliant with the new law.
- It remains vitally important that you secure ALL furniture, especially furniture with drawers, doors, and shelves properly to the wall. Period. While this new law will certainly significantly reduce the risk of tip-over injuries and deaths from CSUs covered by the standard, ALL furniture still has the potential to tip, and children older than 72 months, adults, and elders are not protected by this new law.
What Manufacturers have done to comply
Manufacturers have been forced to innovate and come up with new designs so their CSUs can pass the new stringent stability tests. Some added interlocks to drawers, allowing only one drawer or every other drawer to be opened at a time, but not all drawers. Some added weight to the back of the CSU to make it heavier in the back and therefore more stable. Some redesigned existing CSUs or changed materials. Others came up with some great innovations.
One manufacturer we'd like to call out and applaud for their innovative and collaborative approach to safety and stability is IKEA. They announced an innovative design called Anchor and Unlock and then, did something no company is ever typically willing to do, they released the patent so other manufacturers could adopt the same technology to create a safer CSU and promote anchoring this particular dresser to the wall! It works via a unique interlock system. If the dresser is left freestanding, the consumer can only open one drawer at a time. But if they use the integrated metal wall anchors, once secured to the wall, it disengages the interlock and multiple drawers can be opened at once. It's brilliant and gives the consumer two choices, both of which significantly protect children from a deadly tip over.
What the CPSC is doing to ensure compliance
The CPSC has the regulatory authority to enforce this law. The agency has an entire compliance team tasked with enforcing the many safety rules and regulations the CPSC enforces. The CPSC Chairman Alex Hoehn-Saric has made it clear in public remarks that enforcement of this new furniture safety law is a priority for the agency. We assume that enforcement action has already begun and we've made it clear to the CPSC that we expect them to aggressively enforce this new law immediately if they are not already doing so, and for many years to come, not just now.
How do they enforce safety laws like this? We believe there are several ways they could and they include:
- Spot checks at ports of entry. The vast majority of furniture sold in the U.S. is manufactured overseas, often in China or Vietnam. It is then shipped to the U.S. The CPSC has border/port agents who can check for regulatory compliance of items that come through ports of entry.
- Purchasing and testing CSUs. Especially if there is a suspicion or report of possible non-compliance or a report of a tip-over incident involving a particular CSU.
- Going into retail stores and checking to see if the furniture on display or in inventory has a manufacture date after 9/1/23.
- Surprise or spot checks in manufacturer showrooms or storage warehouses
- Perhaps other ways we are unaware of
How do we know the new law is working?
Honestly, it will be several years before we know if it's working. It will take several years of new incident data to determine how much of an impact this new law will have on tip-over injuries and deaths to children 72 months of age and younger.
In the meantime, the CPSC will be exercising the regulatory authority to enforce this law. Honestly, we expect broad compliance, but we know there may be bad actors, most likely overseas manufactures not affiliated with U.S. companies, who may try to game the system and hope they don't get caught. Eventually, though, they will get caught.
We will continue to pressure all parties not only to comply with the law, but to do more to educate retailers and consumers about the importance of anchoring ALL furniture to the wall, because the vast majority of companies that sell bedroom furniture also sell other types of furniture not covered by this law. If they truly care about consumer safety, there is a lot more they can be doing on their Websites, in their showrooms, and on social media to educate and protect consumers from tip-overs. Visit www.anchorit.gov to learn more about why and how to #AnchorIt