Federal Trade Commission's Guide to the use of term "Created"

Federal Trade Commission's “Guide for the Jewelry Industry” (excerpts), outlining use of terms “Created”, “Lab-grown”, etc.

§ 23.23 Misuse of the Words “ruby,” “sapphire,” “emerald,” “topaz,” “stone,” “birthstone,”

“gemstone,” etc.

(a) It is unfair or deceptive to use the unqualified words “ruby,” “sapphire,” “emerald,” “topaz,” or

the name of any other precious or semi-precious stone to describe any product that is not in fact a

natural stone of the type described.

(b) It is unfair or deceptive to use the word “ruby,” “sapphire,” “emerald,” “topaz,” or the name of

any other precious or semi-precious stone, or the word “stone,” “birthstone,” “gemstone,’’ or

similar term to describe a laboratory-grown, laboratory-created, [manufacturer name]-created,

synthetic, imitation, or simulated stone, unless such word or name is immediately preceded with

equal conspicuousness by the word “laboratory-grown,” “laboratory-created,” “[manufacturer

name]-created,” “synthetic,” or by the word “imitation” or “simulated,” so as to disclose clearly

the nature of the product and the fact it is not a natural gemstone.

Note to paragraph (b): The use of the word “faux” to describe a laboratory-created or

imitation stone is not an adequate disclosure that the stone is not natural.

name]-created,” or “synthetic” with the name of any natural stone to describe any industry product

unless such industry product has essentially the same optical, physical, and chemical properties as

the stone named.

§ 23.25 Misuse of the Word “gem”

(a) It is unfair or deceptive to use the word “gem” to describe, identify, or refer to a ruby, sapphire,

emerald, topaz, or other industry product that does not possess the beauty, symmetry, rarity, and

value necessary for qualification as a gem.

(b) It is unfair or deceptive to use the word “gem” to describe any laboratory-created industry product

unless the product meets the requirements of paragraph (a) of this section and unless such word is

immediately accompanied, with equal conspicuousness, by the word “laboratory-grown,” “laboratory-

created,” or “[manufacturer-name]-created,” “synthetic,” or by some other word or phrase of

like meaning, so as to clearly disclose that it is not a natural gem.

Note to § 23.25: In general, use of the word “gem” with respect to laboratory-created

stones should be avoided since few laboratory-created stones possess the necessary

qualifications to properly be termed “gems.” Imitation diamonds and other imitation

stones should not be described as “gems.” Not all diamonds or natural stones, including

those classified as precious stones, possess the necessary qualifications to be properly

termed “gems.”

Bureau of Consumer Protection, Federal Trade Commission

FEDERAL TRADE COMMISSION FOR THE CONSUMER

1-877-FTC-HELP www.ftc.gov

PUB-74