16 C.F.R. § 23.22
Misrepresentation as to cultured pearls
It is unfair or deceptive to misrepresent the manner in which cultured pearls are produced, the size of the nucleus artificially inserted in the mollusk and included in cultured pearls, the length of time that such products remained in the mollusk, the thickness of the nacre coating, the value and quality of cultured pearls as compared with the value and quality of pearls and imitation pearls, or any other material matter relating to the formation, structure, properties, characteristics, and qualities of cultured pearls.
Notes of Decisions
Cited in 2
cases, 1980–2015 · leading case: Ferreira v. Sterling Jewelers, Inc., 130 F. Supp. 3d 471 (D. Mass. 2015).
Ferreira v. Sterling Jewelers, Inc., 130 F. Supp. 3d 471 (D. Mass. 2015). “Under 16 C.F.R. § 23.22 , “[i]t is unfair or deceptive to fail to disclose that a gemstone has been treated” if the treatment is not permanent, the treatment creates special care requirements for the gemstone, or the treatment has a significant effect on the stone’s value.”
RSMC Inc. v. United States, 84 Cust. Ct. 96 (Cust. Ct. 1980). “This regulation reads as follows (16 CFR 23.22): § 23.22 Misrepresentation as to gold content (a) It is an unfair trade practice to sell or offer for sale any industry product under any trade or product name or designation or other representation having the capacity and tendency…”
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