The U. S. Consumer Product Safety Commission's ban on urea formaldehyde foam insulation (UFFI) was lifted yesterday when the Solicitor General's office decided not to appeal the Fifth Circuit Court of Appeals' ruling which had overturned the ban.
In April, 1983, the Fifth Circuit Court ruled to vacate the year-old ban on the installation of UFFI in residences and schools. The ban had remained in effect, however, while the CPSC waited for the decision from the Solicitor General on an appeal to the Supreme Court.
In his letter advising the Commission of his decision, Solicitor General Rex. E. Lee said "Let me assure you that my decision not to seek Supreme Court review does not reflect any disagreement with the merit of the commission's decision to ban urea formaldehyde insulation American marketplace."
CPSC had voted (4 - 1) on February 22, 1982, to ban UFFI after studying data linking formaldehyde fumes to cancer in rats and mice. The Commission had also received numerous complaints that UFFI was associated with respiratory problems, dizziness, nausea, and eye and throat irritations.
The Commission still believes that the available evidence indicates that there are risks associated with this product. The Commission staff has been directed to investigate possible options to the vacating of the ban.
The Commission urges consumers with complaints or questions to call the CPSC toll-free Hotline at 800-638-CPSC. A teletypewriter number for the hearing impaired is (800) 638-8270.
About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years.
Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.
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