It’s pretty common to have seen the “Do Not Remove Under Penalty of Law” tags that are affixed to new mattresses. Your older sibling may have even told you that you were going to jail for removing one, I know mine did.
However, I never really knew what that tag was for, or why it said not to remove it. I decided to do some research and find out, to be sure, once and for all.
Why Do Mattresses have Law Labels?
Law Labels on mattresses have a three-part explanation. Two of those three parts only apply to California, but it seems that mattress sellers just adhere to them nationwide instead of making different mattresses just for California.
The first part of the answer is The United States Code of Federal Regulations (CFR).
The second part of the answer is the Home Furnishings and Thermal Insulation Act from The State of California Department of Consumer Affairs (DCA) and Bureau of Household Goods and Services (BHGS).
The third part of the answer comes from The State of California Official California Code of Regulations (CCR).
So, Are Mattresses Required to List Fiberglass?
The consensus among mattress shoppers seems to be that mattress makers, and mattress sellers, are required to list all the materials used in a mattress on the law label.
However, after digging deeper into why those labels exist, what is required, and what is excluded, I came to the conclusion that it’s just not that simple.
It seems that mattress makers can cleverly use fiberglass in a way so that it is NOT required to be listed on mattress tags.
Most fiberglass used in mattresses is in the form of an elastic slip cover that is put around the internals of the mattress, just beneath the outer cover. This fiberglass inner cover is known in the mattress industry as a “fire sock”. During manufacturing, the fiberglass fire sock is slipped over the mattress contents just before the outer cover is put on and zipped or sewn together.
So, what does this mean?
Theory – Why Fiberglass is NOT Always Listed in Materials
These are the reasons I suspect manufacturers and sellers have gotten away with not listing fiberglass in the materials portion of the law labels on mattresses they sell:
- Fiberglass Mattress Fire Socks are NOT outer coverings, since they are an inner cover.
- Fiberglass Mattress Fire Socks are NOT Filling Material, since they go around the filling material.
- Fiberglass Mattress Fire Socks are NOT Permanent, since they can technically be removed if the outer cover has a zipper.
Here are the relevant sections of the US and California regulations listed before that support my theory:
United States Code of Federal Regulations, Title 16, Part 303
Part 303 of Title 16 CFR is titled Rules and Regulation Under The Textile Fiber Products Identification Act and it covers the labeling of fibers and textiles on products sold in The United States.
Here’s a look at some of the most relevant sections:
CFR, Title 16, Part 303.1(i)
“The term outer coverings of furniture, mattresses, and box springs means those coverings as are permanently incorporated in such articles.”
CFR, Title 16, Part 303.1(k)
“The term beddings means sheets, covers, blankets, comforters, pillows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intended to be used on or about a bed or other place for reclining or sleeping but shall not include furniture, mattresses or box springs.”
CFR, Title 16, Part 303.1(p)
“The term upholstered product means articles of furniture containing stuffing and shall include mattresses and box springs.”
CFR, Title 16, Part 303.7(p)
“Glass. A manufactured fiber in which the fiber-forming substance is glass.”
California Home Furnishings and Thermal Insulation Act, Article 5
The entirety of Article 5, titled “Labels”, in the DCA and BHGS California Home Furnishings and Thermal Insulation Act deals with upholstered furniture, bedding, and filling material, and the sections range from 19080 through 19094. Article 5.5 is an even stricter set of rules for children titled “Juvenile Products, Upholstered Furniture, and Mattresses”.
Here’s a look at some of the most relevant sections:
DCA BGHS, Article 5, Section 19080
“A person shall not, at wholesale, retail, or otherwise, directly or indirectly, make, rebuild, repair, renovate, process, prepare, sell, offer for sale, display, or deliver any article of upholstered furniture or bedding, or any filling materials in prefabricated form or loose in bags or containers, unless the article or material is plainly and indelibly labeled. This does not include furniture used exclusively for the purpose of physical fitness and exercise.”
DCA BGHS, Article 5, Section 19087
“It is unlawful for any person, except the purchaser for his own use, to attempt to, or to remove, deface, alter or cause to be removed, defaced or altered, the label or any mark or statement thereon, placed upon any article of upholstered furniture, bedding, or filling material under the provisions of this chapter.”
DCA BGHS, Article 5, Section 19088
“It is unlawful to use, in the description of filling material, or in the statement on any label, any misleading term or designation or any term or designation likely to mislead.”
DCA BGHS, Article 5, Section 19089.5
“Any upholstered furniture or mattress that is made from or contains nonflame retardant cellular foam shall be labeled in a manner approved by the chief. On and after January 1, 2004, all bedding that is made from or contains nonflame retardant cellular foam shall also be labeled in a manner approved by the chief. Notwithstanding the provisions of this section, no label is required for a product that complies with the regulations required by Section 19161 or with applicable federal flammability regulations.”
DCA BGHS, Article 5, Section 19094
Section 19094 is a HUGE section mostly about flame retardant chemicals, however, there is nothing about fiberglass.
California Code of Regulations, Sections 1125 and 1126
The Official California Code of Regulations 4 CCR 1125 and 4 CCR 1126 are both “Official Law Labels for Upholstered Furniture and Bedding and for Bulk Filling Material”.
Here’s a brief overview of 4 CCR 1125/1126:
4 CCR 1125
Labeling Requirements:
“The kinds, types and percentage of filling materials used in articles of upholstered furniture and bedding and in bulk form concealed or not concealed shall be stated on the law label. Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the law label in order of predominance, the largest component first.”
4 CCR 1126
4 CCR 1126 is titled “Official Law Label Requirements.” and covers how the labels should be designed, sized, colored, and placed.
Fiberglass Mattress Label Final Thoughts
There are other sections in CFR that mention structural components not needing to be disclosed, as well as mention of materials under 5% of total composition being exempt.
While I’m not an expert in law, or even law interpretation, it’s easy to see how law experts working for mattress companies could easily go through these regulations and find loopholes to circumvent listing fiberglass on material tags.
Reinforcing this theory is the fact that many fiberglass-containing mattresses, mattresses that DO NOT list fiberglass on the tag, have zippers on their outer covers along with a warning to not remove the cover.
Conversely, many fiberglass-containing mattresses, mattresses that DO list some form of glass on the tag, have outer covesr that are sewn together without zippers.
Either that, or my theory is garbage, and some of these mattress brands have just been openly breaking the law this entire time, while absolutely NOTHING has been done about it.
Last Updated on May 4, 2024
While shopping for his daughter’s first “big girl” bed in 2019, John learned about the hidden dangers of fiberglass in mattresses. Since then, he’s made it his mission to expose as much hidden fiberglass in mattresses as possible. His ultimate goal is federal regulations that ban fiberglass from being used in mattresses, or at least a law that requires it to be listed as a material on required tags.