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If I have to start somewhere, might as well start from the beginning with my first photo shoot! It was a maternity session that I wanted to do for one of my best friends.
This beautiful family was expecting a son!
I also had to include their beautiful daughter!!!
I had a fun time photographing this family and if your wondering what their baby boy looks like, I had the opportunity of shooting pictures for his baby announcement.
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If you are looking for a means of transport to move your motorcycle on board the car, then you need to acquire a motorcycle carrier. You can choose from many alternatives that offer similar benefits. However, among these two models stand out that are considered favorites by most users. Initially, we found the AutocaravanaSegarra PM-01, which is easy to assemble, suitable for motorhomes and campers, which includes its own 1.50 m aluminum ramp. The Towcar AEPM030 motorcycle carrier is another possible option, as it is made of steel and is suitable for carrying it anchored to the car’s hitch ball.
If you have decided to buy a motorcycle rack, but you have doubts about which product you should buy, we suggest you choose among the most outstanding models today, according to user estimates, quality and performance. For this reason, we present a selection of the best motorcycle carriers and their main attributes, so that you can compare and choose according to what you need.
motorcycle carrier for motorhome
Those who are looking for a motorcycle carrier for a motorhome can find a probable option in the PM-01 model. It is a universal motorcycle carrier, made of galvanized steel with an aluminum ramp that provides resistance and measures 1.5 m. Its use is very simple, since it is only required to be fastened to the ground by means of two screws so that it is fixed with strength and stability.
This motorcycle carrier is suitable for mounting light motorcycles in the garage of campers or motorhomes, to later disassemble it easily and store it in the same place, since its weight of 19 kg and size favor being able to transport it without interfering with the space, in case this is reduced.
In addition, this equipment is favorable for the majority, as it joins the group of cheap ones, being on the list to become the best price-quality motorcycle carrier. In addition, it is suitable for suitably adapting to front wheels, which have a 17” radius, although it could be used for larger wheels, with adjustment using other parts.
There are some advantages and disadvantages that you should know about this model, highlighted among the cheapest, so that you can compare and choose properly, according to your convenience.
Practical: It is functional, comfortable to use and, in addition, can be easily stored.
Size: It measures 2 m long, 40 cm high and 30 cm wide, making it ideal for light and small motorcycles.
Universal: It is designed to fit most motorhome or camper models, due to its ease of assembly.
Resistant: Its galvanized steel construction makes it strong and robust to support the weight.
Doors: It is necessary to make some adjustments, in case the vehicle door prevents the ramp from being placed correctly.
See this product on Amazon
Another feasible option for those who want to purchase a motorcycle carrier for a motorhome is the Towcar AEPM000 model. It is a practical and manageable piece of equipment, which can be folded for easy storage and transfer in the trunk of the car. It is ideal for transporting trial type motorcycles, pit bikes, minicross and any type of mopeds or motorcycles whose weight does not exceed 90 kg.
This model, considered by some to be the best motorcycle carrier, is light, small and portable, so it can be assembled without much effort, as it weighs just 18 kilos and measures 95 x 57 x 26 cm when folded.
This Towcar prototype includes a ramp and, in addition, three straps to hold the motorcycle or small vehicle to be transported more safely. The equipment can be placed quickly and easily, since it is only enough to fix it to the hitch ball. In addition, it does not interfere with the speed of the vehicle that moves it.
This model brings together characteristics that exhibit quality and good performance, so it might seem like the best motorcycle carrier of the moment. However, do not stop analyzing its pros and cons.
Assembly: Placing it is very simple, since it is only hooked quickly and easily to the ball of the car.
Durability: It is made of anodized aluminum, a resistant material, appropriate to withstand use and a certain weight.
Utility: It is suitable for moving from children’s motorcycles to trial motorcycles and other mopeds.
Load: Its capacity could decrease according to the load that the car to which it is to be incorporated can support.
See this product on Amazon
If you want to choose a particular model among the best motorcycle racks of 2022, you might be interested in knowing some characteristics that identify the Towcar AEPM030, which is also recommended for those who need to equip their car with a ball motorcycle rack.
This motorcycle carrier has a strong and robust structure made of steel. However, it is light, since it only weighs 21 kg, which makes it comfortable to handle, as it is also foldable and can be easily stored to move it inside the trunk.
This equipment can be used in a very simple way, since it is automatically anchored to the ball of the car and secured by means of the straps. The Towcar AEPM030 model has been designed to support up to 75 kilos of weight, making it suitable for loading various types of motorcycles, mopeds or children’s vehicles, whose weight is less than or equal to this capacity.
The Towcar manufacturer, with this and other models, advances and bets on becoming the best motorcycle carrier brand. Here, some pros and cons of this team.
Anchorage: It is fixed automatically and safely to the ball of the car.
Dimensions: It has appropriate measurements, to be able to place it, use it and remove it easily.
Foldable: Its size is reduced to 97 x 57 x 26 cm, in folded mode, to be able to store and transport it in the trunk or other area.
Capacity: It is capable of supporting an adequate load level of up to 75 kilos, ideal for small means of transport.
Adapter: Does not include the adapter for the front wheel, but it can be purchased separately.
See this product on Amazon
You may not yet know which is the best motorcycle carrier. Therefore, we present this alternative from the manufacturer Power Parts Automotive GmbH. It is a 200 kilo motorhome carrier, known as Heavy Duty, ideal for transporting heavier bicycles, scooters and motorcycles, as it has the capacity to support up to 226 kg.
This motorcycle rack is made of high-quality black powder-coated steel, with a strong and robust structure, manufactured with the intention of providing strength, support and durability. Similarly, its design has been created so that it can be adapted to most American couplers with square tubes.
In addition, its installation does not require a complicated procedure, since it is only enough to invert the square tube to fix the motorcycle carrier. Likewise, this motorcycle carrier includes its respective 97 cm long ramp, while the base of its structure measures around 1.93 m wide, with a depth of 17.7 cm.
Deciding which motorcycle rack to buy can be very difficult. Therefore, it is convenient that you know a little more about this model that might interest you.
Support: It has a strong base, designed to support more than 200 kilos of weight.
Installation: Its installation method is simple, as it easily adjusts to any vehicle with an American coupler.
Resistance: It is made of powder-coated steel, which makes it robust and resistant.
Functionality: It is useful for transporting motorcycles, bicycles, scooters and other types of vehicles weighing less than 226 kilos.
Vehicle type: Can only be used with American 4 kant trailer hitches, which may limit its usability.
See this product on Amazon
motorcycle trailer
If you prefer to buy a motorcycle trailer, the manufacturer Neptun offers a suitable alternative. It is a trailer made of galvanized steel, designed to hook it to the rear of the car and drag it as the vehicle moves forward.
This trailer has a weight of 80 kg, its external measurements are 2.88 mx 1.46 m and it has sufficient capacity to transport a motorcycle or other type of moped vehicle weighing less than or equal to 270 kg, occupying a space close to or less than 2 m long by 18 cm wide. In addition, it has two 500 x 10” wheels, robust and resistant, which have the capacity to support the weight and friction against the ground.
Similarly, this model has a tilting box that allows the trailer to be tilted to facilitate the entry and exit of the load. In addition, it includes the entire kit for its assembly and operation.
This team brings together several features that would be worth taking advantage of. However, there is also a downside and other advantages that you should consider.
Maximum weight: The model supports a maximum load of 270 kg, which is a suitable weight for professional or more robust motorcycles.
Lights: It has two indicators at the rear so that other vehicles can distinguish it.
Approved: This trailer has the respective certification, as it is approved by the European Union.
Manufacturing: It is made of galvanized steel, a material that offers strength, support and durability.
Weight: It can be very heavy both with and without the load, so it should be handled with care.
See this product on Amazon
For those who need to acquire a motorcycle carrier for a van, the Erka brand offers this model made of galvanized steel, with a more spacious design, to accommodate two motorcycles, whose maximum weight together is less than or equal to 392 kg.
This Erka motorcycle carrier measures 2.89 mx 1.79 m on the outside, while each of its internal rails, arranged for different types of motorcycles, offer an area of 2 mx 18 cm. It is practical to use, as it incorporates a tilting box that makes it easier to get on and off the motorcycles with greater comfort.
In the same way, it has two 500 x 10” wheels and has a drawbar with a cambered rudder, which joins the trailer with the car hitch. It also includes the kit with the accessories to facilitate its assembly. This model also has the certification required to be able to circulate, as it is approved throughout Europe.
If it seems to you that this model could offer you everything you are looking for, wait until you know some of its advantages and one aspect against it.
Greater space: Its design is designed to offer greater capacity, since it has space to transport two motorcycles at the same time.
Accessories: This model includes a kit with the necessary accessories to assemble it, so the process is facilitated.
Certificate: Its use and circulation are approved by the competent bodies in Europe, so its quality and safety have been validated.
Stability: The motorcycles remain firm and securely fastened during the tour.
Weight and size: It is a bulky and heavy motorcycle carrier, so it is recommended to use it only with large vehicles.
See this product on Amazon
motorcycle carrier
If you focus your search on finding an option that suits your needs, this motorcycle carrier may be what you expected. The ConStands model consists of a base made of steel, which works as a support for loading and transporting motorcycles, with a maximum weight of 450 kilos.
This motorcycle carrier is wide enough and long enough to hold larger motorcycles, such as the Racer de Guzzi V7 II, as it measures 2.12 m long and 27 cm wide. The ConStands motorcycle carrier allows motorcycles to be kept in a stable position throughout the journey, as it incorporates a chock for the front wheel.
In addition, it has four double wheels made of polyamide with a brake function, which provide better support and facilitate handling to move it more comfortably. It is suitable for rear wheels with width less than or equal to 20 cm and front wheels from 15 to 21 inches, offering a good level of compatibility.
This is another of the most recommended motorcycle carriers. If you liked its main features, also take a look at some of its pros and cons.
Versatile: It is used both to transport motorcycles by car, and to facilitate their parking and store them in small spaces.
Robustness: Its 3 cm thick steel structure provides strength and resistance.
Maneuverable: It has a handle that favors manipulating the rail in a simple way.
Adjustable: It can be adjusted to suit the size of front wheels between 15 and 21”, with a width of 9 to 18 cm, so it is compatible with various motorcycle models.
Weight: Due to its heavy weight, it could be uncomfortable to handle and lift, although this does not limit its performance.
See this product on Amazon
Towcar motorcycle carrier
Among the variety of models of Towcar motorcycle carriers, there is the AEPM020-8, as a pertinent option to transport from children’s vehicles, such as junior cross motorcycles, to trial motorcycles, minicross, pit bikes and other types of mopeds.
Its weight of 25 kg is light, therefore, it can be manipulated and assembled with more freedom and comfort. However, it is capable of supporting a load of up to 75 kg and can be tilted to make it easier to raise or lower the motorcycle, as its design incorporates a rocker-type movement.
Its rail is 13 cm wide, while the adapter is suitable to fit wheels with a width of around 10.5 cm. This motorcycle carrier is simple to use, as it automatically attaches to the car and the motorcycle is secured to it by means of ratchet-style straps, thus providing stability and support for as long as it remains anchored.
If this Towcar model has seemed like a good option to you, you could determine if it suits you or not when you know more about its advantages and a negative point.
Reclining: Produces a rocking effect that allows you to tilt it to get on and off the bike more easily.
Transportation: It is an adequate means of transportation to carry various moped vehicles such as minicross, trial motorcycles, pit bikes, among other junior models.
Coupling: It can be mounted quickly, as it is attached to the car automatically.
Lighting: It has the required lighting so that other vehicles can distinguish it.
Use: It could suffer dents, if it is not handled or used properly.
See this product on Amazon
Buying a motorcycle carrier is not just choosing the one that seems to be of acceptable quality or has a price that fits your pocket. While this is important, you should also make sure that the equipment you choose guarantees good performance and provides strength and durability, depending on what you need. Therefore, you should take into account some features that we include in this guide to buy the best motorcycle carrier.
Ability
There are several types of motorcycle carriers from various manufacturers and, although their objective is the same, there are some characteristics that distinguish one model from another. One of these is its capacity.
Some motorcycle racks are designed to support more or less weight and this, in turn, could affect the cost of the equipment. Therefore, before choosing, it is important that you can determine the weight of the motorcycle or moped vehicle for which you want to use it. Thus, you could also get an idea of how much a motorcycle carrier costs.
Some simple models are designed to support between 75 and 90 kilos of weight. While others, made for larger motorcycles, can hold up to a maximum weight of between 200 and almost 300 kilos. Likewise, there are certain models suitable for towing with the car, which have a double lane to load two motorcycles at the same time. These are designed to support up to 390 kg.
Weight and size
Among the characteristics that you should consider when choosing a motorcycle carrier are its weight and size. This is something that also tends to vary from one model to another, although it is not always indicative of its capacity and resistance, since there are light and small motorcycle carriers capable of supporting a great weight.
It is important that you can choose a model whose weight and size are favorable and suitable for your car and that, in addition, you can handle and mount it comfortably, since you must also consider the weight of the motorcycle or moped.
You can get small equipment, whose weight ranges between 18, 20, 25 and 40 kg, with an approximate length of 2 m. Similarly, there are even larger ones that can weigh between 80 and more than 100 kilos, with external measurements close to 3 m in length.
Among the wide offer, you may find a cheap motorcycle carrier. However, before deciding on a specific model, you should make sure that the price of the equipment includes at least some of the accessories necessary to carry out its assembly and installation, otherwise you would have to purchase these accessories separately., which, ultimately, would increase the cost of the equipment.
There are models of motorcycle racks that include straps and hooks to hold the motorcycle securely. Others include an adapter to adjust to the size of the wheel, as well as the tools to assemble the structure. Similarly, there are models that also incorporate their respective ramp, which serves as a link between the ground and the motorcycle carrier on the car, to raise and lower the motorcycle more easily.
design and construction
If you want to choose a motorcycle carrier that is suitable for your type of car and that adapts to the weight and size characteristics of your two-wheeled vehicle, it is convenient that you make a comparison of motorcycle carriers.
Most motorcycle racks are made of steel and some have aluminum ramps. There are models of motorcycle carriers for motorhomes, designed in a small and light structure. These are usually easy to handle and assemble. Some, in addition, can be collapsible, incorporate a chock, have lights and brakes and others can be adjusted to adapt to the size of other wheels.
There are also models whose support can be tilted to make it easier for the motorcycle to be raised and lowered comfortably and without much effort. Similarly, there are other more conventional motorcycle carriers, known as trailers. These tend to be larger and heavier, as they are designed to support more weight, have wheels, a rudder and a tilting box.
It is important that, before choosing a model that catches your attention, you make sure that your vehicle has the type of anchorage that the motorcycle carrier requires. When looking at the different alternatives available, you will notice that some motorcycle carriers are universal and most share a similar type of coupling, since they have a mechanism that automatically hooks to the ball of the car.
However, there are also models that are located in the same position, but are attached in a different way, as they are manufactured to be used with the square tube of some American motorcycle models, so it is advisable to check this feature before making the purchase..
Frequently asked questions
Q1: How to use a motorcycle rack?
There are different types of motorcycle carriers. Therefore, these can be used in a different way, according to the instructions and recommendations of their manufacturer. However, there are some practical tips that can be applied in general.
It is important that the motorcycle carrier is fixed correctly to the car hitch. To place the motorcycle, it is advisable to have a ramp and raise it in one go with the motorcycle on.
Having it in the correct position, it is necessary to turn off the motorcycle and rest it on the kickstand so that it is supported. Then, it must be attached to the motorcycle carrier from its four ends with the respective straps.
It is also important to make sure that the vehicle to be moved has the appropriate weight, according to the maximum capacity of the motorcycle carrier and that it has the required signage, especially if you drive in life during night hours.
Q2: Is it necessary to homologate a motorcycle carrier?
There are some types of motorcycle carriers that need to meet certain requirements to be able to circulate, among these, that the load is according to its capacity, have the V20 signaling and, in certain cases, they are required to be approved. For this reason, there are also models that come with their respective factory certificates and have homologation at the European level, so with some it would not be necessary to carry out this procedure.
Q3: How to hold a motorcycle on a motorcycle rack?
Motorcycles should be attached to the rack from each of their front and rear ends, both on the right and left sides. However, it is advisable that the straps be tied to firm areas of the motorcycle, such as the front axle mount or the brake caliper, and to avoid using the suspension or mirrors.
When the straps are in the correct position, they should be pulled from the other side to make them snug. It is necessary to ensure that the straps have been fastened correctly, so that the motorcycle does not lose stability during the movement of the car.
Q4: What signage does a motorcycle carrier require?
In accordance with the regulations of the General Directorate of Traffic (DGT), motorcycle carriers must carry a V20 outgoing cargo signaling panel in a place where it remains visible. This is placed depending on the length of the vehicle load when it is located in a transverse position and protrudes with respect to the width of the rear of the car. On the other hand, in the event that the location of the motorcycle carrier interrupts the visibility of the vehicle’s license plate, it will be necessary to install another panel with the certified license plate.
Q5: Which is better, a tow ball carrier or trailer carrier?
Both types of motorcycle carriers offer functional and highly resistant models, although their load capacity may vary, as some are designed to support more weight than others, so this rating would depend on the assessment of each user, according to their preferences and to the weight of the load that needs to be moved.
However, ball-type motorcycle carriers are usually more practical and convenient to use, as they are easily installed and their weight and size make it easier to maneuver them, faster, while trailer carriers are much heavier and their assembly could be a bit difficult. more complicated.
Q6: How to make a motorcycle rack?
Building a homemade motorcycle carrier is a job that requires effort and some knowledge of mechanics. In addition, it is necessary to have some tools to cut the pieces and others to join them, so it would be best to request help from personnel specialized in the design, construction and assembly of this type of equipment. In case you decide to venture to build your own motorcycle carrier, the first thing you should do is draw a plan with all its parts and the required measurements, to take it as a reference when cutting the pieces.
Some trailer-type motorcycle carriers can be built using part of an old car chassis, cut to size. This could incorporate the brakes. In addition, you would need some bracing brackets, a couple of tires and, if you wish, an aluminum bar thick enough, to the desired size, to make the ramp.
Q7: What load can a trailer-type motorcycle carrier support?
There are different models of motorcycle trailer carriers that offer different capacities, although, in the same way, this is usually higher than that which can be supported by ball carriers or other types. Some can even transport more than one vehicle at a time, as their structure is also heavy and strong and resistant enough to support a greater weight. In some models, the maximum capacity can be from 200 to 350 kg, while larger ones can support up to 500 kg.
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Hello! My name is Carlos and I am passionate about everything related to writing, so I have created this blog to improve my English. I hope you enjoy it!
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This is meant to be hung on a wall as art. While it would normally also be a lap quilt, the quilted oaths are very delicate. Washing this and using this as a lap quilt will make the oaths fade. To preserve the oaths script on the wall quilt, this will need to be spot cleaned only. Again, this is meant to be wall art.
This is the ideal gift for the Lantern Corps fan in your life and would be great as a birthday, Christmas, or house-warming gift. It would also make a great hanging in a nursery or comic book store!
Also, for guilt-free shopping – the funds from this quilt are going to help pay for my grad school costs.
Lantern Corps Quilt
Author Quest QuiltsPosted on September 19, 2021 July 16, 2022 Categories quiltsTags dc comics, green lantern, green lantern corps, lantern corps, quilt, quilts, t-shirt quilt, wall quiltLeave a comment on Lantern Corps Wall Quilt
A while back, I posted about my goals for this year. I figured I’d do another check in since the one from May. Three weeks from now I’ll be at the first of three craft fairs, so this is it. What I’ve accomplished is set, and everything else will have to wait until another time.
I want to use some second-hand folding shelves I bought online to make a checkout booth. I was thinking about myself as a customer and realized that I really liked it more when the sales person was at a checkout stand. I felt freer to walk around and look. So I’m taking a cue from myself and working on making one of those. Done!
2. I’d also like to get some padded roof pads, so I can place my grid walls there instead of scraping up the inside of my husband’s Explorer again. It would be nice to drive to shows without having grid walls blocking one side of my car. Done!
3. I also need to get a new phone – if I’m being completely honest with myself here. Mine is old, but I’m stubborn when it comes to replacements. Done!
4. Participate in some new shows for the fall 2021. Registered and Ready!
From an artist standpoint, I have a LOT of quilts I want to make and have on hand for shows. Here’s a short list of some of my more creative ambitions.
Star Wars quilts – lightsaber duels, they just sell too well to not have one on hand. Not yet
2. Mandalorian wall quilt – I had the one I made get claimed before it was even finished! Yes – I made four and have 1 left. I want to make 1 more before the shows begin.
3. Sloth quilt – that fabric is too cute to have gone this long without being made in to something. Done!
4. Hocus Pocus quilt – the last one sold fairly quickly, and it was fun to make something in the “crazy quilt” style. I made 2 – one was claimed before they were finished. I’d like to have 2 on hand before hitting the Yellow Daisy Festival.
5. More doll quilts – they are really fun, and I like the satisfaction of experimenting within a smaller size. Done! I’ll have about 15 on hand, yay!
6. Christmas snow globe quilt – I saw some designs online and am wanting to try my own spin. Not yet
7. Potty Mouth Quilts – I wanted to make a small line of quilts with grown-up words on them. I like the contrast of a wholesome, traditional craft and a vulgar phrase. Maybe something is wrong with me here, but I won’t be happy until I’ve tried it at least once. Not yet
8. Bargello quilts – I made the rainbow and northern lights ones a while back, and I’m geared up to make more. Not yet
9. Mariner’s Compass – I just really like making these. They’re so satisfying. I have one on hand that I made at the beginning of quarantine.
10. I Spy quilt – I have been sorting little 2″ squares for a planned pattern for an I spy quilt with a geometric twist. It’s all bagged and sorted and ready to make.
11. Zombie girl Pin Up quilt – the first one I made was so much fun! Done! In fact, I made 2.
12. Baseball girl Pin Up quilt – the other pin up girl quilt was so fun, I wanted to keep a good thing going. I have the fabric, but that’s it.
13. Crayon quilt – this was such a cute quilt, and I really want to make another one. They are also good scrap-busters. I have scraps pre-cut to the sizes I need, so it won’t take too long.
14. I’m also wanting to possibly make some adult bibs since there seems to be a need for them. I’d make some pretty, but I’d probably focus on making them silly. A little humor goes a long way. Can’t stop making quilts long enough to try, ha!
