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Federal Trade Commission To Re-Consider the use of the term "Cultured".
Eleven trade associations lined-up in support of protecting consumers from deceptive or unfair business practices from use of term cultured to describe jewelry other than pearl.
Led by the Jewelers Vigilance Committee (JVC) and in association with 10 other jewelry industry associations, the group filed a petition with the Federal Trade Commission (FTC) to amend “the FTC Guides,” (FTC Guidelines for the Jewelry, Precious Metals, and Pewter Industries) to add the term “cultured” to the list of terms that are unfair or deceptive to use in conjunction with manufactured jewelry industry products.
The group request that the FTC pass the proposed amendment for several reasons:
· To protect consumers from deceptive or unfair business practices that can occur when the term “cultured” is used in conjunction with jewelry industry products other than pearls.
· To protect consumers from associating the phrase “cultured diamond” with a natural product or gemstone grown naturally with human intervention.
· To justify continued consumer confidence in the jewelry industry.
Cecilia L. Gardner, JVC’s president, CEO and general counsel said, “The jewelry guidelines provide explicit standards for trade practices in the jewelry industry. Given the widespread confusion and misconception found among consumers when asked about the meaning of 'cultured' when applied to products other than pearl, we felt it was important to ask the FTC to amend the Guides. The guides should address the important issue of full disclosure of the true nature of laboratory created jewelry products.“
Associations in support of the FTC adjusting the Guides, so far, include American Gem Society, American Gem Trade Association, The World Jewellery Confederation, Cultured Pearl Association, Diamond Council of America, Diamond Manufacturers and Importers Association of America, International Diamond Manufacturers Association, Jewelers of America, Manufacturing Jewelers and Suppliers of America, and the World Federation of Diamond Bourses.
Gardner said that she is pleased the effort includes both United States-based and worldwide organizations.
Ruth Batson, executive director and CEO of American Gem Society, said, “Consumers’ high regard for cultured pearls require the FTC to amend the Guides to prevent confusion, deception and mistrust that is likely to result from the use of the term ‘cultured’ in conjunction with materials other than pearl.”
The submission to the FTC includes substantial consumer survey data indicating widespread confusion in consumers’ understanding of the term “cultured” when applied to products other than pearls.
The staff of the Consumer Enforcement Division of the FTC will now consider the contents of the petition with its accompanying consumer survey data and determine if there is sufficient grounds to issue a Federal Register notice which could solicit comments from the trade on whether the Guides should be amended.
Visit: www.jvclegal.org. for more information on this issue.
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