Poison Pills

The image at right is from a recent flyer campaign launched by the Nutritional Health Alliance (NHA) depicting Senator Durbin wearing a turban with the words, “Keep Congressional Terrorism at Bay.” What is this all about? Believe it or not, this flyer was put out by a lobbying group for the makers of dietary supplements, i.e.vitamin pills, who are upset over recent legislation proposed by Durbin to make manufacturers of supplements report serious side effects of their products.

Hate mongering is the last refuge of scoundrels

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p>The Sikh American Legal Defense and Education Fund (SALDEF) and over 100 other groups have come together to protest this odious flier. In their response, SALDEF states:

We are outraged that the Nutritional Health Alliance (NHA) would be engaged in the production of such a racist flyer that serves to perpetuate an increased environment of prejudice and hate against the Sikh, Muslim and Arab American communities…The depiction of the turban as a terrorist symbol, or individuals who wear turbans as terrorists, as your flyer explicitly shows, is baseless and reprehensible…The flyer serves as nothing more than hatemongering [Link (pdf)]

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p>SALDEF and its allies call for:

NHA to remove the flyer from any further distribution immediately. We further ask that a public apology be made and posted on the NHA’s website. Legitimate public debate must not be tainted with images that continue to create a dangerous environment of xenophobia and hate against innocent Sikh, Muslim, Arab and South Asian Americans. [Link]

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p>The NHA has a little shame, but not much. They’ve replaced the flyer with one that talks directly about their opposition to the legislation, but they defend their right to use xenophobic lies to make their point: If I sound to you like a hate-monger, then I can’t help it

Even Jerry Kessler, director of the Nutritional Health Alliance, chief executive officer of N.Y.-based Natural Organics and designer of the circular, said it was a purely political response to regulations proposed by Durbin. He also agreed the flier was “not fair” and “in bad taste.”

“Desperate times require desperate actions,” Kessler said. “I’m certainly going to do what’s necessary to call attention to our cause. If I sound to you like a hate-monger, then I can’t help it.”

More than a million copies of the flier were sent to vitamin and supplement buyers, and Kessler said he’s responded personally to phone calls and letters from people he has offended. [Link]

Jerry Kessler, hate monger

It doesn’t look like he’s going to apologize any time soon. You can contact Kessler in the following ways:

Via email, via his company’s Contact Us web page, or via snail-mail:

NHA

PO BOX 649

Melville, NY 11747 – 9806

Personally, I’m also going to boycott vitamins with the “Nature’s Plus Brand.” While I normally would not boycott a company or complain to its officers about the political actions of its CEO, this case is different because these actions were taken in large part in pursuit of the company’s overall financial interests. I’m protesting how he lobbied for his vitamins in letters to his customers, not his personal political beliefs, and as such I think the company is the appropriate locus of action. There is just no excuse for such behavior.

125 thoughts on “Poison Pills

  1. Just imagine what would have happened if this were to happen in one of the homelands of most posters here.

    Same old bigoted line of thinking. Most posters here are Americans.

    Hypothetically, if he did utter those words, unless the words were by themselves the only trigger which caused the listener to immediately commit violence, speech cannot be restricted under the First Amendment.

    As people who know more about this have spoken, I will let go of my hope of seeing this thing in court. But will try all other avenues of protesting.

  2. It is really sad that the picture of the turban appears to have been photo shopped from a picture of a Sikh – it is the common patiala style that must have been filched off the internet. What an insult and how crude and vulgar.

  3. It also occured to me that for all we know these people may have done their research and found that such an ad will be received well (or neutrally) by many before they went ahead with it.

    Actually, this organization seems to have not thought this through at all – it’s not clear to me that they have a research staff, this seems to have been Kessler’s own initiative.

    I brought up ACLU only because it has a record of filing lawsuits against purpoted offensive speech, for eg, Christmas Decorations on public property by practicing Christians.

    They never call such speech offensive, they simply call it unconstitutional. The same first amendment that allows freedom of speech also dictates that the government not endorse any religion.

  4. Some people like turben-head/towel-head jokes, paki jokes, polish jokes, jew… some may think this flyer is not really that bad, they may find it funny.

    Good luck finding someone who fits that description here on SM. Since you’re so curious about Mr. D’Souza’s views, why not contact him to join the discussion? Work those contacts Tom.

    The rest of your post is just asinine… we’re done here.

