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Jewelry Product Responsibility

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Jewelry Product Responsibility PROMOTIONAL PRODUCTS ASSOCIATION INTERNATIONAL SUBJECT LAST UPDATE Jewelry Product Responsibility March 20, 2015 APPLIES TO FOCUS ON • Suppliers Various standards, federal and state regulations • Distributors that apply to both adult and children’s jewelry QUICK LINKS • PPAI Corporate Responsibility: www.ppai.org/inside-ppai/corporate-responsibility/ • UL: industries.ul.com/premiums-promotional-and-licensed-goods Best Practices • Consumer Product Safety Commission: www.cpsc.gov Available For Purchase: PPAI Sourcing And Compliance Manual: www.ppai.org/shop/product-safety Product Responsibility Italic grey text indicates a hyperlink listed in the Online Resources section of this document. Background Several federal and state regulations apply to both requirements for lead, body-piercing adult and children’s jewelry that affect the promotional jewelry, batteries, suction tongue products industry. These include but are not limited to: studs, batteries and requires that ASTM standards, CPSC regulations, California regulations statements of nickel content must be including California Proposition 65 and California’s based on reliable testing. Metal Containing Jewelry Law, other state regulations and Federal Trade Commission requirements, as well as ASTM F2923 Consumer Product Safety for Children’s standard performance and quality testing. Jewelry is a voluntary standard for children’s jewelry. “This specification establishes requirements and test methods Standards for specified elements and certain mechanical hazards in children's jewelry. It also includes recommendations ASTM Standards: The ASTM International, formerly for age labeling and warnings, as well as guidelines on known as the American Society for Testing and identifying the primary intended users, namely children or Materials, is a global recognized leader of international adults. The specification also lists the lead content limits voluntary standards. Over 12,000 standards are used for children's jewelry, the materials that are excluded from for many different types of products and industries the lead limits in children's jewelry, and the approved around the world. Some ASTM standards have been materials for children's body-piercing jewelry.” adopted as mandatory standards, either by federal or state government. One example is the ASTM F963-11 Regulations Consumer Safety Specification for Toy Safety. This Consumer Product Safety Improvement Act (CPSIA): If standard was voluntary until the enactment of CPSIA and it is determined that jewelry can be considered children’s has since been adopted as a mandatory standard. jewelry, specific requirements will apply. There is also an ASTM standard • For accessible substrate materials (both metal and for adult jewelry, ASTM F2999, non-metal), the allowable limit is 100 parts per Standard for Consumer Safety million (ppm). A substrate is the casting, raw Specification for Adult Jewelry. This standing or other base material used prior to is currently a voluntary standard. It finishing. does not cover every conceivable hazard of adult jewelry, product • For surface coatings, the allowable limit is 90 ppm. performance or quality, except as it A surface coating is a fluid, semi-fluid or other relates to safety. It also sets © 2015 Promotional Products Association International (PPAI). This information is furnished by PPAI for educational and informational purposes only. PPAI makes no and expressly disclaims any and all representations and warranties, express or implied, including any warranty of fitness for a particular purpose and/or statements about specific dates, coverage, application or otherwise. Users are advised to consult with appropriate legal counsel or other professional about the specific application of the law or this information to the user’s business and products. PROMOTIONAL PRODUCTS ASSOCIATION INTERNATIONAL material that changes to a sold film when a thin layer Rhode Island Children’s Jewelry Safety Act is is applied to metal, wood, stone, paper, plastic or the adoption of ASTM F963-11 Consumer Safety another surface. In order to determine if the item has Specification for Toy Safety as a mandatory standard, a surface coating, a lab will use a razor blade to making Rhode Island the first state to approve an all- scrape the surface. If the coating can be removed encompassing standard for children’s jewelry. Children’s without the substrate, it is considered to have a jewelry manufactured after December 18, 2012, must surface coating and tested as such. conform to the requirements of this standard. This standard defines children’s jewelry as jewelry designed primarily or Specific test methods are provided by the CPSC for metal primarily intended for children 12 years of age and younger substrates, non-metal substrates and surface coatings. that includes ornamentation, and it is similar to the CPSIA For children’s products third party testing and tracking children’s product definition. If you determine you have a labels are required: children’s product under CPSIA, you must also comply with this standard if you are distributing in the state of Rhode 1. Third-Party Testing. This is mandatory. You must Island. have your children’s jewelry tested by a CPSC- approved and accredited laboratory. A list of The act also establishes requirements and test methods accepted labs is available on the CPSC website, for specified elements and certain mechanical hazards in www.cpsc.gov/cgi-bin/labsearch/. children’s jewelry. In addition, it includes recommendations for age labeling and warnings as well as guidelines on 2. Tracking Labels. Tracking labels are required for all identifying the primary intended users, namely children or children’s products. They must be on the product, to adults. Finally, it lists the lead content limits, the materials the extent practicable, and on its packaging. that are excluded from lead limits in children’s jewelry and approved materials for children’s body-piercing jewelry. When A Tracking Label Cannot Be Affixed To The Jewelry. In many cases, it would be considered impracticable to California Proposition 65 is also known as the Safe mark the jewelry itself with a permanent tracking label for Drinking Water and Toxic Enforcement Act of 1986. Its one of the following reasons: purpose is protecting California citizens from chemicals known to cause cancer, birth defects or other reproductive • Product is too small to be marked harm and to inform California citizens about exposures to • The mark would weaken or damage the product these chemicals. The Office of Environmental Health • Product’s surface would be impossible to mark Hazard Assessment (OEHHA) administers the Proposition (ex: elastics, beads, small pieces of fabric) 65 program. OEHHA is part of the California EPA and • The aesthetics of the product would be ruined by the evaluates all currently available scientific information on mark and the mark cannot be placed in an substances considered for inclusion on the California inconspicuous location Proposition 65 chemical list. • If the item is sold as a set or in or pairs (i.e. hair ornaments or earrings), only one of the items must For jewelry, recent settlements have set the following be marked limits for jewelry: In these cases, the tracking label should be applied to • Phthalates. <1,000 parts per million the packaging. Given the type of product and packaging, • Cadmium. <75 parts per million each manufacturer is ultimately responsible to make • Lead. <200 parts per million for substrates, a reasonable judgment about which of the required <90 parts per million for surface coatings. information can be marked on their product and packaging. While jewelry manufacturers may deem it not practicable California Metal Containing Jewelry Law was actually to mark the product, it may still be practicable for affix the born from various Proposition 65 settlements with tracking label to the product’s packaging. numerous jewelry manufacturers. The Department of Toxic Substances Control (DTSC) is responsible for enforcing California’s law to protect children and adults from -2- © 2015 Promotional Products Association International (PPAI). This information is furnished by PPAI for educational and informational purposes only. PPAI makes no and expressly disclaims any and all representations and warranties, express or implied, including any warranty of fitness for a particular purpose and/or statements about specific dates, coverage, application or otherwise. Users are advised to consult with appropriate legal counsel or other professional about the specific application of the law or this information to the user’s business and products. PROMOTIONAL PRODUCTS ASSOCIATION INTERNATIONAL exposure to lead and cadmium in jewelry. In some cases, 3. A metallic material that is either a Class 1 material distributors know exactly what state and location an item or contains less than 0.06 percent (600 parts per will be distributed in when the item is used for a specific million) lead by weight. promotion or event only taking place in one location. Other times, promotional products are distributed nationwide and 4. Glass or crystal decorative components that weigh cannot be segregated. In these cases, all products must in total no more than one gram, excluding any glass comply with California’s regulations. or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by Note: If you choose to use the California Proposition 65 weight and has no intentionally added lead. warning
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