Advertisment
Information contained on the ‘About Us’ section of the website included the following:
“Sustainably Mined.
Our gold is carefully and ethically mined in the deep Irish hills of Omagh, following safe non-toxic processing technology.
We proudly hold the exclusive license with the only commercial gold mine in Ireland to create jewellery pieces. We are the only jewellery company in the world that can make this claim.
An article in the News Section of the website titled “Irish Gold Jewellery: Gold is gold, or is it?” included the following:
“House Of Lor gold is sourced ethically and is refined responsibly without the use of nasty chemicals.”
Complaint
Four complaints were received regarding the advertising. The complainants raised the following issues:
Issue 1:
Complainants considered that the claims that the gold was Irish, from a gold mine in Ireland and was Irish Gold jewellery were misleading. They said that the mine in question was in Omagh, Northern Ireland and classified as under control of the UK Crown.
Issue 2
Complainants contended that the ore which was produced at the mine was sold to a smelter1 and that that ore was not segregated by smelters (1) but mixed with other batches and therefore country of origin could not be guaranteed.
Issue 3
Complainants considered the claims that the gold was “… ethically mined”, “ … sourced ethically and refined responsibly without the use of nasty chemicals” to be misleading. They said that the processing of the ore(2) used toxic processes referring to cyanidation process and smelting. One complainant said that mining and production of the finished product could not be considered non-toxic, ethical or green. With another complainant considering that while the initial mining process perhaps could be considered ‘ethical and sustainable, but that at this point, what was produced was the ore (a dark grey
powder) and not gold.
Issue 4
The complainants considered that the advertising was misleading as no gold was produced at the site but rather an ore concentrate which required further processing, and this was not carried out on site.
(1) https://www.britannica.com/technology/smelting – process by which a metal is obtained, either as the element or as a simple compound, from its ore by heating beyond the melting point, ordinarily in the presence of oxidizing agents, such as air, or reducing agents, such as coke.
(2) https://www.britannica.com/science/ore-mining a natural aggregation of one or more minerals that can be mined, processed, and sold at a profit.
Response
Response
The advertisers responded to the complaints as follows:
Issue 1:
The advertisers referred to an email received from the mining company which they said clarified the provenance of the gold as Irish. The email stated:
“The gold that you were supplied comes from gold sourced only from the Cavanacaw Mine, near Omagh, Northern Ireland and processed separately for the company in a pilot plant, in Morocco, in two consignments. The gold was produced under a Crown Mining Lease and subject to royalties payable to the Crown Estate under that lease.
The resulting dore (a gold-silver amalgam) was refined separately into Irish gold jewellery metal, of 18ct., by Marple Laboratories of Birmingham and made into jewellery by reputable manufacturers maintaining the Irish integrity of the gold. That jewellery was later scrapped and re-refined separately in the UK by Betts Metals, a refiner (Marple Labs having closed). It was then carated by them to your account.
The processing of the Cavanacaw material in Morocco was originally reported by (company name) in public disclosure. Throughout the process the integrity of origin of the Irish gold was maintained. The refining process was not carried out on site. The mining process was, and the source of the gold supplied is Irish.”
The advertisers also provided a copy of their licence agreement with the company in which the advertisers themselves stated that the gold was Irish together with invoices of their purchase of the gold from the mining company.
Issue 2:
The advertisers said that they stood by their claim about how their gold was mined at the Cavanacaw mine in Omagh. They noted the complainants’ assertion that all materials from the mine were shipped to Canada for refining and stated that whilst that was the case with the vast majority of the mines’ production, it was not the case with the gold containing ore which produced the gold used in the making of their jewellery. They said that their gold was refined at a separate refining facility in order to preserve its Irish providence. They provided a copy of an email they received from the mining company explaining how the process was conducted which stated:
“The gold that you were supplied comes from gold sourced only from the Cavanacaw Mine, near Omagh, Northern Ireland and processed separately for the company in a pilot plant, in Morocco, in two consignments. The gold was produced under a Crown Mining Lease and subject to royalties payable to the Crown Estate under that lease.
The resulting dore (a gold-silver amalgam) was refined separately into Irish gold jewellery metal, of 18ct., by Marple Laboratories of Birmingham and made into jewellery by reputable manufacturers maintaining the Irish integrity of the gold. That jewellery was later scrapped and re-refined separately in the UK by Betts Metals, a refiner (Marple Labs having closed). It was then carated by them to your account.
The processing of the Cavanacaw material in Morocco was originally reported by (company name) in public disclosure. Throughout the process the integrity of origin of the Irish gold was maintained. The refining process was not carried out on site. The mining process was, and the source of the gold supplied is Irish.”
Issue 3:
By way of substantiation for the claim that their gold was ethically and sustainably mined, the advertisers stated that the accepted definition for “Ethically” was “in a way that is morally right or that relates to moral principles” and that their claim referred to the good corporate ethic of the mining company where the gold was sourced and how it was mined and processed. They said that their gold was untainted, unsullied, was traceable to its single source, and had not been mixed with “world gold” a term to describe gold of various, many and unknown origins. They said that unlike “world gold” (which was also the most common source of gold for making jewellery) their gold does not contain gold from any unrepeatable or unethical sources such as;
• Spoils of war
• Holocaust of the 2nd World War
• Robbery & Bullion theft
• Amazonian subsistence gold prospecting
They said that the accepted definition for “Sustainably” was “in a way that can be maintained at a certain rate or level” and that their claim referred to the fact that mining would continue at Cavanacaw for years to come, however, they recognised that the claim could be construed as linked to the environment.