  5. “I brought up ACLU only because it has a record of filing lawsuits against purpoted offensive speech, for eg, Christmas Decorations on public property by practicing Christians.’

    MooNam,

    That was on the grounds of “separation of state and religion” in the city hall. Not offensive anything and the case was thrown out.

    ACLU takes first amendment and other aspects of constitution quite seriously.

  6. Good call razib. Just one amendment.

    4) perhaps some of the commenters on this weblog should contact the owners and request that they add an FAQ entry that if you don’t espouse a particular political plank expect to be called out and insulted flogged.
  7. Y’all, the best way to deal with a troll is to ignore them. They’re only here to get you to react, and that’s a distraction from the main point of offense. Furthermore, this trollery lacks drollery; it’s pretty obtuse and not clever at all.

    Capish?

  8. perhaps we need to have the bill of rights read to everyone at least once a year?

    I support that.

    4) perhaps some of the commenters on this weblog should contact the owners and request that they add an FAQ entry that if you don’t espouse a particular political plank expect to be called out and insulted.

    Not by name though πŸ™‚

  9. Good luck finding someone who fits that description here on SM. Since you’re so curious about Mr. D’Souza’s views, why not contact him to join the discussion? Work those contacts Tom.

    Timepass, chill out. There is a sizable market for Sardar jokes in India. Khuswant Singh ( a Sardar himself) has published quite a few jokes on Sardars. There are people who think this is funny. I have seen this crap happen first-hand, in middle school, by a teacher. So, there might be someone fitting “that description” lurking around.

    The rest of your post is just asinine… we’re done here.

    For that I would humbly submit to you that you are an ignorant d&*$.

  10. I brought up ACLU only because it has a record of filing lawsuits against purpoted offensive speech, for eg, Christmas Decorations on public property by practicing Christians.

    Conduct on public property can entangle the government and thus potentially violate the First Amendment prohibition on ‘Establishment of religion’. First Amendment covers state action.

    Jerry Kressler is a private actor and there is no state action here.

  11. There is a sizable market for Sardar jokes in India. Khuswant Singh ( a Sardar himself) has published quite a few jokes on Sardars. There are people who think this is funny. I have seen this crap happen first-hand, in middle school, by a teacher. So, there might be someone fitting “that description” lurking around.

    Tom:

    Isn’t it clear that after 60 plus posts to this…that maybe you won’t find someone fitting that description by now?

  12. flogged!

    now drink some coffee, chai or whatever else it takes for you to FOCUS on the issue here– addressing bullshit like this is EXACTLY why the mutiny was born. no more supplements from these asshats, divine legacies be damned!

  13. I have been reading comments carefully.

    I think a lot of people have been misconstruing ACLU with something like Anti-Defamation League (ADL). ADL’s focus is on Jewish causes but they do have friendly relationships with similar organizations for other ethnicities/ religions. ADL = combats, and keeps track of racism and defamation.

    I am not sure if there is a similar “high profile” organization for Asians. I know they are some PACs that somewhat look after this stuff.

  14. For Sikhs, there are a few organizations that fill that role, SALDEF (which is the organization that responded to this issue) is the oldest of the lot. It is a Sikh version of the ADL / NAACP that focusses solely on civil rights issues in the USA. It has extensive ties with other similar groups, and was around before 9/11.

  15. no more supplements from these asshats

    Ah, my fave swear-word. Very well deserved by the recipients in this case.

  16. you guyz might think about having these posts as permlinks with explanations like you do with natural disaster victims. i know that this isn’t as big of a deal as a natural disaster, but, you would probably have a disproportinate effect on the conversation cuz of the size and focus of the site. it would at least keep it high in the google rankings.

  17. Ah, my fave swear-word. Very well deserved by the recipients in this case.

    Then, ANNA and I are great minds (in the gutter, where else?) thinking alike on these people who very much deserve the moniker.

    My new preferred one is f***tard. I love using it on Houston and I-10 drivers.

    Desprate times means desprate measure, lets support Durbin!

    In this case, I don’t think boycotting Kessler and his company ought to mean supporting Durbin. Granted there’s nothing ostensibly wrong with his proposed legislation, but in keeping with the crux of the matter, the boycott (and a damned vociferous one) is of prime importance here.

  18. My new preferred one is f***tard. I love using it on Houston and I-10 drivers.

    Ahem, another one of my fave’s. I just used it in my first comment on this thread although in a slightly different form (f’tard) :-).

