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“Lethal But Legal”: Rethinking Our ‘Rights’ To Dangerous Behaviors

In the last few years, it’s become increasingly clear that food companies engineer hyperprocessed foods in ways precisely geared to most appeal to our tastes. This technologically advanced engineering is done, of course, with the goal of maximizing profits, regardless of the effects of the resulting foods on consumer health, natural resources, the environment or anything else.

But the issues go way beyond food, as the City University of New York professor Nicholas Freudenberg discusses in his new book, “Lethal but Legal: Corporations, Consumption, and Protecting Public Health.” Freudenberg’s case is that the food industry is but one example of the threat to public health posed by what he calls “the corporate consumption complex,” an alliance of corporations, banks, marketers and others that essentially promote and benefit from unhealthy lifestyles.

It sounds creepy; it is creepy. But it’s also plain to see. Yes, it’s unlikely there’s a cabal that sits down and asks, “How can we kill more kids tomorrow?” But Freudenberg details how six industries — food and beverage, tobacco, alcohol, firearms, pharmaceutical and automotive — use pretty much the same playbook to defend the sales of health-threatening products. This playbook, largely developed by the tobacco industry, disregards human health and poses greater threats to our existence than any communicable disease you can name.

All of these industries work hard to defend our “right” — to smoke, feed our children junk, carry handguns and so on — as matters of choice, freedom and responsibility. Their unified line is that anything that restricts those “rights” is un-American.

Yet each industry, as it (mostly) legally can, designs products that are difficult to resist and sometimes addictive. This may be obvious, if only in retrospect: The food industry has created combinations that most appeal to our brains’ instinctual and learned responses, although we were eating those foods long before we realized that. It may be hidden (and borderline illegal), as when tobacco companies upped the nicotine quotient of tobacco. Sometimes, as Freudenberg points out, the appeals may be subtle: Knowing full well that S.U.V.’s were less safe and more environmentally damaging than standard cars, manufacturers nevertheless marketed them as safer, appealing to our “unconscious ‘reptilian instincts’ for survival and reproduction and to advertise S.U.V.’s as both protection against crime and unsafe drivers and as a means to escape from civilization.”

The problems are clear, but grouping these industries gives us a better way to look at the struggle of consumers, of ordinary people, to regain the upper hand. The issues of auto and gun safety, of drug, alcohol and tobacco addiction, and of hyperconsumption of unhealthy food are not as distinct as we’ve long believed; really, they’re quite similar. For example, the argument for protecting people against marketers of junk food relies in part on the fact that antismoking regulations and seatbelt laws were initially attacked as robbing us of choice; now we know they’re lifesavers.

Thus the most novel and interesting parts of Freudenberg’s book are those that rephrase the discussion of rights and choice, because we need more than seatbelt and antismoking laws, more than a few policies nudging people toward better health. Until now (and, sadly, perhaps well into the future), corporations have been both more nimble and more flush with cash than the public health arms of government. “What we need,” Freudenberg said to me, “is to return to the public sector the right to set health policy and to limit corporations’ freedom to profit at the expense of public health.”

Redefining the argument may help us find strategies that can actually bring about change. The turning point in the tobacco wars was when the question changed from the industry’s — “Do people have the right to smoke?” — to that of public health: “Do people have the right to breathe clean air?” Note that both questions are legitimate, but if you address the first (to which the answer is of course “yes”) without asking the second (to which the answer is of course also “yes”) you miss an opportunity to convert the answer from one that leads to greater industry profits to one that has literally cut smoking rates in half.

Similarly, we need to be asking not “Do junk food companies have the right to market to children?” but “Do children have the right to a healthy diet?” (In Mexico, the second question has been answered positively. Shamefully, we have yet to take that step.) The question is not only, “Do we have a right to bear arms?” but also “Do we have the right to be safe in our streets and schools?” In short, says Freudenberg: “The right to be healthy trumps the right of corporations to promote choices that lead to premature death and preventable illnesses. Protecting public health is a fundamental government responsibility; a decent society should not allow food companies to convince children to buy food that’s bad for them or to encourage a lifetime of unhealthy eating.”

Oddly, these are radical notions. But aren’t they less “un-American” than allowing a company to maximize its return on investment by looking to sell to children or healthy adults in ways that will cause premature mortality? As Freudenberg says, “Shouldn’t science and technology be used to improve human well-being, not to advance business goals that harm health?” Two other questions that can be answered “yes.”

 

By: Mark Bittman, Contributing Op-Ed Writer, The New York Times, February 26, 2014

March 2, 2014 Posted by | Consumers, Public Health | , , , , , , , | Leave a comment

“Soft Power Can Hurt”: Beneath The Hypocrisy, Putin Is Vulnerable; Here’s Where His Soft Spots Are

In dispatching troops to Ukraine, Russia has violated international law, flouted multiple treaty commitments, and set the stage for a European war. It has no casus belli, aside from an eccentric understanding of the domestic politics of a neighboring country. The Kremlin’s surreal warmongering is bad enough, and obviously demands a response from the European Union, the entity that, beyond Ukraine itself, is most immediately concerned. Ukraine borders on four European Union members, and its new government has made joining the EU its foreign policy priority.

