Thursday, December 13, 2007

California Retailers Ordered to Pull Children’s Jewelry Containing Lead

The One Sentence Summary: New California laws addressing lead and other heavy metals in consumer products are the basis for stepped up enforcement by the state’s Department of Toxic Substances Control, following investigation and testing of children’s jewelry in several major retailers, including Macy’s, Dollar Tree, and Marshalls.

Summary of Enforcement Action:

On December 12, 2007, the Department of Toxic Substances Control (“DTSC”), part of California’s Environmental Protection Agency, briefed the public on its recent investigation of children’s jewelry items tested from a range of retail establishments. DTSC reported that it recently notified retailers of its testing results and urged them to remove from their shelves the items with lead-levels exceeding regulatory levels. Retailers are being cooperative to identify distributors.

The California Lead-Containing Jewelry Law went into effect on September 1, 2007, and applies to persons who manufacture, ship, sell or offer for retail sale children’s jewelry in California. The scope of the law covers not only stores, but also catalogs, vending machines, and online sites. The law specifies lead content in metallic material in children’s jewelry at 600 parts per million or less.

On March 1, 2008, the Lead-Containing Jewelry Law becomes applicable to all other jewelry, including body piercing jewelry.

The provisions of the new law are found in California Health and Safety Code sections 25214.1 to 25214.4.2.

DTSC Director Maureen Gorsen stressed that the majority of jewelry items tested by DTSC do not exceed the allowable lead levels.

A list of the items found to have lead levels over the allowable limits is posted at the agency’s website, http://www.dtsc.ca.gov/LeadInJewelry.cfm

Gorsen urged parents and caregivers to stay alert when children are wearing or playing with children’s jewelry. DTSC encouraged consumers who have purchased the listed items to return them to the retailers.

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