Tom Stern's natural pearls

[SteveM]

The rules are well-intentioned but the end consumer does not read FTC directives, and we don't hear much about vendors being fined or jailed for their transgressions.

It occurs to me now that it would be far more effective to reverse the equation and specify 'natural' when referring to 'natural pearls.' This is what is done in practice anyway. Since the burden of proof is upon the seller to justify collectible pricing, the control system—as imperfect as it may be—is already in place.

Perhaps too logical—like legalization of drugs!

 

[GemGeek]

The rules are well-intentioned but the end consumer does not read FTC directives, and we don't hear much about vendors being fined or jailed for their transgressions.

It occurs to me now that it would be far more effective to reverse the equation and specify 'natural' when referring to 'natural pearls.' This is what is done in practice anyway. Since the burden of proof is upon the seller to justify collectible pricing, the control system?as imperfect as it may be?is already in place.

Perhaps too logical?like legalization of drugs!

I have agreed with this position for years. The few producers of natural pearls are standing fast, though, so even though it makes more sense, they won't budge.

Of course, when they sell, they make a big deal out of their "natural pearls" -- you never find them advertised as just "pearls".

 

[DrTKStern]

Federal Pearl Rules

Federal Pearl Rules

Hi to all,

Further United States rules regarding pearls, cultured pearls, and imitation pearls. We all love objects that resemble pearls.

Members in other nations please submit your national rules, if any, to this thread on the website. I'm wondering about the terminology in the UK and France.

Best regards,
Tom




e-CFR Data is current as of June 9, 2009




Title 16: Commercial Practices
PART 23?GUIDES FOR THE JEWELRY, PRECIOUS METALS, AND PEWTER INDUSTRIES


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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.
(a) It is unfair or deceptive to use the term ?cultured pearl,? ?cultivated pearl,? or any other word, term, or phrase of like meaning to describe, identify, or refer to any imitation pearl.

(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?).

(c) It is unfair or deceptive to use the term ?Oriental pearl? or any word, term, or phrase of like meaning to describe, identify, or refer to any industry product other than a 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.

(d) It is unfair or deceptive to use the word ?Oriental? to describe, identify, or refer to any cultured or imitation pearl.

(e) It is unfair or deceptive to use the word ?natura,? ?natural,? ?nature's,? or any word, term, or phrase of like meaning 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 clear that the product is not a natural or cultured pearl.

(f) It is unfair or deceptive to use the term ?kultured,? ?semi-cultured pearl,? ?cultured-like,? ?part-cultured,? ?pre-mature cultured pearl,? or any word, term, or phrase of like meaning to describe, identify, or refer to an imitation pearl.

(g) It is unfair or deceptive to use the term ?South Sea pearl? unless it 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.

(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.

(i) It is unfair or deceptive to use the word ?real,? ?genuine,? ?precious,? or any word, term, or phrase of like meaning to describe, identify, or refer to any imitation pearl.

(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.?

(k) It is unfair or deceptive to use the 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,? or any regional designation to describe, identify, or refer to any cultured or imitation pearl, unless the term is immediately preceded, with equal conspicuousness, by the word ?cultured,? ?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 a cultured or imitation pearl.


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Section 508 / Accessibility

 

[Caitlin]

I have agreed with this position for years. The few producers of natural pearls are standing fast, though, so even though it makes more sense, they won't budge.

Of course, when they sell, they make a big deal out of their "natural pearls" -- you never find them advertised as just "pearls".

I like to even add "wild" or "wildcrafted" ahead of "natural" because most people don't have any idea of the classifications of pearls; they even think imitation pearls are "real" pearls......and think "real" means "natural"

further musings on the topic:
The Leonard Rosenthal (aka "The Pearl Hunter") law case in Paris in the 20's might have been the first ruling on this issue, with the US and others following suit. However, it is almost 100 years old and the entire natural pearl market has redefined itself from being the only pearl market except for imitations to the small and elite market it is today. The circles natural pearls sell in are made up of rich people who wouldn't buy anything but natural pearls anyway. The average Joe won't ever even see a natural pearl except in a museum.

I actually like having the "cultured" and "imitation" specified and "natural" too. What is awkward is having to specify the category EVERY TIME you say "pearl", which is what the rules seem to suggest you must do.

Gina la Tendresse has posted twice here, both times to say we must use the proper adjective every single time we use "pearl".

But how can you amend the rules anyway? What should they say?

 

[Caitlin]

LINK Here is the section right above the one Tom posted:

(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.
? 23.20 Misuse of terms such as “cultured pearl,” “seed pearl,” “Oriental pearl,” “natura,” “kultured,” “real,” “gem,” “synthetic,” and regional designations.

 

[pearlescence]

Hi
I have never found any legal definition rules for pearls here in the UK. We are bound by the Trades Descriptions Act which requires that we be truthful with descriptions of goods which we are selling. Use of a false TD will negative the contract and get you a conversation with the Trading Standards Officer.
The direction being taken by this discussion makes me wonder if I need to add a clarifying paragraph to the home page of my website to make clear that all pearls within are farmed/cultured
.

 

[pearlescence]

oh, and those who sell fake pearls here love the descriptor 'faux' cos faux does not mean fake, did you know that?

 

[SteveM]

But how can you amend the rules anyway? What should they say?

Wouldn't expect any enlightenment from FTC. But on an independent basis one might attempt to reflect the actual market, which is determined by quality, consistent branding and supply and demand.

