pearlescence
purveyor of pearls UK/EU
- Joined
- Aug 18, 2007
- Messages
- 4,112
First rule of a law is that it has to be respected to stand a chance of being obeyed. As it stands the technicalities are silly which is why they aren't being followed
FTC Guidelines regarding the use of the term 'Pearl'
- Thread starter jshepherd
- Start date
jshepherd
Pearl Paradise
- Joined
- Jun 22, 2004
- Messages
- 6,299
Sure. Tell the FTC that.
pearlescence
purveyor of pearls UK/EU
- Joined
- Aug 18, 2007
- Messages
- 4,112
Why not open write it or at least write it then have Fiske and Strack plus open to comment on here - you would have a lot of voices from all aspects of the business all around the world settling on an acceptible form of words.
pbazar
Pearl Master
- Joined
- Jul 28, 2004
- Messages
- 183
This is the current FTC regulation
As you see in the proposed modified version they are slight changes that change everything
? 23.18 Definitions of various pearls.
As used in these guides, the terms set forth below have the following meanings:
(a) Pearl: A calcareous concretion consisting essentially of alternating concentric layers of carbonate of lime and organic material formed within the body of certain mollusks, the result of an abnormal secretary process caused by an irritation of the mantle of the mollusk following the intrusion of some foreign body inside the shell of the mollusk, or due to some abnormal physiological condition in the mollusk, neither of which has in any way been caused or induced by humans.
(b) Cultured Pearl: The composite product created when a nucleus (usually a sphere of calcareous mollusk shell) planted by humans inside the shell or in the mantle of a mollusk is coated with nacre by the mollusk.
(c) Imitation Pearl: A manufactured product composed of any material or materials that simulate in appearance a pearl or cultured pearl.
(d) Seed Pearl: A small pearl, as defined in (a), that measures approximately two millimeters or less.
? 23.19 Misuse of the word "pearl."
(a) It is unfair or deceptive to use the unqualified word "pearl" or any other word or phrase of like meaning to describe, identify, or refer to any object or product that is not in fact a pearl, as defined in ? 23.18(a).
(b)It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to a cultured 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, so as to indicate definitely and clearly that the product is not a pearl.
(c) It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to an imitation pearl unless it is immediately preceded, with equal conspicuousness, by the word "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.
(d) It is unfair or deceptive to use the terms "faux pearl," "fashion pearl," "Mother of Pearl," or any other such term to describe or qualify an imitation pearl product unless it is immediately preceded, with equal conspicuousness, by the word "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.
NEW This is the revised version I have suggested better reflects today's reality
? 23.18 Definitions of various pearls.
As used in these guides, the terms set forth below have the following meanings:
(a) Pearl: A calcareous concretion consisting essentially of alternating concentric layers of carbonate of lime and organic material formed within the body of certain mollusks, the result of an abnormal secretary process caused by an irritation of the mantle of the mollusk following the intrusion of some foreign body inside the shell of the mollusk, or due to some abnormal physiological condition in the mollusk, whether a natural occurrence or with the aid of human intervention.
(b) Natural Pearl: A pearl that is created without any human intervention
(c) Cultured Pearl: The product created when a nucleus (usually a sphere of calcareous mollusk shell and or mantle tissue) planted by humans inside the shell or in the body of a mollusk is coated with nacre by the mollusk.
(d) Imitation Pearl: A manufactured product composed of any material or materials that simulate in appearance a pearl.
(e) Seed Pearl: A small pearl, as defined in (a), that measures approximately two millimeters or less.
? 23.19 Misuse of the word "pearl."
(a) It is unfair or deceptive to use the unqualified word "pearl" or any other word or phrase of like meaning to describe, identify, or refer to any object or product that is not in fact a pearl, as defined in ? 23.18(a).
(b) It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to an imitation pearl unless it is immediately preceded, with equal conspicuousness, by the word "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.
(c) It is unfair or deceptive to use the terms "faux pearl," "fashion pearl," "Mother of Pearl," or any other such term to describe or qualify an imitation pearl product unless it is immediately preceded, with equal conspicuousness, by the word "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.
As you see in the proposed modified version they are slight changes that change everything
? 23.18 Definitions of various pearls.
As used in these guides, the terms set forth below have the following meanings:
(a) Pearl: A calcareous concretion consisting essentially of alternating concentric layers of carbonate of lime and organic material formed within the body of certain mollusks, the result of an abnormal secretary process caused by an irritation of the mantle of the mollusk following the intrusion of some foreign body inside the shell of the mollusk, or due to some abnormal physiological condition in the mollusk, neither of which has in any way been caused or induced by humans.
(b) Cultured Pearl: The composite product created when a nucleus (usually a sphere of calcareous mollusk shell) planted by humans inside the shell or in the mantle of a mollusk is coated with nacre by the mollusk.
(c) Imitation Pearl: A manufactured product composed of any material or materials that simulate in appearance a pearl or cultured pearl.
(d) Seed Pearl: A small pearl, as defined in (a), that measures approximately two millimeters or less.
? 23.19 Misuse of the word "pearl."
(a) It is unfair or deceptive to use the unqualified word "pearl" or any other word or phrase of like meaning to describe, identify, or refer to any object or product that is not in fact a pearl, as defined in ? 23.18(a).
(b)It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to a cultured 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, so as to indicate definitely and clearly that the product is not a pearl.
(c) It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to an imitation pearl unless it is immediately preceded, with equal conspicuousness, by the word "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.
