[Jewelry making - Article 00090] - Re: [Orchid] FTC guidelines

[David Phelps]

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    I spent some time (way too much) reading over the FTC guidelines, and
    discovered that there is no direct prohibition against using any
    method of constructing jewelry and legally calling it hand-made,
    except for the use of pre-fabricated parts. The only requirement is
    that the "ENTIRE PROCESS" be accomplished by "hand labor and
    manually-controlled methods". Nowhere did I see a prohibition of CAD
    CAM, or casting, or even a prohibition of mass produced jewelry.
    Nowhere did I see a prohibition of power tools, electric or
    otherwise. I also saw no rule stating that only fabricated pieces
    qualify as "hand-made". Nor did I see any mention of the "80 - 20
    rule". 

    On the other hand, it is pretty specific in it's description of raw
    materials, saying in part "... 'raw materials' include bulk sheet,
    strip, wire and similar items that have not been cut, shaped or
    formed into jewelry parts..." My interpretation would include casting
    grain and seamless tubing as "similar items" as they "have not been
    cut, shaped or formed into jewelry parts". But I'm not a judge in a
    court of law. 

    It is my humble opinion that just like any other law in the United
    States, these guidelines are open to interpretation until they are
    brought before a court and a judge makes a decision, thus providing a
    legal precedent. I think it would probably be an easy case to
    convince a judge that a computer numerically controlled mill or
    computer controlled printer is not "manually controlled", but until
    it goes before a judge, it is not specifically prohibited. I think it
    might be a tougher case to prove that a piece made using power tools
    or a hand-carved wax constitutes "misuse of the term 'hand-made' ",
    so until a lawsuit is brought, proven and won, I will continue to
    call jewelry I create using a flex-shaft or a hand-carved wax
    "hand-made". I will not use this terminology for a wax from a mold,
    or a CAD CAM piece, but this is based on my personal interpretation
    of the FTC guidelines and my own sense of fair play, not that of a
    court of law. 

    Please don't anyone misinterpret what I am saying. The creativity,
    knowledge and skill required to produce an original piece using a
    computer program blows me away. The investment in both time and money
    is astounding. If it is your interpretation that the use of CAD CAM
    does not conflict with the FTC's guidelines concerning the "misuse of
    the term 'hand-made' ", by all means, drive on. Until a court decides
    otherwise, there is no precedent or rule (that I could find) saying
    that it is misleading to use the term. If anyone knows of such a
    legal precedent, please let us all know. Also, if anyone has a beef
    with someone selling their jewelry as "hand-made", and in your
    interpretation it's not, please bring a lawsuit so we will all have
    some clear guidance. 

    Maybe we can get the Jeweler's Vigilance Committee (JVC) involved in
    such a suit. From their website, "JVC can help the trade understand
    complex regulatory and compliance rules governing the manufacture,
    sale and marketing of fine jewelry." 

    From the posts on this thread, I think the JVC should get involved,
    this is clearly an issue falling within their stated objectives. The
    government has given us wide latitude and our interpretations of the
    guidelines are as varied as our experiences. The public needs to know
    we are taking care of our own internal disagreements and public
    misrepresentations. We need to constantly prove we are an industry
    worthy of the trust of our government, our customers and the public
    at large. It would be an embarrassment and a shame on our trade for
    us to wait until one of our customers brings a lawsuit forcing a
    court to determine for us what does and what does not constitute
    "hand-made". 

    That would be a precedent we could live without. 

Dave
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