Stores to stop selling jewelry with toxic lead

Seventy-one companies, including some of the nation's top retailers, have agreed to end sales of children's and adults' costume jewelry containing toxic lead.

The agreement, settles a lawsuit brought by the California Attorney General's Office and the Center for Environmental Health. The pact is binding in California, but because that state constitutes such a big consumer market, it is expected to affect jewelry sold throughout the nation, said Charles Margulis, the environmental group's spokesman.

The companies, including Target, Kmart, Macy's, Nordstrom, Claire's, Mervyn, Sears, Toys R Us, Disney, Burlington Coat Factory, JCPenney and dozens of others, have agreed to sell only reformulated jewelry containing lead levels of no more than 600 parts per million for metal and no more than 200 parts per million for PVC plastic jewelry.

Wal-Mart not part of agreement

Wal-Mart, the nation's largest retailer, did not join the settlement. A Wal-Mart spokeswoman could not be reached for comment.

The lawsuit was prompted by tests that showed high lead levels in some children's and adult costume jewelry.

In June 2004, laboratory tests of children's jewelry sold in bubblegum-type vending machines found 12 of 16 pieces purchased contained lead, sometimes in levels of 180,000 parts per million or higher. The next month, the U.S. Consumer Product Safety Commission announced a voluntary recall of 150 million pieces of vending machine jewelry, the largest CPSC recall in history.

The concern is that young children who handle tainted jewelry can ingest lead if they eat without washing their hands or accidentally swallow an item.

Even in small amounts, lead can cause irreversible neurological damage, delayed physical and mental development and attention and learning problems.

The settlement requires jewelry retailers to inform suppliers of the reformulation requirements within 90 days. Suppliers are required to eliminate or significantly reduce the lead as soon as possible, by 2008 at the latest. The companies also agreed to pay $1.875 million to establish a fund for testing, public education, penalties and legal costs.

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