    OK, now with the scheduled program. Yes, I agree that boycott is of prime importance. I don’t think BJ will be interested in taking this up on behalf of desis, but no harm in trying. AALDF, after looking at their website, sounds like they are more concerned with the A-PAC Asians, not browns (but I may be wrong: don’t know enough about them).

  19. Gujjubhai,

    From http://www.aaldef.org/about.html

    AALDEF also has been in the forefront of the struggle to combat anti-Asian violence and police brutality. In the early 1990’s, AALDEF conducted legal advocacy, which led to the passage of model state legislation that increased penalties for bias crimes in New Jersey. AALDEF has provided legal assistance and representation to hundreds of Asian Americans who were the victims of hate crimes and police brutality, and secured more than $1 million as a result of federal civil rights lawsuits filed on behalf of the victims. For example, we represented the family of Yong Xin Huang, the Chinese American teenager fatally shot in the back of the head by a NYPD officer, in their federal civil rights action against the New York Police Department in 1995. After 9-11, we actively documented and provided legal assistance for victims of violence directed against South Asians, Filipino Americans, and others who looked “Middle Eastern.”

    Gujjubhai, you are an American. You know the power of clout here for that matter any where else in the world.

  20. Good luck finding someone who fits that description here on SM.

    You see, the thing about a joke is, that it’s a joke. Now some don’t subscribe to that type of humor and it’s ok. I have a tolerant streak for off the mark jokes, but you have to keep it in context.

    This flyer isn’t a joke, nor are the NHA rep’s comments. And that’s why they are so damaging, it doesn’t make anyone laugh. The flyer is designed to attack, rile people up, and rally support in their community (in this case, supplement pill makers).

    So, you’ll find people who visit SM that don’t mind Russell Peters type jokes (this website attracts a diverse crowd), just not statements and commentary that takes those jokes as gospel.

  21. Kush,

    Thanks for the info about AALDEF. BTW, for the records, I am not an American – not that there’s anything wrong with it :-). Agree with your point about clout – however, I am just wondering how much leverage we have to get the AALDEF to take this up. They’re pretty high-profile, so if they do take it up, that’ll be awesome.

  22. Good luck finding someone who fits that description here on SM.
    You see, the thing about a joke is, that it’s a joke. Now some don’t subscribe to that type of humor and it’s ok. I have a tolerant streak for off the mark jokes, but you have to keep it in context.

    That does not prepare you counter a “lighten up” defense from Kessler. That is my point.

  23. Tom, I’m going to say this just once. Kessler never uses the lighten up defense. He agrees (as I quoted in the post) that what he said was “not fair” and “in bad taste.”

    His defense is that it’s OK to use strong images to rile people up and stir them for his cause. He never says that this is a joke and that people ought to see the humor. Furthermore, it’s clearly not meant as a joke, it’s meant as a direct political indictment. He’s not kidding around, he’s saying — very directly — that terrorists wear turbans.

    If you read the post, especially Kessler’s own words, it’s pretty clear.

    This is why I’m finding your persistence so puzzling. It’s completely off topic. If we were discussing Apu it might have some relevance, but not here. Not at all.

  24. In this case, I don’t think boycotting Kessler and his company ought to mean supporting Durbin. Granted there’s nothing ostensibly wrong with his proposed legislation, but in keeping with the crux of the matter, the boycott (and a damned vociferous one) is of prime importance here.

    I strongly disagree. The issue here is that ANY organization that wants cheap publicity can do this kind of nonsense and later retract their statements, “saying i was desperate and i agree it is in bad taste”. If you want to hit them back, Financialy is the best way. The message is behave or suffer the results.

  25. In this case, I don’t think boycotting Kessler and his company ought to mean supporting Durbin. Granted there’s nothing ostensibly wrong with his proposed legislation, but in keeping with the crux of the matter, the boycott (and a damned vociferous one) is of prime importance here.
    I strongly disagree. The issue here is that ANY organization that wants cheap publicity can do this kind of nonsense and later retract their statements, “saying i was desperate and i agree it is in bad taste”. If you want to hit them back, Financialy is the best way. The message is behave or suffer the results.

    So, if Durbin’s legislation were legitimately bad, would you support him just because he was wrongfully pulled into an unfortunate, tasteless and hurtful use of a racial stereotype? I don’t see the logic here, GGK. The point here is not to blindly espouse Durbin’s cause simply because he was slimed by being called a terrorist, but to pull the attention to the fact that people who wear turbans and are not terrorists were slimed by being pulled into a problem between the NHA and Durbin. In fact, even Durbin should be apologizing for the slight to peaceful turban-wearers everywhere.

