Recent recalls by the U.S. Consumer Product Safety Commission (CPSC) of children's products that contain dangerous levels of lead show that dangerous products continue to make it into the marketplace. Such data provides more support for recently enacted laws which impose stiff penalties both at the supplier and seller level if lead containing products are distributed and/or sold.

Products recalled include lip gloss key chains imported by Markwins Beauty Products, toy play construction play sets manufactured and distributed by DDI Inc., and a skull and bones necklace imported by Spencer Gifts.

Approximately 75,000 units of the lip gloss key chains were sold nationwide at Rite Aid, Kmart, Fred Meyer and WalMart stores during October 2008 for about $1.The metal clasp attached to the key chain was found to contain high levels of lead. About 3,000 of the construction play sets were sold at Home centers, hardware stores and farm stores nationwide from October 2008 through December 2008 for about $20. The surface paint on the play sets was found to contain lead. An estimated 8,400 skull and bones necklaces were sold nationwide at Spirit Halloween and Spencer Gift stores from November 2006 to December 2008 for between $8 and $10. The skull and metal clasp of the necklace was found to contain high levels of lead.

Lead is a heavy metal and a known neurotoxin. Exposure to lead has been shown to have serious health consequences. Even at low levels of exposure lead has been shown to cause decreased cognitive development (including decreased intelligence) and problems during pregnancy including intrauterine growth retardation (IUGR) and preterm birth. At very high levels of exposure lead can cause death.

Although exposures to lead have declined significantly since lead was removed from most paint and gasoline, exposures have not been eliminated. People living in old homes with peeling paint and/or in properties near freeways (due  to lead being deposited in soil) continue to be at increased risk of lead exposure. Consumer products recalled because of lead often contain lead in the paint or in the metal parts used.

The Consumer Product Safety Improvement Act (CPSIA) requires that manufacturers and distributors of products -- particularly children's products, use a third party to test products for lead and must issue a certificate indicating that a product is below the set limits for lead content. The act reduces the levels of acceptable lead in children's products over time. Starting February 10th, 2009, children’s products that contain more lead than 600 parts per million (PPM) are banned in the United States. After one year from enactment, or Aug. 14 2009, these products may contain no more than 300 ppm of lead. After Aug. 14, 2011, the limit goes down to 100 ppm.

At this time the maximum penalty for a violation of the act is $100,000, with a maximum of $15 million for a series of related violations. Responsible parties including company directors, employees and/or their agents can also be imprisoned for up to five years for violations.

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