The Fashion Jewelry Trade Association (FJTA) asked the Consumer Product Safety Commission for an exclusion on lead limits for glass and crystal beads used in children’s jewelry and other products. The vote came in late today:
1. Tenenbaum: Denied
2. Moore: Denied
3. Nord: Stay of Enforcement
Although the glass and crystal breads tested at levels 900 ppm to 23,000 ppm, much higher than the current limit of 600 ppm, the FJTA argues that the amount of lead that could leach from and be absorbed into the body of a child who mouthed or swallowed a bead would be too small to be hazardous. The FJTA further says that the amount of lead exposure would be below that of any metal jewelry that is in compliance with the 300 ppm limitation, which goes into effect in August of this year.
Tenenbaum and Moore based their decisions on one main fact - the law is written such that exemptions can be granted only in the case that no lead would be absorbed into the body under foreseeable use and abuse, not simply that the amount of lead absorbed is too small to be hazardous. Tenenbaum adds that, given the wide variability in lead content of the glass and crystal beads, it is not accurate to say that in every case the beads would present less lead-risk than compliant, metal jewelry.
Nord agrees with Tenenbaum and Moore’s conclusion that an exclusion cannot be granted. However, she states that it is one of the “unintended consequences of the CPSIA” and, because of the impact on small businesses and consumers who want to purchase the products, the only choice is to impose a stay of enforcement until Congress can review the issue. Although, as Nord points out, Congress has said they would consider adjustments to the CPSIA, there is not any indication that this particular issue would be on their list of considerations at all, let alone any time soon. Nord does not suggest a length of time for the stay she proposes.
Comments