Other stuff I HAVE managed to do since the May update – Flower Panel Wall Quilts, wine quilts, ASL wall quilts, Lantern Corps wall quilt, African fabric quilt, and The Last Unicorn wall quilt.
Author Quest QuiltsPosted on August 19, 2021 Categories UncategorizedTags craft fair, lap quilt, quilt, quilts, t-shirt quilt, wall quilt3 Comments on 2021 Goals – Another Update
The Demo Quilt with a Deeper Meaning
This little quilt started off very simple but took a turn for the inspiring.
When I first started getting together a booth to do craft fairs, I needed some demo quilts to help people see the options for t-shirt quilt blocks and styles. I went to the local thrift store and found several shirts from a couple of the local high schools. I was one block short for one of them when I found a shirt for the Amanda Riley Foundation. It was the same colors as the school, but I wasn’t sure if it was connected. I figured the shirt was cheap enough to take a gamble and I’d look it up when I got home.
Turns out it was connected to the school in a big way. Amanda had been a student there, very involved with the school, when she was diagnosed with cancer in 2009. She fought long and hard, but she passed away in 2010. Her parents set up this foundation to help support children and their families as they battle cancer.
To say I’m in awe of this couple is putting it lightly. They lost their child and resisted, what I imagine, is the urge to retreat inward. They saw their own experience and used it as motivation to reach out and support others in similar situations. To fall in love with them and their cause as well, check out their explanation of why they do what they do.
Back to the quilt….
So as I was putting this quilt together, I noticed one of the other shirts I’d grabbed was from the same year Amanda Riley was a student. It was an impulse that made me stop and scan the names to see, but, sure enough, her name was there as one of the school’s peer leaders. I couldn’t believe it!
To help raise funds for the foundation, her school has a Riley Run and Carnival FUN Day. I got a vendor booth at their show a couple of years ago. While there, I made sure to show her mother, Mrs. Barbara Riley, the demo quilt with the coincidental Amanda link. Then she pointed out something that gave me goosebumps. She mentioned I’d gotten her basketball number as well. You see, at the thrift store I’d found a #2 reversible basketball jersey and used both sides in the quilt. So the corners both have the number 2 in them. Turns out Amanda’s number was 22. I had no idea, guys, but her mother saw it immediately.
As I’ve done more shows with more ready made quilts on hand, I started only putting up one demo quilt. I knew what I had to do when I realized I could retire one of the demo quilts forever. I messaged the foundation through their Facebook page and got in contact with mom. I’m happy to say that I was able to finally gift her the quilt earlier this week. I hope it brings her comfort as she and her family continue their ministry to other families as they navigate childhood cancer.
Author Quest QuiltsPosted on July 2, 2021 Categories Empty Bobbins, quiltsTags amanda riley, amanda riley foundation, cancer, childhood cancer, faith, ministry, quilt, t-shirt quilt6 Comments on The Demo Quilt with a Deeper Meaning
This evening I’m featuring my other service. A large part of my business is from t-shirt quilt commissions. I use all sorts of materials and have sewn/quilted fabric as thin as a nightie to as thick as hockey socks. Jerseys, t-shirts, uniforms, jeans – I’ve incorporated them all. I offer anywhere from lap to king size. Take a look at the T-shirt Quilts page for more information.
If you’ve never considered or don’t know where to start when it comes to t-shirt and memory quilts, here is an article I published in my community magazine on tips and what to look for when commissioning a t-shirt or memory quilt. I hope you find it useful.
This is a standard style – nothing fancy.
This is a one featuring borders.
Braves t-shirt quilt from when they won the World Series
This one features borders with squares at the intersections.
A lacrosse coach quilt. This is an in-progress picture because I forgot to take a picture when it was finished.
This one features a mixture of sizes I like to refer to as “jigsaw” style.
Here are some of the less conventional styles I’ve used for a more creative slant.
Crazy quilt style with 3-D boxes
Dog Scarf quilt
Dress shirts with the collar still on.
A runner quilt
Author Quest QuiltsPosted on September 8, 2020 September 8, 2020 Categories UncategorizedTags memory quilt, t-shirt quiltLeave a comment on Online Market Quilt Showcase 4 – T-shirt and Memory Quilts
This quilt was fun and a definite break from my usual mold. We divided the shirts into color families. I knew the some of them had rather big designs, and I wanted to make sure nothing “cool” was left out. For some of them, I just cut the central image in half and made sure each was still in. I rather like the crazy-quilt-shadow-box combo.
A fun bonus is that the white section is excellent for signatures! And can I begin to say how much I just LOVE the neat green and gold scroll design on the backing fabric?!
Author Quest QuiltsPosted on March 20, 2020 Categories quilts, UncategorizedTags crazy quilt, quilt, quilts, school, shadowbox quilt, t-shirt, t-shirt quilt, theater, theatreLeave a comment on Theater T-shirt Quilt
This commission was unique in that it was a memory quilt for a sweet little dog, Munson, who had passed away. His owner was so sweet, and she loved him very dearly as was evidenced by her getting choked up just talking about him. Apparently he had a scarf for every occasion: Thanksgiving, Halloween, 4th of July, Christmas, and many other colors and patterns in between.
After taking a look at them, I realized there were so many variations of fabric and size that my options were limited. The best option to include them all was a crazy-quilt style design. I sorted the scarfs by occasion and/or color and went from there. The owner did give me one t-shirt that she wore, so I made it the centerpiece and worked around from there.
I like that she chose a light blue backing. It reminded me of the sky, and I thought it fitting. This was also one of the first times I’ve added a label onto the quilt. Hopefully I can remember to do it more often.
So here it is – the dog scarf memory quilt. I just love it, and it was wonderful to work with something new.
Author Quest QuiltsPosted on July 18, 2019 July 18, 2019 Categories quiltsTags crazy quilt, dog, dog scarfs, memory quilt, pets, quilts, t-shirt quilt5 Comments on Dog Scarf Quilt
One thing about making t-shirt quilts and memory quilts is that I don’t often get the see the reaction of the actual recipient. I get to see how much the person who commissioned it likes it, but the actual recipient is rare.
So when a customer shares a picture with me of their quilt being loved by the recipient, I cherish it. I’ve gone through and collected some of my favorite pictures from over the years of people loving on their quilts that I made. It’s a good smile for a Friday.
Most recent graduation quilt gifted!
The original memory quilt! First one ever made – for my grandmother.
I think he likes it!
She loved hers so much she brought it to school. My heart!
Pre-school director gets a neat one.
It’s not a quilt, but my dog is definitely a happy recipient.
My buddy loves his Star Wars quilt.
Loved this silhouette quilt almost as much as the new mom.
My husband with this surprise king-size mariner’s compass quilt.
What a fun baby quilt this was to make!
A memory quilt made from dress shirts and t-shirts. This is the mother holding it after it was gifted to her as a surprise.
A graduate holding her t-shirt quilt. I think she liked it.
Baby quilt made from panels for my niece.
Author Quest QuiltsPosted on April 26, 2019 Categories UncategorizedTags baby quilt, graduation, mariner's compass, memory quilt, quilts, Star Wars, t-shirt quiltLeave a comment on Happy customers!
A dear friend and fellow teacher and church member asked me to make memory quilts from her parents’ clothes. This commission was particularly loaded because I knew some of the back story and had seen at least some of the struggle this family faced.
The father had been through a long struggle with Lewy Body Dementia. As a side note, March is Lewy Body Dementia Awareness Month. For more information about this condition and the fight it involves, click here. Having seen the family go alongside the father in this fight, I knew it had taken a huge emotional toll. The mother’s passing was most unexpected. She was a huge figure in the Agnes Scott College community, and friends who I knew from different circles knew of her simply because they were Agnes Scott alumni. For more information on this fantastic college, click here. So yes, the family and community lost two special souls in a short amount of time.
So when my friend brought in three bags of sorted clothes to make three lap quilts, I knew this commission would need to be perfect. Before beginning this quilt, like many of my memory quilts for lost loved ones, I said my memory quilt prayer and then got to work.
The colors were chosen as an homage to both parents, green for dad and purple for mom. Of course, there are numerous shades of green and purple, so we had to get the right one.
My sewing area has terrible lighting. I really should fix that.
After that was the layout and switching around anything that my friend wanted to shift.
Then I sent one picture of one of the pinned quilts and then a last picture of them all ready and folded up. I like to save the final reveal for in-person. We met up, and I was thrilled at how happy she was. It’s a strange hobby when tears mean a job well done.
She sent me follow up pictures of the quilts as they were gifted to her siblings and one of herself underneath her own quilt. Overall, it was a gratifying commission, and I’m thankful to have helped give a wonderful family some degree of comfort. Love you, Abby!
Author Quest QuiltsPosted on March 28, 2019 Categories UncategorizedTags Agnes Scott college, family, father, lewy body dementia, loss, memorial, memory quilt, mother, t-shirt, t-shirt quiltLeave a comment on Three Memory Quilts
A while back I received a request to finish a quilt someone’s neighbor had begun years ago. It was a Harley Davidson quilt.
“The shirts are already cut!” he told me. Normally I brace myself when I hear that because it means more work for me. Folks cut the shirts without stabilizer or with no consistent size. But this fella’s neighbor had done her homework! The shirts were stabilized and mostly consistently cut.
He wanted a different type of border than I’d used in the past, but I could see how’d they’d done it easily enough. The original t-shirt quilt he’d seen was in a museum in Florida.
And typical me…it was raining, so I didn’t get a finished picture.
Here are a couple of in-progress ones. You get the idea.
Author Quest QuiltsPosted on March 26, 2019 Categories UncategorizedTags Harley Davidson, motorcycle, quilt, t-shirt quilt2 Comments on Harley Davidson quilt
I love the craft fairs and being a vendor at them. They’re fun, and I get to meet lots of different people. But one issue I run in to is that I don’t sell many smaller items. Much of my inventory is higher priced, so I’m learning what shows work for me.
Lots of folks will come by and oohhh and aaaahhh, but if they aren’t bothering to look at price tags, they didn’t come prepared to shop. And if you’re selling larger priced items, you need to find shows where people are prepared to shop. Shows that are focused on something else and have thrown vendors in as an aside don’t often do well for larger-priced items.
So I’ve found that Spring shows haven’t done well for me in the past. Let’s face it – quilts don’t sell well in warm weather. I’d sworn I wasn’t going to do anymore Spring shows, but two came up that I just couldn’t resist giving a try.
One is the Riley Day event, April 27th, hosted by the fine people over at the Amanda Riley Foundation. All proceeds from that show go to support families as they deal with childhood cancer, and the more I learn about the Riley family the more I want to support them. So I figure it’s a win no matter what, and the fact that it would reach my niche client group is a major bonus.
The other event is my biggest event yet – the Vintage Market Days of Greater Atlanta, May 31-June 2. Vintage Market Days specializes in antiques, recycled and up-cycled art and decor, and they have shows all over the USA. My daughter and I went on a reconnaissance visit to the Christmas one, and I thought I might do alright at it. My daughter gave her 8 year’s wisdom and agreed that it was worth a shot. Again, the people attending looked like they might be in my niche client group – folks who liked sentimental items, especially re-purposed ones. So I don’t know how my ready-made items will do, but I’m thinking my t-shirt quilt commissions will fair well.
Since the big event is also inside, I’m trying something new with my booth layout, and I’ll use the Riley Day event to test it out. So here’s hoping the new layout pays off.
So if you’re in the area, come on by and say hi!
Author Quest QuiltsPosted on March 6, 2019 March 6, 2019 Categories UncategorizedTags amanda riley, amanda riley foundation, craft fair, quilts, ready made quilts, t-shirt quilt, upcycle, vendor, vintage, vintage market daysLeave a comment on New adventures
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Every so often we read that governments are going to crack down on tax havens and offshore bank accounts. The latest threats to do this have come in the wake of the financial crisis and economic recession that began in 2008.
However, attacking offshore tax havens is not new. And it would appear that such attacks by various politicians rarely amount to more than window dressing to placate the masses and an attempt to divert blame for any economic woes from themselves.
Before answering the second question posed in the title of this article, it would be a good idea to clarify exactly what a tax haven is.
A tax haven is a country which has little or no income tax. Some tax havens have zero income taxes, while others may have very low taxes - or only tax local income not worldwide income.
To give a few examples: If you live in Hong Kong you will be taxed at a flat rate of 17% on your income. On the other hand, if you live in New Zealand you will be taxed on a sliding scale all the way up to 38%. Obviously if you lived and worked in Hong Kong, then you?d be keeping a lot more of your own money.
Another issue is whether a country taxes domestic income only or worldwide income. Most countries tax worldwide income, which means if you live in the USA but earn income in the UK, then the UK income is also taxable and is to be considered part of your total income for tax purposes.
But if you lived in Singapore and made money outside that country, then you wouldn?t be liable for income tax on the overseas income, only your local income. So while Singapore is not considered a tax haven in the usual way, it is in fact a tax haven for those who live there and earn money outside Singapore.
The attraction of tax havens is obvious. If you live there, or do business there, you could end up keeping a lot more of your own money. For it never pays to forget that income tax is a tax on your very life. Your labour is part of your life. If someone were to claim 80% of your labour without pay, and only give you food and shelter in return, then you?d have a good working definition of slavery. And the rates of tax prevalent today are akin to slavery in every way - with most developed countries raking off 50% or more of their resident?s money with income and other forms of tax.
So a tax haven is exactly that - a safe haven, if you will, from predatory taxes.
Trouble is, high-taxing countries hate this. They don?t like having to compete with other countries in the matter of tax. And if truth be told, most governments of the developed world would very much like it if such tax competition was abolished, by getting rid of tax havens.
But it?s not as simple as it appears. The tax code of any particular country is a matter for that country to decide. If Hong Kong levies an income tax of 17% on its residents and New Zealand levies up to 38% - who?s to say that Hong Kong shouldn?t be allowed to do it?
And that?s the problem. The very notion of abolishing tax havens implies abolishing each country?s sovereignty. It means that someone, somewhere, is going to dictate to every country what its income tax rate will be - and that in order to eliminate tax competition the rates for all countries must be the same.
Of course, this will not happen - not without a one world government and a one world tax system.
The truth is tax competition, like any competition, is healthy. The very existence of low tax or no tax jurisdictions keeps other countries on their toes, and draws a line in the sand as to how high they can push their own tax rates - without causing an exodus of their best and most productive people.
But there are other reasons why tax havens and offshore bank accounts will not be abolished any time soon. Human nature. And in particular the nature of many politicians. You see, if there were no tax havens, no places to ?hide? money - then what would the corrupt politicians of this world do with their ill-gotten gains?
No, the powers that be, at the very top echelons, require places where they can stash their cash. All their threats about abolishing or doing away with tax havens are but hot air - and hypocritical to boot. Because at the end of the day the people who benefit most from the existence of different tax rates around the world are the people with money - the same people who pull all the strings. To abolish tax havens would be akin to cutting their own throats.
So don?t expect tax havens and offshore banking to disappear any time soon!
income, tax
Taxpayer Relief in Canada – Do I Qualify
If you have a tax problem in Canada, repercussions with the Canada Revenue Agency can be severe. If you filed your income taxes late or committed an infraction under the Canadian Income Tax Act, like failing to disclose income or writing off expenses that you weren't entitled to, the Canada Revenue Agency has incredible power to punish you. By far the most common weapon that they use to punish you is your pocket book.When an income tax return is filed late and the CRA assesses what you owe, or a previously filed return is re-assessed and new monies are owed, the CRA will add interest and penalties to the amount of the tax debt that you owe. Often times, when an individual has a tax debt, the amount that they owe will double in size once the interest and penalties are calculated.Sometimes individuals have personal circumstances that led to their tax problem which is why taxpayer relief in Canada exists.
Taxpayer relief in Canada is a formal program offered by the Canada Revenue Agency where the CRA can agree to cancel all or part of the interest and penalties. You can qualify under the Taxpayer relief program in Canada for one of the following reasons:A natural disaster like a fire or flood. For example, you misstated expenses resulting in an inaccurate return filing because your basement flooded and all of your receipts were financial hardshipA documented personal issue like a medical problem or death in the familyAn error on the part of the CRAThe only challenge with the Taxpayer relief program in Canada is that it is a long and complicated process and very few applications under this program are granted. To hire a professional to make an application under this program could cost you thousands. In addition, the CRA will not reduce the principal tax debt owed. The CRA does not offer any program that will reduce the principal tax debt that is owed.Before considering making an application under the Taxpayer relief program in Canada you may want to first look at the principal amount of the tax debt you owe and whether you can afford to pay it off at all. Often people who owe a large tax debt are not even in a position to pay it, regardless of whether or not they receive interest and penalty relief under the Taxpayer relief program in Canada.
The longer you stretch out the time that you have a tax problem, the worse the tax problem will become. If the application under the Taxpayer relief program in Canada is denied, you will owe further interest that will have accumulated through the application period. The CRA will also continue to try to collect on the principal tax debt owed.There are other financial programs available that will freeze the interest on the tax debt that you owe and can even eliminate or reduce interest, penalties and the principal tax debt that you owe. These programs can also stop CRA collection action and provide you with immediate relief. These programs are not available through the Canada Revenue Agency, however you may access them through a financial consultant who works with people who have debt problems.
income
Bets on tennis: what a bettor needs to know
Tennis is a very popular discipline in betting among experienced players and beginners. The latter like the absence of a draw, which makes it easier to predict the possible outcome, and the professionals like the diversity of the market. To make money with betting, it is important to use predictions or make them yourself. The World Wide Web is full of offers, but not all of them match your expectations, so beginners should choose carefully.
It is better to search for basketball predictions and today on the sites of legal bookmakers or on information resources, such as Scores24, where only fresh, verified and relevant material is posted. In addition, you can find news, statistics and a lot of other useful information here. Access is completely free.
Why you should read predictions
Not all players use predictions, some rely on luck, but still the majority of bookmakers' customers use the materials of expert articles in their gaming practice - some on a regular basis, others periodically. In fact, the role of predictions is very significant, thanks to their study you can actually increase the chances of a bet being passed. It is worth to specify that the prediction is an article, the author of which shares his opinion about the most probable outcome of the upcoming meeting. Predictions are made on the basis of analysis of a large amount of information and by mathematical calculations. Thanks to predictions:
the amount of work with analytics is reduced;
you spend less time searching for statistical data;
there is access to new facts that can influence the outcome of the meeting;
it becomes possible to compare your own observations and information with other people's opinions, and then draw conclusions about what was missed in your own work.
It is important for every player to remember not to completely trust other people's predictions, because mistakes can be made by anyone, even professionals. They are not a direct guide to action, but recommendations and assumptions from experts about the upcoming game. It is better to use them as additional information material for your own analysis and prediction.
What are the peculiarities of tennis betting
Tennis is an individual sport. Tournaments are held every day, except for a couple of weeks in mid-December, when the vacations begin. And even in that time there may be lesser-known championships, so tennis betting fans do not get bored. And due to the fact that this sport is quite popular, you can find a lot of information on the Internet. Tennis has a number of features that you need to know when making predictions:
It is necessary to bet carefully on the favorite, because a strong tennis player may have a more important tournament on the horizon, which means he will save his strength at the beginning of the game.
When making a prediction, it is necessary to take into account the players' physical condition. Do not forget about the fact that only two sportsmen are playing on the court, and no substitutions are provided. It is worth paying attention to injuries, even minor ones. They can play a cruel joke at the most inopportune time.
Rankings in the standings play an important role. With its help you can understand the current strength of tennis players. The peculiarity is that behind high positions in the rankings there are wins in prestigious championships.
In live mode, it is important to watch the serves of the players. If one of them loses serves, there is no need to bet on his winnings.
The data used to make a prediction not only reduces the probability of losing, but also improves knowledge about a given sport discipline.
Predictions contain a lot of important information. If you apply them correctly, you can not only make money on bets, but also build up your own knowledge base that will help you make bets in the future.
What to keep in mind when making a prediction
To make a high-quality and most accurate prediction, the player needs to take into account the factors that affect the outcome of the match. These include:
tournament level;
physical and emotional condition of the players;
type of court surface on which the tournament will be held;
face-to-face meetings of opponents;
the psychological stability of the sportsmen;
expected weather conditions;
motivation;
These are the main factors that are important not to forget. But for greater efficiency, it is better to consider additional ones as well. For example: the coaching staff, the relationship with other players, the length of breaks between matches.
If you take all factors into account when making your own predictions, you can independently make good conclusions about the upcoming meeting. With experience, the process will go faster, and the luggage of knowledge will increase significantly, which will positively affect the performance of the game on the bets.
The best prediction is the one that is made independently, taking into account all possible nuances. It is better to educate yourself and carefully analyze the games and information than rely on expert opinions. Only with experience you will understand that careful information is the key to success. And, of course, you should not forget about controlling your emotions and bankroll.
income, tax
Income taxes are a substantial burden for business owners and real estate investors. There are few actions which can reduce your 2006 taxes after December 31, 2006. Unfortunately, most options to decrease revenues or increase exepnses are no longer available after year-end. This article summarizes four options for reducing your 2006 federal income taxes during 2007. These include reducing revenue, increasing real estate depreciation, increasing expenses by conducting a fixed asset audit and increasing expenses by converting capital expenditures into operating expenses.
The basic process for calculating income taxes is simple:
Revenue - expenses = net income, or taxable income,
Taxable income x tax rate = income taxes
Two options for reducing income taxes are to reduce revenues or increase expenses. It is not possible to change the tax rate except through congressional action. It may be possible to reduce revenue for taxpayers on an accrual accounting system. Taxpayers may be able to increase expenses by increasing real estate depreciation, personal property depreciation or operating expenses.
Accrual accounting recognizes revenue when it is earned. Cash basis accounting recognizes revenue when payment is received. Accrual basis taxpayers can review revenue which has been booked but not yet received. In some cases, it may be appropriate to increase the allowance for bad debt. There is little cash basis taxpayers can do to reduce revenue (after the end of the year).
Most real estate owners can sharply increase depreciation by obtaining a cost segregation study. Real estate depreciation schedules are typically established by simply separating land and long-life property. Long-life property is depreciated over 27.5 years for rental residential property and 39 years for commercial property. Cost segregation can usually increase depreciation by 50% to 100% during the first five to seven years of ownership by allocating a portion of the cost basis to 5, 7 and 15 year property. In addition, real estate owners can "catch-up" depreciation under reported in prior years without filing amended tax returns.