Consider Eyris? Blue Pearls. Neither natural, nor pearls. But they are a quality product and have earned respect at the highest levels of the industry.

I suppose one must draw a line with beads, but even then caveat emptor should be just as effective.

Natural/Wild/(Free range?). Why shouldn't naturals merit a more detailed description, especially when that description provides added value? This would parallel other luxury artisan products, such as wine, whose names get longer with increased individuality (more for your money!).

Of course, any alternative or independent set of rules would remain legally subservient to FTC. But a statement could be made?

 

[GemGeek]

Natural/Wild/(Free range?). Why shouldn't naturals merit a more detailed description, especially when that description provides added value? This would parallel other luxury artisan products, such as wine, whose names get longer with increased individuality (more for your money!).

Of course, any alternative or independent set of rules would remain legally subservient to FTC. But a statement could be made?

I love Wild because it's more clear what they are. I completely support natural pearls as the only pearls that can be described as natural, or naturally-occurring.

 

[pearlescence]

and farmed? as against cultured. I mean we don't have cultured cows or sheep?

 

[GemGeek]

and farmed? as against cultured. I mean we don't have cultured cows or sheep?

Farmed pearls. Sort of mind-boggling and a big duh at the same time! Definitely sounds authentic.

 

[Caitlin]

Farmed is the word. The pearl farmers are farming pearls on their farms... whether in China or on an atoll like Josh.

This is an exciting new take on pearl farming and it cuts the Gordian knot of saying cultured all the time. "Farmed pearls" says it and "Wild pearls " says the rest.

We are lucky to have a known pearl farmer here and isn't that what he calls it? The farm?

 

[SteveM]

Yes, farming evokes 'husbandry' with positive environmental overtones, whereas aquaculture, like agriculture, conjures images of yield maximization through scientific advancement. So we haven't really progressed here in the attempt to streamline terminology, as there would be farmed pearls and cultured pearls, depending upon the philosophy.

 

[pearlescence]

But people generally will understand farmed

 

[DrTKStern]

Other nations

Other nations

LINK Here is the section right above the one Tom posted:

Hi, All,

The laws in America are inescapably clear about "cultured pearls", beautiful objects as they are, not being "pearls." I hope to see every outlet follow the law, unless and until they can get the rules changed, including the large department stores. Please forward the law to people you know who might be in violation.

I would guess more than 99% of shoppers cannot distinguish a good cubic zirconium from a diamond, which is why rules to protect the public exist, just as the public is protected by law from misrepresentations in financial instruments. And for the same reason, protections for the public exist on pearls. I encourage the large jewelry associations to make sure members are aware of the law, acknowledge it, understand it, and follow it.

Very interesting information from Wendy in the UK about their rules. Anyone else? Of course in Bahrain, bringing in a cultured pearl can lead to arrest; so their law is clear. What about business code rules in France, Switzerland, elsewhere in Europe?

Also, very interesting info from Caitlin about the 1920s case. Can you provide a link to that?

Effisk? Any information?

Best regards,
Tom

 

[Caitlin]

The Pearl Hunter, by Leonard Rosenthal, published by Schuman 1952, Chapter 12, (titled My ex-enemy, the cultured pearl) beginning on page 111.

Having been tricked into buying beeswax filled pearls in 1913 and 1915 and after many more artificial pearls were offered as "pearls" to them by the Japanese. In his own words (pp112-113)

It became urgently necessary to do something about the situation. In conjunction with my friend and colleague Rene Bloch, I therefore brought suit against those dealers who indiscriminately offered Oriental pearls with artificially produced pearls under the same denomination. After many long months we won our case: The appelation "cultured" pearl became obligatory for this new category of luxury article.

This version does not state the date of the lawsuit but the episode is located in the book between the two world wars. Rosenthal also wrote, the Kingdom of the Pearl. He was first among equals among the natural pearl mongers. He was at his height by pre-WWI.

I have an extra copy of the pearl hunter, if anyone wants it, pm or email me.

 

[DrTKStern]

The Pearl Hunter, by Leonard Rosenthal, published by Schuman 1952, Chapter 12, (titled My ex-enemy, the cultured pearl) beginning on page 111.

Having been tricked into buying beeswax filled pearls in 1913 and 1915 and after many more artificial pearls were offered as "pearls" to them by the Japanese. In his own words (pp112-113)
This version does not state the date of the lawsuit but the episode is located in the book between the two world wars. Rosenthal also wrote, the Kingdom of the Pearl. He was first among equals among the natural pearl mongers. He was at his height by pre-WWI.

I have an extra copy of the pearl hunter, if anyone wants it, pm or email me.

UTTERLY FASCINATING!!!!!!

 

[Caitlin]

BTW Rosenthal's grandsons were the first to culture pearls in Tahiti.

I found a reference to the lawsuits of the 20's in Strack p323. This is more a precis than a direct quote. Mikimoto was successful in England getting the Mikimoto brand to refer only to his pearls. "In France leading trade organizations worked in 1921 to declare cultured pearls imitations." Rosenthal was Mikimoto's worst enemy. In April, 1926, at the First International Jeweller's Congress, it was agreed that cultured pearls were to be designated as such.

 

[DrTKStern]

New natural pearls

New natural pearls

Hi, All,

These photos are of new pearls reported by GIA and Bahrain Central Laboratory. They are about 10 carats each, and the pair comes from Pterias sterna.

Photos by Dale Rex Saltiel.

Best,
Tom

 

[GemGeek]

Fabulous! Do you own these? Each one is stunning.