XN000022-1987-07-25 — Page 2

SATURDAY, JULY 25, 1987

1

FIRST SUCCESSFUL PROSECUTION FOR FALSE TRADE ADVERTISING

AUGUST, INCREDIBLY

SINCE LAST

AT AN

MANY POTENTIAL BUYERS OF JEWELLERY ITEMS,

BROCHURES, BEEN OFFERED, THROUGH ADVERTISING LOW COST, WHAT WERE DESCRIBED AS "RUSSIAN DIAMONDS".

HAD

THE ADVERTISEMENT NIGHT UNTIL THEIR ATTENTION WAS FIRST IN LOCAL CUSTOMS HISTORY

―

ΤΟ THOSE WHO DID RESPOND FAVOURABLY THINK THAT THEY HAD A VERY GOOD BARGAIN CAUGHT BY A RECENT COURT CASE, THE RELATING TO FALSE TRADE DESCRIPTIONS USED IN ADVERTISING.

A

MAIL ORDER

HOUSE

PUBLICISED CUBIC ZIRCONIA AS

DEALING "RUSSIAN

IN

JEWELLERY

FOR DIAMONDS"

ITEMS,

WHICH SALE, PLEADED

GUILTY AT WESTERN MAGISTRACY ON JULY 11, AND WAS FINED $5,000.

OF OFFENCE

FALSE THE MAXIMUM PENALTY PROVIDED FOR THE

TRADE OF IMPRISONMENT ON DESCRIPTIONS IS A FINE OF $100,000 AND TWO YEARS

IMPRISONMENT FOR FIVE SUMMARY CONVICTION, OR A FINE OF $500,000 AND

ARE LIABLE YEARS ON INDICTMENT, ALL GOODS SEIZED UNDER THE ORDINANCE TO FORFEITURE.

HEAD OF THE

FIRST

TRADING STANDARDS INVESTIGATION BUREAU OF THE TODAY (SATURDAY) SAID CUSTOMS AND EXCISE DEPARTMENT, MR JOHN HOWARD

THE CASE THAT DESPITE THE NUMBER OF SIMILAR CASES BEING INVESTIGATED,

HAD WHICH

LED TO WAS SIGNIFICANT, AS IT WAS THE

SUCCESSFUL

PROSECUTION.

FROM

1981 ΤΟ

JUNE THIS YEAR,

INCLUDING THIS DEPARTMENT HAD RECEIVED AND ACTED ON 19 COMPLAINTS MISLEADING ADVERTISEMENTS. WITH REGARD TO OTHER CASES AMOUNT TO AN OFFENCE AGAINST THE LEGISLATION WARNED AND THEY SUBSEQUENTLY AMENDED THE COMPLAINTS.

CASE,

THE

REGARDING WHICH DID NOT WERE THE OFFENDERS

WHICH WORDING

HAD 1.ED TO

LEAD TO PROSECUTION

ON

"THESE COMPLAINTS VERY OFTEN DID NOT THE GROUNDS OF INSUFFICIENT EVIDENCE, MR HOWARD SAID.

HE COMMENTED

THAT

TECHNICAL

-

DIFFICULTIES

BRINGING DEFENDENTS OF THIS NATURE TO COURTS.

WERE

INVOLVED

IN

SAID IT WAS THE DIAMOND IMPORTERS

QUOTING THE RECENT CASE AS AN EXAMPLE, MR HOWARD BROUGHT TO THE ATTENTION OF THE DEPARTMENT BY ASSOCIATION (DIA) LAST OCTOBER.

BEFORE THAT THE DIA HAD WRITTEN TO THE

COMPANY TWICE, ASKING WHICH MISLEADINGLY

IT TO STOP DISTRIBUTING ADVERTISING BROCHURES REFERRED CUBIC ZIRCONIA AS "RUSSIAN DIAMONDS". THE COMPANY REFUSED DO SO, SAYING THAT THE TERM WAS WIDELY ACCEPTED BY THE TRADE.

TO

/CUSTOMS OFFICERS