Fixed asset audits can be a cost effective means to increase operating expenses by removing phantom assets, removing operating expenses mistakenly coded as capital expenditures and correcting the depreciable life for incorrectly coded items. Phantom assets can include assets which have been lost, stolen or disposed of without removing them from the accounting records. The undepreciated basis of these assets can be converted to an operating expense after the error is discovered. In some cases, substantial operating expenses are incorrectly added to the fixed asset listing as capital expenditures. This could include items such as substantial roof repair or parking lot repair. The undepreciated basis of these items can be converted to an operating expense and written off when the error is discovered. The fixed asset listing is massive for many companies, sometimes exceeding 1,000 pages. With so many assets, it is difficult to ensure all are accurate. For items added with an incorrect and excessive depreciable life, it is possible to revise the asset life and "catch-up" depreciation under reported in prior years without filing an amended tax return. Instead, a form 3115 is filed with the tax return.
The difference between capital expenditures and operating expenses is often subjective. Are substantial roof repairs a capital expense or an operating expense? Reviewing disbursements which were listed as capital expenditures in 2006 may uncover items which can be converted to operating expenses.
Federal income taxes are a substantial expense for successful businesses. Tax planning is less glamorous than purchasing a new company or developing a new division. However, a modest effort focused on reducing federal income taxes can sharply increase net income.
Patrick O?Connor, MAI is president of O?Connor & Associates, a 180-person real estate services firm in business since 1974. Further information on reducing income taxes is available at: O?Connor can be reached at 713 686 9955 or poconnor@.
tax
High Tech Tax Accountants – Ready at Your Services
It has been rightly said that people must adopt their work in a proper manner. The right person must always have right kind of job. This is one certainty that makes people to achieve the desired job that they are seeking to attain. It has primarily been observed that the basic thing that comes to your mind when discussing regarding the continuation of any business is going on is the nature that you will retain for your business type. It is a very important thing to be confirmed with the type of business you are about to pursue.After considering the fact next step involves the matter of kind of business, is it sole proprietor or partnership. It is pretty sure that after you are done with such formalities the important thing that is left with you is the issuing of professionals for your company that will help you access your company in a smooth and retainable manner. It is pretty obvious that every company requires an accountant that looks after various expenses and the accounts department. With the use of services rendered by Apex services it has become a certain thing for you to make in use of some well qualified and dignified Accountants in London that will not only assist your accounting department but will also suggest you in taking some sound decisions which proof fruitful for your company worth.The company is not only excelling in providing you with best of apex services but it is also keeping in mind various accounting tasks, like that of book keeping, finance, etc. At apex services you can feel free to put your things in a simplified manner and you are assured to get a perfect solution for it.
The company is making its best efforts in recognizing your accounts in best possible manner. It is also providing you with best of Accountants London that are always ready to assist you in every possible manner and condition. It is a time saving option for you that help you in calculating the average sales and corporation tax of the company.You can easily get things in most modified and collective manner. In real terms if it comes to notice you always need to keep a proper balance between the expenses of the company along with the amount that is being rendered in tax and all. For this purpose you can also issue the prompt Bookkeeping Services that are available for you and helps you maintain a proper balance in just no time. For any company, it is only its accounts department which is the major operator of business, but when it comes to qualifying on the Tax Returns, you certainly need a hand that not only assist you but also provide you with some suitable options in order to maintain your records in a linguistic manner. So, now you can get in proper training from London's best Tax Accountants which are there at your help from Apex services.
finance, income, tax
Dec 15, 2021 by turbotaxlogin 0 Comments
Self managed super fund (SMSF) audit and compliance strategies can help SMSF trustee(s) to meet their legal responsibilities, to reduce administrative burdens and to avoid unnecessary breaches of the superannuation law.
SMSF trustee(s) must know and understand their obligations to ensure their SMSFs are compliant.
The ATO Compliance Program 2009-10 details the tax and superannuation compliance risks the ATO is most concerned about for SMSFs ? and explains what the ATO is doing to address those risks. You can access the program at the ATO.
The compliance program for 2009-10 concentrates on regulatory issues including:
? loans;
? in-house assets;
? borrowings; and
The ATO's key tips for SMSF compliance are:
? Trustee(s) and their advisors must treat the SMSF on the one hand, and the trustee(s) personal business assets on the other hand, as independent.
? Lodge income tax returns on time and pay the supervisory levy. Non-lodgement is seen as a contravention and an SMSF can be made non-complying as a result. If an SMSF does not lodge on time, then it immediately attracts the attention of the ATO which will then examine the SMSF's overall compliance.
? Avoid misreporting and calculation errors with SMSF annual returns.
? Ensure all assets are re-valued to their current market value before starting to pay a pension.
? Keep all documents used to prepare the SMSF's annual return. You need to keep documents that:
o explain how the SMSF's income has been generated;
o explain the SMSF's deductible expenses;
o are used to prepare the SMSF's returns, accounts and statements;
o are used to calculate the SMSF's income tax liability; and
o are used by an independent auditor to determine how the SMSF's has complied with super laws.
What are the most common reporting errors?
The most common reporting errors made by SMSFs relate to:
? Residency ? the SMSF must meet the criteria to be classified as an Australian super fund. See taxation ruling TR2008/09 and previous ClearLaw articles
o Compliance with SMSF residency rules ? recent case
o SMSFs borrowing and residence "Into the red: non-compliance and leveraged SMSFs"
? Reporting of non-arm's length income ? often reported incorrectly due to misreporting and tax agent error i.e. incorrect trust codes;
? Insurance premium claims ? an SMSF may use a variety of life policies to provide super benefits on death or temporary or permanent disability of members. There is an allowable deduction of 30% of the premium if the policy is a whole-of-life policy.
? Illegitimate deductions for investment expenses ? due to either overstatement or incorrect claims on the annual return. The ATO has found the most common reason for misreporting was recording items that were capital in nature using the incorrect "label";
? In specie distributions ? failing to record the true market value of an asset in the accounts can lead to circumvention of the contribution caps and a transfer can lead to revenue risks including the avoidance of CGT; and
? Recording SMSF assets ? SMSF trustee(s) should appropriately record the assets of their SMSFs as being held on trust for the beneficiaries of the fund.
In certain states, the legislation may prevent trustee(s) from holding assets using the SMSF's name in the title. In this case, the ATO states that a caveat, instrument or declaration of trust must be executed for the asset. For example, this may include the trustee for the SMSF as the asset owner (i.e. John Smith as trustee for John Smith Super Fund).
How does the ATO deal with SMSF compliance breaches?
The ATO's stated approach in response to a breach is to further educate trustee(s) and tax agents so that they are aware of their responsibilities and obligations. The action the ATO then takes when an SMSF breaches the law depends on the individual circumstances.
When considering action taken by SMSF trustees, the ATO looks at:
? the seriousness of the breach;
? the behaviour of the trustee(s); and
? the tax consequences.
When non-compliance is established, the ATO will issue a non-compliance notice to the SMSF trustee(s).
The ATO's approach is to work with SMSF trustee(s) to help them rectify breaches largely caused by circumstances outside their control. However, if the trustee(s) make no effort to rectify the breach, then the SMSF may be classified as non-complying. As a consequence, its concessional tax treatment will be cancelled retrospectively.
What are the regulatory penalties?
Failure to comply with the Superannuation Industry (Supervision) Act 1993 and the Superannuation Industry (Supervision) Regulations 1994, can result in the ATO imposing a range of penalties.
? Suspend or remove a trustee, or all of the trustees of a SMSF. If they are suspended, then the ATO must appoint a constitutional corporation or an individual as the 'acting trustee' during the period of suspension. The ATO may then direct the acting trustee to do any number of acts or things which may include winding up the SMSF or disqualifying the trustee(s);
? Disqualify a trustee (or a director of a trustee) for not being a fit and proper person;
? By written notice, direct a trustee (or a director of a trustee) not to dispose of or otherwise deal in a particular way, any of the assets of the SMSF until the notice is revoked;
? freeze an SMSF's assets; and
? impose fines and imprisonment. If a trustee (or a director of a trustee) is found guilty of either any civil or criminal offence under a civil penalty provisions, then the maximum penalties that may apply under Part 21 of the SIS Act are $220,000 (civil proceedings) or five years imprisonment (criminal proceedings) (or both).
Do any other types of penalties exist?
For less serious matters, the ATO may agree to allow trustee(s) to rectify the problem (without the ATO necessarily imposing regulatory sanctions).
Administrative income tax penalties may apply if the trustee(s) make a statement (or fail to lodge a statement) that results in the underpayment of tax. The penalty imposed depends on the conduct of the trustee(s).
A general interest charge is also applied to tax payments not received by the due date. The general interest daily charge rate is worked out by adding seven percentage points to the 90 day bond accepted bill rate for that day, and dividing that total number by the number of days in the calendar year.
Can SMSF trustee(s) appeal ATO decisions?
Trustee(s) can appeal an ATO decision by applying to the Administrative Appeals Tribunal to reverse the decision.
What information does the ATO make available on SMSFs?
The main types of ATO SMSF advice available are:
SMSF public rulings, SMSF determinations and SMSF product rulings; and
SMSF specific advice.
Read about the differences between private and public rulings here under paragraph 1 of the Pre-Audit Strategy.
The requirement for SMSF product rulings and SMSF specific advice is that the ATO must be provided with all relevant facts in relation to the matters on which the SMSF advice is sought.
The ATO provides SMSF specific advice in writing to a specific transaction or arrangement that SMSF trustee(s) have entered into, or might, enter into. The ATO advice is based on the facts of the specific transaction or arrangement defined in the application for SMSF specific advice. While similar in form to a tax private ruling, SMSF specific advice is not binding on the ATO and does not have the same review rights as a private ruling.
income
Nov 18, 2021 by turbotaxlogin 0 Comments
All Companies need to make sure that their financial affairs are life form dealt by specialist accountants. This kind of situation is also appropriate to all IT contractors and freelancers. Like all other business, they must also sign up with a reputable, specialist accountant that will grip their financial and accounting needs.Dealing with information and storage bin and payroll issue is not the job for an IT contractor and it is not part of their know-how. They may have the depth of information to deal with financial issue and document work but in its place of commerce with it, it is better to hire a of good standing accountant to do all this for them.Here are a number of of the instructions that contractor can think in looking for an accountant.First of all, create certain to hire specialist. Before seem at no matter which else, you require looking for a side of expert contractor accountants. Of route, you will most absolutely want to employ an accountant that understands tax issue concerned in a contracting business. You should look for firms who commerce with the contractor /freelance market.Second, look for extra armed forces that they present. Like any other business, accountants for contractors also offer letters to their clients.
This may comprise things such as conclusion of your annual self appraisal come back and IR35 contractual suggestion. If you are now about to start your agreement, your accountant can also help you with some issues in setting up your own company. They can help you list for VAT and any other armed forces that will need their know-how.Third, make sure the cost they are charging. More often than not, contractor accountants may give a total accountancy repair for a fixed journal fee. Though, you must fully examine the services that the packages comprise. Make sure that the quantity that you will pay will be equivalent to value of the repair that they will give. Usually, the monthly packages include dealings with the tax authorities, PAYE and NI calculation, conclusion of TAX income and year-end accounts.Fourth, you must provide some consideration to their information of tax legislation.
They must be knowledgeable of IR35, managed service companies and income shifting since each of these issues has a big result on the majority of contractors.Fifth, you must think the services that they give. Like what is mention previous, you must be conscious of the services that they give. You can contact several contractor accountants and find out about the services that they provide. You can compare the services that they provide including the fees that they incur and select the best contractor that will suit your requirements.I know one such kind of company which is very well known for Accountants and ir35 Accountants, known as KB Accountancy Group. For more information click on this link:
finance, income
How To Find The Best Personal Injury Lawyers
Oct 13, 2021 by turbotaxlogin 0 Comments
If you've been injured in an accident, then you may be able to recover compensation. Remember that you must take legal advice from a quality personal injury lawyer as soon as possible after your accident to ensure that you receive the compensation you deserve. Get legal help for your injuries by finding an injury lawyer that has experience in your claim area and is confident they can help you.
If you consider asking a personal injury lawyer for legal assistance, you must not be discouraged by the sudden mesh of advertisements of various law firms and independent personal injury lawyers everywhere. For your information, there is an easier way to find the best legal counsel for your personal injury case ? learn how to find a lawyer through an online directory. By this, you?ll be able to save time, money and effort, and you?ll not be searching through databases of reliable, experienced and previously-screened attorneys in your geographic region.
In searching a personal injury attorney, you won't even have to pay him unless you win a settlement for your case. Upon using a good online lawyer directory, you?ll be able to know the particulars on your legal fees, your location will then be considered, and will then weigh highly in your list of responses. What?s truly important, however, is the history of your potential attorney in handling your type of case. Since the law can be complex and complicated, you must be sure that you?ll retain the best-trained personal injury lawyer possible.
In addition, you don?t only need a personal injury lawyer who excels in personal injury law. You also need someone who completely understands the jurisdiction of your region. Also, you must ask yourself this question before hiring a personal injury lawyer ? Are you comfortable with that lawyer and are you confident in his abilities? If the answer is anything other than a resounding "yes," you must keep looking. Your case is too important to entrust to someone who does not inspire your confidence.
When you start looking for personal injury lawyers in your area, don't randomly pick names from advertisements that stretch the truth. Take advantage of matching services and ensure that your needs are going to be met. When you find the best possible resource for personal injury lawyers, you will have a greater chance of turning a bad situation into one that you can cope with. Take just a little time and try using one of these services. You?ll never know, you may not have to go any further to find the most competent counsel for your legal needs!
income, tax
Sep 16, 2021 by turbotaxlogin 0 Comments
CEOs have one of the most stressful jobs as they are the company's owner. Being the company leader, you should oversee the entire operations of your company. With the many responsibilities and grand expectations that come along with your job, a worry-free day may be rare for you. However, do not let this be the case! While your job may require a lot from you, you have to keep in mind that your health is as precious as your company. Running your business properly wouldn't be possible when you are unhealthy. So, instead of increasing your hassles level and risking your health, search for a company offering tax service. Currently, other enterprises are doing the same thing because this option is deemed more beneficial for businesses. Entrusting the preparation and filing of your taxes to a professional tax service provider is a good way of ensuring that your taxes are properly and accurately computed. This is because a professional company specialising in tax services is staffed with qualified and trained tax specialists.
Furthermore, by working with a tax service provider, you don't have to worry about filing your taxes as the firm's going to do it for you. They ensure you that your tax returns are filed on time and you don't have to worry for the last moment searching CPAs to file your return. Basically, the greatest benefit of outsourcing the preparation of your corporate taxes is that you spare your company from having unnecessary expenditures because of government fines and sanctions arising erroneous tax computations or delayed payment. What's more is that you get expert service at a lower price as compared to forming your in-house accounting team. Outsourcing your tax return preparation services is helpful for companies as they don't have to appoint seasonal employees and they can save their overhead expenses. With the relatively affordable cost and the several benefits of outsourcing tax service, there is no reason for you to not prefer this. More and more CPAs and accounting firms are opting to outsource tax return to India to help minimize operating cost and maximize efficiency and gain competitive advantage. As a business owner your time is best spent doing what you do well - working with customers. Time spent on preparing tax returns add little or no value to your customer relationship. Remember that with this option, you don't just safeguard your health but also your company's welfare.
tax
Aug 17, 2021 by turbotaxlogin 0 Comments
Managing the taxes in any new country can be a cumbersome task. If you are migrating to a new country you have to understand its rules and regulations very well so that your taxes can be managed properly. Those who are migrating to Australia will have to keep tab on the different taxes that will be levied on them. One such tax is the Migration Tax Australia. You can find about this tax from your tax consultant.It is advisable that you use the services of a tax consultant in Australia. It will relive you of the entire burden. The taxation policy of Australia is not easy to understand. It is best to hire a tax consultant so that you are not confused and end up paying extra tax. Australian businesses may be required to pay taxes to all levels of local, state and federal governments. In Australia, these taxes are used to pay for the delivery of public services such as the public hospital system and roads.If you are buying a property on Australia you need to pay tax for it. The Mortgagee specialist will guide you through the whole process and you will be able to understand Australian property tax without any problem. To solve the entire problems of Australian Property Finance and the complication of tax to be paid while buying or selling a property you can take the services of a consultant. Your entire headache will be gone and you will be totally free of stress with regard to tax matters. You can concentrate solely on your business after taking a consultant's services.
When you have been staying in this country for a few years you will be able to understand the policies, but in the initial stage of your stage it is very difficult to comprehend the various rules and regulations. The services of a tax consultant comes in very handy and you will be able relaxed regarding your tax affairs.The services provided by the companies can be taken by you according to your convenience. If you want to use any one service you can take that service only. It is advisable to select a company that will provide you the services that you want. There can be no doubt that it will be for your advantage if you use them.
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Borrower cannot claim extension of time period under One time settlement scheme (OTS) as matter of right.
NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :
An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana
Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT
Legal News
Pregnancy Termination-What does Supreme Court Says?
Legal News
Pregnancy Termination-What does Supreme Court Says?
Termination of Pregnancy – Unmarried women, single women, or women without partner has right to abort pregnancies up to twenty-four weeks.
Termination of Pregnancy – Only woman’s consent (or her guardian’s consent if she is a minor or mentally ill) which is material – Registered medical practitioners must refrain from imposing extra-legal conditions on women.
Termination of Pregnancy – Rape including marital rape, solely for purposes of Medical Termination of Pregnancy Act and any rules and regulations.
Adolescent pregnancies – Registered medical practitioners exempted from disclosing minor’s identity in any criminal proceedings which may follow from Registered medical practitioner’s report under Section 19(1) of POCSO Act.
Prohibiting unmarried or single pregnant women from accessing abortion while allowing married women to access them during same period would fall foul of spirit guiding Article 14.
Unmarried woman right of choice on whether or not to bear a child, on similar footing of married woman.
A. Medical Termination of Pregnancy Act, 1971, Section 3 – Medical Termination of Pregnancy Rules 2003, Rule 3B(a) – Indian Penal Code, 1860, Section 375, Exception 2 – Marital Rape – Notwithstanding Exception 2 to Section 375 of the IPC, meaning of words “sexual assault” or “rape” in Rule 3B(a) includes husband’s act of sexual assault or rape committed on his wife – Meaning of rape including marital rape, solely for purposes of MTP Act and any rules and regulations framed thereunder – Any other interpretation would have effect of compelling woman to give birth to and raise child with partner who inflicts mental and physical harm upon her.
B. Medical Termination of Pregnancy Act, 1971, Section 3 – Medical Termination of Pregnancy Rules 2003, Rule 3B(a) – Termination of pregnancy – It is only woman’s consent (or her guardian’s consent if she is a minor or mentally ill) which is material – Registered medical practitioners must refrain from imposing extra-legal conditions on women seeking to terminate their pregnancy in accordance with law and they need only ensure that provisions of Medical Termination of Pregnancy Act (along with the accompanying rules and regulations) are complied with.
C. Medical Termination of Pregnancy Rules 2003, Rule 3B(c) – Protection of Children from Sexual Offences Act, 2012, Section 19(1) and 21 – Termination of adolescent pregnancies up to twenty-four weeks – Registered medical practitioners who has provided information under Section 19(1) of POCSO Act (in reference to minor seeking medical termination of a pregnancy under the MTP Act) exempted from disclosing minor’s identity in any criminal proceedings which may follow from Registered medical practitioner’s report under Section 19(1) of POCSO Act – Such interpretation would prevent any conflict between statutory obligation of RMP to mandatorily report offence under POCSO Act and rights of privacy and reproductive autonomy of minor under Article 21 of Constitution – Thus, it cannot possibly be legislature’s intent to deprive minors of safe abortions.
D. Constitution of India, 1950, Article 14 – Medical Termination of Pregnancy Act, 1971, Section 3 – Medical Termination of Pregnancy Rules 2003, Rule 3B(c) – Permission to terminate pregnancy before completion of twenty-four weeks – Whether Rule 3B includes unmarried women, single women, or women without partner under its ambit – Interpretation to Rule 3B – Held, object of Section 3(2)(b) of MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to change in material circumstances of women – In view of object, no rationale for excluding unmarried or single women from ambit of Rule 3B – Narrow interpretation of Rule 3B, limited only to married women, would render provision discriminatory towards unmarried women and violative of Article 14 of Constitution.
E. Constitution of India, 1950, Article 14 – Right to equality – Article 14 requires state to refrain from denying to any person equality before law or equal protection of laws – Prohibiting unmarried or single pregnant women (whose pregnancies are between twenty and twenty-four weeks) from accessing abortion while allowing married women to access them during same period would fall foul of spirit guiding Article 14.
F. Constitution of India, 1950, Article 21 – Medical Termination of Pregnancy Act, 1971, Section 3 – Medical Termination of Pregnancy Rules 2003, Rule 3B(c) – Termination of pregnancy – Held, rights of reproductive autonomy, dignity, and privacy under Article 21 give unmarried woman right of choice on whether or not to bear a child, on similar footing of married woman.
Leave granted.
This appeal arises out of the judgment of a Division Bench of the High Court of Delhi dated 15 July 2022. The appellant invoked the writ jurisdiction of the High Court seeking its permission to terminate her pregnancy before the completion of twenty-four weeks on 15 July 2022. Other ancillary reliefs were sought. For convenience of reference, the reliefs claimed before the High Court are extracted below:
“A. Permit the Petitioner to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or Hospital before 15.07.2022 as her relief will be infructuous after that as the pregnancy will be of around 24 Weeks by that time;
B. Restrain the Respondent from taking any coercive action or criminal proceedings against the Petitioner or any Registered Medical Practitioner terminating the pregnancy of the petitioner at any approved private center or hospital registered by Govt NCT of Delhi;
C. Direct the Respondent to include unmarried woman also within the ambit of the Rule 3B of the Medical Termination of Pregnancy Rules 2003 (as amended on 21.10.2021) for termination of pregnancy under clause (b) of sub-section (2) Section 3 of the MTP Act, for a period of up to twenty-four weeks;
D. Order an immediate Interim Relief of Stay during the course of proceedings”
The appellant is an Indian citizen and a permanent resident of Manipur. She is currently residing in New Delhi. The appellant averred that she is the eldest amongst five siblings and that her parents are agriculturists. At the time of the institution of the Writ Petition before the High Court of Delhi, WP(C) 10602/2022 the appellant was carrying a single intrauterine pregnancy corresponding to a gestational age of twenty-two weeks. The appellant is an unmarried woman aged about twenty-five years, and had become pregnant as a result of a consensual relationship. The appellant wished to terminate her pregnancy as “her partner had refused to marry her at the last stage.” She stated that she did not want to carry the pregnancy to term since she was wary of the “social stigma and harassment” pertaining to unmarried single parents, especially women. Moreover, the appellant submitted that in the absence of a source of livelihood, she was not mentally prepared to “raise and nurture the child as an unmarried mother.” The appellant stated that the continuation of the unwanted pregnancy would involve a risk of grave and immense injury to her mental health.
