The Weight Of Evidence — Part II

 

It has been about two weeks since I posted our article “The Weight Of Evidence” (September 22, 2016) about the long-term, widespread misrepresentation of the word “organic” on personal care products that are not certified organic. I feel compelled to share that, for the first time in 25 years of business, in just a short span of time in which we publicly posted an article describing the evidence of multi-billion dollar personal care misrepresentation that we collected over many years along with a photo of the evidence, and during the same time period that I make public inquiries and complaints pertaining to this issue and about the industry's lack of sincere support for USDA organic certification for personal care products, and within an hour of making an important inquiry regarding a pending investigation we received an anonymous and serious threat to our business. Wow.

 
Well, I guess this is how it works in the USA today. Our small mom and pop business has suffered mistreatment, blacklisting and disparagement because we have spoken out about fake organic personal care products and have worked hard to educate the public about this giant problem. The widespread, long-term manipulation of the word organic by unethical fake organic cheater companies that exploit consumers for undeserved financial gains, combined with their anti-competitive and abusive tactics has resulted in our company suffering significant financial loss. How can I possibly remain silent about such illegal, exploitative and predatory actions?   

Over the years, I have spoken with other personal care company owners, and one owner told me he was harassed and threatened because he got involved in the fake organic personal care battle and spoke out in opposition to the misrepresentation. A number of years back, I contacted a number of smaller personal care competitors when I was seeking to build an alliance of ethical personal care companies who weren't “organic” cheaters, and some of the company owners told me that they were afraid to join with us and speak out about the fake organic personal care issue because they were worried that they might be bullied, disparaged and blacklisted from stores...like us. How unnerving and discouraging! This all seems so surreal, too much like a formulaic mafia movie, but unfortunately the threat we received was all too real.

This is not a new issue and it's not as if I have been quiet about this huge multi-billion dollar phony organic labeling scheme over the past 20 years. Anyone is free to view the articles posted on our web site and to check the world wide web to confirm how long Terressentials has been fighting this battle. And it is a battle. Our small family-owned and certified organic operation has been losing a great deal of business to personal care product companies, from small start-ups to multinationals, that claim that their non-USDA “certified” and too-often-synthetic-riddled products are “organic,” even “certified organic” and, yes, at times even insinuate “USDA certified organic.” (Not to mention claiming “natural” when the products are not.) This deceptive practice is an outrage and an insult to trusting, organic-minded people and real certified organic businesses, and makes a mockery of our federal law—the USDA National Organic Program.

Since we started our business, we have made a significant investment to research and secure the highest quality certified organic agricultural botanical ingredients and to lovingly and carefully handcraft exquisite, simple and effective genuine certified organic personal care products. For years, we have voluntarily taken on the burden of USDA organic certification that requires a very large amount of money and giant blocks of time to maintain the vast wealth of documentation and the intrusive verification to meet the stringent criteria that is specified under the NOP regulations in order to be able to label our products, authentically, certified organic—to prove to you that we are “the real deal.” For those of you who have just recently discovered us, I'd like to point out that our small business is completely committed to producing high quality personal care products that are as organic as humanly possible and that meet the USDA National Organic Program (NOP) regulations. This has been our mission since we started our company in 1991 and since Congress passed the Organic Foods Production Act in 1990.

Now, so many years later in 2016, we find it enormously frustrating that, despite the US NOP federal law that legally defines the word organic and our highly visible, years-long campaigning about this massive deception, our small family-owned company is losing hundreds of thousands of dollars in business every year to increasing numbers—hundreds, if not thousands—of companies that are, quite simply, lying about the “organic” quality of their personal care products. And no one does anything about the cheating! This despicable, widespread practice violates the federal NOP definition of the word organic, cheats you and millions of consumers, and is grossly unfair competition for our legitimately certified organic company.

How can this be, you might ask. Well, we have been asking the same question of everyone that we can think of for many years, even before the final passing of our federal National Organic Program law in 2002. We have repeatedly asked that government agencies, our elected political representatives, lawyers, non-profit eco-minded groups, trade associations, organic manufacturers, writers, medical professionals and many consumers take action against this misuse of the word organic and support only NOP organic certification for personal care products. It is disappointing to report that, unfortunately, all of our actions over so many years—political lobbying; written and face-to-face complaints; public testimony at government hearings and press conferences; media interviews—magazines, radio, newspapers, and television; activist and educational efforts; petitions; brochures; and writing too many articles and letters—have not achieved our desired result: cessation of the organic labeling fraud.