(d) It is unfair or deceptive to use the terms "faux pearl," "fashion pearl," "Mother of Pearl," or any other such term to describe or qualify an imitation pearl product unless it is immediately preceded, with equal conspicuousness, by the word "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.
NEW This is the revised version I have suggested better reflects today's reality
? 23.18 Definitions of various pearls.
As used in these guides, the terms set forth below have the following meanings:
(a) Pearl: A calcareous concretion consisting essentially of alternating concentric layers of carbonate of lime and organic material formed within the body of certain mollusks, the result of an abnormal secretary process caused by an irritation of the mantle of the mollusk following the intrusion of some foreign body inside the shell of the mollusk, or due to some abnormal physiological condition in the mollusk, whether a natural occurrence or with the aid of human intervention.
(b) Natural Pearl: A pearl that is created without any human intervention
(c) Cultured Pearl: The product created when a nucleus (usually a sphere of calcareous mollusk shell and or mantle tissue) planted by humans inside the shell or in the body of a mollusk is coated with nacre by the mollusk.
(d) Imitation Pearl: A manufactured product composed of any material or materials that simulate in appearance a pearl.
(e) Seed Pearl: A small pearl, as defined in (a), that measures approximately two millimeters or less.
? 23.19 Misuse of the word "pearl."
(a) It is unfair or deceptive to use the unqualified word "pearl" or any other word or phrase of like meaning to describe, identify, or refer to any object or product that is not in fact a pearl, as defined in ? 23.18(a).
(b) It is unfair or deceptive to use the word "pearl" to describe, identify, or refer to an imitation pearl unless it is immediately preceded, with equal conspicuousness, by the word "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.
(c) It is unfair or deceptive to use the terms "faux pearl," "fashion pearl," "Mother of Pearl," or any other such term to describe or qualify an imitation pearl product unless it is immediately preceded, with equal conspicuousness, by the word "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.
Last edited:
Caitlin
Well-known member
- Joined
- Dec 11, 2004
- Messages
- 8,502
I am glad you checked in on this, Peter, and thank you for the red highlights.
How much influence will you have in the revised code? (or whatever it is called)
Do you think any changes should be made regarding this definition of a pearl? This version does not rule out the "grain of sand" myth.
How much influence will you have in the revised code? (or whatever it is called)
Do you think any changes should be made regarding this definition of a pearl? This version does not rule out the "grain of sand" myth.
pearlescence
purveyor of pearls UK/EU
- Joined
- Aug 18, 2007
- Messages
- 4,112
I very much like 23.19.c and suggest adding the various descriptors for majorcan/majorica pearls which are produced by the factory on the island of Majorca
These confuse even people who have toured the factory!
These confuse even people who have toured the factory!
jshepherd
Pearl Paradise
- Joined
- Jun 22, 2004
- Messages
- 6,299
This proposed wording doesn't make any sense. It's basically saying that a cultured pearl is not a pearl. In order to complement the other changes, (b) simply needs to be removed.
pbazar
Pearl Master
- Joined
- Jul 28, 2004
- Messages
- 183
Jeremy
Yes it does
That is the current FTC reg. That is what I am suggesting needs to change! In my revision it is removed
but the definition of a pearl is also modified to include Cultured Pearls which at this time are not considered Pearls! In fact by definition are not pearls!
Last edited:
pbazar
Pearl Master
- Joined
- Jul 28, 2004
- Messages
- 183
majorcan/majorica pearls are by definition imitation and must be immediately preceded, with equal conspicuousness, by the word "artificial," "imitation," or "simulated," Without such a term they are in violation of current FTC rules.
I did not suggest any change to ? 23.18 (c) We need to work together to enforce it.
(c) It is unfair or deceptive to use the terms "faux pearl," "fashion pearl," "Mother of Pearl," or any other such term to describe or qualify an imitation pearl product unless it is immediately preceded, with equal conspicuousness, by the word "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.
pearlescence
purveyor of pearls UK/EU
- Joined
- Aug 18, 2007
- Messages
- 4,112
Well the FTC rules of course don't apply in Europe but if I get cause and opportunity to make some sort of formal complaint then it and the CBJAA rules will add good precedent. The new way to avoid at all costs using the word fake is to describe them as 'organic'. (since when were glass beads organic?)
but scoot around the web and see
Mallorca pearls
The ?ORQUIDEA? pearl factory is the best place to buy the mallorca pearls. The best quality at factory prices!
Organic Pearl Necklace - Multi-Color (For Women) - WHITE/ORO/DOVE GREY ( )
Organic Pearl Necklace - Multi-Color (For Women) - WHITE/ORO/DOVE GREY ( )
Overstock . With depth of color and iridescent luster Joia de Majorca's multi-color organic pearl necklace reflects the beauty of the sea - and the woman wearing it. (that is an american website nexttag )
See More ▼
but scoot around the web and see
Mallorca pearls
The ?ORQUIDEA? pearl factory is the best place to buy the mallorca pearls. The best quality at factory prices!
Organic Pearl Necklace - Multi-Color (For Women) - WHITE/ORO/DOVE GREY ( )
Organic Pearl Necklace - Multi-Color (For Women) - WHITE/ORO/DOVE GREY ( )
Overstock . With depth of color and iridescent luster Joia de Majorca's multi-color organic pearl necklace reflects the beauty of the sea - and the woman wearing it. (that is an american website nexttag )
See More ▼