The appellant sought permission to terminate her pregnancy in terms of section 3(2)(b) of the Medical Termination of Pregnancy Act 1971 “MTP Act” and Rule 3B(c) of the Medical Termination of Pregnancy Rules 2003 “MTP Rules” (as amended on 12 October 2021). The appellant instituted a Criminal Miscellaneous Application CM Application 30708/2022 for grant of interim relief to terminate her pregnancy during the pendency of the Writ Petition.
By its order dated 15 July 2022, the High Court issued notice restricted only to prayer C of the Writ Petition, and rejected the Criminal Miscellaneous Application, effectively rejecting prayers A and B. The High Court observed that Section 3(2)(b) of the MTP Act was inapplicable to the facts of the present case since the appellant, being an unmarried woman, whose pregnancy arose out of a consensual relationship, was not covered by any of the sub-clauses of Rule 3B of the MTP Rules. The High Court held that:
“8. The Petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the Clauses under the Medical Termination of Pregnancy Rules, 2003. Therefore, Section 3(2)(b) of the Act is not applicable to the facts of this case.
Learned counsel for the Petitioner states that Rule 3B of the Medical Termination of Pregnancy Rules, 2003 is violative of Article 14 of the Constitution of India, 1950, inasmuch as it excludes an unmarried woman. Whether such rule is valid or not can be decided only after the said rule is held ultra vires, for which purpose, notice has to be issued in the writ petition and has been done so by this Court.
As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003, stands, and this Court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the Statute. Granting interim relief now would amount to allowing the writ petition itself.”
The order of the High Court gave rise to the present appeal. Notice was issued on the Petition for Special Leave to Appeal on 21 July 2022. This Court, by its order dated 21 July 2022 modified the order of the High Court and permitted the appellant to terminate her pregnancy. This Court passed the following ad interim order:
“22. In the above background, we pass the following ad interim order:
(i) We request the Director of the All India Institute of Medical Sciences, Delhi to constitute a Medical Board in terms of the provisions of Section 3(2D) of the Act, extracted in the earlier part of this order, during the course of 22 July 2022; and
(ii) In the event that the Medical Board concludes that the fetus can be aborted without danger to the life of the petitioner, a team of doctors at the All India Institute of Medical Sciences shall carry out the abortion in terms of the request which has been made before the High Court and which has been reiterated both in the Special Leave Petition and in the course of the submissions before this Court by counsel appearing on behalf of the petitioner. Before doing so the wishes of the petitioner shall be ascertained again and her written consent obtained after due verification of identity.”
Counsel for the petitioner and the respondent stated that a Medical Board was constituted at the All India Institute of Medical Sciences “AIIMS”. The Board noted that the petitioner had consented to the termination of her pregnancy and the procedure could be undertaken without danger to her life. The report submitted by AIIMS indicates that the termination of the pregnancy was safely carried out.
As the case involves a substantial question of law, this Court has taken it up for further consideration. The Writ Petition before the Delhi High Court shall stand transferred to this Court. The significant issue which comes up for determination in this appeal turns on the interpretation of Rule 3B of the MTP Rules.
B. Submissions
Dr. Amit Mishra, learned counsel appearing on behalf of the appellant made the following submissions:
a. The appellant was an unmarried woman whose partner had refused to marry her. She did not wish to continue the pregnancy and have the child out of wedlock as she lacked the financial resources to do so. She was not employed and her parents were farmers;
b. She was also not mentally prepared to raise a child by herself. If she was compelled to do so, it would cause grave injury to her physical and mental health. The appellant was not prepared to face the social stigma surrounding unwed mothers; and
c. Section 3(2)(b) of the MTP Act and Rule 3B of the MTP Rules are arbitrary and discriminatory because they exclude unmarried women from their ambit. They discriminate against women on the ground of marital status, in violation of Article 14 of the Constitution.
Ms. Aishwarya Bhati, learned senior counsel and Additional Solicitor General has ably assisted this Court in the interpretation of Section 3(2) of the MTP Act and Rule 3B(c) of the MTP Rules. She made the following submissions in support of the argument that Rule 3B(c) extends to unmarried or single women who are in long-term relationships:
a. The interpretation of legislation must be guided by the text and context of a statute as well as the object it seeks to achieve. The Statement of Objects and Reasons of a statute must also guide its interpretation;
b. Modern legislations ought to be read in view of the evolution of society from the time of enactment. The literal construction of beneficial legislations must be avoided, and they ought to be given a purposive interpretation;
c. A subordinate legislation should give effect to the statute it is enacted under. If two constructions are possible, the interpretation in consonance with the statutory scheme ought to be adopted;
d. The term “change of marital status” in Rule 3B(c) ought to be interpreted as “change in the status of a relationship” to include unmarried or single women as well as women who are not divorced but are separated or have been deserted;
e. “Live-in relationships” are equivalent to marital relationships because in both types of relationships, the woman is entitled to maintenance. Further, the children born out of such a relationship are vested with the right of succession. Various national legislations, including the MTP Act, do not make a distinction between married women and unmarried or single women; and
f. Women enjoy the right to bodily integrity and autonomy, as well as reproductive rights. They are entitled to exercise decisional autonomy.
C. The Medical Termination of Pregnancy Act 1971 and the rules framed thereunder
Before we embark upon a discussion on the law and its application, it must be mentioned that we use the term “woman” in this judgment as including persons other than cis-gender women who may require access to safe medical termination of their pregnancies.
In India, termination of pregnancies is to be done strictly in terms of the MTP Act. The preamble of the MTP Act states that it is an “Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto.” The MTP Act specifies the requirements to be fulfilled for terminating a pregnancy, including the persons who are competent to perform the termination procedure, circumstances when abortion is permissible, and places where the procedure may be performed.
Section 3 of the MTP Act, as amended by the Medical Termination of Pregnancy (Amendment) Act 2021 (8 of 2021), “MTP Amendment Act 2021” provides for when pregnancies may be terminated:
“Section 3 – When pregnancies may be terminated by registered medical practitioners
(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
2[(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,–
(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that–
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or
(ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.
Explanation 1.–For the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.–For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
(2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act.
(2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board.
(2C) Every State Government or Union territory, as the case may be, shall, by notification in the Official Gazette, constitute a Board to be called a Medical Board for the purposes of this Act to exercise such powers and functions as may be prescribed by rules made under this Act.
(2D) The Medical Board shall consist of the following, namely:–
(a) a Gynaecologist;
(c) a Radiologist or Sonologist; and
(d) such other number of members as may be notified in the Official Gazette by the State Government or Union territory, as the case may be.
(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman’s actual or reasonably foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.”
Section 3 provides that registered medical practitioners “RMP” shall not be guilty of committing any offence under the Indian Penal Code 1860 “IPC” or under any other law for the time being in force if they terminate pregnancies in accordance with the MTP Act. Sub-section (4) of Section 3 stipulates that a pregnancy shall not be terminated except with the consent of the pregnant woman,[9] and if the woman is below 18 years of age or is mentally ill, with the consent of her guardian.[10] Subject to the requirement contained in sub-section (4) of Section 3, sub-section (2) of Section 3 provides that a pregnancy may be terminated by a registered medical practitioner subject to the conditions laid down therein. Pregnancies may be terminated where they do not exceed twenty weeks[11] and for certain categories of women where they do not exceed twenty-four weeks.[12] Section 3(2)(a) of the MTP Act permits the termination of a pregnancy where the length of the pregnancy does not exceed twenty weeks. Section 3(2)(b) of MTP Act permits the termination of a pregnancy, where the length of the pregnancy is between twenty and twenty-four weeks, of such categories of women “as may be prescribed by Rules.” These pregnancies under Section 3 may be terminated if the medical practitioner in question (or in the case of pregnancies between twenty and twenty-four weeks, not less than two registered medical practitioners) is, in good faith, of the opinion that:
a. The continuance of the pregnancy would put the pregnant woman’s life at risk (Section 3(2)(i));
b. The continuance of the pregnancy would involve grave danger to the pregnant woman’s physical health (Section 3(2)(i));
c. The continuance of the pregnancy would involve grave danger to the pregnant woman’s mental health (Section 3(2)(i)); or
d. There is a substantial risk that the child would suffer from a serious physical or mental abnormality, if it is born (Section 3(2)(ii)).
In determining whether the continuation of the pregnancy would involve grave danger to the pregnant woman’s physical or mental health, her actual or reasonably foreseeable environment may be taken into account.[13*] We are of the opinion that significant reliance ought to be placed on each woman’s own estimation of whether she is in a position to continue and carry to term her pregnancy.
The explanations to Section 3(2) provide for two legal presumptions indicating what constitutes a grave injury to the pregnant woman’s mental health. Explanation 1 stipulates that pregnancies which occur due to the failure of a contraceptive device or method used by a woman or her partner for limiting the number of children or preventing pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman, if the pregnancy has not exceeded twenty weeks. A similar legal presumption is provided for in Explanation 2, which stipulates that where a woman alleges that a pregnancy was caused as a consequence of rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to her mental health. The legal presumption in Explanation 2 is applicable to all pregnancies which have not exceeded twenty-four weeks.
Pregnancies may be terminated only in a hospital established or maintained by the government,[14] or any place approved for the purposes of the MTP Act either by the government or by a District Level Committee constituted in terms of Section 4(b). Further, the provisions of Section 4 and the provisions in Section 3(2) (which relate to the length of the pregnancy and the requirement for the opinion of at least two RMPs) shall not apply to the termination of pregnancies by an RMP, where the RMP is, in good faith, of the opinion that the termination of the pregnancy is immediately necessary to save the life of the pregnant woman.[15] The MTP Act also seeks to protect the privacy of a woman who has terminated a pregnancy – any RMP who reveals the name or other particulars of such a woman shall be liable to be sentenced to imprisonment which may extend to one year, or with fine, or both.[16] The MTP Act vests the Central Government with the power to enact rules to carry out its provisions[17] and the State Governments with the power to enact regulations in certain cases[18*].
In exercise of this power, the Central Government notified the MTP Rules. The MTP Rules govern various aspects of the medical termination of pregnancies: they include rules on the District Level Committee,[19] the Medical Board,[20] RMPs,[21] and the place where a pregnancy may be terminated.[22] Rule 3B, recently amended by the Medical Termination of Pregnancy (Amendment) Rules 2021,[23*] is relevant for the purposes of the present discussion. It governs the categories of women under clause (b) of sub-section 2 of Section 3 who may have their pregnancy terminated if the length of their pregnancy exceeds twenty weeks but does not exceed twenty-four weeks. It states:
[23* “MTP Amendment Rules”]
“3-B. Women eligible for termination of pregnancy up to twenty-four weeks.-The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of sub-section (2) Section 3 of the Act, for a period of up to twenty-four weeks, namely-
(c) change of marital status during the ongoing pregnancy (widowhood and divorce);
(d) women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)];
(e) mentally ill women including mental retardation;
(f) the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped; and
(g) women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.”
D. Barriers to accessing safe and legal abortions
Despite the enactment of the MTP Act, a number of hurdles continue to prevent full access to safe and legal abortions, pushing women to avail of clandestine, unsafe abortions. These barriers include insufficient infrastructural facilities, a lack of awareness, social stigma, and failure to ensure confidential care. In some situations, unmarried women face particular barriers due to gender stereotypes about women’s sexual autonomy outside marriage. These barriers are a serious impediment and deter single women from seeking safe and legal abortions. Such barriers may contribute to a delay in accessing abortion services or a complete denial of such services, consequently negating women’s right to reproductive autonomy.
It is not only the factors mentioned above which hinder access to safe abortion but also a fear of prosecution under the country’s criminal laws. Under the current legal framework, the MTP Act merely lays out exceptions to the provisions criminalizing abortion in Sections 312 to 318 of the IPC. Section 3(1) of the MTP Act begins with a non-obstante clause and stipulates that “Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.” In terms of Section 3(1), the termination of a pregnancy is a criminal offence under the IPC, unless it fulfils the conditions laid down in the MTP Act, including who can terminate a pregnancy, the place where termination can take place, and the specific conditions in accordance with which such termination is permissible. Section 5(2) provides penalties when termination of pregnancy is carried out by a person who is not an RMP. Section 5(3) provides penalties when termination of pregnancy is carried out in a place other than that mentioned in Section 4. RMPs and women seeking termination of pregnancy are exempted from any legal action under the provisions of the IPC mentioned above only when these conditions are fulfilled.
Presently, under the MTP Act, the opinion of an RMP (in accordance with the restrictions and grounds laid down in the Act) is decisive. It is on the basis of the opinion formed by RMP(s), either under Section 3 or under Section 5, that a woman can terminate a pregnancy under the MTP Act. This makes the MTP Act a provider-centric law. Since women’s right to access abortion is conditional on the approval by an RMP, the denial of services by an RMP compels women to approach courts or seek abortions in unsafe conditions.[24] A fear of prosecution under this complex labyrinth of laws, including linking of the MTP Act with the IPC, acts as a major barrier to safe abortion access, by having a chilling effect on the behaviour of RMPs. The chilling effect – historically associated with protection of freedom of speech and expression under Article 19[25] – has an impact on the decision-making of medical professionals acting under the MTP Act and consequently impedes access to safe and legal abortions and the actualization of women’s fundamental right to reproductive autonomy.
In Navtej Singh Johar v. Union of India (2018) 10 SCC 1 a Constitution Bench of this Court held that Section 377 had a chilling effect on the exercise of freedom of individuals, which posed a grave danger to the unhindered fulfilment of one’s sexual orientation, as an element of dignity and privacy. One of us, Dr. DY Chandrachud, J., recognized the impact of the criminalization of homosexuality on the spread of HIV/AIDS and how fear of prosecution and stigma created barriers to accessing HIV prevention services, in his concurring opinion. This Court observed that:
“508. The silence and secrecy that accompanies institutional discrimination may foster conditions which encourage escalation of the incidence of HIV/AIDS. The key population is stigmatized by health providers, employers and other service providers. As a result, there exist serious obstacles to effective HIV prevention and treatment as discrimination and harassment can hinder access to HIV and sexual health services and prevention programmes.”
Although the actions of RMPs done in good faith under the MTP Act are protected under Section 8, the spectre of criminalization casts a chilling effect on them. The fear faced by RMPs of prosecution under the penal provisions often leads to unnecessary delays. It is a common yet lamentable practice for RMPs to insist on compliance with extra-legal conditions such as consent from the woman’s family, documentary proofs, or judicial authorisation.[27*] If the woman fails to comply with these additional requirements, RMPs frequently decline to provide their services in conducting legal abortions.
[27* Centre for Reproductive Rights, “Reform to Address Women’s and Girl’s need for Abortion after 20 weeks” (2018)]
These extra-legal requirements have no basis in law. As noted above, it is only the woman’s consent (or her guardian’s consent if she is a minor or mentally ill) which is material. RMPs must refrain from imposing extra-legal conditions on women seeking to terminate their pregnancy in accordance with the law. They need only ensure that the provisions of the MTP Act (along with the accompanying rules and regulations) are complied with.
Before the MTP Amendment Act 2021 was enacted, the petitioners in a number of cases before the High Courts also sought permission to terminate pregnancy where the gestation was below twenty weeks.[28] The unamended MTP Act clearly stated that termination of pregnancy between twelve and twenty weeks was permissible when two RMPs opined that the request for termination of pregnancy meets either of the four grounds mentioned in Section 3(2).[29] Thus, there was no legal requirement to refer cases within the legal limit of twenty weeks to the courts. These cases represent the barriers faced by women in accessing safe and legal abortions, even when their decision to terminate their pregnancy is permitted by the law.
This Court has recognized the disastrous effects of unnecessary delays and lack of promptitude in the attitude of authorities when dealing with termination of pregnancies. In Z v. State of Bihar, (2018) 11 SCC 572 this Court found that the state authorities, including Patna Medical College and Hospital, had erred in failing to terminate the pregnancy before the passage of twenty weeks, despite the woman seeking an abortion on the ground that she was a victim of rape. This Court also rebuked the “negligence and carelessness” of the authorities in failing to terminate the pregnancy as permitted by law. It noted that the proceedings in the High Court were unduly delayed, leading to a situation where the pregnancy could not be terminated without endangering the life of the woman in question. Compensation was awarded to the petitioner (i.e., the pregnant woman).
ii. Social stigma surrounding unmarried women
An RMP’s decision to provide medical termination of a pregnancy is also influenced by social stigma surrounding unmarried women and pre-marital sex, gender stereotypes about women taking on the mantle of motherhood, and the role of women in society.
Due to a widespread misconception that termination of pregnancies of unmarried women is illegal, a woman and her partner may resort to availing of abortions by unlicensed medical practitioners in facilities not adequately equipped for such medical procedures, leading to a heightened risk of complications and maternal mortality. In Surendra Chauhan v. State of Madhya Pradesh, (2000) 4 SCC 110 a two-Judge Bench of this Court upheld the Madhya Pradesh High Court’s order to convict the accused under Section 314 read with Section 34 of the IPC for causing a woman’s death by miscarriage. According to the facts of the case, the accused was in an “illicit relation” with the deceased, an unmarried woman of twenty-four years. The deceased woman had become pregnant as a result of this relationship. Both of them had approached the clinic of a so-called doctor (who was named as a co-accused) to terminate the pregnancy of around 3 months (approximately 12 weeks). The purported doctor was neither an RMP nor was his clinic approved by the government, in terms of the requirements laid down in the MTP Act. During the procedure for the termination of pregnancy, the woman passed away. This case is illustrative of the dangers of unsafe abortions, undertaken due to the social stigma surrounding pregnancies among unmarried women.
The social stigma that women face for engaging in pre-marital sexual relations prevents them from realizing their right to reproductive health in a variety of ways. They have insufficient or no access to knowledge about their own bodies due to a lack of sexual health education, their access to contraceptives is limited, and they are frequently unable to approach healthcare providers and consult them with respect to their reproductive health. Consequently, unmarried and single women face additional obstacles.
The social stigma surrounding single women who are pregnant is even greater and they often lack support from their family or partner. This leads to the proliferation of persons not qualified / certified to practice medicine. Such persons offer the possibility of a discreet abortion and many women may feel compelled by their circumstances to engage the services of such persons instead of opting for a medically safe abortion. As illustrated in Surendra Chauhan (supra), this often leads to disastrous consequences for the woman. Keeping in view these barriers to accessing reproductive healthcare, we now turn to the interpretation of Section 3(2) of the MTP Act and Rule 3B of the MTP Rules.
The question that arises is whether Rule 3B includes unmarried women, single women, or women without a partner under its ambit. The answer may be discerned by imparting a purposive interpretation to Rule 3B.
The cardinal principle of the construction of statutes is to identify the intention of the legislature and the true legal meaning of the enactment. The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understanding the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.[32] Ordinarily, the language used by the legislature is indicative of legislative intent. In Kanailal Sur v. Paramnidhi Sadhu Khan AIR 1957 SC 907, Gajendragadkar, J. (as the learned Chief Justice then was) opined that “the first and primary rule of construction is that the intention of the Legislature must be found in the words used by the Legislature itself.” But when the words are capable of bearing two or more constructions, they should be construed in light of the object and purpose of the enactment. The purposive construction of the provision must be “illumined by the goal, though guided by the word.”[34] Aharon Barak opines that in certain circumstances this may indicate giving “an unusual and exceptional meaning” to the language and words used.[35*] Before we engage in the exercise of purposive construction, we must caution that a court’s power to purposively interpret a statutory text does not imply that a judge can substitute legislative intent with their own individual notions. The alternative construction propounded by the judge must be within the ambit of the statute and should help carry out the purpose and object of the Act in question.
The interpretation of a subordinate legislation should be consistent with the enabling Act.[36*] A subordinate legislation must be reasonable and in consonance with the legislative policy. It should be interpreted in a meaningful manner, so as to give effect to the purpose and object of the enabling Act. The interpretation which is in consonance with the statutory scheme and gives effect to the statute must be adopted.
[36* Kedarnath Jute Manufacturing Co. v. Commercial Tax Officer, AIR 1966 SC 12; Union of India v. Tulsiram Patel, (1986) 3 SCC 398; M.L. Kamra v. Chairman-cum-Managing Director, New India Assurance Co. Ltd. (1992) 1 SCR 220; St Johns Teachers Training Institute v. Regional Director National Council of Teacher Education, (2003) 3 SCC 321]
In Principles of Statutory Interpretation by Justice G.P. Singh, it is stated that a statute must be read in its context when attempting to interpret its purpose.[37] Context includes reading the statute as a whole, referring to the previous state of law, the general scope of the statute, surrounding circumstances and the mischief that it was intended to remedy.[38] The treatise explains that:
“For ascertaining the purpose of a statute one is not restricted to the internal aid furnished by the statute itself, although the text of the statute taken as a whole is the most important material for ascertaining both the aspects of intention'. Without intending to lay down a precise and exhaustive list of external aids, Lord Somervell has stated: "The mischief against which the statute is directed and, perhaps though to an undefined extent the surrounding circumstances can be considered. Other statutes in pari materia and the state of the law at the time are admissible." These external aids are also brought in by widening the concept ofcontext’ “as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which the statute was intended to remedy.” In the words of Chinappa Reddy, J.: “Interpretation must depend on the text and the context. They are the bases of interpretation. One may well say if the text is the texture, context is what gives colour. Neither can be ignored. Both are important. That interpretation is best which makes the textual interpretation match the contextual. A statute is best interpreted when we know why it was enacted.”
The rule of purposive interpretation was first articulated in Heydon’s case (1584) 3 Co Rep 7a in the following terms:
“for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered:
1st. What was the common law before the making of the Act.
2nd. What was the mischief and defect for which the common law did not provide.
3rd. What remedy Parliament hath resolved and appointed to cure the disease of the commonwealth.
And, 4th. The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico”
In Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603 the Constitution Bench applied the mischief rule in Heydon’s case in the construction of Article 286 of the Constitution. In Kehar Singh v. State (Delhi Admn.), (1988) 3 SCC 609 a three-judge Bench of this Court held:
“231. During the last several years, the “golden rule” has been given a go-by. We now look for the “intention” of the legislature or the “purpose” of the statute. First, we examine the words of the statute. If the words are precise and cover the situation in hand, we do not go further. We expound those words in the natural and ordinary sense of the words. But, if the words are ambiguous, uncertain or any doubt arises as to the terms employed, we deem it as our paramount duty to put upon the language of the legislature rational meaning. We then examine every word, every section and every provision. We examine the Act as a whole. We examine the necessity which gave rise to the Act. We look at the mischiefs which the legislature intended to redress. We look at the whole situation and not just one-to-one relation. We will not consider any provision out of the framework of the statute. We will not view the provisions as abstract principles separated from the motive force behind. We will consider the provisions in the circumstances to which they owe their origin. We will consider the provisions to ensure coherence and consistency within the law as a whole and to avoid undesirable consequences.
…
For this purpose, we call in external and internal aids:
“External aids are: the Statement of Objects and Reasons when the Bill was presented to Parliament, the reports of the Committee, if any, preceding the Bill, legislative history, other statutes in pari materia and legislation in other States which pertain to the same subject matter, persons, things or relations.
Internal aids are: Preamble, scheme, enacting parts of the statutes, rules of languages and other provisions in the statutes.”
A catena of decisions emanating from this Court, including Kerala Fishermen’s Welfare Fund Board v. Fancy Food, (1995) 4 SCC 341, Bharat Singh v. Management of New Delhi Tuberculosis Centre, New Delhi, (1986) 2 SCC 614, Bombay Anand Bhavan Restaurant v. ESI Corpn., (2009) 9 SCC 61, Union of India v. Prabhakaran Vijaya Kumar, (2008) 9 SCC 527 settle the proposition that progressive and beneficial legislation must be interpreted in favour of the beneficiaries when it is possible to take two views of a legal provision.
In S. Gopal Reddy v. State of A.P., (1996) 4 SCC 596 while interpreting the Dowry Prohibition Act 1961 (a beneficial legislation), this Court interpreted the meaning of “dowry” by adopting the purposive interpretation approach:
“12. It is a well-known rule of interpretation of statutes that the text and the context of the entire Act must be looked into while interpreting any of the expressions used in a statute. The courts must look to the object which the statute seeks to achieve while interpreting any of the provisions of the Act. A purposive approach for interpreting the Act is necessary. We are unable to persuade ourselves to agree with Mr Rao that it is only the property or valuable security given at the time of marriage which would bring the same within the definition of “dowry” punishable under the Act, as such an interpretation would be defeating the very object for which the Act was enacted. Keeping in view the object of the Act, “demand of dowry” as a consideration for a proposed marriage would also come within the meaning of the expression dowry under the Act. If we were to agree with Mr Rao that it is only the “demand” made at or after marriage which is punishable under Section 4 of the Act, some serious consequences, which the legislature wanted to avoid, are bound to follow. Take for example a case where the bridegroom or his parents or other relatives make a “demand” of dowry during marriage negotiations and later on after bringing the bridal party to the bride’s house find that the bride or her parents or relatives have not met the earlier “demand” and call off the marriage and leave the bride’s house, should they escape the punishment under the Act. The answer has to be an emphatic “no”. It would be adding insult to injury if we were to countenance that their action would not attract the provisions of Section 4 of the Act. Such an interpretation would frustrate the very object of the Act and would also run contrary to the accepted principles relating to the interpretation of statutes.”
This principle has consistently been applied by this Court while construing beneficial legislation. Most recently in KH Nazar v. Mathew K Jacob, (2020) 14 SCC 126, Nageshwar Rao, J. writing for a two-judge Bench observed:
“11. Provisions of a beneficial legislation have to be construed with a purpose-oriented approach. The Act should receive a liberal construction to promote its objects. Also, literal construction of the provisions of a beneficial legislation has to be avoided. It is the court’s duty to discern the intention of the legislature in making the law. Once such an intention is ascertained, the statute should receive a purposeful or functional interpretation.”
ii. Transcending the institution of marriage as a source of rights
While much of law’s benefits were (and indeed are) rooted in the institution of marriage, the law in modern times is shedding the notion that marriage is a precondition to the rights of individuals (alone or in relation to one another). Changing social mores must be borne in mind when interpreting the provisions of an enactment to further its object and purpose. Statutes are considered to be “always speaking.”[48*]
[48* Dharni Sugars and Chemicals Ltd v. Union of India, (2019) 5 SCC 480]
In Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188 this Court reaffirmed that the law should be interpreted in terms of the changing needs of the times and circumstances. AK Sikri, J. speaking for a two-judge Bench of this Court, observed that it is the duty of courts to bridge the gap between law and society by advancing a purposive interpretation of statutes:
“16. The law regulates relationships between people. It prescribes patterns of behaviour. It reflects the values of society. The role of the court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality that is constantly changing. Sometimes change in law precedes societal change and is even intended to stimulate it. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to society’s changing needs. In both constitutional and statutory interpretation, the court is supposed to exercise discretion in determining the proper relationship between the subjective and objective purposes of the law.”
(emphasis supplied)
In Navtej Singh Johar (supra), this Court emphasized the transformative nature of our Constitution. Transformative constitutionalism promotes and engenders societal change by ensuring that every individual is capable of enjoying the life and liberties guaranteed under the Constitution. This Court observed that transformative constitutionalism places a duty on the judiciary to “ensure and uphold the supremacy of the Constitution, while at the same time ensuring that a sense of transformation is ushered constantly and endlessly in the society by interpreting and enforcing the Constitution as well as other provisions of law in consonance with the avowed object.[50*]”
[50* Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, at paragraph 122]
The law must remain cognizant of the fact that changes in society have ushered in significant changes in family structures. In S. Khusboo v. Kanniammal, (2010) 5 SCC 600 a three-judge Bench of this Court acknowledged that live-in relationships and pre-marital sex should not be associated with the lens of criminality. The Court observed:
“46. [..] While there can be no doubt that in India, marriage is an important social institution, we must also keep our minds open to the fact that there are certain individuals or groups who do not hold the same view. To be sure, there are some indigenous groups within our country wherein sexual relations outside the marital setting are accepted as a normal occurrence. Even in the societal mainstream, there are a significant number of people who see nothing wrong in engaging in premarital sex. Notions of social morality are inherently subjective and the criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy. Morality and criminality are not coextensive.”
In Deepika Singh v. Central Administrative Tribunal, 2022 SCC OnLine SC 1088 a two-Judge Bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) recognized that family units may manifest in atypical ways:
“26. The predominant understanding of the concept of a “family” both in the law and in society is that it consists of a single, unchanging unit with a mother and a father (who remain constant over time) and their children. This assumption ignores both, the many circumstances which may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with. Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. Similarly, the guardians and caretakers (who traditionally occupy the roles of the “mother” and the “father”) of children may change with remarriage, adoption, or fostering. These manifestations of love and of families may not be typical but they are as real as their traditional counterparts. Such atypical manifestations of the family unit are equally deserving not only of protection under law but also of the benefits available under social welfare legislation. The black letter of the law must not be relied upon to disadvantage families which are different from traditional ones. The same undoubtedly holds true for women who take on the role of motherhood in ways that may not find a place in the popular imagination.”
Societal reality, as observed by this Court in Deepika Singh (supra), indicates the need to legally recognize non-traditional manifestations of familial relationships. Such legal recognition is necessary to enable individuals in non-traditional family structures to avail of the benefits under beneficial legislation, including the MTP Act.
b. The equal status of married and unmarried or single women
Over the years, the Parliament has enacted legislation bringing about a congruence between the rights of married and unmarried women. The Maternity Benefit Act 1961 was enacted to provide maternity benefits to women employed in any establishment. In terms of section 5 of the Maternity Benefit Act 1961, the payment of maternity benefits is extended to all women (including unmarried women) by the use of the phrase “every woman.”
The Hindu Succession Act 1956 was enacted to codify the law relating to intestate succession among Hindus. section 6 of the Hindu Succession Act 1956 pertains to devolution of interest in coparcenary property. In terms of this provision a daughter, irrespective of her marital status, is a coparcener in her own right in the same manner as the son by virtue of the Hindu Succession (Amendment) Act 2005.
section 8 of the Hindu Adoptions and Maintenance Act 1956 stipulates that any female Hindu regardless of her marital status has the capacity to take a son or daughter in adoption. Sections 7 and 8 of the Guardian and Wards Act 1890 allows for persons to apply for an order of guardianship without making any distinction between men or women, married or unmarried.
Through the above enactments, the law has emphasized that unmarried women have the same rights as married women in terms of adoption, succession, and maternity benefits. Importantly, these legislations also signify that both married and unmarried women have equal decisional autonomy to make significant choices regarding their own welfare.
In the evolution of the law towards a gender equal society, the interpretation of the MTP Act and MTP Rules must consider the social realities of today and not be restricted by societal norms of an age which has passed into the archives of history. As society changes and evolves, so must our mores and conventions. A changed social context demands a readjustment of our laws. Law must not remain static and its interpretation should keep in mind the changing social context and advance the cause of social justice.
iii. The object and purpose of the MTP Act
The purpose or object of an enactment is the mischief at which the enactment is directed and the remedy which the lawmakers have devised to address the mischief. A number of decisions, such as Chiranjit Lal Chowdhury v. Union of India 1950 SCR 869, A. Thangal Kunju Musaliar v. M. Venkatachalam Potti (1955) 2 SCR 1196, State of Himachal Pradesh v. Kailash Chand Mahajan, 1992 Supp (2) SCC 351 and National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297 lay down that it is desirable to look into the legislative history and the Statement of Objects and Reasons of an enactment to appreciate the background and state of affairs leading up to the legislation and the circumstances which were prevalent at the time the statute was enacted.
Prior to the enactment of the MTP Act, the medical termination of pregnancy was governed by the IPC. Chapter XVI of the IPC contains a segment titled “Of the causing of miscarriage, of injuries to unborn children, of the exposure of infants, and of the concealment of births”, with Sections 312 to 318 forming a part of this segment. Section 312 criminalizes abortion, making any person (including the pregnant woman herself) liable for causing the miscarriage of a woman with an unborn foetus, except where the procedure is done in good faith in order to save the woman’s life. Section 313 stipulates a penalty of imprisonment for life or imprisonment for a term which may extend to ten years when the offence of `causing miscarriage’ is committed without the consent of the woman. Section 312 to Section 316 of the IPC failed to make a distinction between wanted and unwanted pregnancies, thereby making it extremely onerous for women to access safe abortions. Before 1971, the criminalization of abortion under the IPC often compelled women to seek unsafe, unhygienic and unregulated abortions, leading to an increase in maternal morbidity and mortality.
In this background, the Medical Termination of Pregnancy Bill[57] was drafted and introduced in the Rajya Sabha on 17 November 1969. On 2 August 1971, the MTP Bill was introduced in the Lok Sabha with the intent to “liberalise some of the restrictions under section 312 of the IPC.”[58] The MTP Act was enacted by Parliament as a “health” measure, “humanitarian” measure and “eugenic” measure. The relevant portion of the Statement of Objects and Reasons of the MTP Act is extracted below:
[57* “MTP Bill”]
“1. The provisions regarding the termination of pregnancy in the Penal Code, 1860 which were enacted about a century ago were drawn up in keeping with the then British Law on the subject. Abortion was made a crime for which the mother as well as the abortionist could be punished except where it had to be induced in order to save the life of the mother. It has been stated that this very strict law has been observed in the breach in a very large number of cases all over the country. Furthermore, most of these mothers are married women, and are under no particular necessity to conceal their pregnancy.
In recent years, when health services have expanded and hospitals are availed of to the fullest extent by all classes of society, doctors have often been confronted with gravely ill or dying pregnant women whose pregnant uterus have been tampered with a view to causing an abortion and consequently suffered very severely.
There is thus avoidable wastage of the mother’s health, strength and, sometimes, life. The proposed measure which seeks to liberalise certain existing provisions relating to termination of pregnancy has been conceived (1) as a health measure-when there is danger to the life or risk to physical or mental health of the woman; (2) on humanitarian grounds-such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman, etc.; and (3) eugenic grounds-where there is substantial risk that the child, if born, would suffer from deformities and diseases.”
The whole tenor of the MTP Act is to provide access to safe and legal medical abortions to women. The MTP Act is primarily a beneficial legislation, meant to enable women to access services of medical termination of pregnancies provided by an RMP. Being a beneficial legislation, the provisions of the MTP Rules and the MTP Act must be imbued with a purposive construction. The interpretation accorded to the provisions of the MTP Act and the MTP Rules must be in consonance with the legislative purpose.
The MTP Amendment Act 2021 intended to extend the benefits of the statute to all women, including single and unmarried women. The MTP Amendment Act 2021, which came into force from 24 September 2021, introduced a major change in Section 3 of the MTP Act by extending the upper limit for permissible termination of pregnancy from twenty weeks to twenty-four weeks. In terms of the unamended MTP Act, a pregnancy could only be terminated under Section 3(2) if it did not exceed twenty weeks. The MTP Amendment Act 2021 extended the upper limit and allowed termination of pregnancy up to twenty-four weeks for specific categories of women based on the opinion of two RMPs.
The MTP Amendment Act 2021 also extended the benefit of the legal presumption of a grave injury to the mental health of a woman on account of the failure of contraception, to all women and not just married women. In the unamended MTP Act, Explanation II provided that the anguish caused by a pregnancy resulting from a failure of any device or method used by any “married woman or her husband” for the purpose of limiting the number of children may be presumed to constitute a grave injury to the mental health of the woman. After the MTP Amendment Act 2021, Explanation I provides that the anguish caused by a pregnancy (up to twenty weeks) arising from a failure of a contraceptive device used by “any woman or her partner” either for limiting the number of children or for preventing pregnancy can be presumed to constitute a grave injury to a woman’s mental health. By eliminating the word “married woman or her husband” from the scheme of the MTP Act, the legislature intended to clarify the scope of Section 3 and bring pregnancies which occur outside the institution of marriage within the protective umbrella of the law.
The Statement of Objects and Reasons of the Amendment Act locates the purpose within the framework of reproductive rights:
“With the passage of time and advancement of medical technology for safe abortion, there is a scope for increasing upper gestational limit for terminating pregnancies especially for vulnerable women and for pregnancies with substantial foetal anomalies detected late in pregnancy. Further, there is also a need for increasing access of women to legal and safe abortion service in order to reduce maternal mortality and morbidity caused by unsafe abortion and its complications. Considering the need and demand for increased gestational limit under certain specified conditions and to ensure safety and well-being of women, it is proposed to amend the said Act. The proposed Bill is a step towards safety and well-being of women and will enlarge the ambit and access of women to safe and legal abortion without compromising on safety and quality of care. The proposal will also ensure dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy.”
(emphasis supplied)
The Statement of Objects and Reasons indicates that the MTP Amendment Act 2021 is primarily concerned with increasing access to safe and legal abortions to reduce maternal mortality and morbidity. The increase in the upper gestational limit for terminating pregnancies under “certain specified conditions” was considered necessary to fulfil the goal of ensuring “dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy.”
The unamended MTP Act of 1971 was largely concerned with “married women”, as evident from paragraph 1 of its Statement of Objects and Reasons, which stated that most of the women seeking abortions were married, and thus “under no particular necessity to conceal their pregnancy.” Significantly, the 2021 Statement of Objects and Reasons does not make a distinction between married and unmarried women. Rather, all women are entitled to the benefit of safe and legal abortions.
This is consistent with the Reply of the Ministry of Health & Family Welfare to the Report on `Women’s Healthcare: Policy Options’ by the Committee on Empowerment of Women (2020-2021). The Ministry responded that “to increase the access of safe abortion services to all women, the provision of abortion services is proposed for all women irrespective of their marital status.”[59*] The Committee on Empowerment of Women had recommended a “raise [in] the permissible period of abortions to 24 weeks” and the deletion of the word “married” in the legislation, so that “anyone can get an abortion without having to depend on sham clinics as a last recourse.”
The legislative history of the MTP Act, including the speech of the Minister of Health and Family Welfare while introducing the Amendment Bill, sheds light on the social context which necessitated the MTP Amendment Act 2021. Dr. Harsh Vardhan (who was, at the time, the Union Minister for Health and Family Welfare) stated that the purpose of extending the upper gestational limit was to strengthen access to comprehensive abortion care,[60] especially for special categories of women.[61] Elaborating on the prevailing circumstances, the Union Minister for Health and Family Welfare stated that “26 petitions have been filed in the Supreme Court and over hundred petitions have been filed before High Courts”, seeking permission for aborting pregnancies at a gestational age beyond the twenty week limit. In view of this, the “long-awaited amendment” was introduced.[62] Responding to the objections raised on the inclusion of a woman and her partner instead of a married woman and her husband, the Minister opined that in keeping abreast with the evolution of social norms, the failure of contraceptive must encompass access to abortion facilities to all women.[63] Explaining the object behind this amendment, the Minister observed that taking into consideration an ever-changing society, rights of single women, widows, and sex workers must be considered.[64] After the amendment, the scheme of the MTP Act does not make a distinction between married and unmarried women for the purpose of medical termination of pregnancies. The Amendment Bill was termed as a “progressive legislation” introduced to uphold women’s right to live with dignity.[65]
A statutory text concerned with a significant aspect of the right to life and enhancing access to reproductive rights should be given the widest construction. The legislative history of the MTP Amendment Act 2021 provides insight into the hardship at which the amendment aimed. During the Parliamentary debates concerning the MTP Amendment Act 2021, statistics were shared on the connection between unsafe abortions and maternal deaths. The continuing crisis of unsafe abortions looms large in the parliamentary history of the MTP Act since 1971. Unsafe abortions are a leading but preventable cause of maternal mortality and morbidity. However, despite the enactment of the MTP Act in 1971, unsafe abortions continue to be the third leading cause of maternal mortality, and close to eight women in India die each day due to causes related to unsafe abortions.[66] Another study published in the BMJ Global Health points out to the grim statistics of unsafe abortions in India: between the years 2007 and 2011, an estimate of 67% of abortions carried out were classified as unsafe.[67] It further observes that disadvantaged women in India, including women from a lower socio-economic status, are at a higher risk of undergoing unsafe abortions. By denying access to safe abortion services, restrictive abortion laws have been shown to increase the incident of unsafe abortions.[68*] In view of the serious social malady due to illegal and unsafe abortions, the MTP Amendment Act 2021 intended to improve the availability and quality of legal abortion care for women by liberalizing certain restrictive features of the unamended MTP Act and by increasing the legal limit of the gestational period within which abortions could be conducted from twenty to twenty-four weeks.
[66* United Nations Population Fund, “Seeing the Unseen: The case for action in the neglected crisis of unintended pregnancy, State of World Populations” (2022)]
[67* Ryo Yokoe, Choudhury SS, et al., Unsafe abortion and abortion-related death among 1.8 million women in India, 4(3) BMJ Global Health (2019)]
[68* Jonathan Baerak, et al., Unintended pregnancy and abortion by income, region, and the legal status of abortion: estimates from a comprehensive model for 1990-2019, 8(9) Lancet Global Health (2020)]
iv. The MTP Act as an aid of interpretation: Understanding “injury to mental health”
When interpreting a sub-clause or part of a statutory provision, the entire section should be read together with different sub-clauses being a part of an integral whole.[69*] In terms of Section 3(2)(b) of the MTP Act, not less than two RMPs must, in good faith, be of the opinion that the continuation of the pregnancy of any woman who falls within the ambit of Rule 3B would involve (i) a risk to her life; (ii) grave injury to her physical health; or (iii) grave injury to her mental health. Alternatively, not less than two RMPs must, in good faith, be of the opinion that there is a substantial risk of the child suffering from a serious physical or mental abnormality, if born. Women who seek to avail of the benefit under Rule 3B of the MTP Rules continue to be subject to the requirements of Section 3(2) of the MTP Act.
One of the grounds on the basis of which termination of pregnancy may be carried out is when the continuance of a pregnancy would involve risk of injury to the mental health of the woman. The expression “grave injury to her physical or mental health” used in Section 3(2) is used in an overarching and all-encompassing sense. The two explanations appended to Section 3(2) provide the circumstances under which the anguish caused by a pregnancy may be presumed to constitute a grave injury to the mental health of a woman.
Courts in the country have permitted women to terminate their pregnancies where the length of the pregnancy exceeded twenty weeks (the outer limit for the termination of the pregnancy in the unamended MTP Act) by expansively interpreting Section 5, which permitted RMPs to terminate pregnancies beyond the twenty week limit when it was necessary to save the life of the woman. In X v. Union of India (2017) 3 SCC 458, Mamta Verma v. Union of India (2018) 14 SCC 289, Meera Santosh Pal v. Union of India (2017) 3 SCC 462, Sarmishtha Chakrabortty v. Union of India, (2018) 13 SCC 339 this Court permitted the termination of post twenty week pregnancies after taking into account the risk of grave injury to the mental health of a pregnant woman by carrying the pregnancy to term.
The grounds for approaching courts differ and include various reasons such as a change in the circumstances of a woman’s environment during an ongoing pregnancy, including risk to life,[74] risk to mental health,[75] discovery of foetal anomalies,[76] late discovery of pregnancy in case of minors and women with disabilities,[77] and pregnancies resulting from sexual assault or rape.[78*] These are illustrative situations thrown up by cases which travel to the court. Although the rulings in these cases recognized grave physical and mental health harms and the violation of the rights of women caused by the denial of the option to terminate unwanted pregnancies, the relief provided to the individual petitioner significantly varied.
