Jami Westerhold

September 22, 2006

This month we celebrate the 29th anniversary of the ban on lead paint and this year we mark the 10th anniversary of the phase out of lead in gasoline. Even with these actions, lead poisoning remains a current issue. The Environmental Protection Agency (EPA) describes lead poisoning as the "top environmental health hazard for youth." This is due to the 1.7 million children ages five and younger affected by the toxin. Exposure to lead can cause brain damage, kidney damage, hearing loss, learning disorders, behavioral problems, and impair growth. The Center for Disease Control reports that currently more than 300,000 children have blood lead levels high enough to cause irreversible damage.

In 2004, the Center for Environmental Health (CEH), an environmental advocacy group, and the state's attorney office filed suit against approximately 75 U.S. retailers for violating California's Proposition 65 for failing to warn consumers of the risks of lead contained in metal and plastic jewelry. This suit ended with a settlement creating the first legally binding standards for lead jewelry in the nation. The 71 major U.S. retailers and distributors who settled were required to end the sale of jewelry containing more than a "trace amount" of lead and to inform their suppliers who were required to eliminate or significantly reduce lead in jewelry as soon as possible. Major companies who complied were Target, Kmart, Macy's, Nordstrom, Sears, and Disney stores. Wal-Mart and four other companies did not agree to the settlement. Although the settlement was only legally binding in California, the CEH anticipated that the companies would act nationally to prevent the risk.

Although CEH stated they would monitor the issue nationally, on September 14th the Sierra Club, with the support of several states, filed a lawsuit in the Federal court in San Francisco against the EPA. Sierra Club is asking the federal courts to force the EPA to use its authority to address the problem of lead in toy jewelry. Lead is a common product used in toy and costume jewelry and poses a serious danger to children. The advocates stated they were aware of seven cases of jewelry-related lead poisonings nationwide. These deaths promoted health warnings and national jewelry recalls, but no direct regulations. Although the agency does not have any regulations on toy jewelry containing lead, they claim they have a "comprehensive set of regulations" to protect children from lead. EPA refuses to require companies to submit health and safety studies regarding lead in their products or require companies who have previously recalled products due to lead to document the protections they have developed to prevent future problems.

For More Information:

http://www.enn.com/today.html?id=11264&ref=rss

http://www.sierraclub.org/healthycommunities/lead/

http://www.sierraclub.org/pressroom/releases/pr2006-09-13b.asp

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/01/28/BAGHUGUQC81.DTL

http://www.cehca.org/jewelry.htm

List of Recalls, http://www.cpsc.gov/cpscpub/prerel/category/child.html

EPA lead information, http://www.epa.gov/lead/

71 FR 35416-02 (June 20, 2006), available at http://www.ntia.doc.gov/ntiahome/frnotices/2006/privacy_act_061506.pdf#search=%22ca lead jewelry sierra club%22