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Government Seeks to Recall and Regulate Cadmium in Children?s Products

By Paul Napoli

Following an investigation by the Associated Press, the U.S. Consumer Product Safety Commission (CPSC) has tested and recalled two Disney necklaces because they contain cadmium, a metal that is dangerous to children.

In the first cadmium related recall in U.S. history, the CPSC is recalling about 55,000 of Disney's The Princess and the Frog necklaces, sold exclusively at Wal-Mart nationwide from November 2009 through January 2010 for $5. Wal-Mart voluntarily pulled the necklaces from store shelves the same day they were featured in an Associated Press article on January 11, 2010.

Cadmium is a heavy metal used in consumer products such as batteries, pigments and coatings/platings. It is a known carcinogen and shown to cause developmental problems in small children. Children wearing jewelry containing cadmium absorb the toxin through the skin and by placing the jewelry in their mouth.

The recalled jewelry is shaped as a metal crown or frog pendant on a metal link chain necklace in a crown-hinged box. The packaging has the words 'The Princess and the Frog' on it and contains the following model numbers and UPC codes: Crown Model # 4616-4187 UPC # 72783367144 and Frog Model # 4616-4190 UPC # 72783367147.

The AP investigation bought and tested 103 pieces of children's jewelry in New York, Ohio, Texas, and California, finding twelve percent of the pieces contained at least 10 percent cadmium. Pendants from four The Princess and the Frog necklaces ranged between 25 and 35% cadmium and one other piece was whopping 91% cadmium. The Consumer Safety Improvement Act of 2008 barred the use of lead in products for children under 12 years old. In response, some Chinese manufacturers started using cadmium, the AP reported.

Two days after the AP article, U.S. Senator Charles E. Schumer, of New York, announced legislation to ban the use of cadmium and certain other heavy metals in children's jewelry.

It is shocking and unacceptable that Chinese manufacturers are putting a deadly toxic metal that threatens our children's health and well being into jewelry and trinkets that kids play with and chew on. It makes your blood boil. This has to end, and end now,' said Senator Schumer. 'This new report shows that cadmium is not only extremely harmful to our children but also extremely common in children's products across the United States. There is enough evidence about how dangerous this metal is that we must take action immediately so no more children are put in harm's way. It's time to get this toxic metal—and all others like it—out of children's jewelry and keep it out.'

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child was injured or killed as the result of a defective product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury or loss. Call 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

Full post as published by New York City Personal Injury Lawyer on February 02, 2010 (boomark / email).