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Retailers Remove Lead-Tainted Jewelry after NY Probe

Michaels, Family Dollar, Big Lots agree to stricter standards

November 23, 2007

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New York State Attorney General Andrew Cuomo has reached settlements with retailers Michaels Stores, Inc. and Big Lots requiring that they immediately discontinue sales nationwide of children’s jewelry found to contain dangerous levels of lead.

The settlements, which include smaller retailers across the region, Internet distributors and a national supplier to craft stores, include enforceable provisions such as product testing and vendor certifications that will ensure lead-contaminated products are kept off store shelves.

Meanwhile, a national recall of lead-contaminated children’s jewelry based on Cuomo’s investigation was announced by the federal Consumer Product Safety Commission (CPSC). The CPSC recalls included:

• Family Dollar Recalls 'Rachel Rose' and 'Distinctly Basics' Metal Jewelry
• Michaels Stores Recalls 'Crystal Innovations' Jewelry
• La Femme NY Recalls Children’s Necklace and Earring Sets
• Colossal Jewelry Recalls Children's Metal Jewelry
• Cherrydale Fundraising Recalls Stretchable Aqua Bracelets
• 'Sparkle City' Jewelry Sold at Big Lots Stores

“Nothing is more important than the health and safety of our children,” said Cuomo. “My office has undertaken an ongoing and extensive investigation into lead levels in children’s jewelry, and taken swift, enforceable action to remove contaminated products from stores."

During the investigation, Cuomo’s office performed basic lead detection tests on children’s jewelry purchased from a variety of businesses located in the Albany, Buffalo, Syracuse, Long Island and New York City areas.

About half of the items tested contained excessive amounts of lead with some containing more than a thousand times the level identified by the CPSC as safe.

Some of these items came from small discount or “dollar” stores, while others came from national retailers, such as Big Lots, a national chain of 1,300 discount stores nationwide, and Michaels Stores, the nation’s largest retailer of arts and crafts materials with more than 950 retail outlets.

With the assistance of the New York State Department of Health, more complex lead analyses were performed on a subset of these products, which confirmed the initial test results.

Over the last two years, the CPSC has recalled over 150 million items of children’s jewelry because of their lead content. These recalls, however, are voluntary and unenforceable.

Cuomo’s investigation confirmed that despite such recalls, children’s jewelry containing lead is still being sold across the state. The settlements announced today are binding and enforceable. Violations of the settlement agreements will result in automatic penalties.

Other retailers, suppliers and distributors signing settlement agreements include:

• A Dollar in Henrietta, New York.
• Buckwholesale.com, of Tucker, Georgia.
• Colossal Jewelry and Accessories of Basking Ridge, New Jersey.
• Dollar Days International of Scottsdale, Arizona.
• Grand 99 Cent Store in Bronx, New York.
• Ming 99 Cent City in Colonie, New York.
• Pure Allure of Oceanside, California.
• Quality 99 Cents, Inc., in Uniondale, New York.
• The $ Limit of White Plains, New York.
• Yankee One Dollar, based in Waterford, New York with stores in New York, Vermont and Massachusetts.

Lead is toxic, especially to young children. Exposure to even small amounts of lead through ingestion or hand to mouth contact can cause a variety of permanent developmental and behavioral problems. Ingesting lead can cause acute poisoning, seizures, respiratory failure and death.

In one well-publicized case last year, a 4-year-old Minnesota boy died from acute lead poisoning after swallowing a heart-shaped charm from a bracelet that he received free with the purchase of athletic shoes.

Nationwide results

The settlement agreement with Michaels and Big Lots puts into place a number of safeguards to ensure that lead-contaminated items are kept off their shelves nationwide.

In addition to immediately stopping all sales of the lead-contaminated items and working with its supplier and the CPSC to recall them, Michaels has amended its vendor policy to require its suppliers to certify their compliance with federal and New York State laws prohibiting the sale of hazardous children’s products, including those with excessive lead.

Michaels has also agreed to expand its lead testing to a wide range of products using x-ray fluorescence technology combined with laboratory analysis, and to immediately discontinue sales nationwide of any additional items identified as unsafe. Similarly, the agreement with Big Lots also requires the chain to ensure its children’s jewelry products do not contain excessive levels of lead in their stores nationwide.

Health effects

"Even in the lowest doses, lead can cause developmental problems in children, and can be associated with attention deficit disorder," said Dr. Philip J. Landrigan, M.D., Chairman of the Department of Community & Preventative Medicine and Professor of Pediatrics at the Mount Sinai School of Medicine. "The Attorney General deserves high praise not only for forcing major retailers to discontinue their sales of children's lead jewelry but also for requiring them to take steps to keep these dangerous products off their shelves."

Dr. David O. Carpenter, M.D. of the Institute for Health & the Environment at the State University of New York at Albany said, "As a medical professional, I know only too well the permanent and devastating effects lead has on children. Exposure to lead reduces IQ and causes a shortened attention span that is irreversible."

New York state law prohibits the sale, import or manufacture of children’s products which pose an unreasonable risk of injury. The Attorney General’s Office forwarded the results of its investigation showing excessive levels of lead in children’s jewelry items to the CPSC for recall action.

Thus far, the CPSC has announced six product recall notices covering more than 35 products as a result of the Attorney General’s investigation. The CPSC’s recall is estimated to cover more than 500,000 individual items.

Parents who suspect that their children may be at risk due to lead exposure should consult a health care professional. Further tips on safe lead-free holiday shopping are available on the state Attorney General’s website at www.oag.state.ny.us.

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