[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR23.20]

[Page 150-151]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 23_GUIDES FOR THE JEWELRY, PRECIOUS METALS, AND PEWTER INDUSTRIES
--Table of Contents
 
Sec. 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.

[[Page 151]]

    (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.