DON’T ACCESSORIZE WITH LEAD

By, Stacie Hartman and The Fashion Group at Schiff Hardin LLP.

The Current Issue

The issue of lead in accessories is about to be in the public eye once again. The federal government agency which regulates product safety has just closed a comment period on a proposed notice of rule-making governing the presence of lead in certain products. Among other possibilities, the Consumer Product Safety Commission will consider banning products which have any lead or lead exceeding certain levels.

Background

Lead is often used in consumer products, including fashion jewelry, because it is inexpensive, easy to mold, adds luster to metal and is resistant to corrosion. But lead is a potentially toxic substance when it is present at high enough levels and is ingested or inhaled in sufficient quantities. Young children are particularly at risk from lead consumption because it can harm their mental and physical development, particularly the development of the brain and nervous system.

There has been extensive publicity over the last few years about the health risks to young children from exposure to lead. Media attention first focused on the risks associated with lead in gasoline. More recently, risks to young children living in older buildings with chipping or peeling lead paint on walls, ceilings or windows took center stage, and were the focus of government regulation and private personal injury lawsuits centered on residential lead exposure.

Now lead in consumer products, including accessories, is increasingly in the headlines. In 2004, four toy jewelry importers agreed at the request of the U.S. Consumer Product Safety Commission to recall over 150 million units of children’s metal jewelry intended for vending machines owing to potentially high lead levels in some of the jewelry. A bracelet sold in Disneyland in 2005 mislabeled “lead free” was recalled for containing 166,000 ppm (parts per million) of lead — an extraordinarily high lead level. In February, 2006, a four year- old girl died after swallowing a heart shaped metal charm with extremely high lead levels which had been provided as a free gift with the purchase of Reebok sneakers. In August, 2006, Juicy Couture agreed to a voluntary recall of bracelets made in China because of high lead levels. In November, 2006, seven of thirteen items, including bracelets and pendants, were pulled off the shelves in the Capitol Hill gift shop after testing ordered by Sen. Barack Obama of Illinois and Rep. Henry Waxman of California because they contained dangerously high lead levels.