The Wall Street Journal-20080212-Agency Misses Chance to Curb Lead in Jewelry- Failure to Craft New Rules On Imports- Pursue Violators Raises Ire Among Consumers

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Agency Misses Chance to Curb Lead in Jewelry; Failure to Craft New Rules On Imports, Pursue Violators Raises Ire Among Consumers

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The Consumer Product Safety Commission failed to exploit an opportunity to crack down on unsafe imports -- a lapse that consumer advocates say could leave children at continuing risk of exposure to lead-tainted toy jewelry.

This past August, Congress temporarily authorized the CPSC to make rules governing the manufacture of such products and to pursue violators in court -- powers the agency had lost after the resignation of its chairman left it without the necessary quorum. But that special authorization expired last week without the agency taking action against lead-tainted children's jewelry -- after a year of many high- profile product recalls.

Now the consumer-protection spotlight passes to federal legislators, who last year introduced bills in the Senate and the House of Representatives that would ban or severely restrict lead in all children's products and add more enforcement manpower to the CPSC. The House passed its bill in December. But the Senate bill has been stalled in committee as Democrats and Republicans wrangle over several key provisions, including confidentiality protections for manufacturers.

Consumer and environmental groups, as well as parents, are increasingly frustrated with the CPSC's sluggish pace. "It makes me angry. It's been almost five years since what happened to my son," says Kara Burkhart, the 30-year-old mother of a boy whose near-fatal lead-poisoning in July 2003 prompted the biggest recall in U.S. history -- 150 million vending-machine trinkets made in India. "They really haven't accomplished very much in this whole time," she says. Last week, Ms. Burkhart traveled to Washington from her home in Redmond, Ore., to meet with lawmakers in support of the Senate bill.

A CPSC spokeswoman said the agency didn't get to a vote to ban lead in children's jewelry because the necessary research on the issue by staff hadn't been completed before the temporary authorization expired. The spokeswoman said staff researchers, engineers and others had been diverted to work with Congress on planned legislation and other issues.

"I think it is a missed opportunity," says Rachel Weintraub, product safety director at the Consumer Federation of America, about the CPSC's failure to ban lead in children's metal jewelry. "We hope Congress will act soon, but we don't know when that will happen."

Since 2004 the CPSC has recalled millions of pieces of metal children's jewelry -- including rings, charms, bracelets and necklaces, most imported from China -- because of high lead content. That's in addition to scores of toys and children's products -- including Thomas the Tank Engine trains and Barbie play sets -- that also have been recalled because of lead paint in recent years. Federal laws bar paint containing lead, but not specifically lead used in manufacturing plastics and other materials. Last year, recalls of all products by the CPSC hit a record 473.

Frustrated by the CPSC's slow pace on banning lead-tainted products, some advocacy groups have pressed other agencies to help move the issue forward. The Environmental Protection Agency, beginning on Feb. 28, will require manufacturers, retailers and other importers to file health and safety reports when they detect lead in many children's products. The move is intended to help regulators determine the scope of the lead problem in children's products. But the new EPA reporting requirement omits lead in children's metal jewelry because the EPA expected jewelry would be handled by the CPSC.

The new reporting requirement is a result of a court settlement the EPA reached last year with the Sierra Club, an environmental group, and Improving Kids' Environment, a child-health group. The groups had filed a lawsuit after the EPA denied a petition asking the agency to gather information on lead in children's products under the 1976 Toxic Substances Control Act.

The fact that the EPA will collect data doesn't mean it is necessarily going to regulate lead in consumer products, said Mike Mattheisen, the EPA's acting branch chief, chemical information and testing branch.

Manufacturers are separately required to submit reports of hazardous or defective products to the CPSC.

Incidents of lead poisoning in the U.S have declined sharply in the past 30 years. In 1978, there were 13.5 million children with elevated blood-lead levels. That number dropped to 310,000 by 2002, according to the federal Centers for Disease Control and Prevention. Health officials credit banning lead in house paint and gasoline for much of the progress.

Still, the stakes of lead-contaminated toys are high. Ms. Burkhart says she remembers the day in July 2003 when her then 4-year-old boy, Colton, came down with vomiting and diarrhea. He was initially diagnosed stomach flu, but the symptoms worsened. An X-ray revealed a small metal object lodged in Colton's stomach. Doctors operated, removing a toy medallion, and assumed all would be well.

But within days, the boy had a golf-ball-size lump on his cheek and extreme lethargy. On a hunch, a pediatrician ordered a blood test for lead and found Colton had a near-fatal level of the toxic metal in his blood.

Injections of chelation agents every three hours, followed by intravenous treatment, saved Colton's life, Ms. Burkhart said. Two weeks in the hospital was followed by weeks of oral therapy at home. Gradually, his lead levels fell. Today, Colton still has about 14 micrograms per deciliter (below 10 is normal, according to the CDC) and requires yearly evaluation. He also sees several therapists because it isn't known whether he suffered lasting mental or physical damage; lead is known to cause behavioral and developmental problems.

The massive lead-jewelry recall by the CPSC didn't occur until July 2004, a year later. In February 2005, the CPSC announced new testing guidelines for children's metal jewelry, and the agency's then- chairman urged manufacturers to reduce the lead in children's jewelry. After another year, in February 2006 a 6-year-old Minnesota boy died of lead poisoning from swallowing a charm included as a free gift with a pair of Reebok sneakers. The next month, the initial lead jewelry recall was extended, and the Reebok charm also was recalled. Nine months later, in December 2006, after testing many toy jewelry items, the CPSC voted to take the first steps toward banning lead in children's metal jewelry.

Beginning January 2007, the CPSC, with just two commissioners, lacked the necessary quorum to enact rules or take enforcement action. Congress this past summer approved a temporary measure authorizing these powers even with just two commissioners. But with that authorization now expired, the CPSC can only regain those powers if Congress were to pass another temporary authorization, or President Bush would need to appoint, with Senate confirmation, a third commissioner.

Some industry representatives are dismayed by the slowness of the process. Nancy Harvey Steorts, a former chairman of the CPSC under President Reagan who represented four importers of toxic jewelry in recall negotiations with the agency, said importers and retailers need uniform standards and enforcement. To achieve this, she said, the CPSC needs to have a permanent chairman appointed.

"It is in the consumer's best interest, but also in the industry's best interest, to have an appointment made of a highly qualified person to be chairman of the CPSC," Ms. Steorts said.

Meanwhile, the toy industry is stepping up efforts at self- regulation. The Toy Industry Association is expected to unveil a mandatory testing and certification program with the American National Standards Institute later this month.

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Heavy Metal

Regulators have made scant progress at banning lead in some children's

products. Here's what to consider:

-- Parents should honor age labels when buying products for young children.

-- Consider using a lead-testing kit to check toys and other items

purchased.

-- If you suspect a child has ingested lead, consult a physician.