For substantiation, the advertisers referred to a third-party source in the mining industry with details of the corporate ethic and their environmental impact which they said described in some detail how the mining company addressed the environmental challenges, described the processes and lengths the mine goes to in order to ensure the environmental sustainability and non-contamination of the source which included:
• The importance of environmental protection as one of their operating criteria, including continual control in order to comply with regulations.
• Use of environmental best practice.
• Regular samples taken and analysed to ensure efficacy of their environmental operating criteria and results back up by regular independent laboratory checks.
• Completion of an Environmental Impact Assessment.
They also referred to the third-party information on their responsibility as evidence for their claim:
“• Ore was processed without the use of Mercury or Cyanide.
• The concentrate was produced by a non-toxic method called froth flotation.
• Commitment to removing or reducing environmental impact as completely as possible.
• The Company has been informed that its gold production has one of the lowest carbon footprints of gold mining producers.
Issue 4:
The advertisers said that their gold was refined at a separate refining facility in order to preserve its Irish providence. They provided a copy of an email they received from the mining company explaining how the process was conducted which stated:
“The gold that you were supplied comes from gold sourced only from the Cavanacaw Mine, near Omagh, Northern Ireland and processed separately for the company in a pilot plant, in Morocco, in two consignments. The gold was produced under a Crown Mining Lease and subject to royalties payable to the Crown Estate under that lease.
The resulting dore (a gold-silver amalgam) was refined separately into Irish gold jewellery metal, of 18ct., by Marple Laboratories of Birmingham and made into jewellery by reputable manufacturers maintaining the Irish integrity of the gold. That jewellery was later scrapped and re-refined separately in the UK by Betts Metals, a refiner (Marple Labs having closed). It was then carated by them to your account.
The processing of the Cavanacaw material in Morocco was originally reported by (company name) in public disclosure. Throughout the process the integrity of origin of the Irish gold was maintained. The refining process was not carried out on site. The mining process was, and the source of the gold supplied is Irish.”
Further Information:
Further Information:
The Executive sourced a definition of ‘Sustainably’ from the following sources:
1. Cambridge English Dictionary online –
“adverb
In a way that can continue over a period of time”
“In a way that causes little or no damage to the environment and therefore able to continue for a long time.”
2. Dictionary.com:
“adverb
In a way that allows for continual use of a natural resource without depleting it or causing environmental damage.”
“In a way that can be sustained in the long term.”
3. The Free Dictionary
“adv
(Environmental science) ecology from an environmentally sustainable point of view”
The ASAI Executive engaged with the Department of Environment, Climate and Communications for information on determining the country of origin of minerals. The Geoscience Regulation Office in the Department of Environment, Climate and Communications, indicated that the country of origin of minerals related to the country where the ore was mined.
Conclusion
Recommended
The Complaints Committee considered the detail of the complaints and the advertisers’ response.
Issue 1: Complaint Not Upheld
The Complaints Committee noted that the mine was located in Omagh, Northern Ireland and that the gold “was produced under a Crown Mining Lease and subject to royalties
payable to the Crown Estate under that lease.” Notwithstanding the fact that the gold was subject to royalties payable to the Crown Estate, the Committee understood that there were many products that were produced in Northern Ireland that were marketed as ‘Irish’, including products in the agricultural sector and consumers were not misled in those instances. In the circumstances, as the gold was mined on the Island of Ireland, the Committee did not consider that the claim the gold was Irish was in breach of the Code.
Issue 2: Complaint Not Upheld
The Complaints Committee noted the commentary that the ore was processed separately and therefore its origin could be traced back to the relevant mine. They also noted that the country of origin of minerals related to the country where the ore was mined. They did not therefore consider that the advertising was in breach of the code on the basis suggested in this aspect of the complaint.
Issue 3: Complaint Upheld in Part
The Committee noted the information, commentary and definitions about ‘ethically’ and ‘sustainably’. They considered that the ‘sustainably’ claim made in the advertising, concerning a mined product, would likely be understood by consumers as being directly linked to the environment and potential impact on the environment.
In regard to the claim regarding ‘ethically’ the Committee noted the advertisers use of the term was in regard to the fact that their gold was from a single source and had not been mixed with ‘world gold’ which could encompass gold sourced from unethical sources.
The Committee also noted that the sustainability aspect of the advertising claim was stated to have referred to the fact that mining would continue at the location concerned for years to come. The Committee considered that consumers were likely to have understood the sustainability claim to have encompassed both the sustainability and associated environmental impact of the mined product, which was not replaceable, rather than being concerned with continuity of the mining process itself.
On account of the foregoing, the Committee, having noted the requirements of the Code regarding environmental claims, did not consider that the claim ‘sustainably’ had been sufficiently substantiated. In the absence of such evidence, the Committee considered that the advertising claim ‘sustainably’ was in breach of Section 4.1, 4.4 and 15.2
Issue 4: Complaint Not Upheld
The Committee noted the concerns raised, however, while noting that only part of the full process to produce the finished product was carried out at the mine, they did not consider that the claims such as “our gold” and “Mined in ….” were likely to materially mislead and did not consider that the advertising was in breach of the Code on the basis suggested in this aspect of the complaint.
Action Required:
The advertising should not reappear in any format unless independently verifiable
evidence is provided for the environmental claims.
