CEH Initiated Legal Action Against 5 Retailers for High Cadmium Levels in Jewelry
The Center for Environmental Health has issued a press release announcing that on May 21, 2010, it intended to file legal notices informing five companies - Wal-Mart, Old Navy, Wet Seal, Charlotte Russe, and Arden B. - of high levels of cadmium1 in their jewelry, in violation of California consumer protection law.
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(In February 2010, CEH filed the first legal challenge to stop the sale of cadmium-tainted jewelry against retailers Saks Fifth Avenue, Justice, Catherines, and Aeropostale, and in March 2010 CEH sent legal notices to retailers Claire's, American Eagle Outfitters, Up Against the Wall, and Buckle regarding high levels of cadmium in their jewelry.
See ITT’s Online Archives or 02/12/10 and 03/30/10 news, 10021210 and 10033020, for BP summaries.)
CEH Taking Action Under California Consumer Protection Law
CEH sources have confirmed that CEH is taking action against the five retailers under California Proposition 65, which requires certain labeling of chemicals known to cause cancer, birth defects, or other reproductive harm. However, CEH sources state that their ultimate goal is removal of cadmium from the jewelry or removal of these products from the marketplace, not just proper labeling under California law.
(CEH states that Connecticut recently passed legislation that bans more than 0.0075% cadmium in products for children.)
CPSC Investigating Cadmium’s Use as a Lead Substitute in Children’s Products
There is no federal ban on cadmium use in jewelry. However, in January 2010, CPSC initiated an investigation of cadmium in children’s metal jewelry and warned against its use in children’s products in general after press reports indicated that manufacturers (predominantly in China) may be substituting this heavy metal in the place of lead, which is limited by Federal regulations. (See ITT’s Online Archives or 01/12/10 news, 10011210, for BP summary.)
Federal Bills Banning Cadmium in Children’s Jewelry Have Been Introduced
Separate bills have been introduced in the U.S. House of Representatives and the Senate to ban cadmium, barium, and antimony in children’s jewelry.
(After introduction, these bills were referred to committee, where they have had no further action. Generally, in order for a bill to become law, both the House and Senate must pass identical versions of the bill, and then the bill must be approved (enacted) by the President. See ITT’s Online Archives or 02/03/10 and 01/14/10 news, 10020345 and 10011435, for BP summaries.)
CEH Settled Lead Jewelry Lawsuits with More Than 150 Retailers, Distributors
Since CEH's 2006 legal settlement to end health threats from lead in jewelry, CEH has settled lead jewelry lawsuits with more than 150 jewelry retailers and distributors. The CEH settlement formed the basis of a California law that sets strict limits on lead in adult and children's jewelry.
1Cadmium is a heavy metal thought to cause cancer, genetic damage, and reproductive harm.
Information on CT cadmium legislation available here.