    Who cares about Durbin or his cause? Forget him. Turban Does Not Equal Terrorist is the important subtext here.

  26. So, if Durbin’s legislation were legitimately bad, would you support him just because he was wrongfully pulled into an unfortunate, tasteless and hurtful use of a racial stereotype? I don’t see the logic here, GGK. The point here is not to blindly espouse Durbin’s cause simply because he was slimed by being called a terrorist, but to pull the attention to the fact that people who wear turbans and are not terrorists were slimed by being pulled into a problem between the NHA and Durbin. In fact, even Durbin should be apologizing for the slight to peaceful turban-wearers everywhere.

    Durbins legislation is not legitamately bad, but kesslers fliers were. That is why it makes good sense. PS i dont like goverment regulations in industry nor do i like suppliment industry. There is more scam going on in suppliment industry than big pharma. sure guarna for energy well thats cafeine There are more fly by night operations selling every thing from food alkanity, to pyuravate etc in that industry. I’ve said hurting them financialy will teach a lesson more than giving them publicity. This is what kessler wanted, he wanted a controversy(weather from Durbin complaining i am not a terrorist or Sikhs complaining turban is not terrorism) He wants to be brought in as a guest on some cable talk show, then he also gets his air time for his rant. So why give kesslers company any extra business or publicity Hurt him financialy cause that is what this thing was about.

  27. Natural Organics of Melville, New York, and its owner, Gerald A. Kessler, have been charged by the Federal Trade Commission in an administrative complaint with making unsubstantiated claims that its dietary supplement tablets, “Pedi-Active A.D.D.,” treat or mitigate Attention Deficit Hyperactivity Disorder (ADHD). [Link]
  28. Federal Trade Commision ftc has also gone after Kessler. They reached a settlement othe the same pediactive ADD claim. [link] one of the unusual provision in the settlement was

    IT IS FURTHER ORDERED that respondent Gerald A. Kessler, for a period of ten (10) years after the date of issuance of this order, shall notify the Commission of the discontinuance of his current business or employment, or of his affiliation with any new business or employment. The notice shall include respondent’s new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580.

    Why did the ftc put this clause in the settlement? Do they suspect something in Kesslers past that requires them to keep an eye on him.

  29. sorry manish, i misread ftc on your link as fda. I have all the dd symptoms and standing on a desk with 4 pcs running is a contributing factor….

  30. Is this the same gerald kessler? This is a google cache for story the orginal is not there any more [link]

    Suffolk says nonprofit Friends misspent $78,000 Suffolk audit claims nonprofit LI historic group misspent public money, much of it on perks for its president

    The group’s president’s Gerald Kessler, did not want to comment on the audit findings, but Friends has previously denied it owed the county $1 million and cited the threat of the county going after that amount as the reason to dissolve.

    Well is it the same kessler. any regional long island expert in the thread?

  31. Jay Singh,

    It is really sad that the picture of the turban appears to have been photo shopped from a picture of a Sikh – it is the common patiala style that must have been filched off the internet. What an insult and how crude and vulgar.

    I may be wrong, but isn’t this photo actually of the “Sikh” guy that the BNP were using to support their anti-Muslim publicity campaign last year ?

  32. It’s a poor tact to portray Durbin in a Turban, but I think many are overreacting. To me, it looks like a political cartoon. Of course, they’re ignorant in their turban choice, but American culture is largely ignorant of the myriad differences among religions other than Christianity. Look at the Apu character in the Simpsons. Are we offended by that as well? Will we boycott Fox because of its promulgation of silly Indian stereotypes?

    To me, this is a matter of free speech. This Kessler fellow is allowed to say what he wants. Durbin’s no saint. Kessler’s mission is true — if Durbin wins, we might end up paying 25 dollars for a weak-ass bottle of “prescription” vitamin C. His own financial gain is part of it — but maybe Durbin is out for financial gain too! the Pharmaceutical Industry would pay HUGE sums of money to destroy the vitamin industry. The pharmaceutical industry profits off sickness; the supplement industry profits by keeping people healthy.

    if Kessler is fighting for our FREEDOM to take supplements, i’m not agreeing with his methods, but i will support that mission.

    please, no arguments about ‘side effects’ of supplements. Give me a break. if you drink too much WATER you’ll die. So should the gov’t step in and start monitoring our water intake? Nonsense. Anybody with a brain scrutinizes the REAL dangerous side effects — in pharmaceutical drugs.

