After reading the “Guides for the Jewelry, Precious Metals, and
Pewter Industries” (at Advertising and Marketing on the Internet: Rules of the Road | Federal Trade Commission) I too am
still confused. The excerpt below addresses what we are all confused
about. It appears that the key point is disclosure to the customer (I
assume the end buyer) and not misrepresenting what we are selling. If
anyone has the time, here is the address for the FTC in order to get
some clarification on this issue (show season is upon me and taking up
my time or I would do it myself):
1-877-FTC-HELP (382-4357); or by regular mail, at: Federal Trade
Commission CRC-240 600 Pennsylvania Ave, NW Washington, D.C. 20580
� 23.9 Additional guidance for the use of quality marks.
As used in these guides, the term quality mark means any letter,
figure,
numeral, symbol, sign, word, or term, or any combination thereof,
that has been stamped, embossed, inscribed, or otherwise placed on any
industry product and which indicates or suggests that any such product
is composed throughout of any precious metal or any precious metal
alloy or has a surface or surfaces on which there has been plated or
deposited any precious metal or precious metal alloy. Included are the
words “gold,” “karat,” “carat,” “silver,” “sterling,” “vermeil,”
“platinum,” “iridium,” “palladium,” “ruthenium,” “rhodium,” or
“osmium,” or any abbreviations thereof, whether used alone or in
conjunction with the words “filled,” “plated,” “overlay,” or
“electroplated,” or any
abbreviations thereof. Quality markings include those in which the
words or terms “gold,” “karat,” “silver,” “vermeil,” “platinum” (or
platinum group metals), or their abbreviations are included, either
separately or as suffixes, prefixes, or syllables.
(a) Deception as to applicability of marks.
(1) If a quality mark on an industry product is applicable to only part
of the product, the part of the product to which it is applicable (or
inapplicable) should be disclosed when, absent such disclosure, the
location of the mark misrepresents the product or part’s true
composition.
(2) If a quality mark is applicable to only part of an industry
product, but not another part which is of similar surface appearance,
each quality mark should be closely accompanied by an identification
of the part or parts to which the mark is applicable.
Why does legal-eaze always have to be soooooo darn confusing?? Oh
yeah, lawyers want to continue to make a good living…
- Lori Bugaj
One-Eyed Collie Jewelry Design