The U.S. Consumer Product Safety Commission (CPSC) has denied a request by the Fashion Jewelry Trade Association (FJTA) to exclude crystal and glass beads contained in children’s jewelry and other products from the lead content limits established by the Consumer Product Safety Improvement Act of 2008 (CPSIA).

In a statement about the decision, CPSC Chairman Inez M. Tenenbaum, who voted against granting the exclusion, stated that although the CPSC staff recognizes that most crystal and glass beads do not appear to pose a serious health risk to children, ingested crystal beads that leach lead will result in some lead absorption, and, on that basis, the request for an exclusion must be denied.  Chairman Tenenbaum further stated that the CPSC will focus its enforcement activities on crystal and glass bead products designed and intended primarily for children six years of age and younger, as children in this age group are most at risk of mouthing and swallowing small objects.  She also noted that, especially during the CPSIA’s implementation period, the CPSC’s primary enforcement focus remains on “noncomplying lead products that present serious health risks to children.”  Commissioner Thomas H. Moore, who also voted against granting the exclusion, echoed Chairman Tenenbaum’s remarks about enforcement and added that he is voting to direct the CPSC staff to focus their activities on children’s jewelry, clothing and other items containing lead crystal designed for children six years of age and younger.

While agreeing that the statute does not allow sufficient flexibility to grant exclusion in this case, Commissioner Nancy A. Nord did, however, cast a lone vote in favor of granting a limited stay of enforcement of the lead limits as they apply to crystal and glass beads.  Such a stay of enforcement would allow Congress time to consider and address “the unintended consequences of the CPSIA,” which Commissioner Nord defined as unnecessary economic hardship and the banning of products that have no real safety issues.  In her statement, she remarked that, “It is time for Congress to address the serious issues created by this law in order to make it truly work for the consumer.  The lead exclusion process would be one place to start.”

Link to Commissioner Tenenbaum's statement

Link to Commissioner Moore's statement

Link to Commissioner Nord's statement