The CPSC works with companies to issue recalls when it finds consumer goods that can be harmful. Most such recalls are voluntary. Under current regulations, children's products found to have more than .06% lead are usually subject to a recall, in which the company must reimburse consumers for the value of the product, provide a replacement or offer a repair.
In March 2006 a Minnesota boy died of lead poisoning after swallowing a metal pendant from a charm bracelet that came with a pair of Reebok shoes. That incident resulted in a recall.
In December of last year the CPSC voted unanimously to move forward in a process that could ultimately lead to a ban on children's jewelry containing more than .06% lead by weight. The commission is hoping to move to the next stage of enacting the ban before then end of January 2008.
On Wednesday, Wolfson said: "Parents should be very cautious during this holiday season when shopping for children's jewelry."
Other regional retailers who reached agreements with Cuomo's office to discontinue sales of affected products include Pure Allure of Oceanside, Calif., and Buckwholesale.com, of Tucker, Ga., Dollar Days International of Scottsdale, Ariz.
Describing the enforcement action further, Cuomo said several companies will pay fines.
"My office has undertaken an ongoing and extensive investigation into lead levels in children's jewelry, and taken swift, enforceable action to remove contaminated products from stores," he said.
Cuomo commended Michaels Stores and Big Lots for acting quickly and "agreeing to safeguards against lead contamination."
"It was blown a little bit out of proportion," said Keith Flike, president of Yankee One Dollar, one of the regional retailers that settled with Cuomo. "It wasn't a practice, it was a mistake that slipped through our vendor."
A few hundred items were sold, he said, and the remaining three dozen bracelets for children or adults were immediately removed from Yankee's stores in New York, Vermont and Massachusetts. Flike said he agreed to sign the agreement not to sell items with unsafe levels of lead because that's been the company policy.
In a statement, Michaels said it removed all Pure Allure products suspected of lead contamination from its store shelves when it learned about Cuomo's investigation. The company added that it conducts routine checks with vendors and its own independent testing.
Cuomo said that some of the 35 products his office investigated contained as much as 1,000 times the federal safety standard. Most of the jewelry was made in China, some was from Thailand and India, and some had no clear record of where the items were manufactured, said John Milgrim, a spokesman for the attorney general.
Big Lots, which agreed to pay a $1,000 penalty under the settlement, has 1,300 discount stores nationwide selling a variety of goods from toys and clothing to furniture. The privately -held Michaels does not have to pay a penalty, officials said. Michaels is the nation's largest arts and crafts retailer and has more than 950 stores in the United States and Canada. It also operates specialty stores under the names Aaron Brothers, Recollections, Star Decorators Wholesale and Artistree manufacturing facility.
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