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‘Killer’ Sofa Prosecution

A business that supplied potentially lethal sofas has been successfully prosecuted by Warwickshire County Council’s Trading Standards Service.

In tests by an independent test house carried out on behalf of Warwickshire Trading Standards, foam from one of the sofas was ignited, and burned so fiercely that it was still alight after several minutes. The burning continued and the flames had to be forcibly extinguished during the testing process, (a photo is available).

Many types of foam give off poisonous fumes when they burn and, in a domestic fire situation, death by asphyxiation is likely to occur within four minutes.

Warwickshire Trading Standards has been warning consumers about the dangers of such sofas and has taken action to suspend their sale and prosecute the suppliers. Such furniture is often sold door to door or through small advertisements in local newspapers and off the back of lorries.

Anthea Davies, Assistant Head of Warwickshire Trading Standards said: 

“We are determined to ensure that Warwickshire residents are protected from the dangers of these potentially lethal products.  This furniture must not end up in people’s homes where it could catch fire and result in fatalities.  Such furniture may appear to be cheap but it could so easily cost lives.”

Following receipt of a complaint from a consumer living in the Nuneaton area, Warwickshire Trading Standards Officers visited the premises of a furniture company called Euro Trading in Shilton near Rugby in March 2005.

Euro Trading had in its possession furniture that had labelling irregularities and was later tested and found not to comply with the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988. It was established that the non-compliant furniture had been supplied by SAS Furniture who had premises in Chilwell and Beeston in Nottingham and Willenhall in the West Midlands. SAS Furniture had imported the sofas directly into the UK from a business called Tompol located in Poland.

SAS Furniture had failed to submit any of the furniture for independent testing to ensure that it complied with UK safety regulations despite the fact that they had been alerted to problems with furniture from the same supplier in Poland in 2003.

The furniture, which included two and three seater cream coloured sofas and chairs, was immediately suspended from sale by Warwickshire Trading Standards.

In addition to failing ignitability tests, the furniture was also incorrectly labelled, with some of the wording spelt incorrectly, the wrong text size applied and some information missing.

At Nuneaton Magistrates Court on 30th November 2006 Mrs Shamim Ahmed (DoB: 04/02/59), of Park Road Chilwell Nottingham, owner of the business trading as SAS Furniture, was found guilty of five offences under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Consumer Protection Act 1987 and pleaded guilty to one offence under the Business Names Act 1985.  Her brother-in- law Mr Maqsood Ahmed (DoB: 20/01/64) of Cocksthorn Road Penfield Wolverhampton who was responsible for the day to day running of the business was found guilty of five offences under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Consumer Protection Act 1987.

Euro Trading had been supplied with receipts and a letter from SAS Furniture stating that the furniture supplied complied with UK Fire and Safety Regulations. These statements were in fact false.

Sentencing has been adjourned until 15th January 2007 for the defendants to provide financial information about themselves and their business to the court.

Under current UK legislation, new and second-hand upholstered furniture must be made of materials that resist fire. In most cases the furniture should have a swing tag showing a lighted match and cigarette, plus a permanent label giving specific information including production details.

Latest UK fire statistics show that in 2005, 348 people died in house fires, with 14,000 injured. In many of these cases burning furniture is thought to have been a major contributory factor.

Imports of potentially lethal upholstered furniture have been entering Britain from Poland and the Trading Standards Institute, the professional body of Trading Standards Officers has written to the Department of Trade and Industry and the Polish Embassy to call for tighter controls on this furniture.

Any Warwickshire consumer who believes they possess any item of furniture that is not compliant with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 should contact Warwickshire Trading Standards on 08454 04 05 06.

Top Tips for Buying Furniture
· All upholstered furniture, including second-hand items, must meet fire resistance standards.
· If you notice a fault, contact the trader straight away to report the problem. It is the trader’s responsibility to resolve the problem, not the manufacturer.
· If you visit the trader, take any proof of purchase with you. If you haven’t got a receipt, you can use a copy of a credit card or bank statement as proof of purchase instead.
· If there is a problem with new furniture you’ve bought you may be entitled to a repair, replacement or refund depending on how long you’ve had the item.
· If you buy furniture or appliances on a credit agreement and there is something wrong with it, it is always a good idea to tell the finance company as well as the trader, as you may have additional protection.
· If the furniture or household appliance is damaged on delivery, write something on the delivery note and request the driver signs it. Although this isn’t essential, it can help if the trader denies the damage was there. Take photos of any damage as well.
· You are not legally entitled to a refund if you choose the wrong size or give the wrong measurements or simply change your mind about an item of furniture you’ve bought. So choose carefully!
· Many people order new three-piece suites in time for Christmas, check the delivery date will be in time.