§ 23.21 16 CFR Ch. I (1–1–11 Edition)

and clearly that the product is a cul- ‘‘emerald,’’ ‘‘topaz,’’ or the name of any tured or imitation pearl. other precious or semi-precious stone to describe any product that is not in § 23.21 Misrepresentation as to cul- fact a natural stone of the type de- tured pearls. scribed. It is unfair or deceptive to misrepre- (b) It is unfair or deceptive to use the sent the manner in which cultured word ‘‘ruby,’’ ‘‘sapphire,’’ ‘‘emerald,’’ pearls are produced, the size of the nu- ‘‘topaz,’’ or the name of any other pre- cleus artificially inserted in the mol- cious or semi-precious stone, or the lusk and included in cultured pearls, word ‘‘stone,’’ ‘‘birthstone,’’ ‘‘gemstone,’’ the length of time that such products or similar term to describe a labora- remained in the mollusk, the thickness tory-grown, laboratory-created, [manu- of the nacre coating, the value and facturer name]-created, synthetic, imi- quality of cultured pearls as compared tation, or simulated stone, unless such with the value and quality of pearls word or name is immediately preceded and imitation pearls, or any other ma- with equal conspicuousness by the terial matter relating to the forma- word ‘‘laboratory-grown,’’ ‘‘laboratory- tion, structure, properties, characteris- created,’’ ‘‘[manufacturer name]-cre- tics, and qualities of cultured pearls. ated,’’ ‘‘synthetic,’’ or by the word ‘‘imi- tation’’ or ‘‘simulated,’’ so as to disclose § 23.22 Disclosure of treatments to gemstones. clearly the nature of the product and the fact it is not a natural gemstone. It is unfair or deceptive to fail to dis- close that a gemstone has been treated NOTE TO PARAGRAPH (h): The use of the if: word ‘‘faux’’ to describe a laboratory-created (a) The treatment is not permanent. or imitation stone is not an adequate disclo- sure that the stone is not natural. The seller should disclose that the gemstone has been treated and that the (c) It is unfair or deceptive to use the treatment is or may not be permanent; word ‘‘laboratory-grown,’’ ‘‘laboratory- (b) The treatment creates special created,’’ ‘‘[manufacturer name]-cre- care requirements for the gemstone. ated,’’ or ‘‘synthetic’’ with the name of The seller should disclose that the any natural stone to describe any in- gemstone has been treated and has spe- dustry product unless such industry cial care requirements. It is also rec- product has essentially the same opti- ommended that the seller disclose the cal, physical, and chemical properties special care requirements to the pur- as the stone named. chaser; (c) The treatment has a significant § 23.24 Misuse of the words ‘‘real,’’ effect on the stone’s value. The seller ‘‘genuine,’’ ‘‘natural,’’ ‘‘precious,’’ etc. should disclose that the gemstone has It is unfair or deceptive to use the been treated. word ‘‘real,’’ ‘‘genuine,’’ ‘‘natural,’’ ‘‘pre- NOTE TO § 23.22: The disclosures outlined in cious,’’ ‘‘semi-precious,’’ or similar this section are applicable to sellers at every terms to describe any industry product level of trade, as defined in § 23.0(b) of these that is manufactured or produced arti- Guides, and they may be made at the point ficially. of sale prior to sale; except that where a jew- elry product can be purchased without per- § 23.25 Misuse of the word ‘‘gem.’’ sonally viewing the product, (e.g., direct mail catalogs, online services, televised (a) It is unfair or deceptive to use the shopping programs) disclosure should be word ‘‘gem’’ to describe, identify, or made in the solicitation for or description of refer to a ruby, sapphire, emerald, the product. topaz, or other industry product that [65 FR 78743, Dec. 15, 2000] does not possess the beauty, symmetry, rarity, and value necessary for quali- § 23.23 Misuse of the words ‘‘ruby,’’ fication as a gem. ‘‘sapphire,’’ ‘‘emerald,’’ ‘‘topaz,’’ (b) It is unfair or deceptive to use the ‘‘stone,’’ ‘‘birthstone,’’ ‘‘gemstone,’’ word ‘‘gem’’ to describe any laboratory- etc. created industry product unless the (a) It is unfair or deceptive to use the product meets the requirements of unqualified words ‘‘ruby,’’ ‘‘sapphire,’’ paragraph (a) of this section and unless 158

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