Federal Trade Commission § 23.24

Pearls,’’ ‘‘Mallorca Pearls,’’ or any re- made in the solicitation for or description of gional designation to describe, iden- the product. tify, or refer to any cultured or imita- [65 FR 78743, Dec. 15, 2000] tion pearl, unless the term is imme- diately preceded, with equal conspicu- § 23.23 Misuse of the words ‘‘ruby,’’ ousness, by the word ‘‘cultured,’’ ‘‘ar- ‘‘sapphire,’’ ‘‘emerald,’’ ‘‘topaz,’’ tificial,’’ ‘‘imitation,’’ or ‘‘simulated,’’ ‘‘stone,’’ ‘‘birthstone,’’ ‘‘gemstone,’’ or by some other word or phrase of like etc. meaning, so as to indicate definitely (a) It is unfair or deceptive to use the and clearly that the product is a cul- unqualified words ‘‘ruby,’’ ‘‘sapphire,’’ tured or imitation pearl. ‘‘emerald,’’ ‘‘topaz,’’ or the name of § 23.21 Misrepresentation as to cul- any other precious or semi-precious tured pearls. stone to describe any product that is not in fact a natural stone of the type It is unfair or deceptive to misrepre- described. sent the manner in which cultured pearls are produced, the size of the nu- (b) It is unfair or deceptive to use the cleus artificially inserted in the mol- word ‘‘ruby,’’ ‘‘sapphire,’’ ‘‘emerald,’’ lusk and included in cultured pearls, ‘‘topaz,’’ or the name of any other pre- the length of time that such products cious or semi-precious stone, or the remained in the mollusk, the thickness word ‘‘stone,’’ ‘‘birthstone,’’ ‘‘gem- of the nacre coating, the value and stone,’’ or similar term to describe a quality of cultured pearls as compared laboratory-grown, laboratory-created, with the value and quality of pearls [manufacturer name]-created, syn- and imitation pearls, or any other ma- thetic, imitation, or simulated stone, terial matter relating to the forma- unless such word or name is imme- tion, structure, properties, characteris- diately preceded with equal conspicu- tics, and qualities of cultured pearls. ousness by the word ‘‘laboratory- grown,’’ ‘‘laboratory-created,’’ ‘‘[man- § 23.22 Disclosure of treatments to ufacturer name]-created,’’ ‘‘synthetic,’’ gemstones. or by the word ‘‘imitation’’ or ‘‘simu- It is unfair or deceptive to fail to dis- lated,’’ so as to disclose clearly the na- close that a gemstone has been treated ture of the product and the fact it is if: not a natural gemstone. (a) The treatment is not permanent. The seller should disclose that the NOTE TO PARAGRAPH (h): The use of the gemstone has been treated and that the word ‘‘faux’’ to describe a laboratory-created treatment is or may not be permanent; or imitation stone is not an adequate disclo- sure that the stone is not natural. (b) The treatment creates special care requirements for the gemstone. (c) It is unfair or deceptive to use the The seller should disclose that the word ‘‘laboratory-grown,’’ ‘‘laboratory- gemstone has been treated and has spe- created,’’ ‘‘[manufacturer name]-cre- cial care requirements. It is also rec- ated,’’ or ‘‘synthetic’’ with the name of ommended that the seller disclose the any natural stone to describe any in- special care requirements to the pur- dustry product unless such industry chaser; product has essentially the same opti- (c) The treatment has a significant cal, physical, and chemical properties effect on the stone’s value. The seller as the stone named. should disclose that the gemstone has been treated. § 23.24 Misuse of the words ‘‘real,’’ ‘‘genuine,’’ ‘‘natural,’’ ‘‘precious,’’ NOTE TO § 23.22: The disclosures outlined in this section are applicable to sellers at every etc. level of trade, as defined in § 23.0(b) of these It is unfair or deceptive to use the Guides, and they may be made at the point word ‘‘real,’’ ‘‘genuine,’’ ‘‘natural,’’ of sale prior to sale; except that where a jew- ‘‘precious,’’ ‘‘semi-precious,’’ or similar elry product can be purchased without per- sonally viewing the product, (e.g., direct terms to describe any industry product mail catalogs, online services, televised that is manufactured or produced arti- shopping programs) disclosure should be ficially.

159

VerDate Mar<15>2010 14:34 Mar 20, 2012 Jkt 226052 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:\SGML\226052.XXX 226052 wreier-aviles on DSK5TPTVN1PROD with CFR