Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 16 - Commercial Practices |
Chapter I - Federal Trade Commission |
SubChapter B - Guides and Trade Practice Rules |
Part 23 - Guides for the Jewelry, Precious Metals, and Pewter Industries |
§ 23.20 - Misuse of the word “pearl.”
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§ 23.20 Misuse of terms such as “cultured pearl,” “seed pearl,” “Oriental pearl,” “natura,” “kultured,” “real,” “gem,” “synthetic,” and regional designations.the word “pearl.”
(a) It is unfair or deceptive to use the term “cultured pearl,” “cultivated pearl,” unqualified word “pearl” or any other word , term, or phrase of like meaning to describe, identify, or refer to any imitation pearl.
(c(b) It is unfair or deceptive to use the term “seed pearl” or any word, term, or phrase of like meaning to describe, identify, or refer to a cultured or an imitation pearl, without using the appropriate qualifying term “cultured” (e.g., “cultured seed pearl”) or “simulated,” “artificial,” or “imitation” (e.g., “imitation seed pearl”).
object or product that is not in fact a pearl, as defined in § 23.19(a).
term “Oriental pearl” or any word, term, or phrase of like meaning(b) It is unfair or deceptive to use the
any industry product other thanword “pearl” to describe, identify, or refer to
pearl taken from a salt water mollusk and of the distinctive appearance and type of pearls obtained from mollusks inhabiting the Persian Gulf and recognized in the jewelry trade as Oriental pearls.a
(e) It is unfair or deceptive to use the word “natura,” “natural,” “nature's,” or any word, term,(d) It is unfair or deceptive to use the word “Oriental” to describe, identify, or refer to any cultured or imitation pearl.
to describe, identify, or refer to a cultured or imitation pearl. It is unfair or deceptive to use the term “organic” to describe, identify, or refer to an imitation pearl, unless the term is qualified in such a way as to make clearcultured pearl unless it is immediately preceded, with equal conspicuousness, by the word “cultured” or “cultivated,” or by some other word or phrase of like meaning
natural or cultured, so as to indicate definitely and clearly that the product is not a
pearl.
f(
term “kultured,” “semi-cultured pearl,” “cultured-like,” “part-cultured,” “pre-mature cultured pearl,” or any word, term, or phrase of like meaningc) It is unfair or deceptive to use the
. (g) It is unfair or deceptive to use the term “South Sea pearl”word “pearl” to describe, identify, or refer to an imitation pearl
describes, identifies, or refers to a pearl that is taken from a salt water mollusk of the Pacific Ocean South Sea Islands, Australia, or Southeast Asia. It is unfair or deceptive to use the term “South Sea cultured pearl” unless it describes, identifies, or refers to a cultured pearl formed in a salt water mollusk of the Pacific Ocean South Sea Islands, Australia, or Southeast Asia.unless it
(i) It is unfair or deceptive to use the word “real,” “genuine,” “precious,” or any word, term,(h) It is unfair or deceptive to use the term “Biwa cultured pearl” unless it describes, identifies, or refers to cultured pearls grown in fresh water mollusks in the lakes and rivers of Japan.
to describe, identify, or refer to any imitation pearl.is immediately preceded, with equal conspicuousness, by the word “artificial,” “imitation,” or “simulated,” or by some other word or phrase of like meaning
(k)(j) It is unfair or deceptive to use the word “gem” to describe, identify, or refer to a pearl or cultured pearl that does not possess the beauty, symmetry, rarity, and value necessary for qualification as a gem.
Note to paragraph (j):Use of the word “gem” with respect to cultured pearls should be avoided since few cultured pearls possess the necessary qualifications to properly be termed “gems.” Imitation pearls should not be described as “gems.”
, so as to indicate definitely and clearly that the product is not a pearl.
word “synthetic” or similar terms to describe cultured or imitation pearls. (l) It is unfair or deceptive to use the terms “Japanese Pearls,” “Chinese Pearls,” “Mallorca Pearls(d) It is unfair or deceptive to use the
regional designationterms “faux pearl,” “fashion pearl,” “Mother of Pearl,” or any
, identify, or refer to any cultured orother such term to describe
,or qualify an imitation pearl
the termproduct unless
“cultured,”it is immediately preceded, with equal conspicuousness, by the word
cultured or imitation“artificial,” “imitation,” or “simulated,” or by some other word or phrase of like meaning, so as to indicate definitely and clearly that the product is not a
pearl.