California Attorney General Edmund G. Brown Jr. recently warned six major retailers that several children's products sold in their stores contained lead levels exceeding the 300 parts per million (ppm) limit set by the Consumer Product Safety Improvement Act of 2008, ordering the retailers to immediately remove these non-compliant products from their shelves. These products include certain children's capes, shoes, belts, tote bags, necklaces, and accessory boxes, with lead levels ranging from 677 to 22,000 ppm. The problem was discovered earlier during a three-month study by the Center for Environmental Hygiene. The California Attorney General's office issued a press release stating that it has reported the issue to the Consumer Product Safety Commission, which has the authority to order the recall of non-compliant products. While the origin of the products is unknown, it is estimated that at least some were manufactured in China.
This marks the first time a state attorney general has attempted to enforce the Consumer Product Safety Enhancement Act of 2008 since it came into effect. Under the Act, products intended primarily for children aged 12 and under must not contain more than 300 ppm of lead by weight in any single component. Effective August 14, 2011, this limit was amended to 100 ppm for children's products, unless the Consumer Product Safety Commission deems this standard impractical for a particular product or category. Furthermore, the Act stipulates that the lead content in the finishes of furniture, toys, and other children's products, calculated by weight of the non-volatile content of the paint or the weight of the dried paint film, must not exceed 90 ppm. The Commission is also required to establish even stricter limits every five years, if technically feasible.
Brown further pointed out that the product also appears to violate California's Safe Drinking Water and Toxic Enforcement Act. Under this act, businesses are required to inform consumers of the levels of regulated chemicals in consumer products, food, drugs, and other products, typically by attaching warning labels. Small businesses with fewer than 10 employees, government agencies, and public water systems are exempt from these warning requirements.
Under the Safe Drinking Water and Toxic Substances Act, California is required to publish a list of chemicals known to cause cancer or damage to the reproductive system, and to update it annually. The first list was created in 1987 and has since expanded to include 824 natural and man-made chemicals. The list was most recently revised on December 11, 2009, adding molinate, a chemical known to harm the male and female reproductive systems. The California Environmental Protection Agency intends to add carbaryl and spirodiclofen and is seeking comments on several other chemicals that may be included, including diisononyl phthalate (DINP) and perfluorooctanoic acid (PFOA). The Consumer Product Safety Enhancement Act temporarily prohibits the importation and sale of toys and childcare products containing DINP and/or two other phthalates at concentrations exceeding 0.1% that can be put into a child's mouth.
– Reference source: Hong Kong Trade Development Council website, 2009-12-18
