Podcast: Keeping Compliant

 

December 10, 2019
Guest: Sara Yood, Esq., Jewelers Vigilance Committee (JVC) 

Our guest on this episode, Sara Yood, senior counsel at the Jewelers Vigilance Committee (JVC), has made a career out of helping businesses wade through the myriad guidelines, regulations, and laws that apply to making and selling jewelry. It’s not easy staying up to date—recent changes to the FTC guidelines, for instance, have changed how the industry can talk about karat gold, lab-grown gems, and metal coatings, while a recent Supreme Court decision changed the rules for taxing internet sales. Add in such continuing concerns as maintaining proper anti-money-laundering documentation and protecting intellectual property, and Yood and her team at the JVC have their hands full helping the industry to remain up to date and in compliance. 

 In this discussion, Yood talks about her background and education as well as what led her into jewelry law. She also provides insights, offers advice, and explains JVC’s position on the newly announced line of 1k gold jewelry, the FTC’s recent warning letters to lab-grown diamond marketers, the federal government’s pressure on the industry to improve its sourcing and chain of custody procedures, and how designers can copyright and protect their work. 


Podcast Highlights

  • 2:25 – Sara’s education background and path into jewely law
  • 3:45 – Protecting creators, similarities between jewelry and fashion/music industry
  • 6:03 – 1k gold jewelry news, metal content and plating disclosure requirements
  • 9:12 – Documentation requirements, substantiating claims
  • 9:42 – JVC’s response to 1k gold jewelry, plans to address gold karatage issues going forward
  • 11:52 – FTC’s warnings to diamond marketers, JVC’s role
  • 14:39 – Issues surrounding lab-grown diamond “eco-friendly” and “green” claims  
  • 15:19 – Advice on making ad claims, following FTC Green Guides
  • 16:00 – Confusion on “carbon-neutral” claims 
  • 17:11 – Current sourcing/supply chain regulations, importance of anti-money laundering (AML) policies
  • 19:38 – Reviewing your own supply chain, importance of education and awareness 
  • 22:00 – Penalties and risks of non-compliance
  • 23:21 – Intellectual property protection for designers and businesses
  • 26:55 – Limitations of copyright protections, challenges demonstrating “newness” in the jewelry designs
  • 27:55 – Benefits of registering a group of works for copyright rather than individual pieces

Show Notes

Related MJSA Journal Articles and Resources:

  • FTC Guides, Finalized  Federal Trade Commission releases its revised Guides for the Jewelry, Precious Metals, and Pewter Industries. By Shawna Kulpa (September 2018)
  • Karat Concerns (Members Only) – The FTC dropped the 10k gold threshold. What will this mean for consumers and the industry? By Shawna Kulpa (October 2018)
  • The Diamond Debate (Members Only) – The diamond industry reacts to the revised FTC Guides. By Deborah A. Yonick (October 2018)
  • Expanding Horizons (Members Only) – A look into how and why jewelers are selling lab-grown diamonds. By Sharon Elaine Thompson (June 2019)
  • MJSA Online Compliance Guides – compliance resources for MJSA members.
  • Complying with the USA Patriot Act – MJSA’s compliance guidebook covering Patriot Act and anti-money laundering responsibilites and procedures. 

Mentioned in this episode: