CBS Atlanta 46CBS Atlanta helps customer replace flammable bed

CBS Atlanta helped an Atlanta man get a replacement mattress after learning his bed may not meet federal safety regulations.

Asmar Yarborough said he's disgusted and doesn't even want to touch the bed anymore.

Yarborough contacted CBS Atlanta after he saw a promotion for reporter Jeff Chirico's investigation into dirty and potentially deadly refurbished mattresses made by an Atlanta company. 

Yarborough recognized the salesman in the report as Ken Pope, the man who sold him a mattress and box spring in May.

Yarborough said he got the runaround when he asked for a replacement mattress.

Earlier this month, an exclusive CBS Atlanta undercover investigation found flammable mattresses were sold by independent dealers who advertised on Craigslist and other websites.

The refurbished mattresses were manufactured by American Mattress Manufacturing Company (AMMC) at 1899 Metropolitan Parkway in southwest Atlanta.

Yaroborough said both Pope and the factory owner, Kamal Shelbayah, refused to replace his mattress.

After Chirico contacted the company, Shelbayah delivered another bed at no charge.  

CBS Atlanta found AMMC beds were sold by independent dealers and at Mattress4Sale stores in Riverdale and Forest Park.

Shelbayah would not tell CBS Atlanta what other stores or wholesalers sell his beds.

Two dealers who spoke with CBS Atlanta News said they had no idea the beds they sold were flammable and didn't meet federal regulations.

"Do you think I'd risk my family, my business?" asked Tyrone Hines who sells American Mattress Manufacturing products.

In September, the Consumer Product Safety Commission confirmed it was investigating American Mattress Manufacturing Company after CBS Atlanta found its refurbished mattresses did not meet federal flammability standards designed to save lives. 

Tests were conducted by UL, an independent product safety testing and certification organization in Chicago.

Click here to watch UL perform the mattress flammability test

UL's consumer safety director, John Drengenberg, said both mattresses "failed in a serious way."

Within the first five minutes of the test, one of the mattresses became completely engulfed in flames. The test is supposed to last 30 minutes and the mattress should only emit a minimal amount of heat, according to federal standards implemented in 2007. 

"There are several hundred consumers killed every year by mattress fires," said Drengenberg. "If the mattress burns too fast, you could easily be trapped in a fire, and sadly this causes deaths."

Ryan Trainer, president of the International Sleep Products Association, said the products that do not meet federal flammability standards cannot be lawfully sold in the United States. 

According to a statement issued by Shelbayah's attorney Michael Rosenthal in September, "Mattress 4 Sale has temporarily closed its retail store and halted production of refurbished mattresses. We are currently revising our manufacturing process to ensure necessary modifications are implemented, confirming our rebuilt mattresses comply with federal regulations."

Rosenthal has since provided documentation which appears to indicate the mattresses passed necessary fire tests conducted by a nationally-recognized testing lab, GovMark. CBS Atlanta has not independently verified the authenticity of the documents. 

In May, CBS Atlanta found Shelbayah's store selling refurbished mattresses as brand new. Two mattresses contained filthy, moldy and stained mattress parts. The mattresses did not have the necessary tags indicating the materials were previously used.

Click here to watch Part 1 of Jeff Chirico's undercover dirty mattress investigation

Click here to watch Part 2 of Jeff Chirico's undercover dirty mattress investigation

There are no state laws regulating the resale of used mattresses in Georgia, however, retailers cannot misrepresent the product, according to the Governor's Office of Consumer Protection. Since May, the Office of Consumer Protection has been investigating American Mattress Company for possible violation of the Fair Business Practices Act.

The federal Consumer Product Safety Commission is also investigating the company for possible violations of flammability regulations. CPSC spokeswoman Patty Davis said the agency can impose a $100,000 fine per violation if wrongdoing is found. 

Through his attorney, Shelbayah has offered to exchange any noncompliant mattress with an approved, federally-compliant mattress. Customers interested in obtaining a replacement can call 770-866-6260 or e-mail mattress4saleinc@yahoo.com.

State Rep. Ralph Long said he would push for strict regulations to require refurbished mattress makers register with the state Department of Agriculture and properly sterilize parts before reusing them in mattresses. It also would empower the Department of Agriculture to inspect factories, warehouses and stores for compliance.

Long plans to introduce the legislation in January. 

Watch Rep. Long's reaction as he talks about the used mattresses

If you believe you have purchased a flammable mattress from Mattress4Sale or another dealer, e-mail reporter Jeff Chirico at jeff.chirico@cbsatlanta.com.

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