Migliaccio & Rathod LLP is investigating whether American West Jewelry may be misleading consumers about the Native American origins of certain jewelry products marketed as authentic Navajo jewelry.
American West Jewelry offers a collection associated with Fritz Casuse, an award-winning Navajo jewelry designer. On its website, the company describes Casuse as creating “authentic Navajo jewelry.” However, individual products in the collection, including the Sterling Silver Fritz Casuse Textured Naja Ring and the Sterling Silver Charoite Fritz Casuse Arrowhead Ring, are described as designed in Albuquerque, New Mexico, but imported.
There is an important legal distinction between jewelry designed by a Native American artist and jewelry made by a Native American artisan. Under the federal Indian Arts and Crafts Act, the involvement of a Native American designer does not necessarily make an item an authentic Native American-made product if the actual manufacturing is performed by non-Native workers.
Migliaccio & Rathod is investigating where and by whom American West Jewelry’s products are manufactured, and whether the company’s advertising adequately distinguishes between Native American design and Native American craftsmanship.
Consumers May Have Experienced:
- Believed the jewelry was manufactured or handcrafted by Native American artisans because of references to authentic Navajo jewelry;
- Interpreted the company’s association with Fritz Casuse as a representation that the products were made by Navajo artisans;
- Paid a premium for jewelry they believed reflected traditional Navajo craftsmanship;
- Purchased the products believing they were supporting Native American artists and businesses.
Potential Claims May Include:
- Violations of state consumer-protection and false-advertising laws if the company’s marketing misrepresents the jewelry’s manufacturing origins;
- Breach of express warranty if the company expressly represented that the products were authentic Navajo-made jewelry;
- Unjust enrichment if the company benefited from allegedly misleading representations about the jewelry’s authenticity;
- Potential violations of the federal Indian Arts and Crafts Act if products were falsely represented as Native American-made.
Signs You May Be Affected:
- Purchased jewelry from American West Jewelry’s Fritz Casuse collection;
- Purchased products such as the Sterling Silver Fritz Casuse Textured Naja Ring or Sterling Silver Charoite Fritz Casuse Arrowhead Ring;
- Believed the jewelry was manufactured by Native American artisans because of the company’s references to authentic Navajo jewelry or its association with a Navajo designer;
- Relied on representations about the jewelry’s authenticity or craftsmanship when making your purchase.
If you purchased jewelry from American West Jewelry because you believed it was made by Native American artisans, or are a Native American jewelry artist whose work competes with these products, Migliaccio & Rathod LLP would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.