CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CALIFORNIA'S LEAD…

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL
CALIFORNIA'S LEAD-CONTAINING JEWELRY LAW
QUESTIONS AND ANSWERS
September 6, 2007
Q.   Why is lead used as an ingredient in jewelry?

A.   Lead is used in jewelry-making for several reasons. First, it makes the base metal
     easier to shape and form. Second, it makes jewelry heavier, so it seems more
     substantial. Lastly, lead is cheaper to use than other metals, such as zinc. Lead is also
     sometimes used as a stabilizer in some plastics, such as polyvinyl chloride (PVC),
     which is often incorporated into children's jewelry items.

Q.   Why is lead-containing jewelry a concern?

A.   Excessive exposure to lead can cause many health effects, ranging from behavioral
     problems and learning disabilities to organ failure, and even death. Children six years
     old and younger are more susceptible to adverse health effects because their bodies
     are growing quickly and their brains are still developing. Lead-containing jewelry poses
     a particular concern because children often place jewelry in their mouths, which can
     result in lead absorption at dangerous levels or very serious health effects if the jewelry
     is accidentally swallowed.

Q.   What is being done to prevent jewelry containing high levels of lead from entering
     the marketplace?

A.   California's Lead-Containing Jewelry Law places limitations on the lead content of
     jewelry. Anyone who manufactures, ships, sells or offers for sale jewelry for retail sale
     in California must comply with the restrictions specified in the law beginning September
     1, 2007 for children's jewelry and March 1, 2008, for all other jewelry, including body
     piercing jewelry. This law incorporates the terms of a consent judgment resulting from a
     2006 Proposition 65 lawsuit regarding lead in jewelry, applying the requirements of that
     judgment to all parties that manufacture, ship, sell or offer for sale jewelry for retail sale
     in California.

     Other states and cities have also enacted legislation and/or regulations to limit the lead
     content in jewelry, or propose to do so in the future. On January 9, 2007, the U.S.
     Consumer Product Safety Commission (U. S. CPSC) published a proposal that could
     lead to a federal ban of children's metal jewelry that has more than 0.06 percent of total
     lead. Recently, the U. S. CPSC has also issued a number of recalls for children's
     jewelry containing lead.

Q.   How does the California Department of Toxic Substances Control (DTSC) intend
     to enforce the Lead-Containing Jewelry Law?

A.   DTSC intends to respond to complaints of jewelry suspected to be out of compliance
     with the law in addition to conducting marketplace surveillance. DTSC's enforcement of
     the law is primarily limited to those who were not signatories to a 2006 Proposition 65
     settlement involving a large number of jewelry retailers and businesses (see
     http://ag.ca.gov/prop65/pdfs/amendedConsent.pdf).

Q.   How does jewelry containing high levels of lead make its way into the
     marketplace?

A.   Jewelry containing high levels of lead are often manufactured in other countries and
     imported into the United States. Most of the jewelry subject to recent U.S. Consumer
     Product Safety Commission (U.S. CPSC) recalls were manufactured in China, although
     some recalled jewelry were manufactured in India and other foreign countries.

Q.   How widespread is jewelry containing high levels of lead?

A.   In the past few years, the U.S. Consumer Product Safety Commission (U.S. CPSC),
     which is the federal agency charged with protecting the public from unreasonable risks
     of serious injury or death from consumer products, has announced numerous jewelry
     recalls, mainly for jewelry manufactured in China. These recalls were initiated because
     the U.S. CPSC determined that the jewelry contained dangerous levels of lead, thus
     posing a risk of lead poisoning in children. In the past year one or more jewelry recalls
     have been announced nearly every month indicating that the prevalence of lead-
     containing jewelry is widespread.

Q.   How do stores know if their vendors are providing jewelry containing high levels
     of lead?

A.   Many jewelry manufacturers and suppliers advertise lead-free jewelry items. While
     DTSC has not confirmed that these claims are reliable, such suppliers may be more
     likely to be in compliance with the lead in jewelry law than suppliers that do not make
     this claim.

     In addition, suppliers and retailers of jewelry should require reliable and independently
     validated certifications from manufacturers and distributors that their jewelry is in
     compliance with the law or the 2006 Proposition 65 consent judgment.

Q.   How should I dispose of jewelry if it contains lead and I no longer want it?

A.   Parents should immediately take jewelry believed to contain lead away from their
     children. DTSC has not yet determined if jewelry containing lead above the levels
     allowed under the lead in jewelry law would be considered a hazardous waste if it is
     disposed. Until this determination is made, DTSC recommends that all suspected lead-
     containing jewelry be disposed of in a manner that eliminates any access by children.

Q.   How do I know if my jewelry is safe?

A.   You cannot tell if a piece of jewelry contains lead just by looking at it. A lead
     measurement (a chemical test) must be performed. A lead swab test, such as those
     purchased from a hardware store for lead paint detection, might indicate if the surface of
      the jewelry contains lead, but it will probably not detect lead present beneath the
      surface coating. The only way to tell if an item contains lead for certain is to have it
      analyzed by a laboratory. As an added measure, consumers should look for jewelry
      items that are marked "lead-free". Although such labels do not absolutely guarantee
      that the jewelry does not contain lead, jewelry bearing such labels may be less likely to
      contain lead. In any case, if parents allow their children to wear jewelry, they should
      monitor their children to ensure jewelry is not placed in their mouths.

Q.    Can lead be absorbed through the skin?

A.    Exposure to lead occurs mainly from ingestion, such as eating or putting objects into the
      mouth, putting young children particularly at risk. Exposure to lead can also occur from
      inhalation, such as breathing lead that is scattered in the air as dust, fume or mist.
      However, absorption of lead through the skin from wearing jewelry is not likely to
      contribute to exposures of concern.

Q:    What can I do if I believe my child has put lead-containing jewelry into his/her
      mouth?

A:    You should consult your health care provider and request a blood test to determine
      whether your child has been exposed to lead recently. A blood lead test is the only way
      you can find out if your child has an elevated blood lead level, however, an elevated
      blood lead level will not tell you if the lead exposure came from lead-containing jewelry
      or another source of lead.

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