Migliaccio & Rathod LLP is investigating whether Cavender’s, a national Western-wear retailer, may be misleading consumers about the Native American origins of jewelry sold under its exclusive Rockin’ C brand.
Cavender’s sells an extensive assortment of necklaces and other jewelry marketed using the term “Navajo Pearl.” Examples include the Rockin’ C Silver Navajo Pearl & Western Love Pendant Necklace, the Navajo Pearl Bead Turquoise Concho Necklace, and the Navajo Pearl & Turquoise Flower Pendant Necklace.
Traditional Navajo pearls are silver beads associated with Navajo silversmithing and jewelry-making traditions. However, similar-looking beads may also be mass-produced by manufacturers with no connection to the Navajo Nation. While some Cavender’s listings explicitly use the term “faux Navajo pearl,” others describe their products simply as Navajo pearls.
The federal Indian Arts and Crafts Act prohibits businesses from falsely suggesting that arts and crafts were made by Native American artisans or members of a particular tribe.
Migliaccio & Rathod LLP is investigating who manufactures Cavender’s Navajo Pearl jewelry and whether the company’s product descriptions could mislead consumers into believing the items were made by Navajo artisans rather than merely reflecting a traditional jewelry style.
Consumers May Have Experienced:
- Believed the jewelry was made by Navajo silversmiths or other Native American artisans;
- Associated the silver beads and turquoise designs with traditional Navajo jewelry-making;
- Been unaware that some products marketed as Navajo pearls may be imitations or mass-produced alternatives;
- Paid a premium for jewelry they believed reflected authentic Native American craftsmanship.
Potential Claims May Include:
- Violations of state consumer-protection and false-advertising laws if product descriptions create a misleading impression about the jewelry’s origins;
- Breach of express warranty if Cavender’s made specific representations about the jewelry’s authenticity or craftsmanship;
- Unjust enrichment if Cavender’s benefited from allegedly misleading product representations;
- Potential violations of the federal Indian Arts and Crafts Act if the jewelry was falsely marketed as Native American-made.
Signs You May Be Affected:
- Purchased Navajo Pearl jewelry from Cavender’s;
- Purchased Rockin’ C products such as the Silver Navajo Pearl & Western Love Pendant Necklace or Navajo Pearl Bead Turquoise Concho Necklace;
- Believed the jewelry was made by Navajo artisans based on the product name, description, or marketing;
- Relied on representations about the jewelry’s authenticity or craftsmanship when making your purchase.
If you purchased Navajo Pearl jewelry from Cavender’s, or are a Navajo silversmith or 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.