The Federal Trade Commission has announced that it has amended its jewelry advertising guides to help prevent deception in jewelry marketing. The Guides (f/k/a the “Guides for the Jewelry, Precious Metals, and Pewter Industries”) explain how to avoid making deceptive claims and the proper use of disclosures.
In 2012, the FTC solicited public comments on the Guides’ costs and benefits, and whether they should be modified. In 2016, the Federal Trade Commission proposed revisions regarding alloys, precious metal content of products containing more than one precious metal, surface application of precious metals, lead-glass filled stones, “cultured” diamonds, treated pearls, varietals, and misuse of the word “gem.”
Consequently, the FTC has approved revisions that are in-line with Section 5 of the FTC Act, including, without limitation, by addressing today’s technological landscape, emerging industry practices.
Without limitation, the revisions address:
- Surface application of precious metals;
- Alloys with precious metals in amounts below minimum thresholds;
- Products containing more than one precious metal;
- Composite gemstone products;
- “Cultured” diamonds;
- Qualifying claims about man-made gemstone products;
- Pearl treatment disclosures;
- Use of the term “gem;”
- Misleading illustrations;
- The definition of “diamond;” and
- Exemptions recognized in the assay for gold, silver and platinum.
The revised Guides also remove outdated provisions and provide guidance on the lawful marketing of specific products. The Guides also remove existing restrictions on product marketing that are unnecessary to prevent deception.
The Final Revisions to the Jewelry Guides can be seen, here.
Richard B. Newman is an advertising and digital media law attorney at Hinch Newman LLP.
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