Flame Retardant Chemicals

The term flame retardant refers to a diverse set of chemicals added to various products to decrease ignitability and inhibit the combustion process. The Ban of Covered Products Containing Certain Flame Retardants was promulgated in 2025 and requires manufacturers and retailers to limit concentrations of certain flame retardants in covered products.

Background

On January 1, 2021, Governor Baker signed the Acts of 2020, Chapter 261, An Act to Protect Children, Families, and Firefighters from Harmful Flame Retardants, adding Section 28 to Chapter 21A of the Massachusetts General Laws.

The term flame retardant refers to a diverse set of chemicals added to various products to decrease ignitability and inhibit the combustion process. Test data and monitoring studies in humans and the environment have demonstrated that certain flame-retardant chemicals can persist in the environment, bioaccumulate in people and animals, and have been shown to cause adverse developmental effects in animals.

To learn more about the potential adverse health effects of flame retardants visit the National Institute of Environmental Health Sciences Flame Retardant Webpage.

For information on what you can do to reduce exposure to flame retardants, see the Environmental Protection Agency’s on Fact Sheet on Flame Retardants.

Summary of Flame Retardant Regulation

310 CMR 78.00: Ban of Covered Products Containing Certain Flame Retardants (Regulation) was promulgated on May 9, 2025. The Regulation requires that: A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the Commonwealth a covered product that contains any chemical flame retardants or chemical analogues listed in 310 CMR 78.04(3), the combined total of which exceeds 1,000 parts per million for any component part of the covered product.

Covered Products

Covered Products are defined under the Regulation to include bedding, carpeting, children’s products, residential upholstered furniture, or window treatments. Please refer to the Regulation for definitions of each of these Covered Products.

The Regulation does not apply to:

• Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles or any component parts;
• The sale or purchase of any previously owned product containing a chemical flame retardant prohibited under the Regulation;
• Electronic devices and electronic components of Covered Products; and
• Covered Products that contain prohibited chemicals due to the presence of recycled materials used during the manufacture of the product covered.

List of Flame Retardants Chemicals Covered Under the Regulation

1. Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abstracts Service number 13674–87–8);
2. Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number 115–96–8);
3. Antimony trioxide (Chemical Abstracts Service number 1309–64–4);
4. Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number 25637–99–4);
5. Bis(2-Ethylhexyl)-3,4,5,6- tetrabromophthalate (TBPH) (Chemical Abstracts Service number 26040–51–7);
6. 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service number 183658– 27–7);
7. Chlorinated paraffins (Chemical Abstracts Service number 85535–84–8);
8. Tris (1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number 13674 84–5);
9. PentaBDE (Chemical Abstracts Service number 32534-81-9);
10. OctaBDE (Chemical Abstracts Service number 32536-52-0); and
11. Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79-94-7).

Addition of Flame Retardant Chemicals

The Regulation instructs MassDEP to review, identify, and recommend, if applicable, other chemical flame retardants that should be prohibited based on a determination that the flame retardant is anticipated to present a toxic hazard to people. This review is required to take place not less than every three years.

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