Friday, June 14, 2013

What's in a Name According to the Federal Trade Commission

Did you know the rules and regulations in describing your jewelry are set in laws established by the Federal Trade Commission (FTC)? If you sell your jewelry in the USA, then you had best read some of these rules to make sure you are within the guidelines!

Did you know it is unlawful to list your lab created ruby as a ruby? Check out the correct listing:

(a) It is unfair or deceptive to use the unqualified words "ruby," "sapphire," "emerald," "topaz," or the name of any other precious or semi-precious stone to describe any product that is not in fact a natural stone of the type described.

(b) It is unfair or deceptive to use the word "ruby," "sapphire," "emerald," "topaz," or the name of any other precious or semi-precious stone, or the word "stone," "birthstone," "gemstone,'' or similar term to describe a laboratory-grown, laboratory-created, [manufacturer name]-created, synthetic, imitation, or simulated stone, unless such word or name is immediately preceded with equal conspicuousness by the word "laboratory-grown," "laboratory-created," "[manufacturer name]-created," "synthetic," or by the word "imitation" or "simulated," so as to disclose clearly the nature of the product and the fact it is not a natural gemstone.

Note to paragraph (b):  The use of the word "faux" to describe a laboratory-created or imitation stone is not an adequate disclosure that the stone is not natural.

(c) It is unfair or deceptive to use the word "laboratory-grown," "laboratory-created," "[manufacturer name]-created," or "synthetic" with the name of any natural stone to describe any industry product unless such industry product has essentially the same optical, physical, and chemical properties as the stone named.

How many of you all have listed your jewelry as "Hand Made" or "Hand Polished"? There are guidelines for using these terms as well. See all of the guidelines here.

Now, it's not to say that the FTC has people scouring craft shows and other venues making sure everything is listed correctly. But, if you are in the business of making jewelry, then you should be aware of the guidelines. So take some time and read through the Federal Trade Commission's web site.

Until next time have fun claying around!

by Janet Alexander
Technical Advisor

Disclaimer: The materials available on this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of this blog or any of the e-mail links within does not create an attorney-client relationship of any kind. 

No comments: