The Indian Arts and Crafts Act of
1990
The Indian Arts and Crafts Act of 1990 (P.L. 101-644)
is a truth-in-advertising law that prohibits misrepresentation
in marketing of Indian arts and crafts products within
the United States. It is illegal to offer or display
for sale, or sell any art or craft product in a manner
that falsely suggests it is Indian produced, an Indian
product, or the product of a particular Indian or Indian
Tribe or Indian arts and crafts organization, resident
within the United States. For a first time violation
of the Act, an individual can face civil or criminal
penalties up to a $250,000 fine or a 5-year prison term,
or both. If a business violates the Act, it can face
civil penalties or can be prosecuted and fined up to
$1,000,000.
Under the Act, an Indian is defined as a member of
any federally or State recognized Indian Tribe, or an
individual certified as an Indian artisan by an Indian
Tribe.
The law covers all Indian and Indian-style traditional
and contemporary arts and crafts produced after 1935.
The Act broadly applies to the marketing of arts and
crafts by any person in the United States. Some traditional
items frequently copied by non-Indians include Indian-style
jewelry, pottery, baskets, carved stone fetishes, woven
rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding
the Indian heritage and tribal affiliation of the producers,
so as not to mislead the consumer. It is illegal to
market an art or craft item using the name of a tribe
if a member, or certified Indian artisan, of that tribe
did not actually create the art or craft item.
For example, products sold using a sign claiming "Indian
Jewelry" would be a violation of the Indian Arts
and Crafts Act if the jewelry was produced by someone
other than a member, or certified Indian artisan, of
an Indian tribe. Products advertised as "Hopi Jewelry"
would be in violation of the Act if they were produced
by someone who is not a member, or certified Indian
artisan, of the Hopi tribe.
If you purchase an art or craft product represented
to you as Indian-made, and you learn that it is not,
first contact the dealer to request a refund. If the
dealer does not respond to your request, you can also
contact your local Better Business Bureau, Chamber of
Commerce, and the local District Attorney's office,
as you would with any consumer fraud complaint. Second,
contact the Indian Arts and Crafts Board with your written
complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual
fairs, juried competitions, and other events, check
the event requirements on the authenticity of products
being offered for sale. Many events list the requirements
in newspaper advertisements, promotional flyers, and
printed programs. If the event organizers make no statements
on compliance with the Act or on the authenticity of
Indian arts and crafts offered by participating vendors,
you should obtain written certification from the individual
vendors that their Indian arts or craftwork were produced
by tribal members or by certified Indian artisans.
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