New Standards Defining Cadmium Recalls for Jewelry Industry

By Mike Rozembajgier

After the U.S. Consumer Product Safety Commission (CPSC) announced that it will write regulations limiting cadmium content in children’s jewelry if the industry fails to do so itself, the industry quickly responded, saying it would self-regulate according to standards that were passed ASTM International. With product manufacturers now on deadline to significantly minimize, if not eliminate cadmium in children’s products, it is imperative that the entire supply chain remains alert in order to prevent product recalls. But should regulations quickly change, manufacturers and retailers need to be prepared with a recall plan to ensure effective recall management should the regulatory agency require swift action.

The agency’s recent announcement, even after being answered by the children’s jewelry industry, signals an increasing regulatory focus on the elimination of toxic metals and chemicals in children’s products. But the focus is not only federal. Several states, including Illinois, Minnesota, California and Maryland, have already passed laws limiting cadmium’s use in consumer goods. Similar legislation is pending in several other states, including Massachusetts, New York and Florida.

The CPSC’s warning to the industry was issued first in the Federal Register. The Federal Register explained that the agency granted a petition from several consumer groups asking that cadmium be completely banned, unless a “voluntary standard for cadmium in children’s toy jewelry” can be established. A recent Bloomberg article discussing the CPSC updates noted that “after receiving a petition from the Sierra Club and three other consumer groups, CPSC Chairman Inez Tenenbaum said retailers and manufacturers needed to act ‘to protect the health and safety of consumers’.”

Last year, the Associated Press conducted several investigative reports which detailed cadmium’s use among Chinese manufacturers in particular, who were using the toxic metal in substantial amounts in some cases. In response to the investigative articles, the CPSC helped recall about 300,000 contaminated goods from the marketplace. Subsequently, recalls were issued for products sold by Wal-Mart and Claire’s Boutiques, as well as drinking glasses sold by McDonalds.

If industry lobbying efforts are unsuccessful, manufacturers will be forced to comply with the more stringent individual state limits that will remain in effect. Meanwhile, the CPSC has indicated that it will use the new voluntary guidelines as a reference when deciding on whether to issue product recalls.

If a mandatory cadmium cap can be agreed upon, it would eliminate the patchwork of state and federal regulations that currently exist. But as product manufacturers and retailers await a final nationwide mandate, they should work to decrease their reliance on the toxic metal now and limit recall risks before it is too late.

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