[74* A v. Union of India, (2018) 14 SCC 75; X v. Union of India, (2017) 3 SCC 458; Meera Santosh Pal v. Union of India, (2017) 3 SCC 462; Tapasya Umesh Pisal v. Union of India, (2018) 12 SCC 57; Mamta Verma v. Union of India, (2018) 14 SCC 289]
[75* X v. Union of India, (2017) 3 SCC 458; Meera Santosh Pal v. Union of India, (2017) 3 SCC 462; Sarmishtha Chakrabortty v. Union of India, (2018) 13 SCC 339; Mamta Verma v. Union of India, (2018) 14 SCC 289; Z v. State of Bihar, (2018) 11 SCC 572]
[78* Z v. State of Bihar, (2018) 11 SCC 572; X v. Union of India, (2020) 19 SCC 806]
The expression “mental health” has a wide connotation and means much more than the absence of a mental impairment or a mental illness. The World Health Organization defines mental health as a state of “mental well-being that enables people to cope with the stresses of life, realize their abilities, learn well and work well, and contribute to their community.”[79*] The determination of the status of one’s mental health is located in one’s self and experiences within one’s environment and social context. Our understanding of the term mental health cannot be confined to medical terms or medical language, but should be understood in common parlance. The MTP Act itself recognizes the need to look at the surrounding environment of the woman when interpreting injury to her health. Section 3(3) states that while interpreting “grave injury to her physical or mental health”, account may be taken of the pregnant woman’s actual or reasonably foreseeable environment. The consideration of a woman’s “actual or reasonably foreseeable environment” becomes pertinent, especially when determining the risk of injury to the mental health of a woman.
[79* World Health Organization, “Promoting mental health: concepts, emerging evidence, practice (Summary Report)” (2004)]
There have been numerous decisions of the High Courts where a purposive interpretation is given to the phrase mental health as used in the MTP Act. In High Court on its Own Motion v. State of Maharashtra, 2016 SCC OnLine Bom 8426 the High Court of Bombay correctly held that compelling a woman to continue any unwanted pregnancy violates a woman’s bodily integrity, aggravates her mental trauma and has a deleterious effect on the mental health of the woman because of the immediate social, financial and other consequences flowing from the pregnancy.
In Sidra Mehboob Shaikh v. State of Maharashtra, 2021 SCC Online Bom 1839 the High Court of Bombay permitted the petitioner to undergo medical termination of her pregnancy on the ground that compelling her to continue with her unwanted pregnancy would be oppressive, and would likely cause a grave injury to her mental health. The petitioner, a victim of domestic violence, had approached the court to allow her to undergo an abortion as she pleaded that she did not want to raise a child in the absence of financial and emotional support from her husband; and raising a child on her own would be burdensome. The High Court observed that “mental state of a person is a continuum with good mental health being at one end and diagnosable mental illness at the opposite end. Therefore, mental health and mental illness, although sound similar, are not the same.”[82*]
We note the correct interpretation adopted in two other judgments from the Bombay High Court, where the Court permitted unmarried petitioners to abort, after purposively construing the effects of carrying an unwanted pregnancy on the mental health of a woman. In XYZ v. State of Maharashtra, Judgment dated 6 October 2021 in WP(L) 21977 of 2021 (Bombay High Court) an unmarried petitioner aged about 18 years was allowed to terminate her pregnancy in the 26th week after considering her socio-economic condition, and the impact of the continuation of pregnancy on her mental health. In Siddhi Vishwanath Shelar v. State of Maharashtra, 2020 SCC OnLine Bom 11672 a twenty-three year old petitioner contended that she was not mentally ready to be an unwed mother and sought the termination of her pregnancy of approximately twenty-three weeks. The Petitioner was engaged in a consensual relationship but had since parted ways from her partner, and thus wanted to terminate the unwanted pregnancy. While permitting the abortion, the High Court of Bombay observed that insisting upon continuance of pregnancy would involve a grave injury to the petitioner’s health. The High Court took note of the woman’s submissions regarding her actual and foreseeable environment.
By framing Rule 3B, the legislature intended to solve the mischief, so to speak, of women being unable to access abortions when their lives underwent significant changes impacting their physical and mental health, and their decision to have a child was impacted after the length of the pregnancy exceeded twenty weeks. The Minutes of the Meeting of the Expert Committee held on 22 June 2021 for deliberating upon and drafting the MTP Rules dealt with, inter alia, category of women under Rule 3B. The members of the Expert Committee suggested different categories of women such as “survivors of sexual violence/ rape; mentally challenged women, minors, women with disabilities; foetal anomalies; conception in lactational amenorrhea period; single women (such as unwed women (major), divorced and widowed, separated women); women who are facing difficulties in contexts of humanitarian setting/ emergencies and/or natural disasters; women victims of domestic violence/ gender-based violence etc.” The members of the Expert Committee urged the inclusion of women in Rule 3B, who often delay revealing the pregnancy or making decisions as to its continuance, for various reasons.
The common thread running through each category of women mentioned in Rule 3B is that the woman is in a unique and often difficult circumstance, with respect to her physical, mental, social, or financial state. All the different categories in Rule 3B represent women who seek an abortion after twenty weeks either due to a delay in recognizing pregnancy, or some other change in their environment impacting their decision on whether the pregnancy is wanted or unwanted. The law recognizes the myriad ways in which a pregnancy may cause distress in such situations and cause grave injury to her physical and mental health. It gives such women latitude in seeking out the termination of an unwelcome pregnancy by extending the gestational period up to which the termination is legally permissible.
Rule 3B(a) is based on an acknowledgement of the reality that survivors of sexual assault, rape, or incest may face immense stigma if and when they share the fact of their assault with others, including family members. It is no secret that a culture of shame surrounds sexual violence in India. Survivors are often hesitant to speak about the violence inflicted upon them. This is doubly the case with victims of incestuous sexual assault or rape, whose close relatives abuse their power and authority over the woman and other family members oftentimes being unwilling to believe that the perpetrator (that is to say, their relative) is guilty of sexual violence. Many survivors, including minors, may not even be aware that pregnancy is a possible consequence of rape. Hence, the delay in revealing the fact that a man has raped them may lead to a delay in discovering the pregnancy. Alternatively, the woman in question may be unable to access medical facilities in a timely fashion and may therefore find herself unable to terminate the pregnancy before the completion of twenty weeks.
Married women may also form part of the class of survivors of sexual assault or rape. The ordinary meaning of the word `rape’ is sexual intercourse with a person, without their consent or against their will, regardless of whether such forced intercourse occurs in the context of matrimony. A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. We would be remiss in not recognizing that intimate partner violence is a reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex- and gender-based violence is a deeply regrettable one. Sex- and gender-based violence (in all its forms) within the context of the family has long formed a part of the lived experiences of scores of women.
Existing Indian laws recognize various forms of familial violence – the Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994 criminalises the communication of the sex of the foetus to the pregnant woman or her relatives. Section 498A of the IPC criminalises physical, mental, and emotional abuse. The Dowry Prohibition Act 1961 criminalises the giving and taking of dowry (a form of economic and social violence). Physical abuse or sexual abuse by family members and female infanticide are also criminalized under the IPC. Marital assault merely forms a part of a long list of deeds that amount to violence in the context of the family.
It is not inconceivable that married women become pregnant as a result of their husbands having “raped” them. The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.
It is only by a legal fiction that Exception 2 to Section 375 of the IPC removes marital rape from the ambit of rape, as defined in Section 375. Understanding “rape” under the MTP Act and the rules framed thereunder as including marital rape does not have the effect of striking down Exception 2 to Section 375 of the IPC or changing the contours of the offence of rape as defined in the IPC. Since the challenge to Exception 2 to Section 375 of the IPC is pending consideration before a different Bench of this Court, we would leave the constitutional validity to be decided in that or any other appropriate proceeding.
Notwithstanding Exception 2 to Section 375 of the IPC,[85*] the meaning of the words “sexual assault” or “rape” in Rule 3B(a) includes a husband’s act of sexual assault or rape committed on his wife. The meaning of rape must therefore be understood as including marital rape, solely for the purposes of the MTP Act and any rules and regulations framed thereunder. Any other interpretation would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.
[85* See Exception 2 to Section 375, IPC – Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. It is to be noted that in Independent Thought v. Union of India (2017) 10 SCC 800, this Court read Exception 2 to Section 375 down such that the words “eighteen years” replaced the words “fifteen years” thereby raising the age of consent to eighteen years, notwithstanding the marital status of the woman.]
In order to avail the benefit of Rule 3B(a), the woman need not necessarily seek recourse to formal legal proceedings to prove the factum of sexual assault, rape or incest. Neither Explanation 2 to Section 3(2) nor Rule 3B(a) require that the offender be convicted under the IPC or any other criminal law for the time being in force before the pregnant woman can access an abortion. Further, there is no requirement that an FIR must be registered or the allegation of rape must be proved in a court of law or some other forum before it can be considered true for the purposes of the MTP Act. Such a requirement would be contrary to the object and purpose of the MTP Act. In fact, Explanation 2 triggers the legal presumption as to mental trauma “where any pregnancy is alleged by the pregnant woman to have been caused by rape.”
Rule 3B(b) includes minors within the category of women who may terminate their pregnancy up to twenty-four weeks. They have been included in the list of special categories of women because adolescents who engage in consensual sexual activity may be unaware that sexual intercourse often results in pregnancy or be unable to identify the signs of a pregnancy. The Protection of Children from Sexual Offences Act 2012 “POCSO Act” is gender neutral and criminalizes sexual activity by those below the age of eighteen. Under the POCSO Act, factual consent in a relationship between minors is immaterial. The proscription contained in the POCSO Act does not – in actuality – prevent adolescents from engaging in consensual sexual activity. We cannot disregard the truth that such activity continues to take place and sometimes leads to consequences such as pregnancy. The legislature was no doubt alive to this fact when it included adolescents within the ambit of Rule 3B of the MTP Rules.
The absence of sexual health education in the country means that most adolescents are unaware of how the reproductive system functions as well as how contraceptive devices and methods may be deployed to prevent pregnancies. The taboos surrounding pre-marital sex prevent young adults from attempting to access contraceptives. The same taboos mean that young girls who have discovered the fact that they are pregnant are hesitant to reveal this to their parents or guardians, who play a crucial role in accessing medical assistance and intervention.
Furthermore, Section 19(1) of the POCSO Act requires that any person, including a child, who has knowledge of the commission of an offence punishable under the POCSO Act, or an apprehension that such an offence may be committed, is mandatorily required to provide information to the Special Juvenile Police Unit or the local police. Section 19(2) of the POCSO Act stipulates that every such report under Section 19(1) shall be ascribed an entry number and recorded in writing, read over to the informant, and entered in a book to be kept by the police unit. Failure to report, as mandated by Section 19, is a punishable offence under Section 21 of the POCSO Act. Neither the POCSO Act nor the Protection of Children from Sexual Offences Rules 2012 prescribe a template or a format for the report mandated under Section 19(1).
When a minor approaches an RMP for a medical termination of pregnancy arising out of a consensual sexual activity, an RMP is obliged under Section 19(1) of the POCSO Act to provide information pertaining to the offence committed, to the concerned authorities. An adolescent and her guardian may be wary of the mandatory reporting requirement as they may not want to entangle themselves with the legal process. Minors and their guardians are likely faced with two options – one, approach an RMP and possibly be involved in criminal proceedings under the POCSO Act, or two, approach an unqualified doctor for a medical termination of the pregnancy. If there is an insistence on the disclosure of the name of the minor in the report under Section 19(1) of POCSO, minors may be less likely to seek out RMPs for safe termination of their pregnancies under the MTP Act.
To ensure that the benefit of Rule 3B(b) is extended to all women under 18 years of age who engage in consensual sexual activity, it is necessary to harmoniously read both the POCSO Act and the MTP Act. For the limited purposes of providing medical termination of pregnancy in terms of the MTP Act, we clarify that the RMP, only on request of the minor and the guardian of the minor, need not disclose the identity and other personal details of the minor in the information provided under Section 19(1) of the POCSO Act. The RMP who has provided information under Section 19(1) of the POCSO Act (in reference to a minor seeking medical termination of a pregnancy under the MTP Act) is also exempt from disclosing the minor’s identity in any criminal proceedings which may follow from the RMP’s report under Section 19(1) of the POCSO Act. Such an interpretation would prevent any conflict between the statutory obligation of the RMP to mandatorily report the offence under the POCSO Act and the rights of privacy and reproductive autonomy of the minor under Article 21 of the Constitution. It could not possibly be the legislature’s intent to deprive minors of safe abortions.
As opposed to consensual sexual activity among adolescents, minors are often subjected to sexual abuse by strangers or family members. In such cases, minor girls may (due to their tender age) be unaware of the nature of abuse the abuser or rapist is subjecting them to. In such cases, the guardian of minor girls may belatedly discover the fact of the pregnancy, necessitating the leeway granted by Rule 3B.
Rule 3B(d) includes women with physical disabilities within the special category of women. They may face additional complications arising from their disabilities and be unable to carry the pregnancy to term. They may also decide against carrying their pregnancy to term due to any personal difficulties (mental or physical) which may arise from their disability, either directly or indirectly.
Women who are mentally ill (including “mental retardation”) are covered by Rule 3B(e). It extends to all categories of women who have mental illness. Women with mental illnesses may realize the fact of their pregnancy or determine that they do not want to carry it to term, later than usual. Further, men often sexually assault women with mental illnesses, especially if they have speech or communication disabilities, or reside in psychiatric care facilities. Their speech / communication disability may inhibit them from expressing that somebody has raped them. This may lead to a delay in the discovery of the pregnancy and its termination. This was found to be the case in X v. Union of India, 2017 SCC OnLine Bom 9334 where a woman with Down’s Syndrome had been raped by an unknown person. Her guardian discovered the pregnancy after the passage of twenty weeks.
Rule 3B(f) includes that class of women where foetal anomalies have a substantial risk of being incompatible with life or where the child, if born, may suffer from physical or mental “abnormalities” and be seriously handicapped.
Rule 3B(g) comprehends within its fold a change in the material circumstances of the pregnant woman by accounting for pregnant women in “humanitarian settings or disaster or emergency situations.” Refugees who have had to flee their homes for any reason or those who find themselves the victims of a natural or man-made disaster, or otherwise in an emergency would fall within the ambit of this rule. They may not realise that they are pregnant due to difficulty in accessing medical facilities. For instance, in Siddhi Vishwanath Shelar (supra), the petitioner was unable to visit a doctor due to the lockdown instituted by the government in light of the COVID-19 pandemic and became aware of her pregnancy only after twenty weeks had elapsed.
Further, the decision to give birth to and raise a child is necessarily informed by one’s material circumstances. By this, we mean the situational, social, and financial circumstances of a woman or her family may be relevant to her decision to carry the pregnancy to term. Those who fall victim to emergencies or disasters may unexpectedly find themselves without a home or separated from their families. They may have lost loved ones. Their livelihood may be adversely affected and they may undergo other deeply impactful changes in their lives, both material and psychological. The possibility that they have suffered grave injuries which alter their mobility or quality of life cannot be discounted. The myriad changes that may take place in the aftermath of a disaster, emergency, or humanitarian crisis cannot be exhaustively listed or envisaged. Each woman’s circumstances are unique and we have merely listed (by way of illustration) some of the many potential repercussions of the catastrophes accounted for in Rule 3B(g).
A woman in such situations may have decided to have a child before the emergency or disaster which changed her material circumstances. However, this change may understandably impact each woman’s evaluation of her ability to raise a child as well as her willingness to carry the pregnancy to term. While many women may decide to carry the pregnancy to term, others may no longer find the pregnancy to be a viable or practical option. It is ultimately the prerogative of each woman to evaluate her life and arrive at the best course of action, in view of the changes to her material circumstances.
Rule 3B(c) states that a “change in the marital status during the ongoing pregnancy (widowhood and divorce)” renders women eligible for termination of their pregnancy under Section 3(2)(b). The impact of the continuance of an unwanted pregnancy on a woman’s physical or mental health should take into consideration various social, economic, and cultural factors operating in her actual or reasonably foreseeable environment, as provided in Section 3(3). The rationale behind Rule 3B(c) is comparable to the rationale for Rule 3B(g) i.e., a change in a woman’s material circumstances during the ongoing pregnancy.
Rule 3B(c) is based on the broad recognition of the fact that a change in the marital status of a woman often leads to a change in her material circumstances. A change in material circumstance during the ongoing pregnancy may arise when a married woman divorces her husband or when he dies, as recognized by the examples provided in parenthesis in Rule 3B(c). The fact that widowhood and divorce are mentioned in brackets at the tail end of Rule 3B(c) does not hinder our interpretation of the rule because they are illustrative.
A change in material circumstance may also result when a woman is abandoned by her family or her partner. When a woman separates from or divorces her partner, it may be that she is in a different (and possibly less advantageous) position financially. She may no longer have the financial resources to raise a child. This is of special concern to women who have opted to be a homemaker thereby forgoing an income of their own. Moreover, a woman in this situation may not be prepared to raise a child as a single parent or by coparenting with her former partner. Similar consequences may follow when a woman’s partner dies.
Women may undergo a sea change in their lives for reasons other than a separation with their partner (Rule 3B(c)), detection of foetal “abnormalities” (Rule 3B(f)), or a disaster or emergency (Rule 3B(g)). They may find themselves in the same position (socially, mentally, financially, or even physically) as the other categories of women enumerated in Rule 3B but for other reasons. For instance, it is not unheard of for a woman to realise that she is pregnant only after the passage of twenty weeks.[88] Other examples are if a woman loses her job and is no longer financially secure, or if domestic violence is perpetrated against her,[89] or if she suddenly has dependents to support. Moreover, a woman may suddenly be diagnosed with an acute or chronic or life-threatening disease, which impacts her decision on whether to carry the pregnancy to term. If Rule 3B(c) was to be interpreted such that its benefits extended only to married women, it would perpetuate the stereotype and socially held notion that only married women indulge in sexual intercourse, and that consequently, the benefits in law ought to extend only to them. This artificial distinction between married and single women is not constitutionally sustainable. The benefits in law extend equally to both single and married women.
A recognition of the fact that there may be a change in a woman’s material circumstance animates Rule 3B(c), Rule 3B(g) and Rule 3B(f). However, Rule 3B does not enumerate all the potential changes that a woman’s material circumstances may undergo. It merely specifies some of the potential changes to a woman’s material circumstances, in sub-rules (c), (f) and (g). From the object and purpose of the MTP Act, its overall scheme, and the categories of women specified in Rule 3B, it is evident that it was not the intention of the legislature to restrict the benefit of Section 3(2)(b) and Rule 3B only to women who may be confronted with a material alteration in the circumstances of their lives in the limited situations enumerated in Rule 3B. Rather, the benefit granted by Rule 3B must be understood as extending to all women who undergo a change of material circumstances.
It is not possible for either the legislature or the courts to list each of the potential events which would qualify as a change of material circumstances. Suffice it to say that each case must be tested against this standard with due regard to the unique facts and circumstances that a pregnant woman finds herself in.
Certain constitutional values, such as the right to reproductive autonomy, the right to live a dignified life, the right to equality, and the right to privacy have animated our interpretation of the MTP Act and the MTP Rules. A brief discussion of these values is undertaken below.
The ambit of reproductive rights is not restricted to the right of women to have or not have children. It also includes the constellation of freedoms and entitlements that enable a woman to decide freely on all matters relating to her sexual and reproductive health. Reproductive rights include the right to access education and information about contraception and sexual health, the right to decide whether and what type of contraceptives to use, the right to choose whether and when to have children, the right to choose the number of children, the right to access safe and legal abortions, and the right to reproductive healthcare. Women must also have the autonomy to make decisions concerning these rights, free from coercion or violence.
Zakiya Luna has, in a 2020 publication, argued that reproduction is both biological and political.[90*] According to Luna, it is biological since physical bodies reproduce, and it is political since the decision on whether to reproduce or not is not solely a private matter. This decision is intimately linked to wider political, social, and economic structures. A woman’s role and status in family, and society generally, is often tied to childbearing and ensuring the continuation of successive generations.
To this, we may add that a woman is often enmeshed in complex notions of family, community, religion, and caste. Such external societal factors affect the way a woman exercises autonomy and control over her body, particularly in matters relating to reproductive decisions. Societal factors often find reinforcement by way of legal barriers restricting a woman’s right to access abortion. The decision to have or not to have an abortion is borne out of complicated life circumstances, which only the woman can choose on her own terms without external interference or influence. Reproductive autonomy requires that every pregnant woman has the intrinsic right to choose to undergo or not to undergo abortion without any consent or authorization from a third party.
The right to reproductive autonomy is closely linked with the right to bodily autonomy. As the term itself suggests, bodily autonomy is the right to take decisions about one’s body. The consequences of an unwanted pregnancy on a woman’s body as well as her mind cannot be understated. The foetus relies on the pregnant woman’s body for sustenance and nourishment until it is born. The biological process of pregnancy transforms the woman’s body to permit this. The woman may experience swelling, body ache, contractions, morning sickness, and restricted mobility, to name a few of a host of side effects. Further, complications may arise which pose a risk to the life of the woman. A mere description of the side effects of a pregnancy cannot possibly do justice to the visceral image of forcing a woman to continue with an unwanted pregnancy. Therefore, the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman.
In K. S. Puttaswamy v. Union of India, (2017) 10 SCC 1 a nine-judge bench of this Court recognized the right to privacy as a constitutionally protected right under Article 21 of the Constitution. In Puttaswamy (supra), this Court held that the right to privacy enables individuals to retain and exercise autonomy over the body and mind. The autonomy of the individual was defined as “the ability to make decision on vital matters of concern to life.”[92*] The judgement delivered on behalf of four judges described the right to privacy in the following terms:
[92* KS Puttaswamy v. Union of India (2017) 10 SCC 1, at paragraph 298 (“Puttaswamy”)]
“297. .. Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The notion of privacy enables the individual to assert and control the human element which is inseparable from the personality of the individual. The inviolable nature of the human personality is manifested in the ability to make decisions on matters intimate to human life. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. The body and the mind are inseparable elements of the human personality. The integrity of the body and the sanctity of the mind can exist on the foundation that each individual possesses an inalienable ability and right to preserve a private space in which the human personality can develop. Without the ability to make choices, the inviolability of the personality would be in doubt.”
(emphasis supplied)
Importantly, Puttaswamy (supra) also deals with facets of reproductive autonomy. Chelameshwar, J. held that a “woman’s freedom of choice whether to bear a child or abort her pregnancy are areas which fall in the realm of privacy.”[93] This Court recognized the right to bodily integrity as an important facet of the right to privacy. Puttaswamy (supra) considered Suchita Srivastava v. Chandigarh Administration (2009) 9 SCC 1 to reiterate that the statutory right of a woman to undergo termination of pregnancy under the MTP Act is relatable to the constitutional right to make reproductive choices under Article 21 of the Constitution.[95]
[93* Puttaswamy, at paragraph 373]
[95* Puttaswamy, at paragraph 82]
In Suchita Srivastava (supra) this Court explicitly recognized the concept of reproductive autonomy. In this case, the victim, an orphaned woman of around 19 years, with mental retardation, became pregnant as a result of a rape that took place while she was an inmate at a government-run welfare institution. After the discovery of her pregnancy, the Chandigarh Administration approached the High Court of Punjab and Haryana seeking approval for the termination of her pregnancy. The High Court constituted an expert body to conduct an enquiry into the facts. The expert body recorded that the victim had expressed her willingness to bear the child and accordingly recommended the continuation of the pregnancy. However, the High Court directed the termination of the pregnancy on the ground that the victim was mentally incapable of making an informed decision on her own.
