Correct A77. It is a huge problem. By removing the third element
of this equation (Simulant), a seller may opt to "not see"
the option to select CZ as the sub-category. Yes, there
is a problem when the material being listing is something
other than cubic zirconia (CZ). What looks like one gemstone,
may be: CZ, glass, or a different (less costly) natural
stone (like white topaz, used as a simulant for diamond).
Some sellers will seek out whatever loop-hole is available.
The only way (I can think of) to pin down the true nature of the
material, is to offer sellers 3 choices: Natural, Synthetic, Simulant.
(Those 3 words have very specific legal usage regarding jewelry sales.)
The 1st three (below) are often used incorrectly, either
due to lack of knowledge, or deceptive practices.
"laboratory-grown": same optical, physical, and chemical
properties as the stone named.
"laboratory-created": same optical, physical, and chemical
properties as the stone named.
"[manufacturer name]-created": same optical, physical, and chemical
properties as the stone named.
"synthetic": same optical, physical, and chemical
properties as the stone named.
"Synthetic" is more concrete IMO. The other 3 (above) allow
the "creative" seller an "out" in their minds, because they
say the CZ, glass, or whatever, was made in a lab, therefore
they made an innocent mistake and listed incorrectly...
yada, yada, yada.
"imitation": NOT the same optical, physical, and chemical
properties as the stone named.
"simulated": NOT the same optical, physical, and chemical
properties as the stone named.
FTC Guidelines for Jewelry, Precious Metals, and Pewter Industries:
http://www.ftc.gov/bcp/guides/jewel-gd.htm EXCERTPS:
§ 23.11 Definition and misuse of the word "diamond."...
Note 2 to paragraph (c): Additional guidance about imitation and
laboratory-created diamond representations and misuse of words "gem,"
"real," "genuine," "natural," etc., are set forth in § 23.23, 23.24, and 23.25.
§ 23.23 Misuse of the words "ruby," "sapphire," "emerald," "topaz," "stone,"
"birthstone," "gemstone," etc.
(a) It is unfair or deceptive to use the unqualified words "ruby,"
"sapphire," "emerald," "topaz," or the name of any other precious or
semi-precious stone to describe any product that is not in fact a natural
stone of the type described.
(b) It is unfair or deceptive to use the word "ruby," "sapphire," "emerald,"
"topaz," or the name of any other precious or semi-precious stone, or the
word "stone," "birthstone," "gemstone,'' or similar term to describe a
laboratory-grown, laboratory-created, [manufacturer name]-created,
synthetic, imitation, or simulated stone, unless such word or name is
immediately preceded with equal conspicuousness by the word
"laboratory-grown," "laboratory-created," "[manufacturer name]-created,"
"synthetic," or by the word "imitation" or "simulated," so as to disclose
clearly the nature of the product and the fact it is not a natural gemstone.
Note to paragraph (b): The use of the word "faux" to describe a
laboratory-created or imitation stone is not an adequate disclosure that the
stone is not natural.
(c) It is unfair or deceptive to use the word "laboratory-grown,"
"laboratory-created," "[manufacturer name]-created," or "synthetic" with the
name of any natural stone to describe any industry product unless such
industry product has essentially the same optical, physical, and chemical
properties as the stone named.
Sorry this is so long winded.
Starting May 1—get up to 2,500 FREE listings* every month with an eBay Stores subscription
)
)
)
)
)
