[Jewelry making - Article 00338] - Re: [Orchid] Hallmarking Two-tone metal

[The Doctor]

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    I was going to pass on posting to this thread for the fifth time in
    two years, but it seems to escape many of Orchid's readers. Perhaps
    I can clarify. 

>         But getting back to the marking of mixed materials. The law
>     was not written to address this. If it was, then the examples in
>     the FTC guidlines would clearly tell us what we should do. Since
>     they do not, it seems very reasonable to use multiple marks. 

    The law most certainly was written to address this. The Metals
    Stamping Act, United States Code, Title 15 - Commerce and Trade,
    Chapter 8 Falsely Stamped Gold or Silver or Goods Manufactured,
    Sections 291 through 300 cover this. Section 295 (indeed, all
    sections) mention with a great deal of legalese that you cannot
    quality mark a piece of gold with a higher quality than that of
    which it can be assayed. It speaks to the fact that the part to be
    assayed must be the entire quantity of gold, including any alloy,
    solder, etc. Not only does this count for a stamp on the metal, it
    also includes any tag, card or label affixed to the article, or even
    in the box, wrapper, etc., provided for it. Section 296 is a carbon
    copy of Section 295, substituting the word "silver" for "gold." 

    To supplement the Metals Stamping Act, the FTC Jewelry Guides take
    into account mixed metals. Under Section 23.9 (a)(1) it is written: 

          "If a quality mark on an industry product is applicable to
          only part of the product, the part of the product to which it
          is applicable (or inapplicable) should be disclosed when,
          absent such disclosure, the location of the mark misrepresents
          the product or part's true composition." 

    So, if you have created a piece with different metals, let's say 14k
    yellow gold and sterling silver and you stamp it 14k, it may
    certainly be assumed that, absent disclosure, a consumer may assume
    that the piece may be constructed of both 14k yellow and white gold.
    That, dear Orchid, is what the FTC Guides mean by "the location of
    the mark misrepresents the product or part's true composition."
    Also, if you marry 18k white gold to 900/100 platinum and stamp it
    900/100 Plat, you've committed the same crime. 

    The guides use the word "disclose" which may be interpreted as you
    like. As long as you stamp the platinum/white gold piece ON the
    platinum part, the Guides seem to say that it is okay for you to
    simply tell the consumer that the rest of the piece is gold. Or put
    a tag, card, or even mark the box that contains the piece. That's
    disclosure, but it isn't one I'd recommend simply for the fact that
    if you're going to make a permanent mark of any kind, you should
    make full disclosure with another quality mark on the lesser metal.
    Somehow, it seems unethical to mark only the higher value metal. 

    To be honest, I am fully in line with Jim Binnion's view that
    mixed/married/mokume'd metals should not be stamped. Even when your
    first-line customer is apprised of the exact components of your
    creation, you need to face the fact that someday, they may no longer
    be as besotted with it as they are on that first day of ownership.
    When jewelry items pass on to other owners, they will be the ones
    who will feel the misrepresentation that the FTC Guides wrote about.
    So here's another scenario: 

    You marry some metals into a piece and stamp it with a quality mark
    and your hallmark, registered trademark or name (you are doing this,
    right? if you don't accompany a quality mark with your name,
    trademark, etc., you're already breaking the law). After a few
    years, the original owner decides (s)he must liquidate some assets
    for one reason or another and decides to sell that piece to an
    interested buyer. (S)He digs it out of the bottom of the jewelry box
    and sees the 900/100 Plat stamp and sells it for metal value by
    weight as platinum, since (s)he isn't as familiar with it as once
    was. 

    You can see where I'm going with this, I'm sure. After testing, it
    turns out that a significant portion of the piece is mere gold, yet
    the piece is stamped platinum. The new owner contacts the FTC, who
    then looks up your makers mark, hallmark, name, etc., and brings an
    action against you, the maker. Sure you never sold it as all
    platinum, but the piece was misrepresented in the end. 

    Okay, I realize that the scenario is a bit of a stretch, but the end
    choice is up to you. If you really want to stamp it, you're best off
    stamping each metal with its' own quality mark. And if you stamp
    quality, also stamp your name or trademark. You'll probably never be
    sued or suffer an FTC action if you don't, but more remote things
    have happened. In the end, I agree with Jim - don't stamp it at all.
    Attach a tag, card, etc. with a description of each component.
    Include a flowery, sickly-sweet artists' statement. People who like
    that kind of fluff will save the box, card and statement for as long
    as they own the piece and will pass it on to the next person. 

James in SoFl

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