    Freedom of speech, freedom over what we can put in our bodies . . . i love the U.S.A.

    Respectfully,

    ~ A

    Γ‚β€œThey cannot take away our self-respect if we do not give it to them.” – Gandhi

  33. Look at the Apu character in the Simpsons. Are we offended by that as well?

    I detest the early Apu.

    Of course, they’re ignorant in their turban choice, but American culture is largely ignorant of the myriad differences among religions other than Christianity.

    This ignorance has a body count.

    To me, this is a matter of free speech.

    Yes, and we have the right to speak back.

  34. To me, this is a matter of free speech. This Kessler fellow is allowed to say what he wants.

    Yup – and the groups objecting to what he said all concede that. However, just as he has free speech, we do too. If this had been an ad which used anti-black or anti-semetic stereotypes people would protest. In this case, he’s using anti-Sikh and anti-arab racism to make his point.

    What we’re protesting isn’t about vitamins at all – it’s about his cavalier use of racist images.

    It’s a poor tact to portray Durbin in a Turban, but I think many are overreacting. To me, it looks like a political cartoon.

    Kessler is making a very simple equation here, Turban=terrorism. That’s factually incorrect, but also way out of bounds. And yes, we’re protesting. If you’d ever had your safety threatened by people who make that same incorrect equation, you’d be concerned as well.

    Look at the post – the groups are pretty clear in their objection.

    Look at the Apu character in the Simpsons. Are we offended by that as well?

    ???? Again, read the post. Kessler wasn’t poking sly fun here, he was saying that anybody in a turban is a terrorist. It’s a completely different thing. It’s like putting Durbin in blackface or in a Yarmulka to invoke racist stereotypes.

  35. if you detest the portrayal of Indians on FOX, then you boycott the network . . . right? Sorry, I can’t do it. I like American Idol too much!

    We do have the right to speak against this, or for it, and it’s beautiful that we are doing so.

    Do you have an actual body count on death-by-ignorance? I have a body count: JAMA showed that 106,000 people die each year in American hospitals from medication side effects. This is why I support supplements and our freedom to take them. America’s reliance on pharmaceuticals may be the greatest ignorance of all.

    Respectfully,

    ~ A

  36. The pharmaceutical industry profits off sickness; the supplement industry profits by keeping people healthy.

    No! Suppliment industry likes to portray itself that way, but the reality is murkier, and its not cleaner than big pharma. pediactive has already been mentioned. What about ephedra, guarna mix that was sold a few years ago, or the fool alkalinity, pyurvate, and on and on. This indusrty is more murkier than big pharma. and they are NOT funding and publishing studies. This is not to say that everything they sell is crap. Also – A lot of ‘food’ supplimets you can buy from ethnic grocers at 1/3rd the price. flax seeds(alsi in indian stores) ginseng (3 variants are sold in chinese stores).

  37. You can support supplements, but still object to his political actions. Like I said, if he had put Durbin in blackface and said “Durbin is an ignorant n**** for his legislation” this would be odious no matter how wrong the legislation.

    This is nothing like Apu or the Simpsons. It’s bigotry pure and simple.

    [As an aside, Durbin takes supplements himself, he just wants adverse reactions reported, so that problems like what happened with Ephedra get spotted earlier]

  38. Ennis, points well taken. It’s racist. There’s a lot of racism out there. Many blacks, homosexuals, Indians, etc. have been killed by prejudice. That is a terrible scar upon humanity.

    I’m just hung up on these pharmaceuticals, which are killing more people than all prejudice killings combined. Guru, you’re right on the money about “food” supplements. But damn, most Americans don’t shop that way! They should, but instead they eat crap! Supplements help compensate for the pitiful nutrition in the regular food supply.

    If you think the supplement industry is murkier than Big Pharma then you have NO IDEA what you’re talking about. Ephedra was “linked” to 155 deaths over SEVERAL years; many users were using it improperly. Big Pharma kills 100,000 people per year! Big Pharma creates sickness so it can profit off “curing,” when actually it’s just perpetuating sickness. Believe me, Big Pharma’s evil permeates all facets of American government and society — including Congress.

    Respectfully,

    ~ A