Maybe you wonder why I continue to fight this seemingly impossible battle? I am a cancer and chemo survivor (28 years), a devoted organophile who has spent nearly every day of my life these past 28 years researching ethnobotany, toxic chemicals, industrial manufacturing and environmental issues; growing organic herbs, fruits and flowers; creating and using real organic body care products; and teaching others about real organic everything all along the way. This is what I do to remain cancer-free...and sane. Some days, fighting this fake organic battle steals a little too much energy, but then I receive an encouraging letter sharing a personal health victory and/or a love for our products and company from a passionate customer, or I am contacted by a writer and a good, inspiring story results, or something else happens that refuels me to keep fighting the fight...

Just this past August, I had a little fuel infusion when we learned that the USDA NOP and the Federal Trade Commission (FTC) intend to hold a Roundtable discussion on October 20 supposedly to examine the consumer's perception of personal care products that are labeled as organic but are not certified organic. Of course, I contacted the FTC to request a seat at the Roundtable and let them know that I have collected vast evidence over 25 years that documents how products are being cleverly marketed to consumers using deceptive methods to mislead them into believing conventional, and even completely synthetic, chemical personal care products are natural and organic.

Imagine my surprise to learn that neither the FTC (nor the NOP) appears to have an interest in sharing my evidence with you. In addition, despite the FTC's original announcement that they were interested in having industry stakeholders seated at the Roundtable, it appears that my well-supported application for a seat at the Roundtable as a certified organic small business—a true industry stakeholder being financially harmed by this rampant fake organic labeling problem—was not well-received and has been ignored. In fact, as of this writing, there are no legitimate certified organic industry stakeholders or any other sincere supporters of USDA certification of personal care companies represented on the Roundtable panel. However, most curiously, the panel does include the OTA and even more strange, the EWG—both groups that have not sincerely supported NOP organic certification for personal care products and that have ties to companies that have profited handsomely from the sale of phony organic personal care products.

So, after my initial glimmer of hope that we might see some government action finally being taken to stop this massive fake organic deception perpetrated against millions of Americans, it appears that the Roundtable might just be a sham circus—more government inaction.

We don't need more inaction, we need government enforcement and intervention now! One simply has to walk down the personal care aisles of just about any store—or look at any one of thousands of websites—and randomly pick up any “natural” or “organic” personal care product and you will see many synthetic chemical ingredients. Unfortunately for you (and us), all of the personal care manufacturers are well-aware that there is no legal definition of the word "natural" and that no government agency is policing the misuse of the word organic on personal care products. So, armed with this valuable knowledge, predatory manufacturers and greedy, unethical retailers peddle their chemical personal care products using the words “natural” and “organic” because they have found that there are no repercussions for them—instead, if they cheat you, they realize huge monetary rewards. Do you see something wrong with this picture?

For a long time, our company slogan has been “Organics for Smart People” with good reason. We know that many of our good and loyal customers who searched for real organic and discovered Terressentials are smart label readers, and we also know that many of you are very environmentally-focused, organic-minded people like us. We want this organic fraud to end, don't you? This is why I'm asking for your help now. You now have a chance to help correct some of the wrongs that have been done against you, your family and friends and our organic community in the name of billions in profits stolen from you by unethical outlaw companies—the organic cheaters.

Will you help to fix this problem—to right this wrong now?

How do we stop so many personal care product companies that have no legitimate USDA organic certification from using our USA legally-defined word organic, from illegally flaunting the USDA organic seal and from claiming to be “certified organic?” How do we get those in government with legal enforcement power to stop looking away from this huge problem and put an end to this fake organic labeling scheme once and for all?

Here's what my team thinks you should do: please write a note stating what you think about this consumer rip-off and tell the Federal Trade Commission, the USDA National Organic Program and your state and federal political representatives (and your local media—newspapers and television, all of your friends and neighbors, share with the world via social media, clubs, church groups—everyone that you can think of) that this organic fraud needs to stop. You can send the Federal Trade Commission your comments right now! Write them here and tell them so! You can send your comments to the USDA National Organic Program with a letter to Miles McEvoy, Deputy Administrator and/or Secretary of Agriculture, Tom Vilsak – write them here now!

To learn more about “How to File a Complaint on Organic Regulations” see:
File A Complaint
More on How to File a Complaint on Organic Regulations

I know you're busy, so I'm providing an example of a sample comment letter (included here, below!) that you can use as is or modify and submit to the FTC Roundtable Comments page and to Ms. Jeanne Bumpus, Director of the Federal Trade Commission. I ask that you please also send a modified letter to Mr. Miles McEvoy, Deputy Administrator of the National Organic Program and/or his boss Mr. Tom Vilsack, Secretary of Agriculture, and, of course, write your Congressperson and Representatives. (Note: an office visit or paper letter carries even more weight with politicians, but an email letter is still received and noted!) Here's a Sample Letter for you to use:

Dear (Ms. Bumpus, Mr. Vilsack, Mr. McEvoy),

I am glad to see the FTC and the USDA National Organic Program working together and to have organized the Roundtable to Examine Consumer Perceptions of “Organic” Claims for Non-Agricultural Products, Specifically Personal Care Products!

