Illinois Becomes Second State to Ban Cadmium Content in Children’s Toys

By Mike Rozembajgier

In another important reminder of the increasing regulatory focus on the elimination of toxic metals and chemicals from consumer goods, the State of Illinois recently banned the use of cadmium in children’s jewelry. As both state and federal legislation continues to be debated, manufacturers and retailers should be aware of their vulnerability to cadmium contaminated products and be prepared in the event that they have to be recalled.

Illinois now joins Minnesota as the second state to pass legislation banning the use of cadmium in children’s toys and the toy jewelry in which it is most commonly used. Under the new Illinois law, manufacturers are required to measure the amount of cadmium that can potentially seep out of a product in a two hour period while it is immersed in a solution that simulates digestive acid, replicating exposure as it commonly occurs from sucking or swallowing a contaminated toy. California, Maryland and Connecticut have passed similar laws scheduled to take effect in 2012 and 2014.

The risk posed by cadmium in children’s products was first brought to national attention last year by the Associated Press in an investigative article reporting that Chinese manufacturers were using cadmium as a substitute for lead in toy charm bracelets and pendants. The AP found that several trinkets purchased at national and regional chain stores contained more than 85 percent cadmium content by weight.

A follow up article notes that “Regulators and lawmakers reacted swiftly to the AP report, which found that some Chinese manufacturers have been using cadmium, sometimes at extraordinarily high levels.”

The increased use of cadmium serves as a reminder of the inherent difficulties of monitoring and regulating the global marketplace. In 2008, after the U.S. Consumer Product Safety Commission (CPSC) cracked down on the use of lead in products sold in U.S., some manufacturers switched to cadmium which is even more toxic than lead. In an interview with the New York Times, Environmental Defense Fund Senior Scientist Richard Denison said, “a number of companies in China started shifting to cadmium instead, because it wasn’t subject to the regulations, and as a result, they have gone to a metal that’s arguably even worse in terms of potential health effects.”

Increased awareness of the use of cadmium eventually contributed to the recall of products sold by Wal-Mart, Claire’s Boutiques and 12 million Shrek themed promotional drinking glasses sold by McDonalds.

The CPSC has since set a limit of cadmium content of 75 parts per million in consumer goods. As new regulations contribute to a patchwork of consumer protection laws regulating the use of cadmium, manufacturers and retailers should keep an eye on pending legislation at both the state and federal level, and seek to mitigate the dangers of cadmium contamination before being forced to do so by the regulators.

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