Russian intervention in Ukraine is directed against the EU, which Moscow has now decided is a threat to its interests and indeed a civilizational challenge. President Putin’s global crusade against gays has become, during these last few weeks, a specific foreign policy doctrine directed against the EU. The Kremlin has made clear that control of Ukraine is one step towards the creation of a Eurasian Union, a rival organization to the EU which will reject European “decadence” in favor of a defense of Christian heterosexuality etc. For months press organs close to the Kremlin have referred to Europe as “Gayropa.”

How can Europe respond to the immediate problem of military intervention in Ukraine and the more fundamental political challenge to European values and achievements? It goes without saying that the EU cannot act alone. In 1994, the United States, Great Britain, and Russia guaranteed Ukraine’s territorial inviolability in exchange for Kiev’s agreement to destroy its stockpile of nuclear weapons. Now that Russia has violated this agreement and rejected American proposals to begin consultations based upon its premises, London and Washington are directly implicated in the crisis. Ukraine also borders four members of NATO. The United States is the relevant military power.

Yet the EU might hold stronger cards than the Russians think. Russian propaganda about depraved Europe conceals an intimate relationship. Tourism in the European Union is a safety valve for a large Russian middle class that takes its cues in fashion and pretty much everything else from European culture. Much of the Russian elite has sent its children to private schools in the European Union or Switzerland. Beyond that, since no Russian of any serious means trusts the Russian financial system, wealthy Russians park their wealth in European banks. In other words, the Russian social order depends upon the Europe that Russian propaganda mocks. And beneath hypocrisy, as usual, lies vulnerability.

Soft power can hurt. General restrictions on tourist visas, a few thousand travel bans, and a few dozen frozen accounts might make a real difference. If millions of urban Russians understood that invading Ukraine meant no summer vacation, they might have second thoughts. If the Russian elites understood that invading Ukraine meant dealing with their disaffected teenagers on an indefinite basis, they too might reconsider. If wealthy Russians understood that their accounts could be frozen, as has just happened to Ukrainian oligarchs, that might affect their calculations as well. These punishments might seem minor compared to the crime, but Putin is gambling that the EU will not do even this. These measures would have costs, of course. But the price of a military conflict in the middle of Europe would be far higher.

Of course, such steps, which can be taken immediately, would precede a general reconsideration of overall EU-Russian relations. The European Union is by far Russia’s most important trading partner, although the reverse is not the case. The EU relies upon Russia for natural gas and oil, and sends in return finished goods. Given that Russia has twice in recent years tried to use natural gas supplies to threaten the EU, and has begun to intervene militarily in a country across which the pipelines flow, now might be a good time to reconsider energy policy. A simple announcement of the intention to investigate Norwegian and American hydrocarbons might make a difference. Over the long run, of course, the EU has every incentive to develop fusion and other alternatives that would free it from its artificial dependence upon a bellicose petrol state.

Russian propaganda derides Europeans as fey and helpless, and we too often tend to agree. But the European Union does have instruments of influence. Its greatest power, of course, is its attractiveness to societies on its borders, such as Ukraine. But even where membership is not an option, and the EU faces unambiguous hostility, it can act. Russia’s very contempt for the European Union might force Europeans to undertake a more active foreign policy and to take responsibility for their neighborhood.

 

By: Timothy Snyder, The New Republic, March 1, 2014

March 2, 2014 Posted by | Foreign Policy, Russia, Ukraine | , , , , | Leave a comment

“The Real Job Killers”: Forget What Republicans Say, The Real Job Killers Are Lousy Jobs At Lousy Wages

House Speaker John Boehner says raising the minimum wage is “bad policy” because it will cause job losses.

The U.S. Chamber of Commerce says a minimum wage increase would be a job killer. Republicans and the Chamber also say unions are job killers, workplace safety regulations are job killers, environmental regulations are job killers, and the Affordable Care Act is a job killer. The California Chamber of Commerce even publishes an annual list of “job killers,” including almost any measures that lift wages or protect workers and the environment.

Most of this is bunk.

When in 1996 I recommended the minimum wage be raised, Republicans and the Chamber screamed it would “kill jobs.” In fact, in the four years after it was raised, the U.S. economy created more jobs than were ever created in any four-year period.

For one thing, a higher minimum wage doesn’t necessarily increase business costs. It draws more job applicants into the labor market, giving employers more choice of whom to hire. As a result, employers often get more reliable workers who remain longer – thereby saving employers at least as much money as they spend on higher wages.

