California Suing Major Retailers Over Lead in Jewelry Allegations
June 24, 04California is suing 13 major retailers alleging they broke state law by not warning customers that some of their jewelry contains lead. Private lawsuits containing similar allegations have been filed against a further 11 retailers.
Named in the state's suit were Macy's, Target, Wal-Mart, Kmart, J.C. Penney, Mervyn's, Nordstrom, Ross, Sears, Express, Claire's, Toys "R" Us and Burlington Coat Factory, along with some of their affiliates and parent companies, according to The San Jose Mercury News.
Tests showed that costume jewelry the stores sell mainly to teenagers and younger children contained high levels of lead, in both the metal and nonmetal parts, that were well above that which requires a warning to consumers under California law.
A lawyer representing six of the retailers said the firms were the targets of lawsuits aimed at products they do not make and were trying to cooperate with the authorities to agree on which products are problematic and steps that can be taken to rectify the situation.
The jewelry is sold under brand names including Nine West (Macy's), Orion (Burlington), Claire's, Worthington (J.C. Penney), Juststyle, Thalia (Kmart), Nadri, Eitenne V (Nordstrom), Apostrophe, Mainframe (Sears), No Boundaries (Wal-Mart), French Laundry (Mervyn's) and Xhilaration (Target).
The Oakland-based Center for Environmental Health said it is planning to sue 43 retailers for inadequate lead warnings. The center joined in the state's lawsuits and filed its own suits against 11 other retailers.
These include: Anchor Blue, Cornerstone, Forever 21, Gerson, Hot Topic, Joe Boxer, Jordache, Lane Bryant, Lerner New York, Limited Too, Longs Drug, Rainbow, The Buckle, and The Wet Seal.
The jewelry includes necklaces made with plastic cords and metal jewelry made with low-grade tin, both containing lead, the center said. It said lead contamination is a particular concern if women or children chew on the cords or metal parts.
Lead from jewelry can be absorbed either through the skin or through hand-to-mouth contact, and can cause brain and kidney damage, hearing loss, birth defects and can stunt growth, with children particularly vulnerable.
The suit asks a judge to prohibit the stores from selling the jewelry in California without providing the required warning about lead exposure, and asks for civil penalties of up to $2,500 for each violation.