A three-judge Bench of this Court disagreed with the High Court’s decision. In a judgment authored by K G Balakrishnan, C.J., this Court emphasized that the consent of the pregnant woman is an essential requirement to proceed with the termination of a pregnancy under the MTP Act. It was held that the state administration cannot claim guardianship of the woman as she was a major. It was further held that the woman only had “mild mental retardation” and was therefore competent to give her consent in terms of Section 3(4)(a) of the MTP Act. This Court concluded that the state must respect the reproductive rights of women with “mental retardation” with regard to decisions about terminating their pregnancy. In the process, this Court recognized that a woman’s right to reproductive autonomy is a dimension of Article 21 of the Constitution:
“22. There is no doubt that a woman’s right to make reproductive choices is also a dimension of “personal liberty” as understood under Article 21 of the Constitution of India. It is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman’s right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods. Furthermore, women are also free to choose birth control methods such as undergoing sterilisation procedures. Taken to their logical conclusion, reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children. However, in the case of pregnant women there is also a “compelling State interest” in protecting the life of the prospective child. Therefore, the termination of a pregnancy is only permitted when the conditions specified in the applicable statute have been fulfilled. Hence, the provisions of the MTP Act, 1971 can also be viewed as reasonable restrictions that have been placed on the exercise of reproductive choices.”
Suchita Srivastava (supra) rightly recognised that the right of women to make reproductive choices is a dimension of personal liberty under Article 21. It held that reproductive rights include a woman’s entitlement to carry the pregnancy to full term, give birth, and raise children. More importantly, it also recognised that the right to reproductive choice also includes the right not to procreate. In doing so, it situated the reproductive rights of women within the core of constitutional rights.
Decisional autonomy is an integral part of the right to privacy. Decisional autonomy is the ability to make decisions in respect of intimate relations.[96] In Puttaswamy (supra) this Court held that personal aspects of life such as family, marriage, procreation, and sexual orientation are all intrinsic to the dignity of the individual.[97] The right to privacy safeguards and respects the decisional autonomy of the individual to exercise intimate personal choices and control over the vital aspects of their body and life. In Common Cause v. Union of India, (2018) 5 SCC 1 this Court observed that right to privacy protects decisional autonomy in matters related to bodily integrity:
[96* Puttaswamy, at paragraph 248]
[97* Puttaswamy, at paragraph 298]
“441. The right to privacy resides in the right to liberty and in the respect of autonomy. The right to privacy protects autonomy in making decisions related to the intimate domain of death as well as bodily integrity. Few moments could be of as much importance as the intimate and private decisions that we are faced regarding death. Continuing treatment against the wishes of a patient is not only a violation of the principle of informed consent, but also of bodily privacy and bodily integrity that have been recognised as a facet of privacy by this Court.”
The right to decisional autonomy also means that women may choose the course of their lives. Besides physical consequences, unwanted pregnancies which women are forced to carry to term may have cascading effects for the rest of her life by interrupting her education, her career, or affecting her mental well-being.
In High Court on its Own Motion (supra), an under-trial prisoner requisitioned for obtaining permission to terminate her 4-month pregnancy to a judge of the City Civil & Sessions Court visiting the prison. The woman stated that it would be too difficult for her to maintain another child in addition to her five-month-old child, who was suffering from various malaises such as epilepsy, hernia and other illnesses. In such circumstances, the woman stated that it was difficult for her to maintain and take care of another child. The judge forwarded a letter to the High Court of Bombay along with the woman’s requisition for information and further action, which was converted into a suo moto PIL. The High Court referred to the relevant provisions of the MTP Act to observe that mental health can deteriorate if the pregnancy is forced or unwanted:
“14. A woman’s decision to terminate a pregnancy is not a frivolous one. Abortion is often the only way out of a very difficult situation for a woman. An abortion is a carefully considered decision taken by a woman who fears that the welfare of the child she already has, and of other members of the household that she is obliged to care for with limited financial and other resources, may be compromised by the birth of another child. These are decisions taken by responsible women who have few other options. They are women who would ideally have preferred to prevent an unwanted pregnancy, but were unable to do so. If a woman does not want to continue with the pregnancy, then forcing her to do so represents a violation of the woman’s bodily integrity and aggravates her mental trauma which would be deleterious to her mental health.”
A woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion.
The right to dignity encapsulates the right of every individual to be treated as a self-governing entity having intrinsic value. It means that every human being possesses dignity merely by being a human, and can make self-defining and self-determining choices. Dignity has been recognized as a core component of the right to life and liberty under Article 21.
If women with unwanted pregnancies are forced to carry their pregnancies to term, the state would be stripping them of the right to determine the immediate and long-term path their lives would take. Depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity. The right to choose for oneself – be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity. It is this right which would be under attack if women were forced to continue with unwanted pregnancies.
In Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 it was held that dignity forms a part of the basic structure of the Constitution. Such is its fundamental value in our legal system – the concept of dignity forms the very foundation to the Constitution and the rights enshrined in it. Dignity inheres in every individual and is an inalienable aspect of one’s humanity.
In Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608 a two-judge bench of this Court was dealing with the rights of detenus under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. This Court recognized that the right to dignity is an essential part of the right to life under Article 21 of the Constitution. It was observed:
“8. … We think that the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings. Of course, the magnitude and content of the components of this right would depend upon the extent of the economic development of the country, but it must, in any view of the matter, include the right to the basic necessities of life and also the right to carry on such functions and activities as constitute the bare minimum expression of the human-self. Every act which offends against or impairs human dignity would constitute deprivation pro tanto of this right to live and it would have to be in accordance with reasonable, fair and just procedure established by law which stands the test of other fundamental rights.”
“298. Privacy of the individual is an essential aspect of dignity. Dignity has both an intrinsic and instrumental value. As an intrinsic value, human dignity is an entitlement or a constitutionally protected interest in itself. In its instrumental facet, dignity and freedom are inseparably intertwined, each being a facilitative tool to achieve the other. The ability of the individual to protect a zone of privacy enables the realisation of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. Privacy has not been couched as an independent fundamental right. … The intersection between one’s mental integrity and privacy entitles the individual to freedom of thought, the freedom to believe in what is right, and the freedom of self-determination. When these guarantees intersect with gender, they create a private space which protects all those elements which are crucial to gender identity. The family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognises an inviolable right to determine how freedom shall be exercised. .. Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognised.”
In Navtej Singh Johar (supra), this Court read down Section 377 of the IPC insofar as it criminalized consensual sexual conduct between adults of same sex. Importantly, this Court also recognised that the members of the LGBTQ+ community are entitled to a full range of constitutional rights protected under the Constitution, including the right to dignity. Dipak Misra, CJ indicated the importance of dignity:
“144. Dignity is that component of one’s being without which sustenance of his/her being to the fullest or completest is inconceivable. In the theatre of life, without possession of the attribute of identity with dignity, the entity may be allowed entry to the centre stage but would be characterised as a spineless entity or, for that matter, projected as a ruling king without the sceptre. The purpose of saying so is that the identity of every individual attains the quality of an “individual being” only if he/she has the dignity. Dignity while expressive of choice is averse to creation of any dent. When biological expression, be it an orientation or optional expression of choice, is faced with impediment, albeit through any imposition of law, the individual’s natural and constitutional right is dented. Such a situation urges the conscience of the final constitutional arbiter to demolish the obstruction and remove the impediment so as to allow the full blossoming of the natural and constitutional rights of individuals. This is the essence of dignity and we say, without any inhibition, that it is our constitutional duty to allow the individual to behave and conduct himself/herself as he/she desires and allow him/her to express himself/herself, of course, with the consent of the other. That is the right to choose without fear. It has to be ingrained as a necessary prerequisite that consent is the real fulcrum of any sexual relationship.”
(emphasis supplied)
In Independent Thought v. Union of India, (2017) 10 SCC 800 this Court held that sexual intercourse with a girl below 18 years of age is rape regardless of whether or not she is married. This Court emphatically rejected the argument that the state had a compelling state interest in preserving the institution of marriage (even child marriages), and observed that the impact of Exception 2 to Section 375 IPC has to be considered with the social realities of the present. It is important to note that the broader issue of marital rape of adult women was not dealt with since the issue was not specifically raised in that case. In the context of right to dignity, it was observed:
“90. We must not and cannot forget the existence of Article 21 of the Constitution which gives a fundamental right to a girl child to live a life of dignity. The documentary material placed before us clearly suggests that an early marriage takes away the self-esteem and confidence of a girl child and subjects her, in a sense, to sexual abuse. Under no circumstances can it be said that such a girl child lives a life of dignity. The right of a girl child to maintain her bodily integrity is effectively destroyed by a traditional practice sanctified by IPC. Her husband, for the purposes of Section 375 IPC, effectively has full control over her body and can subject her to sexual intercourse without her consent or without her willingness since such an activity would not be rape. Anomalously, although her husband can rape her but he cannot molest her for if he does so he could be punished under the provisions of IPC. This was recognised by LCI in its 172nd Report but was not commented upon. It appears therefore that different and irrational standards have been laid down for the treatment of the girl child by her husband and it is necessary to harmonise the provisions of various statutes and also harmonise different provisions of IPC inter se.”
In the context of abortion, the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the state. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women.
Where two constructions of a provision are possible, courts ought to prefer the construction which gives effect to the provision rather than rendering the provision inoperative.[102] Courts must prefer a construction which is in favour of the constitutionality of the statutory provision.[103] A narrow, strict interpretation of a statutory provision which runs counter to the constitutional mandate should be avoided.
It seems to us that to give Rule 3B a restrictive and narrow interpretation would render it perilously close to holding it unconstitutional, for it would deprive unmarried women of the right to access safe and legal abortions between twenty and twenty-four weeks if they face a change in their material circumstances, similar to married women.
The Constitution Bench in Express Newspapers Ltd v. Union of India, 1959 SCR 12 : AIR 1958 SC 578 gave a wider meaning to Section 9(1) of the Working Journalists (Condition of Service) and Miscellaneous Provision Act 1955,[105*] to avoid rendering it unconstitutional. The Working Journalists Act provides for the relevant criteria for the fixation of the rate of wages. The petitioners in that case argued that the Working Journalists Act imposed unreasonable restrictions on the freedom to carry on business inter alia on the ground that the capacity of the industry to pay was not set out as one of the criteria in the fixation of wages by the Wage Board. This Court held that the capacity of the industry to pay was one of the essential circumstances which should be taken into consideration for fixation of rate of wages, higher than the bare subsistence or minimum wage.
[105* “Working Journalists Act”]
In Githa Hariharan v. Reserve Bank of India, (1999) 2 SCC 228 a three-Judge Bench of this Court had to interpret the term “after him” in section 6(a) of the Hindu Minority and Guardianship Act 1956, which provides that the natural guardian of a Hindu minor, in the case of a boy or an unmarried girl, is “the father and after him the mother.” This Court interpreted “after him” to mean “in the absence of” to further the constitutional mandate of gender equality as enshrined in Article 14 and Article 15 of the Constitution. This Court stated that narrowly interpreting the phrase to mean a disqualification of a mother to act as a guardian during the lifetime of the father, would have made the section unconstitutional for violating the constitutional prohibition against discrimination on the grounds of sex.
The object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between twenty and twenty-four weeks, rendered unwanted due to a change in the material circumstances of women. In view of the object, there is no rationale for excluding unmarried or single women (who face a change in their material circumstances) from the ambit of Rule 3B. A narrow interpretation of Rule 3B, limited only to married women, would render the provision discriminatory towards unmarried women and violative of Article 14 of the Constitution. Article 14 requires the state to refrain from denying to any person equality before the law or equal protection of laws. Prohibiting unmarried or single pregnant women (whose pregnancies are between twenty and twenty-four weeks) from accessing abortion while allowing married women to access them during the same period would fall foul of the spirit guiding Article 14. The law should not decide the beneficiaries of a statute based on narrow patriarchal principles about what constitutes “permissible sex”, which create invidious classifications and excludes groups based on their personal circumstances. The rights of reproductive autonomy, dignity, and privacy under Article 21 give an unmarried woman the right of choice on whether or not to bear a child, on a similar footing of a married woman.
In view of the purposive interpretation accorded to Rule 3B, we are not required to adjudicate upon its constitutional validity.
Article 51 of the Constitution requires the state to foster respect for international law and treaty obligations in the dealings of organised people with one another. The Protection of Human Rights Act 1993 recognises and incorporates international conventions and treaties as part of Indian human rights law.[107] International human rights norms contained in treaties and covenants ratified by India are binding on the state to the extent that they elucidate and effectuate the fundamental rights guaranteed by the Constitution.[108]
Article 6 of the International Covenant on Civil and Political Rights recognises and protects the inherent right to life of all human beings. The UN Human Rights Committee has remarked that, in terms of Article 6, State Parties have the responsibility to provide safe, legal, and effective access to abortion.[109*] Further, it was suggested that State Parties should disseminate quality and evidence-based information and education about sexual and reproductive health to prevent stigmatisation of women and girls seeking abortion.
[109* Human Rights Committee, General Comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, CCPR/C/GC/36 (30 October 2018)]
India has also ratified the International Covenant on Economic, Social and Cultural Rights,[110] which enumerates in detail the right to mental and physical health. The Committee on Economic, Social and Cultural Rights in their comment on Article 12 of ICESCR has observed that the right to sexual and reproductive health is an integral part of the right to the highest attainable physical and mental health[111].
[111* Economic and Social Council, General Comment No. 22 (2016) on the right to sexual and reproductive health (article 12 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/GC/22 (2 May 2016)]
India has ratified the Convention on the Elimination of All Forms of Discrimination against Women “CEDAW”. Article 12 of CEDAW requires the State Parties to take appropriate measures to eliminate discrimination against women in the field health care services in connection with family planning, pregnancy, confinement, and post-natal period. Similarly, Article 16 urges State Parties to eliminate all forms of discrimination against women and to ensure that they have the same right to decide freely and responsibly on the number and spacing of children and access the relevant information to effectively exercise these rights.
The UN Committee on the Elimination of Discrimination Against Women emphasized that State Parties should undertake appropriate measures to eliminate discrimination against women in their access to health-care services, particularly in areas of family planning, pregnancy and confinement, and post-natal period.[113*] It is also urged that State Parties should refrain from imposing barriers on women who seek to pursue their right to access healthcare, including reproductive healthcare.
[113* Committee on the Elimination of Discrimination Against Women, General Recommendation No. 24: Article 12 of the Convention (Women and Health), A/54/38/Rev.1, chap. I (1999)]
India’s obligations under international law require the state to bring the MTP Act in conformity with said obligations. The reproductive rights of women must be harmonised in light of the principles laid down under the Constitution as well as the principles of international law codified in the various international conventions ratified by India. Our interpretation of the MTP Act and the MTP Rules furthers India’s obligations under international law. However, the state must act proactively in order to ensure that women in India are able to actualize their right to reproductive health and healthcare, in line with the obligations assumed by the country under international law.
True realization of reproductive autonomy is possible only by addressing problems in the societal contexts within which individuals, particularly women, are situated. It is not only social stigma which prevents women from realizing the right to health but also caste and economic location. The cost of an abortion at a private hospital may be prohibitive for those whose monthly salaries are a fraction of that cost. Public hospitals in rural areas are often not equipped with the resources to provide the kind and quality of healthcare that ought to be provided free of cost or at highly subsidized rates. A lack of awareness about the resources that public hospitals offer coupled with the discriminatory attitudes of many health providers only serve to exacerbate this problem.
The MTP Act recognises the reproductive autonomy of every pregnant woman to choose medical intervention to terminate her pregnancy. Implicitly, this right also extends to a right of the pregnant woman to access healthcare facilities to attain the highest standard of sexual and reproductive health. It is meaningless to speak of the latter in the absence of the former. Reproductive health implies that women should have access to safe, effective, and affordable methods of family planning and enabling them to undergo safe pregnancy, if they so choose.
The Directive Principles of State Policy in Part IV of the Constitution lay down the fundamental principles in the governance of the country and press upon the state to apply them while making laws. Article 38(2) of the Constitution requires the state to promote the welfare of people and eliminate inequalities in opportunities:
“Article 38. State to secure a social order for the promotion of welfare of the people – ***
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.”
Article 47 of the Constitution contains a call to the state to improve public health:
“47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health – The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about the prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
In Devika Biswas v. Union of India, (2016) 10 SCC 726 the petitioners challenged the mass sterilisation program that was implemented by the government in highly unsanitary conditions. This Court recognized the need to respect and protect different facets of reproductive health as delineated in international human rights law. It noted that government policies affecting reproductive freedoms must be aimed at remedying the systemic discrimination prevailing in society and ensuring substantive equality. In Paschim Banga Khet Mazdoor Samiti v. State of West Bengal, (1996) 4 SCC 37 this Court observed that Article 21 imposes an obligation on the state to safeguard the right to health and the right to life of every person. It was held that this constitutional obligation exhorts the state to provide adequate medical services to the people and to ensure timely medical treatment to everyone. The above conspectus of cases reveals that the state has a positive obligation under Article 21 to protect the right to health, and particularly reproductive health of individuals. In terms of reproductive rights and autonomy, the state has to undertake active steps to help increase access to healthcare (including reproductive healthcare such as abortion).
The state must ensure that information regarding reproduction and safe sexual practices is disseminated to all parts of the population. Further, it must see to it that all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families. Medical facilities and RMPs must be present in each district and must be affordable to all. The government must ensure that RMPs treat all patients equally and sensitively. Treatment must not be denied on the basis of one’s caste or due to other social or economic factors. It is only when these recommendations become a reality that we can say that the right to bodily autonomy and the right to dignity are capable of being realized.
We clarify that nothing in this judgment must be construed as diluting the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994.
We dispose of the present appeal in terms of the reasons stated above. The writ petition before the High Court shall accordingly stand disposed of.
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Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT
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When you can no longer ignore the need to act against an annoying, disease carrying, even dangerous pest, it can be confusing as to which pesticide you should use. What chemical or substance should you use to take the fight to the pests in your life? This is no more so apparent as of late, where more and more people are thinking of taking the green option for their pest control needs. Should you use natural or synthetic pesticides and before you shake your head and give up, don’t worry, you are not the only person confused as to if one is better and safer than the other.
Aug 4, 2019 | 0 comments
Natural or “green” pest control companies apply and use resources for their “best pest control practices” that are touted as being much friendlier to the environment. These companies will set about any pest control program using chemicals that have a lower toxicity rating than those pest control applications you can find in the store, or used by mainstream pest control experts. Getting rid of unwanted insects and rodents can often see the need for toxic chemicals, but companies can use products of varying toxicities in order to end pest problems.
Why is Professional Pest Control so Expensive?
Jul 22, 2019 | 0 comments
Why is professional pest control so expensive? It’s a good question — and one that’s bound to be asked real loud — and repeatedly — when finally confronted with the cost of keeping unwanted pests from our homes and property. As, and let’s be honest here, you can go to the store and buy any amount of different chemicals and solutions that are relatively cheap and plentiful. You can spray, hose and wash down your house, garage, yard, and car to your hearts content. Get those pests gone. Claim back what is rightfully yours, your home, your space, your yard and garage.
May 16, 2019 | 0 comments
A major difference between the methods used for general pest control and termite control is that specialized products are needed to destroy the entire colony rather than just killing a few.
Pest control vs. Exterminator: What’s the difference?
May 8, 2019 | 0 comments
Recently people have been asking: Why are pest management professionals so distinct from exterminators? In times past, when people needed to get ants out of their homes, they would immediately call for help in exterminating them. The solution would usually be a chemical based pesticide that would see people have to leave their homes for a long time, and during their absence chemicals were deep sprayed round the property.
Is Pest Control Worth It? Everything you need to know
Apr 15, 2019 | 0 comments
If pests in your home worry you, then undoubtedly you will value the importance of pest control. Who wouldn’t want to have a home that was pest free? Exactly. Some methods will deliver more effective results than other ones (which, for example, take more time). As the customer it is entirely up to you which approach you decide to take as determined by time, cost and method.
Apr 8, 2019 | 0 comments
Does fly spray expire? Many manufacturers encourage consumers to discard insect repellents that are upwards of three years old. They further indicate that if a container shows a lot of that it may affect the efficacy of the product, e.g. if an aerosol is rusted, dented, in bad shape or if a tube is missing its top, etc.
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It was a great day as far as completing everything on my list. However, it was not the best day for my posts to work and come out the way they should. I am going to try and put the video up again in this post and see if I have better luck today.
The thought that ran through my head was “ suffered a sudden malfunction or irregularity”. Why would I have this definition ingrained in my brain?
It’s kind of an interesting story. I met a writer, while sitting in a casino waiting for my husband to get done with his fun. I was sitting at a small table writing and a man 89 years of age asked if he could please share the table. He had many stories to tell. His wife stopped by to check on him and he asked if she could run home and grab a copy of a manuscript.
What she brought back was amazing. She brought the original and a copy. Some of things I recognized as published and some of those handwritten thoughts had never been published. He worked with several writers and this was one of thing they had fussed with and it never made it into the a “story”.
The phrase was “Oh bother, I suffered a sudden malfunction or irregularity.”
When he gave me the copy of the manuscript he said, “Here is your copy and when I pass away my wife will send you the original. I said there was no need. He insisted that they get my information and address. About two years later I got the original manuscript certified mail with authentication papers.
That manuscript is displayed in a very special case in our local library. I still own it. I paid to have the case created to preserve the document as best we could and still share it with the public.
Thanks for sharing my ramble and let’s see, I can’t put the video from the other post here, but I can put the link.
Do you know who the author that my “friend” had worked with? Can you tell from the quote?
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Written by Ghostwriter
January 18, 2019 at 2:49 pm
There were times in the past where I also experienced such things, a sudden malfunction or irregularity. For me, it usually comes from saturation that reaches its peak.
