Wholesale Diamonds to the Public – Can you say that?

This is what the Jewelers Vigilance Committee has to say on the subject:

Wholesale to the Public: An Advertising Case Study.

“Wholesale to the Public” Can you say that?

No. Never. No exceptions. This violates both the Lanham Act and the FTC Guidelines. If you see someone advertising in this manner, please forward a copy of their advertising to the JVC.

In Title 16 of the Code of Federal Regulations, section 233.5:

“[R]retailers should not advertise a retail price as a ‘wholesale’ price. They should not represent that they are selling at ‘factory’ prices when they are not selling at the prices paid by those purchasing directly from the manufacturer.”

The
other relevant statute is in the Lanham Act (title 15, section 1125(a)(1)), the federal trademark/unfair competition rules:

“Any person who, on or in connection with any goods or services . . . uses in commerce . . . any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which is likely to cause confusion, or to cause mistake, or to deceive . . . as to the origin . . . of his or her goods . . . shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”


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