In response to a recent Associated Press article about cadmium found in children's jewelry, Congress, the Consumer Product Safety Commission (CPSC), several states and many retailers have begun to discuss how to regulate cadmium and other heavy metals in children's products. Senator Chuck Schumer (D-NY) and Congresswoman Jackie Speier (D-CA) have already introduced legislation that would ban the use of cadmium, barium and antimony in children's jewelry (designed or intended for use for children age 12 and under). Several states have also proposed legislation regulating the chemical's content in children’s jewelry. FASA is closely monitoring the development of this issue and has been gathering information about the use of cadmium and other heavy metals in children's fashion accessories.
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On January 15, the Consumer Product Safety Commission (CPSC) issued a report to Congress assessing enforcement efforts of the Consumer Product Safety Improvement Act's (CPSIA) lead standard, reporting difficulties encountered in implementing the CPSIA and recommending improvements to the statute. The report contained unanimous, bipartisan suggested changes to the statute that would facilitate the implementation of CPSIA requirements and would help improve the CPSC's enforcement capabilities. Significantly, the Commission was unable to reach a consensus on a specific approach to improving the language that grants the CPSC the ability to exempt materials and products from the lead standard. However, the Commission was unanimous in its opinion that additional flexibility is needed to grant exclusions like those requested for ATV's, bicycles and crystals. The CPSC also requested that Congress make the 100ppm lead content limit (that goes into effect August 14, 2011 if the Commission determines it to be technologically feasible) apply prospectively instead of retroactively. FASA had joined with other trade associations in sending a January 11 letter urging the CPSC to seek authority from Congress to grant common sense, risk-based exclusions from the applicable total lead limits under the CPSIA.
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The House Judiciary Committee on January 13 approved the Discount Pricing Consumer Protection Act of 2009 (H.R. 3190). If approved by the full Congress, the legislation would overturn a 2007 Supreme Court decision that provided U.S. fashion accessories brands the ability to set minimum prices for their products. The bill now goes to the full House floor. No action is yet scheduled for the House floor or on a companion in the Senate.
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For questions or for additional information, please contact Nate Herman, FASA’s Director of Government Relations, at 703-797-9062 or nherman@geminishippers.com.