A higher wage can also help build employee morale, resulting in better performance. Gap, America’s largest clothing retailer, recently announced it would boost its hourly wage to $10. Wall Street approved. “You treat people well, they’ll treat your customers well,” said Dorothy Lakner, a Wall Street analyst. “Gap had a strong year last year compared to a lot of their peers. That sends a pretty strong message to employees that, ‘we had a good year, but you’re going to be rewarded too.’”

Even when raising the minimum wage — or bargaining for higher wages and better working conditions, or requiring businesses to provide safer workplaces or a cleaner environment — increases  the cost of business, this doesn’t necessarily kill jobs.

Most companies today can easily absorb such costs without reducing payrolls. Corporate profits now account for the largest percentage of the economy on record.  Large companies are sitting on more than $1.5 trillion in cash they don’t even know what to do with. Many are using their cash to buy back their own shares of stock – artificially increasing share value by reducing the number of shares traded on the market.

Walmart spent $7.6 billion last year buying back shares of its own stock — a move that papered over its falling profits. Had it used that money on wages instead, it could have given its workers a raise from around $9 an hour to almost $15. Arguably, that would have been a better use of the money over the long-term – not only improving worker loyalty and morale but also giving workers enough to buy more goods from Walmart (reminiscent of Henry Ford’s pay strategy a century ago).

There’s also a deeper issue here.  Even assuming some of these measures might cause some job losses, does that mean we shouldn’t proceed with them?

Americans need jobs, but we also need minimally decent jobs. The nation could create millions of jobs tomorrow if we eliminated the minimum wage altogether and allowed employers to pay workers $1 an hour or less. But do we really want to do that?

Likewise, America could create lots of jobs if all health and safety regulations were repealed, but that would subject millions of workers to severe illness and injury.

Lots of jobs could be added if all environmental rules were eliminated, but that would result in the kind of air and water pollution that many people in poor nations have to contend with daily.

If the Affordable Care Act were repealed, hundreds of thousands of Americans would have to go back to working at jobs they don’t want but feel compelled to do in order to get health insurance.

We’d create jobs, but not progress. Progress requires creating more jobs that pay well, are safe, sustain the environment, and provide a modicum of security. If seeking to achieve a minimum level of decency ends up “killing” some jobs, then maybe those aren’t the kind of jobs we ought to try to preserve in the first place.

Finally, it’s important to remember the real source of job creation. Businesses hire more workers only when they have more customers. When they have fewer customers, they lay off workers. So the real job creators are consumers with enough money to buy.

Even Walmart may be starting to understand this. The company is “looking at” whether to support a minimum wage increase. David Tovar, a Walmart spokesman, noted that such a move would increase the company’s payroll costs but would also put more money in the pockets of some of Walmart’s customers.

In other words, forget what you’re hearing from the Republicans and the Chamber of Commerce. The real job killers in America are lousy jobs at lousy wages.

 

By: Robert Reich, The Robert Reich Blog, February 28, 2014

March 1, 2014 Posted by | Jobs, Minimum Wage | , , , , , , , | 1 Comment

“Brother, Can You Spare A Dime?”: Bobby Jindal Goes Panhandling

In the post this morning on the Romney donor network, I noted that in the underlying article from WaPo’s Wesley Lowery on that network’s favorite and slightly-less-favorite ‘16ers, there was nary a mention of onetime GOP “savior” Marco Rubio.

But there was another famous name missing from a list that ultimately included non-world-beaters like Mike Pence along with the notation that Mitt’s donors generally love GOP governors: the two-term governor of Louisiana.

I was reminded of that fact in reading a separate piece from National Review’s Eliana Johnson about Bobby Jindal’s preparations for an almost certain presidential run:

Though Jindal skewered Mitt Romney just a week after the 2012 election, he’s now turning to the Romney camp in an effort to beef up his fundraising operation. Sources say he is looking to tap Romney’s vast donor network and has asked Romney’s finance director, Spencer Zwick, for an assist with introductions to some of the Romney campaign’s top givers.

A number of the GOP’s likely Republican presidential candidates, including Rand Paul, are looking to Zwick to make these introductions. That’s in part a rite of passage – presidential contenders always want access to the fundraising list compiled by the previous candidate – and in part because the Romney team, which opted out of the public-financing system, was able to raise over $1 billion, an unprecedented amount for a GOP candidate. Romney and Zwick’s stable of top-dollar donors also has an especially loyal reputation relative to that of other nominees from both parties.

So even as the Romney donor network discusses their relationships with and preferences among a long list of potential 2016 candidates (including Paul, who was mentioned in surprisingly favorable terms in the Lowery piece), Bobby Jindal is looking for ways to invite himself into that world to make a pitch. This is not a good sign for him. Nor is it a particularly good sign, BTW, that he designated himself head of the crusade for “religious liberty” in a Big Speech in California right before said crusade fell into a giant ravine next door in Arizona.

