Use of Terms “Golden Finish,” “Gold Brushed,” and “Golden Manner,” as Descriptive of Costume Jewelry…

ADVISORY OPINIONS WITH REQUESTS THEREFOR* Use of Terms “Golden Finish,” “Gold Brushed,” and “Golden Manner,” as Descriptive of Costume Jewelry Containing a Gold Coating of Ten-Karat Fineness and Three-Millionths. to Five-Millionths of an Inch Thick. (File No. 713 7031)

Opinion Letter
Juuy 2, 1972
Dear Mr. Jonus: :

This is in response to your letter of January 22, 1971, requesting an advisory opinion on the use of the terms “gold finish,” “golden finish,” “gold brushed,” and “golden manner,” as descriptive of costume jewelry containing a gold coating of ten-karat fineness and 3/1,000,000ths to 5/1,000,000ths of an inch thick. As the Commission understands the facts, the fineness and thickness of this jewelry falls within the description guidelines for “gold flashed,” or “gold washed” jewelry as set out in Rule 22C(3) of the Commission’s Trade Practice Rules for the Jewelry Industry. The Commission believes that, if it were to sanction the use of these new terms, it may result in a proliferation of meaningless descriptive terms and would tend to confuse not only the jewelry industry but the average consumer as well. The Commission, therefore, cannot approve the use of the terms you propose.

By direction of the Commission.

*Prior to October 29, 1969, in conformity with the policy of the Commission, advisory opinions were confidential and available to the public only in digest form. Digests of

advisory opinions vere published in the Federal Register. The policy was, changed on October 29, 1969, to provide for publication of advisory opinions and requests therefor, including names and details, when rendered, subject to any limitations on public disclosure arising from statutory restrictions, the Commission’s rules, and the public interest. The policy was again changed on December 22, 1971, to provide for the placement in the Commission’s public record of advisory opinions and requests therefor, including names and details, immediately after the requesting party has received the Commission’s advice, subject ‘to any limitations on public disclosure arising from statutory restrictions, the Commission’s rules, and the public interest. In the case of requests for advice concerning proposed mergers, the requests together with supporting materials are placed on the public record as soon after they are received as circumstances permit, except for information for which confidential classification has been requested, with 2 showing therefor, and which the Commission, with due regard to statutory restrictions, its rules, and the public interest, has determined should not be made public. Any advice given under Section 1.3 of the Commission’s Rules of Practice concerning proposed mergers, together with a statement of supporting reasons, are published when given. ADVISORY OPINIONS WITH REQUESTS THEREFOR 1029:

1028 Request
Supplemental Letter of Request
Marcy 26, 1971.
Dear Mr. Levin:

This is in regard to our previous correspondence concerning the names and description of certain jewelry and in particular, to your letter of February 4, 1971.

Initially, I must decline to reveal the name of my client as I am not at liberty to do so. As I understand it, there is no requirement to reveal a client’s name in order to receive an advisory opinion from the F.T.C. In any event, if a name is needed, mine should be sufficient because aside from my client’s interest, I as a consumer, am entitled to such information from the Commission.

The material which you furnished me under cover of your February 4, letter was helpful. However, since that time, I have been attempting to advise my client regarding advertising copy describing -the proposed line of costume jewelry. The jewelry in question is of the “gold washed” and “gold flashed” quality, i.e. a non-precious metal base with between 3/1,000,000 and. 5/1,000,000 of an inch of gold of 10 Karat fineness affixed by electrolytic process. The line includes earrings, pendants, pins, bracelets and rings. The problem arises as to how may such a line of costume jewelry be promoted in advertising copy and in particular how may the gold finish on this jewelry be described. Presently, the following descriptive terms are under consideration: gold finish, golden finish, gold brushed and golden manner. I feel that these descriptions are within the guidelines set out by the Commission. My opinion is also strengthened by observation of many other jewelry advertisements using these terms for jewelry with the same type of gold finish as we contemplate. I would appreciate your advising me if the aforesaid terms, when used to advertise jewelry with the above described gold finish, would violate any rule or regulation of the Federal Trade Commission. Since this matter is of the utmost urgency, I would indeed be grateful if you would give it attention at your earliest possible convenience.

Thank you for your cooperation.
Very truly yours,
(S) Epwarp S. Jonzs.
Letter of Request
January 22, 1971.
GENTLEMEN:

I represent a client who plans to market a line of costume jewelry consisting of non-precious metals and. synthetic stones. 1030 - FEDERAL ‘TRADE COMMISSION: DECISIONS Opinion 79 FT.C.

My client is presently considering several names for the individual pieces of jewelry as well as the entire line. Among these names are some using the word “Jewelled”; e.g. “Jewelled Heirloom”. Also under consideration are names using the word “Golden” ; e.g. “Golden Owl”. In the latter example, the piece will actually be in the shape of a miniature owl of a golden color but containing no gold metal. In the former, the stones used will be synthetic.

I would appreciate your opinion as to whether the use of these names, as contemplated, would violate any rule or regulation of the Federal Trade Commission. If you are of the opinion that there would be such a violation without a further disclosure, would you indicate what wording would be sufficient. In this regard, we are considering using the legend “Costume J: ewelry” on labels and labelling. Thank you for your cooperation in this matter, Very truly yours, (S) Epwarp S. Jonzs.

Promotional Assistance Plan Whereby Labels from Grocery and