Chemguard-Labeled Products Unaffected by Recent Injunction Against U.S. Foam Technologies or FAA CertAler
Published: 08 October, 2009
A recent U.S. District Court order and a Federal Aviation Administration (FAA) CertAlert (No. 09-16, issued September 30, 2009) described a court injunction against U.S. Foam Technologies (USF or US Foam) for the misuse of Chemguard's UL identifier (UL Control Number) by US Foam. The court injunction action affects only products with the US Foam label. There is no recall of any products carrying the Chemguard label. All Chemguard-labeled products are 100% acceptable, without exception.
Questions & Answers about US Foam's Misuse of Chemguard's UL Control Number
Is there a problem with Chemguard "labeled" products?
Absolutely not. The recall does not pertain to ANY Chemguard-labeled products. Only US Foam labeled products that show the Chemguard UL Control Number on the label by the UL Mark are affected (see figure).
What is the UL Control Number?
The UL Control Number (see figure) is a fixed number assigned to Type R Marks and is associated with a specific UL file number. The UL Control Number is specific to a manufacturer and is UL's way of designating a listing to a particular manufacturer.
I received notification of FAA CertAlert No. 09-16. What now?
If you are using Chemguard foam labeled with part numbers C301 or C601 in Chemguard-labeled pails, drums, or totes, you are fine. These products are true "Mil Spec" foam concentrates that have been tested and certified by the U.S. Navy in accordance with MIL-F-24385F. Both C301 and C601 are listed on the published QPL.
However, we can advise that we have serious concerns about the Mil Spec aqueous film-forming foam (AFFF) products provided to the industry by US Foam. The video that was submitted as evidence during the court proceedings showing US Foam failing a Mil Spec fire test is available upon request by contacting Matt Boyle at 817-614-7126 or mboyle@chemguard.com.
How can I tell if my foam is mislabeled?
If you have Chemguard foam in Chemguard-labeled pails, drums, or totes, you are not affected by this recall. Only US Foam products that show the Chemguard UL Control Number on the label are affected.
Does Chemguard knowingly sell product to US Foam for their own sales?
No. There is no business affiliation between US Foam and Chemguard.
Does Chemguard have to recall any foam products?
No. All products bearing the Chemguard name on a pail, drum, or tote are 100% acceptable.
What is US Foam required to do pertaining to the courts action?
1. Cease and desist from any further application of the Chemguard UL Control Number on any US Foam AFFF products.
2. Identify and issue a general recall to all customers specifically identifying what product(s) may have been mislabeled with incorrect UL Control Numbers, direct them to avoid using mislabeled product, and direct them to return that product to US Foam.
3. Place in a general, industry-wide publication a notice reading, "ATTENTION: Certain products sold by US Foam were mislabeled as Chemguard products." Provide in the notice how those products can be identified. Provide that, "If you believe you may have those products in your inventory, please contact U.S. Foam, Inc., for confirmation and for information on what to do with the product." The notice will include contact information for US Foam.
4. File with the court a Status Report on October 1, 2009, detailing what has been done in compliance with this order.