Poor Bobby. Here’s a guy so brilliant and accomplished that you’d think all he’d have to do is stand in front of GOP “invisible primary” audiences with his resume in hand and just say: “Ecce Homo!” Instead he’s running around throwing himself in front of cameras, and seeking access to donor networks, like he’s just another pol. Makes you want to cry.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, February 28, 2014

March 1, 2014 Posted by | GOP Presidential Candidates, Republicans | , , , , | Leave a comment

“The Infinite Circle Of Black Responsibility”: Part Of The Privilege Of Whiteness Is You Don’t Have To Have Responsibility For Anyone Else

In 2006, after being a United States senator for one year, Barack Obama made an appearance on Meet the Press. After talking about the Iraq War for a while, Tim Russert asked Obama this: “I want to talk a little bit about the language people are using in the politics now of 2006, and I refer you to some comments that Harry Belafonte made yesterday. He said that Homeland Security had become the new Gestapo. What do you think of that?” Obama said he never uses Nazi analogies, but people are concerned about striking the balance between privacy and security. Russert pressed on, asking Obama to take a position on whether some insulting things Belafonte had said about George W. Bush were “appropriate.”

I thought of that interview today as I watched another interview, this one with Bill O’Reilly interviewing White House aide Valerie Jarrett. I bring it up not because it’s important to be mad at Bill O’Reilly (it isn’t), but because it’s yet another demonstration of the rules both prominent and ordinary black people have to live with. Unlike white Americans, they are subject to an entirely different and far more wide-ranging kind of responsibility. A black senator has to answer for the remarks of every black activist, black musicians are responsible for the actions of every wayward teenager, and black people everywhere carry with them a thousand sins committed by others. That burden isn’t just psychological; as we’ve seen in cases like those of Trayvon Martin and Jordan Davis, it can be deadly.

Yesterday, President Obama held an event at the White House called “My Brother’s Keeper,” to encourage people to help create more opportunities for young men of color. Afterward, O’Reilly told Jarrett that on “the streets,” there’s a problematic culture. “It’s not just blacks—it’s the poor, and the hard core, what they call ‘gangstas.'” He went on: “You have to attack the fundamental disease if you want to cure it. Now I submit to you that you’re going to have to get people like Jay-Z, all right, Kanye West, all of these gangsta rappers, to knock it off.”

You may laugh at the idea that disproportionately high levels of incarceration among young black men can be laid at the feet of Kim Kardashian’s husband. And I’m pretty sure that crime in America predates “Straight Outta Compton,” though we might have to look that up. But the truth is that Bill O’Reilly could hear a rap song about butterflies and rainbows, and the first thing to pop into his head would be “gangsta rap!” because it’s black people rapping.

And in this, O’Reilly resembles Michael Dunn, the man who gunned down Jordan Davis over his music. Over and over in his jailhouse writings, Dunn references the “culture” around rap music as one of criminality and danger, citing it as the source of crimes committed by black people. So naturally, when he heard that music coming from the next car over, he thought he was about to be the victim of a drive-by, and the only alternative was to pull out his gun and start firing first.

This is about the collectivization of every misdeed committed by a black person, the way all black people are implicated and have responsibilities imposed on them. When a white man beats his children or kills his wife or robs a liquor store or commits insider trading, nobody tells Bill O’Reilly that he, as a white person, needs to do something about it. And he sure as hell doesn’t go on the air and say that white people need better role models. There isn’t a thing called “white on white crime,” but there is a thing called “black on black crime,” because crimes committed by black people are black crimes, born from blackness and soiling all black people, but crimes committed by white people have nothing to do with the race of the perpetrators; they’re just crimes, no modifier needed.

My guess is that if you asked Bill O’Reilly what responsibility white musicians or white politicians have for the thousands of white crimes committed every year, he would have no idea what you’re talking about. It would sound like gibberish to him. As I’ve written before, a big part of the privilege of whiteness is that you don’t have to have responsibility for anyone else. You can be just yourself. The security guard is not going to follow you around in a store because some other white person shoplifted there last week. A TV host is not going to demand that you defend something stupid another white person said, for no reason other than the fact that the two of you are white. No one is going to think that because of the music you’re playing, it might be a good idea to fire ten bullets into your car.

Creating that broad black responsibility doesn’t just happen, it has to be reinforced and maintained. Nobody does it with more vigor than Bill O’Reilly and the rancid cauldron of race-baiting that is the network for whom he works. The real mystery is why the White House keeps trying to court him. They actually invited him to that event yesterday.

 

By: Paul Waldman, Contributing Editor, The American Prospect, February 28, 2014

March 1, 2014 Posted by | Bill O'Reilly, Racism | , , , , , , , | 1 Comment