Federal Trade Commission § 23.19

so thin in depth as to detract materi- each fraction (or the weight tolerance ally from the brilliance of the stone. being used) should also be made.

NOTE TO § 23.15: Stones that are commonly NOTE TO PARAGRAPH (d): When fractional called ‘‘fisheye’’ or ‘‘old mine’’ should not be representations of diamond weight are made, described as ‘‘properly cut,’’ ‘‘modern cut,’’ as described in paragraph d of this section, in etc. catalogs or other printed materials, the dis- closure of the fact that the actual diamond § 23.16 Misuse of the words ‘‘brilliant’’ weight is within a specified range should be and ‘‘full cut.’’ made conspicuously on every page where a It is unfair or deceptive to use the fractional representation is made. Such dis- unqualified expressions ‘‘brilliant,’’ closure may refer to a chart or other de- tailed explanation of the actual ranges used. ‘‘brilliant cut,’’ or ‘‘full cut’’ to de- For example, ‘‘Diamond weights are not scribe, identify, or refer to any dia- exact; see chart on p.X for ranges.’’ mond except a round diamond that has at least thirty-two (32) facets plus the § 23.18 Definitions of various pearls. table above the girdle and at least As used in these guides, the terms set twenty-four (24) facets below. forth below have the following mean- NOTE TO § 23.16: Such terms should not be ings: applied to single or rose-cut diamonds. They (a) Pearl: A calcareous concretion may be applied to emerald-(rectangular) cut, consisting essentially of alternating pear-shaped, heart-shaped, oval-shaped, and concentric layers of carbonate of lime marquise-(pointed oval) cut diamonds meet- ing the above-stated facet requirements and organic material formed within the when, in immediate conjunction with the body of certain mollusks, the result of term used, the form of the diamond is dis- an abnormal secretory process caused closed. by an irritation of the mantle of the mollusk following the intrusion of § 23.17 Misrepresentation of weight some foreign body inside the shell of and ‘‘total weight.’’ the mollusk, or due to some abnormal (a) It is unfair or deceptive to mis- physiological condition in the mollusk, represent the weight of a diamond. neither of which has in any way been (b) It is unfair or deceptive to use the caused or induced by humans. word ‘‘point’’ or any abbreviation in (b) Cultured pearl: The composite any representation, advertising, mark- product created when a nucleus (usu- ing, or labeling to describe the weight ally a sphere of calcareous mollusk of a diamond, unless the weight is also shell) planted by humans inside the stated as decimal parts of a carat (e.g., shell or in the mantle of a mollusk is 25 points or .25 carat). coated with nacre by the mollusk. NOTE 1 TO PARAGRAPH (b): A carat is a (c) Imitation pearl: A manufactured standard unit of weight for a diamond and is product composed of any material or equivalent to 200 milligrams (1⁄5 gram). A materials that simulate in appearance point is one one hundredth (1⁄100) of a carat. a pearl or cultured pearl. (c) If diamond weight is stated as (d) Seed pearl: A small pearl, as de- decimal parts of a carat (e.g., .47 fined in (a), that measures approxi- carat), the stated figure should be ac- mately two millimeters or less. curate to the last decimal place. If dia- mond weight is stated to only one dec- § 23.19 Misuse of the word ‘‘pearl.’’ imal place (e.g., .5 carat), the stated (a) It is unfair or deceptive to use the figure should be accurate to the second unqualified word ‘‘pearl’’ or any other decimal place (e.g., ‘‘.5 carat’’ could word or phrase of like meaning to de- represent a diamond weight between scribe, identify, or refer to any object .495–.504). or product that is not in fact a pearl, as (d) If diamond weight is stated as defined in § 23.18(a). fractional parts of a carat, a con- (b) It is unfair or deceptive to use the spicuous disclosure of the fact that the word ‘‘pearl’’ to describe, identify, or diamond weight is not exact should be refer to a cultured pearl unless it is im- made in close proximity to the frac- mediately preceded, with equal con- tional representation and a disclosure spicuousness, by the word ‘‘cultured’’ of a reasonable range of weight for or ‘‘cultivated,’’ or by some other word

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