[Jewelry making - Article 00871] - Re: [Orchid] FTC Jewelry guide, misleading and deceptive practices

[Lee Einer]

========[ Invite a Friend - http://www.ganoksin.com/invite.htm  ]========


>        I think it is easy to put something down, we need to take the
>     higher road. I totally agree 10 sets of the same component will
>     result in 10 different end products. I took up silver smithing to
>     make my bead designs different than others, then I took up
>     lapidary, to make them even more unique. 

    Teresa, what I think you are missing is 

    1). This is not an issue of my personal definition of "handmade" vs
    yours or someone elses. The definition of the term "handmade" as it
    applies to jewelry (as well as the definition of "jewelry," itself")
    has been set forth, officially, in writing, by the US Fair Trade
    Commission. Deliberate misuse of the term to advertise one's product
    can result in a variety of  consequences ranging from "educational
    contact" with the FTC to imposition of civil penalties. The Jewelry
    Guide states 

    Sec. 23.3 Misuse of the terms ``hand-made,'' ``hand-polished,'' etc. 

    (a) It is unfair or deceptive to represent, directly or by
    implication, that any industry product is hand-made or hand-wrought
    unless the entire shaping and forming of such product from raw
    materials and its finishing and decoration were accomplished by hand
    labor and manually-controlled methods which permit the maker to
    control and vary the construction, shape, design, and finish of each
    part of each individual product. 

    Note to paragraph (a): As used herein, ``raw materials'' include
    bulk sheet, strip, wire, and similar items that have not been cut,
    shaped, or formed into jewelry parts, semi-finished parts, or
    blanks. 

    What we are talking about is no more subjective than the requirement
    that one stop at a red light, and go on the green. 

    2.) I am not "putting down" beading at all. I am simply bringing to
    the attention of the Orchid community the fact that many are
    incorrectly/inaccurately labeling products as "handmade" which are
    in fact only hand-assembled, and I am asking what can be done to
    correct the problem. 

    3). Contrary to your implication, I am taking the higher road by
    presenting this issue for frank and open discussion. I could simply
    file formal complaints with the FTC against businesses which I
    observe engaging in this practice. That would be a low road, and
    injurious to those who may be mislabeling their work simply because
    they are unaware of the definition of the term under US regulation
    as it applies to jewelry.  I could also do what many do, and avoid
    confronting the issue out of a fear of "making waves." That is
    probably the lowest road of all. 

Lee Einer


____________________________________________________________________
T h e   O r c h i d   L i s t
Open Electronic Forum for Jewelry Manufacturing Methods and Procedures
____________________________________________________________________
Orchid FAQ:
~ http://www.ganoksin.com/orchid/faq.htm
Orchid Archives:
~ http://www.ganoksin.com/orchid/archive
Orchid Galleries:
~ http://www.ganoksin.com/orchid/gallery.htm
Invite a Friend:
~ http://www.ganoksin.com/invite.htm
____________________________________________________________________
Tips From The Jeweler's Bench - Article Archive
~ http://www.ganoksin.com/borisat/tip_sear.htm
The Jeweler's Selected Bibliography List
~ http://www.ganoksin.com/jewelry-books
Buy Orchid Jewelry:
~ http://www.ganoksin.com/shop
____________________________________________________________________
-Unsubscribe:
-Email: orchid-request AT ganoksin.com Body=unsubscribe subject=blank
____________________________________________________________________