Use of "12 karat gold filled" to describe earrings

No. 371. Use of "12 karat gold filled" to describe earrings. The Commission issued an advisory opinion to a company, denying permission to apply the designation "12 karat gold filled" unqualifiedly to an earring where all the metallic parts, except the steel spring base, are composed of %0 12-karat-goJd-filled precious metal. It was alleged by the company seeking the opinion that the spring base performed a "spring" or tension function and is a spring within the meaning of that word in trade practice rules for the Jewelry Industry. Being a spring, it was further contended , exempts it in any assay for quality and permits unquaJified use of the designation "12 karat gold filled. In rejecting the company s position, the Commission said: Even if \ve a::sumc that the allegation of performing a spring or tension function is correct, this is not the primary purpose or function of the spring base. As we vic\';' the situation , the spring base serves primarily as a connecting' link or arm between the clip, which is attached to the top, and the ornament which is attached to the bottom. Thus, simply because the spring base may perform a tension function, this rioes not mean that the component is a spring within the meaning of that word in Rule 22D of trade practice rules for the Jewelry Industry. Stated differently, performing a dual function does not necessarily make the component a spring. Accordingly, the Commission is of the opinion that the spring base is not a spring as that term is contemplated \vithin the meaning of the rules and the component therefore is not exempt in assay for quality. Since the component is not a spring, it \"ould therefore be improper under Rule 22B(4) and Rule 25 (a) of the trade practice rules to unqualifiedly designate the earring as ' karat gold filled. ' As you knO\v, these two rule provisions prohibit the use of a quality mark, such as the one contemplated , in a manner which would misrepresent the metallic composition of the product or any part thereof. Since the spring base is composed of steel rather than the quality indicated in the proposed designation, it would therefore be deceptive to use such a ql1ality mark unqualifiedly.

(File o. 703 7027 Released October 9 , J 969)