[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: 16CFR23.9]

[Page 147-148]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 23_GUIDES FOR THE JEWELRY, PRECIOUS METALS, AND PEWTER INDUSTRIES
--Table of Contents
 
Sec. 23.9  Additional guidance for the use of quality marks.

    As used in these guides, the term quality mark means any letter, 
figure, numeral, symbol, sign, word, or term, or any combination 
thereof, that has been stamped, embossed, inscribed, or otherwise placed 
on any industry product and which indicates or suggests that any such 
product is composed throughout of any precious metal or any precious 
metal alloy or has a surface or surfaces on which there has been plated 
or deposited any precious metal or precious metal alloy. Included are 
the words ``gold,'' ``karat,'' ``carat,'' ``silver,'' ``sterling,'' 
``vermeil,'' ``platinum,'' ``iridium,'' ``palladium,'' ``ruthenium,'' 
``rhodium,'' or ``osmium,'' or any abbreviations thereof, whether used 
alone or in conjunction with the words ``filled,'' ``plated,'' 
``overlay,'' or ``electroplated,'' or any abbreviations thereof. Quality 
markings include those in which the words or terms ``gold,'' ``karat,'' 
``silver,'' ``vermeil,'' ``platinum'' (or platinum group metals), or 
their abbreviations are included, either separately or as suffixes, 
prefixes, or syllables.
    (a) Deception as to applicability of marks. (1) 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.
    (2) If a quality mark is applicable to only part of an industry 
product, but not another part which is of similar surface appearance, 
each quality mark should be closely accompanied by an identification of 
the part or parts to which the mark is applicable.
    (b) Deception by reason of difference in the size of letters or 
words in a marking or markings. It is unfair or deceptive to place a 
quality mark on a product in which the words or letters appear in 
greater size than other words or letters of the mark, or when different 
markings placed on the product have different applications and are in 
different sizes, when the net impression of any such marking would be 
misleading as to the metallic composition of all or part of the product. 
(An example of improper marking would be the marking of a gold 
electroplated product with the word ``electroplate'' in small type and 
the word ``gold'' in larger type, with the result that purchasers and 
prospective purchasers of the product might only observe the word 
``gold.'')

    Note 1 to Sec. 23.9: Legibility of markings. If a quality mark is 
engraved or stamped on an industry product, or is printed on a tag or 
label attached to the product, the quality mark should be of sufficient 
size type as to be legible to persons of normal vision, should be so 
placed as likely to be observed by purchasers, and should be so attached 
as to remain thereon until consumer purchase.
    Note 2 to Sec. 23.9: Disclosure of identity of manufacturers, 
processors, or distributors. The National Stamping Act provides that any 
person, firm, corporation, or association, being a manufacturer or 
dealer subject to

[[Page 148]]

section 294 of the Act, who applies or causes to be applied a quality 
mark, or imports any article bearing a quality mark ``which indicates or 
purports to indicate that such article is made in whole or in part of 
gold or silver or of an alloy of either metal'' shall apply to the 
article the trademark or name of such person. 15 U.S.C. 297.