If you make or sell in the United States any of the following,
jewelry(or anything for that matter) made from precious metals or
jewelry with gemstones or anything made from from pewter. You are
subject to the rules put forward by the FTC in the Guides for the
Jewelry, Precious Metals, and Pewter Industries
A7 23.0 Scope and application.
(a) These guides apply to jewelry industry products, which
include, but are not limited to, the following: gemstones and
their laboratory-created and imitation substitutes; natural and
cultured pearls and their imitations; and metallic watch bands
not permanently attached to watches.1 These guides also apply to
articles, including optical frames, pens and pencils, flatware,
and hollowware, fabricated from precious metals (gold, silver
and platinum group metals), precious metal alloys, and their
imitations. These guides also apply to all articles made from
pewter. For the purposes of these guides, all articles covered
by these guides are defined as "industry products."
(b) These guides apply to persons, partnerships, or
corporations, at every level of the trade (including but not
limited to manufacturers, suppliers, and retailers) engaged in
the business of offering for sale, selling, or distributing
industry products.
Note to paragraph (b): To prevent consumer deception, persons,
partnerships, or corporations in the business of appraising,
identifying, or grading industry products should utilize the
terminology and standards set forth in the guides.
(c) These guides apply to claims and representations about
industry products included in labeling, advertising, promotional
materials, and all other forms of marketing, whether asserted
directly or by implication, through words, symbols, emblems,
logos, illustrations, depictions, product brand names, or
through any other means.
So beaders or anyone else who makes jewelry or other items from
these materials is included, get over it and deal with the issues
involved.
A7 23.3 Misuse of the terms "hand-made," "hand-polished," etc.
(a) It is unfair or deceptive to represent, directly or by
implication, that any industry product is hand-made or
hand-wrought unless the entire shaping and forming of such
product from raw materials and its finishing and decoration were
accomplished by hand labor and manually-controlled methods which
permit the maker to control and vary the construction, shape,
design, and finish of each part of each individual product.
Note to paragraph (a): As used herein, "raw materials" include
bulk sheet, strip, wire, and similar items that have not been
cut, shaped, or formed into jewelry parts, semi-finished parts,
or blanks.
(b) It is unfair or deceptive to represent, directly or by
implication, that any industry product is hand-forged,
hand-engraved, hand-finished, or hand-polished, or has been
otherwise hand-processed, unless the operation described was
accomplished by hand labor and manually-controlled methods which
permit the maker to control and vary the type, amount, and
effect of such operation on each part of each individual
product.
It is very clear that if you did not start out with sheet, strip,
wire etc. and make every last bit of the item by “manually-controlled
methods which permit the maker to control and vary the construction,
shape, design, and finish” it is not hand made. No ear posts, no
clasps, no beads, no settings purchased and added to the item, none
nada,zip. You may not like this, you may feel it violates your
artistic self image or you may just want to quibble about it. Either
get over it or go lobby the FTC to change it to suit your taste. but
please do not argue it here. The links to the Guides have been posted
go read them. If you cannot understand the language in the Guides or
have a question about interpretation contact the Jewelers Vigilance
Committee, they have lawyers that interact with the FTC and often can
offer clarification. At least you can talk to someone there unlike
the FTC. Go to the JVC website and download their helpful
interpretations of the Guides.
James Binnion
James Binnion Metal Arts