(a) It is unfair or deceptive to use the word ``gem'' to describe, identify, or refer to a ruby, sapphire, emerald, topaz, or other industry product that does not possess the beauty, symmetry, rarity, and value necessary for qualification as a gem.
(b) It is unfair or deceptive to use the word ``gem'' to describe any laboratory-created industry product unless the product meets the requirements of paragraph (a) of this section and unless such word is immediately accompanied, with equal conspicuousness, by the word ``laboratory-grown,'' ``laboratory-created,'' or ``[manufacturer-name]-created,'' ``synthetic,'' or by some other word or phrase of like meaning, so as to clearly disclose that it is not a natural gem.
Note to Sec. 23.25: In general, use of the word ``gem'' with respect to laboratory-created stones should be avoided since few laboratory-created stones possess the necessary qualifications to properly be termed ``gems.'' Imitation diamonds and other imitation stones should not be described as ``gems.'' Not all diamonds or natural stones, including those classified as precious stones, possess the necessary qualifications to be properly termed ``gems.''