After the ban in 2008 on lead in children's products, some manufacturers have replaced lead with more dangerous heavy metal cadmium in products such as jewelry, toys and glassware. Cadmium is a soft, bluish-white, natural metal that was used in batteries and coatings on consumer products.
Cadmium is hazardous to your health?
Cadmium is a known carcinogen and a number of studies have concluded that it is toxic. Prolonged exposure can damage the kidneys and bones. Children are at greater risk because they put things in their mouth and oral exposure can cause developmental problems in young children.
According to an article published in Environmental Health Perspectives journal, children who swallow jewelry containing cadmium or mouth can be exposed to 100 times the maximum recommended exposure limits. Damaged pieces of jewelry were also found in the leaching of cadmium and 30 times more good parts. The researchers concluded that the risk of injury is greater along one element remains in the stomach of a child.
Product Recalls
Last year, the Associated Press (AP) to investigate the amount of cadmium for the production of inexpensive jewelry. AP tested more than 100 products in stores in Texas, New York, Ohio and California. Several points 80-90 percent of cadmium. The highest concentration of cadmium found in bracelets are sold and marketed to young girls. The survey results required several product recalls:
- WalMart and Claire is an international jewelry and accessory store chain, jewelry recalls issued shown to have toxic levels of cadmium.
- Cadmium is also used in paints. In June 2010, was recalled drinking glass after McDonalds Shrek US Consumer Product Safety Commission (CPSC) high levels of cadmium in the paint used on the glass.
Legislative Action Attempted
Federal law does not prohibit the use of cadmium in consumer products such as jewelry and jewelry, which can be marketing to children. Senator Charles E. Schumer (D-NY) has proposed federal legislation last year to determine cadmium, a dangerous substance and ban the use of cadmium in children's jewelry sold in the United States. Consumer Products Safety Commission has also studied the use of cadmium in children's metal jewelry. Inez Tenenbaum, Chairman of the CPSC has warned that the Asian manufacturers to stop the use of cadmium after receiving complaints of toxic metals in jewelry for children.
Although legislation has stalled at the federal level, Connecticut, Illinois, Minnesota, Maryland (not more than 0.0075%) and California (not more than 0.03% from 2012), have passed laws to ban cadmium in children's jewelry. New Jersey, New York, Maine, Hawaii, South Dakota, Kentucky, Massachusetts and Florida and a growing list of states considering laws to limit the amount of cadmium in children's jewelry. The main objective of the state legislature was items for children, because children are especially vulnerable to poisoning by cadmium.
Law Product Liability
A defective product is not fit for purpose and can be dangerous or harmful in normal use due to faulty construction, assembly or manufacturing. A defective product as a toy may present a choking hazard to infants. Another common example of a defective product is an electric blanket that can malfunction and catch fire. Product liability holds seller and distributor of the product responsible for the cost of damages or injuries caused by defective product.
How this law applies to cadmium in the jewelry? For one thing, the threat of legal retailers to take prompt action to remove products. On September 9, 2011, the Oakland-based Center for Environmental Health, and 26 major retailers, including Target Corp., Gap Inc., Banana Republic, and Claire made a deal. Negotiators have agreed to all but eliminate cadmium in children and adults as jewelry and accessories they sell.
Retailers wanted to focus on what can rub cadmium in normal use. However, the parties eventually agreed on a test that measures the amount of cadmium in the subject. This is a more careful approach to health, since even small amounts of cadmium can cause disease.
Oakland-based Center for Environmental Health (CEH) filed suit in California under Proposition 65, a California law aimed at keeping potentially hazardous materials and products from the public. The trial prompted retailers to discuss the problem.
If you or a family member was injured by a defective product, an experienced lawyer personal injury can explain your rights and discuss the remedies that are available. When a product is defective, such as cadmium or jewelry containing an electric blanket that can malfunction and catch fire, you do not have to depend on the goodwill of the dealer or manufacturer. Sometimes a lawsuit is needed to solve problems and obtain compensation for personal injury.
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