ISSUEWhich states limit cadmium in children's jewelry, and what are the penalties for violating such laws?

SUMMARY

At least six states (California, Connecticut, Illinois, Maryland, Minnesota, and Washington) limit the amount of cadmium in children's jewelry. But only California, Illinois, and Washington provide specific penalties for violations. California's penalties range from a civil fine of up to $2,500 to a misdemeanor with a chance of imprisonment and a $100,000 fine; Illinois allows for civil penalties, including fines of up to $50,000; and Washington penalizes violating manufacturers with fines of up to $10,000.

Cadmium is a natural metallic element found in the earth's crust. The U.S. Department of Health and Human Services has determined that cadmium and its compounds are human carcinogens. Some animal studies indicate that the young (1) absorb more cadmium than adults and (2) are more susceptible than adults to bone loss and decreased bone strength from cadmium exposure.

CALIFORNIA

California law prohibits anyone from manufacturing and selling children's jewelry with more than .03% (by weight) of cadmium. This limit applies to jewelry marketed to children age six or younger (Cal. Health & Safety Code § 25214.2).

Violators of the law are subject to a maximum fine of $2,500 per day for each violation. Additionally, jewelry manufacturers or suppliers who knowingly and intentionally violate the law are guilty of a misdemeanor and subject to fines of between $5,000 and $100,000, up to one year imprisonment, or both. And if, with intent to deceive, they falsify any document required to be kept or produced, they are subject to a maximum fine of $50,000, one year imprisonment, or both (Cal. Health & Safety §§ 25214.3.3 & -25214.3.4).

CONNECTICUT

Effective July 1, 2016, Connecticut law limits the allowable amount of cadmium in children's jewelry to a maximum of .0075% (by weight) (CGS § 21a-12d). Under the law, “jewelry,” includes charms, bracelets, pendants, necklaces, earrings or rings, and any component intended to be worn by children age 12 or younger.

ILLINOIS

Illinois law prohibits anyone from manufacturing, selling, or distributing children's jewelry containing more than .0075% of cadmium on any accessible surface (e.g., paint or surface coating) (430 Ill. Comp. Stat. 140/15). This limit applies to jewelry made, marketed, or designed for, or intended primarily for children under age 12.

If the state attorney general believes a violation of law has occurred, he or she may seek judicial action. This includes seeking civil remedies such as permanent or preliminary injunctions and restraining orders. The attorney general may also request the court to impose a civil penalty of up to $50,000 for each violation (430 Ill. Comp. Stat. 140/30).  Each item and standard constitutes a separate violation and is in addition to any penalties, injunctions, or other relief allowed by law. 

MARYLAND

Maryland law prohibits anyone from manufacturing, selling, or offering to sell children's jewelry containing more than .0075% (by weight) of cadmium (Md. Code Ann., Envir. § 6-1402).

Maryland law applies to jewelry including charms, bracelets, pendants, necklaces, earrings or rings, and any component intended to be worn by children age 12 or younger (Md. Code Ann., Envir. § 6-1401).

MINNESOTA

Minnesota law prohibits manufacturers, wholesalers, and retailers from selling or offering to sell children's jewelry with more than .0075% of cadmium on any accessible surface (Minn. Stat. § 325E.3891).

This limit applies to jewelry made for or marketed to children age six or younger (Minn. Stat. § 325E.389)

WASHINGTON

Washington's Children's Safe Products law prohibits manufacturers, wholesalers, and retailers from knowingly selling, offering to sell, or distributing, among other metals, cadmium at more than .004% (by weight) (Wash. Rev. Code § 70.240.020).

Manufacturers that violate this law are subject to a maximum civil fine of $5,000 for a first offense and $10,000 for each subsequent offense (Wash. Rev. Code § 70.240.050).

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