The controversial issue of mislabeling conventional and synthetic chemical personal care products as organic has raged for far too long and must stop now. This multi-billion dollar travesty is an insult to health- and environmental- and organic-minded people, and disrespectful of and an egregious violation of our federal National Organic Program (NOP) regulations! This abuse of the word organic cheats trusting consumers, is grossly unfair to organic farmers and organic ingredient processors and distributors, and is dramatically unfair competition to legitimate NOP certified organic American personal care product companies.

In addition, I ask that you stop the flooding of our American marketplace with foreign-made and synthetic personal care products that make bold organic claims and that do not adhere to our strict USDA National Organic Program regulations! This fake organic product invasion harms American consumers and businesses and our local economy.

I also ask that you outlaw the use of any and all industry-created private “organic” personal care standards. It is pointedly deceptive when such an industry standard hides their “organic criteria” from the public, forcing consumers to pay a considerable amount of money to simply review their “organic” certification criteria. This is particularly troublesome when standards like this do not compare to our National Organic Program regulations. This is hardly transparent! What are they hiding and why? I question the legality of such distinctly dissimilar “organic” standards that clearly confuses consumers and dilutes the integrity of the NOP law. Such questionable practices fly in the face of the original Congressional mandate for the creation and passage of the National Organic Program regulations in 2002—the primary intent of which was to eliminate competing and inconsistent organic standards and to create one uniform organic standard!

When personal care products that claim to have organic certification that is not NOP certification and sit side-by-side in retail stores or on web site pages alongside USDA NOP certified organic products, this is a very confusing problem for consumers who see the word organic on the product label and/or web page or shelf tag and believe that all of the products meet the same organic criteria. It is misleading and unfair that non-NOP “certified” products have the company name printed on the label and often include the word “organic” or “organics,” i.e., “Ambush Organics.” Then, to add to the confusion, the front label bears an organic claim and the back label panel bears a USDA-accredited certifier's name!

Lastly, I also write to urge you be sure that Diana Kaye, co-president of Terressentials, a USDA certified organic personal care products business, has a seat at the FTC Roundtable. She is the expert on consumer perceptions of the word organic in the personal care marketplace and has worked tirelessly to collect evidence of organic misrepresentation of personal care products over twenty-five years of doing business. Ms. Kaye has been very active in monitoring the application of the National Organic Program rules across the personal care marketplace, and in educating the public about the NOP labeling rules and product ingredients. She is a devoted consumer advocate for true organic labeling and I trust her to be my voice at the Roundtable discussion. Please include Diana Kaye on the Roundtable panel!

I would greatly appreciate having you stop this widespread misrepresentation of the legally-defined word "organic" as soon as possible. I look forward to the day in the near future when I can purchase honest, authentic USDA certified organic personal care products and know that the word organic when used on personal care products does indeed hold the same, true meaning as other genuine USDA certified organic goods.

Thank you for considering my comments and request and for taking action on this very serious issue.

Sincerely,

_____________________________________

(your name)

***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** *****

To all of our Terressentials customers—thanks for helping us to end organic fraud! Our small organic team greatly appreciates all that you do! Please remember to check your product labels and read all of the ingredients! Remember, too, that even just one chemical ingredient contaminates the entire bottle of product and contaminates your body and our waterways. For your convenience, we've compiled lists of some of the more common industrial cosmetic chemical ingredients that are commonly found in personal care products—yes, sadly, even many products that are labeled “organic” and “natural” and that are not certified to our NOP or even truly natural. Print this Healthy Person's Guide to Personal Care Ingredients and keep it in your wallet or handbag!

The Healthy Person's Guide to Personal Care Ingredients

We also have our “Dirty Double Dozen – X2” which is a handy, compact pocket guide that lists 48 of some of the common chemical nasties found in personal care products (yes, even so-called natural and organic products!) that we think you'll want to avoid! (You can pick up our pocket guide at one of our Maryland stores or request one to be shipped with your next web site order—it's free!)

If you haven't already done so, please be sure to sign up to receive our Terressentials Organic Newsletter (click here to subscribe to newsletter) and stay tuned for more marketplace and Terressentials news, special offers and event updates—and never any spam!

Again, thank you from your good friends...

The Terressentials team