Paua shell being described as "marine opal"

No. 292. Paua shell being described as "marine opal." The Commission rendered an advisory opinion in which it concluded that costume jewelry containing a centerpiece consisting of a small inset of paua shell could not be described as "marine opa1."

According to the Commission s opinion:

, opal is a gem which is well known generally among the purchasing public and the trade and has certain well-established characteristics and properties. It is an inorganic mineral found jn Australia which is far more expensive and preferable than the paua shell, which is an organic substance found in the ocean. "Cnder these circumstances , therefore , the Commission has concluded that it would be deceptive to label a paua shell as " opal" on the well-established principle that the consumer is prejudiced if, upon giving an order for one thing, he is supplied with something else. Commenting upon the inadequacy of the word "marinc " to remove the deceptive nature of the word "opal " the Commission ADVISORY OPINION DIGESTS 1671 said that the word "marine" wouJd only serve to enhance that deception. It reached this conclusion because the word "marine would convey the impression, contrary to fact, that this is a variety of opal found in the ocean, when in fact just the reverse is true opal is an inorganic mineral found in the ground. (File No. 693 7015, released Oct. 1, 1968.