The
Indian Arts and Crafts Act, which was sponsored in 1990 by Senator
Kyl and now retired Senator Ben Nighthorse Campbell when both
were members of the House of Representatives, prohibits misrepresentation
in the marketing of Indian arts and crafts products within the
United States. The Indian Arts and Crafts Act is a truth-in-advertising
law that provides criminal and civil penalties for marketing products
as “Indian-made” when such products are not made by
Indians, as defined by the Act.
The
kinds of products that are copied by non-Indians vary from region
to region, but some of the copies of traditional items include
Indian-style jewelry, pottery, baskets, carved stone fetishes,
woven rugs, kachina dolls, and clothing. Misrepresentation of
products can result in civil penalties or criminal penalties of
up to a $250,000 fine or a five-year prison term, or both. If
a business violates the Indian Arts and Crafts Act, it can face
civil penalties or be prosecuted and fined up to $1 million.
Fraudulent arts and crafts compete
daily with authentic Indian arts and crafts in the nationwide
market. This consumer fraud not only hurts buyers, it also erodes
the livelihood and culture of Indian artists, craftspeople and
Tribes. 
On July 11, 2005, Senator Kyl
joined Senator John McCain, who chairs the Senate Indian Affairs
Committee, in introducing legislation to strengthen the investigative
and enforcement authorities of the underlying Act. The legislation
passed in the Senate and is awaiting final congressional action.
If you purchase an art or craft
product represented as Indian-made, and you learn that it is not
you should take the following steps: First, contact the dealer
and request a refund. If the dealer does not comply, handle this
as you would a consumer-fraud complaint by contacting your local
Better Business Bureau, Chamber of Commerce, and the local District
Attorney’s office. Second, file a complaint with the Indian
Arts and Crafts Board, a separate agency within the U.S. Department
of the Interior created to implement and enforce the Act. A letter
of complaint should include the following information: who sold
the item (include the name, address, and telephone number of the
seller); a description of the art or craftwork; how the item was
offered for sale (include as much detail as possible); and what
representations were made about the item (include claims that
it was made by a member of a specific tribe, or statements about
its authenticity). Please include copies of any other documentation,
such as advertisements, catalogues, business cards, photos, or
brochures. Do not send the arts and crafts products themselves.
To avoid purchasing misrepresented Indian arts and
crafts, consumers should buy from a reputable dealer, and ask
the dealer for written verification that the item is an authentic
Indian art or craftwork. Legitimate dealers are aware that, in
light of the Indian Arts and Crafts Act, they should have such
documentation available.
You can contact the board at:
Indian Arts and Crafts Board
U.S. Department of the Interior
1849 C Street, NW, MS-2058-MIB
Washington, D.C. 20240
E-mail: iacb@ios.doi.gov
Telephone: (202) 208-3773
Toll Free: (888) ART-FAKE
Fax: (202) 208-5196
To avoid purchasing misrepresented Indian arts
and crafts, consumers should buy from a reputable dealer, and
ask the dealer for written verification that the item is an authentic
Indian art or craftwork. Legitimate dealers are aware that, in
light of the Indian Arts and Crafts Act, they should have such
documentation available.
