Ftc Guides Intended To Protect Consumers
What does it mean when a pearl is described as cultured or as a biwa
? What exactly is handmade jewelry?
Jewelry buyers are rightly interested in the answers to these questions and others. They are descriptions of products they may be considering purchasing.
What consumers may not know is that these descriptions are carefully defined under the Federal Trade Commissions Guides for the Jewelry, Precious Metals and Pewter Industries. And, they may not know that jewelers and jewelry companies can be punished for misleading descriptions of jewelry.
For example, are you interested in buying what has been described to you an Oriental pearl necklace? The FTC says that it is unfair or deceptive to use the word Oriental to describe, identify, or refer to any cultured or imitation pearl.
Lake Biwa in Japan used to produce freshwater pearls and Biwa pearls referred to those pearls sourced from that lake. But Lake Biwa ceased production many years ago. So, according to the FTC, biwa can be used to describe any freshwater pearl from the rivers and lakes of Japan.
Have you been told that the jewelry youre considering buying is hand-made. The FTC says its only hand-made if 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.
These and other guides, including descriptions of gemstones, imitations, metal and others, are intended to protect the consumer from unfair and deceptive misrepresentations of jewelry and jewelry products. And, on the whole, the jewelry industry is scrupulous in attempting to comply with the Guides.
But there are always exceptions.
Consumers typically become aware the Guides only when there is a highly publicized suit in which a jeweler or a jewelry company has to defend its advertising claims. But the Guides also apply to words that is, verbal descriptions of the jewelry by a seller.
If a jeweler or a jewelry company has been caught in unfair or deceptive misrepresentations of jewelry, the FTC can issue a cease and desist order and it can impose daily fines until the practice has been discontinued. The FTC can also order full or partial refunds to consumers who have bought the product in addition to ordering that the company run corrective advertising.
The FTC has announced that it is planning a revision of the Guides beginning in 2012. It is the first major overhaul of the Guides since 1996. The revisions are expected to take some time, possibly even years. Among the issues the FTC is expected to consider are what constitutes a synthetic diamond and what constitutes a diamond simulant, standards for alternative metals and rules governing new treatments. The jewelry industry will participate in the process and it is likely to be followed closely in trade and general news publications.
If you are considering a jewelry purchase, especially an important one, it would be wise to acquaint yourself with the relevant Guides which are readily available on the internet. And, if there is any room for misunderstanding, ask the jeweler about the specific term and have him or her note it on your receipt.
The Guides exist to protect you. Take advantage of them.
by: Fleury Sommers
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