January 19, 2019 at 1:02 am
Well that would certainly do it! Thanks for commenting.
mavic123456 says:
January 18, 2019 at 12:23 pm
well it happens to us, when we can not remember anything and seems that our brain is not functioning. you just need to reboot your system.
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Month: April 2019
I journeyed from Yorkshire to London and back again this weekend, and so forgive me if today’s post is a little shorter than usual. Of course, it’s a voyage that Anne Brontë herself made in July 1848, on her one and only journey outside Yorkshire. As we’ve looked at in previous posts, it’s likely that either Anne or Charlotte inadvertently brought tuberculosis bacillus back with them, starting a chain of events that would see Branwell, Emily and finally Anne herself die of the disease within a year of their visit to the capital.
The bottom right panel of this Cornhill door shows Anne and Charlotte Bronte on their visit to London
London was as beautiful as ever yesterday, although the north winds of Storm Hannah were rushing through its streets and sending grass cuttings flying everywhere. It was an inconvenience, but for the Brontës of Haworth the north winds could be much worse as they often presaged periods of illness. Charlotte also spoke of how melancholy the sound of the wind made her; in a letter of October 1836 to her beloved friend Ellen Nussey, she wrote:
“Excuse me if I say nothing but nonsense, for my mind is exhausted, and dispirited. It is a Stormy evening and the wind is uttering a continual moaning sound that makes me feel very melancholy. At such times, in such moods as these Ellen it is my nature to seek repose in some calm, tranquil idea and I have now summoned up your image to give me rest. There you sit, upright and still in your black dress and white scarf – your pale, marble-like face, looking so serene and kind – just like reality. I wish you would speak to me.”
For Anne Brontë, however, the sound of wind was one she associated with home, and it inspired two poems by her, her wonderful nature poem ‘Lines Composed in a Wood on a Windy Day‘, and the altogether different ‘North Wind’. Anne was just 18 when she wrote this poem, and like many of her youthful works it is based in the kingdom of Gondal that she created with Emily Brontë. Like many of these Gondal verses it is set in a dungeon, as the narrator, Alexandrina Zenobia in this case, finds solace in her solitary despair from a breeze that reminds her of home. It’s a lovely poem, and I leave you with it now:
“That wind is from the North, I know it well;
No other breeze could have so wild a swell.
Now deep and loud it thunders round my cell,
The faintly dies,
I know its language; thus is speaks to me —
‘I have passed over thy own mountains dear,
Thy northern mountains — and they still are free,
And stern and lovely, as they used to be
As wild and free as they,
Didst often love to stray.
In whirling eddies from their brows,
And I have howled in caverns wild
The sweet world is not changed, but thou
Where thou must ever be;
No voice but mine can reach thine ear,
And Heaven has kindly sent me here,
To mourn and sigh with thee,
However sad and drear,
I have had to bear.
Hot tears are streaming from my eyes,
But these are better far
Confined and hopeless as I am,
O speak of liberty,
O tell me of my mountain home,
Posted on 28th April 2019 28th April 2019 2 Comments on Anne Brontë And ‘The North Wind’
I know that many people today will be laying out egg hunts in their beautiful gardens, cooking a roast and spending quality time with the people they love – to those I say Happy Easter. There’s another cause for joy, and in fact it’s not only a double celebration but a triple celebration!
On this day in 1816 a very special event had taken place in Thornton Parsonage near Bradford, as it was on this day that a girl we would all come to know and love was born: Charlotte Brontë. Almost exactly a year later, on the 20th April 1817 a special event of a similar kind was taking place in Birstall, in the West Riding of Yorkshire, for the day before Charlotte’s first birthday saw the birth of Ellen Nussey.
Charlotte and Ellen became the closest of friends after they met at Roe Head School in January 1831, and so doubtless in subsequent years they would have delighted in celebrating each others birthday jointly with their own. That’s what I’m going to do today. Ellen it was, more than anyone, who preserved the Brontë legacy, and who ensured that people throughout the centuries to come could understand what this remarkable family was truly like. She deserves to be remembered, which is one reason I’m delighted to be working on a book about Charlotte and Ellen at the moment, so today let’s take a look at what Charlotte and Ellen had to say about each other:
“When I first saw Ellen I did not care for her. We were schoolfellows – in the course of time we learnt each others faults and good points. We were contrasts, still we suited – affection was first a germ, then a sapling, then a strong tree: now, no new friend, however lofty or profound in intellect, not even Miss Martineau herself, could be to me what Ellen is, yet she is no more than a conscientious, observant, calm, well-bred Yorkshire girl. She is without romance – if she attempts to read poetry or poetic prose aloud I am irritated and deprive her of the book; if she talks of it I stop my ears. But she is good – she is true – she is faithful and I love her.”
Roe Head school, Mirfield, where Charlotte and Ellen first met
“Turning to the window to observe the look-out I became aware for the first that I was not alone; there was a silent, weeping, dark little figure in the large bay window; she must, I thought, have risen from the floor. As soon as I had recovered from my surprise, I went from the far end of the room, where the book-shelves were, the contents of which I must have contemplated with a little awe in anticipation of coming studies. A crimson cloth covered the long table down the centre of the room, which helped, no doubt, to hide the shrinking little figure from my view. I was touched and troubled at once to see her so sad and tearful.”
“If I like people it is my nature to tell them so and I am not afraid of offering incense to your vanity. It is from religion that you derive your chief charm and may its influence always preserve you as pure, as unassuming and as benevolent in thought and deed as you are now. What am I compared to you? I feel my own utter worthlessness when I make the comparison. I’m a very coarse common-place wretch!”
Ellen Nussey in later years
“She never shirked a duty because it was irksome, or advised another to do what she herself did not fully count the cost of doing, above all, when her goodness was not of the stand-still order, when there was new beauty, when there were new developments and growths of goodness to admire and attract in every succeeding renewal of intercourse, when daily she was a Christian heroine, who bore her cross with the firmness of a martyr-saint.”
“My darling if I were like you I should have my face Zion-ward though prejudice and mist might occasionally fling a mist over the glorious vision before me, for with all your single-hearted sincerity you have your faults. But I am not like you. If you knew my thoughts, the dreams that absorb me, and the fiery imagination that at times eats me up and makes me feel Society, as it is, wretchedly insipid, you would pity and I dare say despise me.”
Ellen Nussey in old age, painted by Frederic Yates
“She was so painfully shy she could not bear any special notice. One day, on being led into dinner by a stranger, she trembled and nearly burst into tears; but not withstanding her excessive shyness, which was often painful to others as well as to herself, she won the respect and affection of all who had opportunity enough to become acquainted with her. Charlotte’s shyness did not arise, I am sure, either from vanity or self-consciousness, as some suppose shyness to arise; its source was in her not being understood. She felt herself apart from others; they did not understand her, and she keenly felt the distance.”
“To her had not been denied the gift of beauty. It was not absolutely necessary to know her in order to like her; she was fair enough to please, even at the first view. Her shape suited her age: it was girlish, light, and pliant; every curve was neat, every limb proportionate; her face was expressive and gentle; her eyes were handsome, and gifted at times with a winning beam that stole into the heart, with a language that spoke softly to the affections. Her mouth was very pretty; she had a delicate skin, and a fine flow of brown hair, which she knew how to arrange with taste; curls became her, and she possessed them in picturesque profusion.”[This description is of Caroline Helstone in ‘Shirley‘, a character based upon both Ellen Nussey and Anne Brontë]
A young Ellen Nussey, drawn by Charlotte Bronte
“Haworth of the present day, like many other secluded places, has made a step onwards, in that it has now its railway station and its institutions for the easy acquirement of learning, politics, and literature. The parsonage is quite another habitation from the parsonage of former days. The garden, which was nearly all grass, and possessed only a few stunted thorns and shrubs, and a few current bushes which Emily and Anne treasured as their own bit of fruit-garden, is now a perfect Arcadia of floral culture and beauty. At first the alteration, in spite of its improvement, strikes one with heart-ache and regret; for it is quite impossible, even in imagination, to people those rooms with their former inhabitants. But after-thought shows one the folly of such regret; for what the Brontës cared for and lived in most were the surroundings of nature, the free expanse of hill and mountain, the purple heather, the dells, and glens, and brooks, the starry heavens, and the charm of that solitude and seclusion which sees things from a distance without the disturbing atmosphere which lesser minds are apt to create. For it was not the seclusion of a solitary person, such as Charlotte endured in after days, and which in time becomes awfully oppressive and injurious. It was solitude and seclusion shared and enjoyed with intelligent companionship, and intense family affection.”
Haworth Parsonage as Charlotte and Ellen knew it
We can all enjoy the intelligent companionship of the Brontës today, partly thanks to the support and championing of their cause by Ellen, long after they had shuffled off this mortal coil. So let’s put down our chocolate, raise a glass, and say ‘Happy birthday, Charlotte Brontë and Ellen Nussey.’
Posted on 21st April 2019 21st April 2019 1 Comment on Happy Birthday Charlotte Brontë And Ellen Nussey
Anne Brontë was a lover of truth above all else, she did after all write that, ‘If I can gain the public ear at all, I would rather whisper a few wholesome truths therein than much soft nonsense.’
That’s one reason that Anne’s novels feel so vital and relevant today, she was throwing a spotlight on the society and times that she lived in, and fighting for equality and tolerance. Social justice, in its broadest sense, is something we associate more with Anne’s work than that of her sisters, and yet there is one other Brontë novel that squares up to some of the social problems of their day: ‘Shirley‘ by Charlotte Brontë.
An illustration to Shirley by Edmund Dulac showing Caroline and mill owner Moore.
‘Shirley’ is a long and complex novel; it’s my favourite Charlotte Brontë work, a view that the author herself shared, although I know not everyone agrees. At its heart is a love story, or two love stories to be precise, but it’s also a novel in which Charlotte looks at some of the inequalities of her time. The Luddite unrest portrayed in her novel was well known to her father Patrick who was in situ in Hartshead at the time of the attack on nearby Rawfolds Mill (that’s it at the top of this post), but Charlotte also uses the Luddite cause as a symbol of the Chartist unrest that was tangible at the time that she was writing ‘Shirley’. The north of England felt like a tinderbox, and a sudden spark could have set a working class revolution ablaze.
With political uncertainty of a different kind engulfing the UK at the moment (don’t worry, I’m steering clear of discussing that), ‘Shirley’ really is a novel for our times. I know that lots of people are reading it at this very moment, and one such reader contacted me lately with a question which we will look at in today’s post. They had visited the beautiful Hewenden Mill near Haworth; it’s now a luxurious place to stay, and they also host a number of retreats and events there, but as we shall see it was once very different.
Hewenden Mill today consists of beautiful holiday homes
They had been told that the mill may have connections to ‘Shirley’, and that Charlotte Brontë had once talked to the owner, a Mr Butterfield, there. That’s an intriguing suggestion which I hadn’t hear before, and although the mill and Butterfield were well known to Charlotte, it can’t be said that they were on friendly terms.
The woolen industry completely transformed the West Riding of Yorkshire, and neighbouring Lancashire, in the first half of the nineteenth century, and at the time the Brontës lived there, the population of Haworth was rapidly expanding. Many of the populace worked as hand loom weavers and spinners in infernally hot rooms within their own homes, with one property often housing multiple factories. Others, however, worked long, punishing hours at the local mills, and Hewenden Mill was among the largest.
Butterfield owned property in Haworth but also Cliffe Castle, now a museum in Keighley
The growing population, poor working conditions and lack of a clean water supply combined to make Haworth one of the unhealthiest places in England, comparable to Whitechapel and other inner London slums. Patrick Brontë realised this, and it was his persistent lobbying that led the government to send an official inspector to Haworth, Benjamin Herschel Babbage, in October 1849. The findings were shocking, something had to change. Nevertheless, Patrick still had to lobby for the recommended changes to be implemented, including better sanitation and the building of a reservoir on the moors outside the village.
This saved thousands of lives over the years and decades to come, but one man in particular opposed Patrick’s philanthropy: the mill owner Richard Shackleton Butterfield. Butterfield was, in short, almost a caricature of a wicked Victorian industrialist. Immensely wealthy, he paid his workers the lowest wage possible, and vehemently opposed any moves to improve the quality of life of mill workers. His mill was staffed by the bare minimum number of workers, which he achieved by making them work two looms each at a time, a very dangerous practise.
Luddites in action
On 18th May 1852 his workers downed tools and went on strike. When they refused to return, Butterfield, who was also a magistrate, had eight ringleaders arrested, and two were sentenced to do two months’ hard labour. A third man, Robert Redman declared in court that he had evidence which would prove Butterfield’s malpractice and law breaking. We don’t know the nature of this evidence, but it was enough to make the mill owner throw up his hands and admit that he was at fault. The men were freed, and Butterfield was ordered by the court to pay the mens’ wages.
Many in Haworth delighted at this defeat for the unpopular mill owner, and we know that Patrick, who’d had many a run in with him, and his daughter Charlotte were among them. On 2nd June 1853, Charlotte Brontë wrote to her father from Filey, stating:
‘I cannot help enjoying Mr. Butterfield’s defeat – and yet in one sense this is a bad state of things, calculated to make working class people both discontented and insubordinate’
Cliff House, Filey from where Charlotte wrote to her father – now a fish and chip restaurant.
Charlotte was clearly conflicted. Earlier posts have shown how Charlotte herself had become known around the Haworth area for her philanthropy and her kindness towards the poor, and yet at heart she was also a believer in many of the social systems that were in place at the time. This conflict of the author is also evident in ‘Shirley’, are we supposed to side with Moore the mill owner, who is the romantic hero after all, or his downtrodden workers?
One thing seems clear to me, if Charlotte Brontë had indeed walked and talked with Richard Butterfield, it would only have been to mediate in some sort of dispute between him and her father. Both Richard Butterfield and Patrick Brontë were among the most influential and powerful men in the Haworth district at the time, but there the similarity ended.
Posted on 14th April 2019 14th April 2019 Leave a comment on The Brontës, Butterfield And Trouble At The Mill
Why Did The Brontë Sisters Turn To Novels?
“The heavy, walnut door creaked on its hinges in the Paternoster Row office, and candles flickered around a room that was as gloomy within as the fog drenched street without.
‘A letter for you, Mr Aylott’, a shy, quiet voice intoned before placing the missive on the wax stained table before him as proof of his assertion.
‘Thank you, Mr Jones’, replied the older man who looked as if the red leather chair around him had fitted itself to his form over a succession of sedentary years. He took the letter by one corner and opened it carefully, as carefully as if he were negotiating a deal with a prospective new writer. The paper inside the envelope was tiny, the writing upon it tidier with words cut short to save on space. This was not a letter with a prosperous origin. He read:
‘C. E. & A. Bell are now preparing for the Press a work of fiction – consisting of three distinct and unconnected tales which may be published either together as a work of 3 vols. of the ordinary novel-size, or separately as single vols – as shall be deemed most advisable. It is not their intention to publish these tales on their own account.’
‘It is a letter from Currer Bell, of that northern family whose poetry we recently published, Mr Jones – they propose novels to us.’
‘But we do not publish novels, Mr Aylott?’
‘No, we haven’t sunk quite that far yet, Mr Jones. This Bell is clearly a chap in need of money, in need of help. I will send them a list of publishers of novels – it may be of no use to them, but when means are scarce, hope can be a welcome dish.’”
Forgive me my momentary reverie there; I was imagining a scene that might have played out on this very week 173 years ago, for on 6th April 1846 Charlotte Brontë, still using her pen name of Currer Bell, sent the letter mentioned above to Messrs Aylott and Jones of London. It was a letter that went unheralded at first, but it was to change literary history forever, as it showed that the Bell brothers, by which of course we mean the Brontë sisters, had turned their attention from poetry to novels.
Aylott & Jones had recently published the sisters’ brilliant collection of poetry, ‘Poems by Currer, Ellis and Acton Bell‘; it had gained positive reviews, where it had been reviewed at all, but sales had been poor, and the sisters seemingly had little hope of recouping the £35 or so they had paid the publisher to see their work in print.
Poems by Currer, Ellis and Acton Bell
Many people would have given up in despair at this point, or at least been greatly discouraged, but thankfully for us all, our favourite Haworth family were made of sterner stuff. They realised that their writing was good, but the form they had placed before the public was wrong. The early decades of the 19th century was the golden era of the Romantic Poetry movement, and sales of verse had been strong, but by the time the Brontës were writing they were already in steep decline. The slump was so pronounced that even legendary poets such as Elizabeth Barret Browning and William Wordsworth were finding it hard to persuade great poetry publishers such as Edward Moxon to publish new volumes of their work.
Wordsworth’s sales were falling by 1846, today marks his 249th birthday!
With this in mind, Charlotte, Emily and Anne decided to return to an old love: prose. Their juvenilia is full of sparkling prose (although sadly Anne and Emily’s Gondal prose is now lost) and was a prodigious output, and these years spent honing the craft of novel writing in childhood and youth were to pay dividends.
In her ‘Biographical Notice’ of her sisters, Charlotte Brontë explained what happened next:
‘Ill-success failed to crush us: the mere effort to succeed had given us a wonderful zest to existence; it must be pursued. We each set to work on a prose tale: Ellis Bell produced ‘Wuthering Heights’, Acton Bell, ‘Agnes Grey’, and Currer Bell also wrote a narrative in one volume. These MSS. [manuscripts] were perseveringly obtruded among various publishers for the space of a year and a half; usually, their fate was an ignominious and abrupt dismissal.’
Did Emily and Anne set to work on their ‘prose tales’ after the failure of their poetry enterprise as indicated above? The evidence seems to suggest they may already have been working on them for some time. ‘Wuthering Heights’ appears highly influenced by the strange but true story of Law Hill school in Halifax, where Emily taught in 1838, and the nearby High Sunderland Hall is often thought of as an inspiration for the titular building of the novel.
In her diary paper of July 1845, Anne Brontë wrote:
‘I have begun the third volume of passages in the life of an Individual. I wish I had finished it.’
It seems to me that this ‘life of an Individual’ is likely to be a prototype of ‘Agnes Grey’. Emily and Anne may have long been working on their novels then, and eventually they found favour with the publisher Thomas Cautley Newby, although, just as Aylott & Jones had done, he asked for the writers to pay a fee to enable publication.
Charlotte’s letter had stated that they would not be prepared to pay any such fee this time, but after a year and a half of rejections, their stance had softened somewhat. The fee was paid and these brilliant books were accepted. If we look at Charlotte’s biographical notice again, we see that she refers to her own contribution to the scheme with the dismissive words, ‘Currer Bell also wrote a narrative in one volume.’
Charlotte’s ‘The Professor’ found no takers until after her death, but once again she didn’t give up and wrote a further novel in great haste, starting in the gloom bestrewn streets of Manchester (some things never change) while she nursed her father after his eye operation. Written at great speed, but full of genius. Elizabeth Gaskell explained what happened:
‘She had the heart of Robert Bruce within her, and failure upon failure daunted her no more than him. Not only did ‘The Professor’ return again to try his chance among the London publishers, but she began, in this time of care and depressing inquietude – in those grey, weary, uniform streets, where all faces, save that of her kind doctor, were strange and untouched with sunlight to her, – there and then, did the genius begin Jane Eyre‘.
The site where Charlotte commenced Jane Eyre in Manchester is now The Salutation inn
That letter of April 1846 then is one we should all cherish, for from it came immortal works of beauty and power. What was unheralded and unloved has become adored the world over, and will be while the sands of time still run.
Posted on 7th April 2019 7th April 2019 Leave a comment on Why Did The Brontë Sisters Turn To Novels?
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If you’re planning a vacation in Eisenhower East in the city of Alexandria, Virginia, make sure to follow these 5 tips! Each one will help you make the most of your time away.
1. Before you plan your vacation, make a list of what you want to do and see. This will help narrow down your options and make the process of planning easier.
2. Once you have a general idea of what you’d like to do, start looking at travel resources to get an idea of prices and available dates. There are many online databases that can be helpful in this regard, as well as travel magazines or newspapers.
3. Once you have a good idea of the price range and dates that work for you, start making reservations! Try contacting hotels, resorts, or other businesses directly to get rates and availability information before booking anywhere else. It’s also a good idea to compare rates online before making any commitments.
4. When reserving accommodations, it’s important to remember that some places require a minimum stay length while others may only require a certain number of nights booked in advance; it’s always worth checking with the establishment beforehand to be sure!
5. Finally, once all your reservations are made and confirmation emails have been sent out – relax! You’ve successfully planned your vacation!
You should start planning your trip as soon as you have a rough idea of when you want to go.
The budget is important when planning a vacation. You should always remember to save money for things like food, transportation, and lodging.
How Should I Book My Accommodations?
When booking your accommodations, make sure to consider the type of vacation that you are looking for. You can find both luxury and budget-friendly accommodations in Eisenhower East, Alexandria, VA.
What Are The Best Tips For Enjoying My Trip?
Here are five tips that will help you to enjoy your trip!
1. Make sure to schedule enough time for relaxation and downtime.
2. Be sure to enjoy the local food and beverages.
3. Plan your activities carefully so that you are able to enjoy each and every moment.
4. Bring along sunscreen, hats, and sunglasses to avoid getting sunburned.
5. Make sure to take advantage of the local attractions and activities!
Planning a vacation in Eisenhower East is a great way to spend a relaxing getaway. Make sure to pack sunscreen, hats, sunglasses, insect repellent, and water bottles, and you’re ready to go!
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33 Their wine is snakes’ poison, the deadly venom of cobras. 34 “Is this not stored up with me?” says the Lord, “Is it not sealed up in my storehouses? 35 I will get revenge and pay them back at the time their foot slips; for the day of their disaster is near, and the impending judgment is rushing upon them!” 36 The Lord will judge his people, and will have compassion on his servants;62 when he sees that their power has disappeared, and that no one is left, whether confined or set free. 37 He will say, “Where are their gods, the rock in whom they sought security, Source
28 Someone who rejected the law of Moses was put to death without mercy on the testimony of two or three witnesses. 29 How much greater punishment do you think that person deserves who has contempt for the Son of God, and profanes the blood of the covenant that made him holy, and insults the Spirit of grace? 30 For we know the one who said, “Vengeance is mine, I will repay,” and again, “The Lord will judge his people.” 31 It is a terrifying thing to fall into the hands of the living God. 32 But remember the former days when you endured a harsh conflict of suffering after you were enlightened. Source
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recreation | documenting everyday life - carrie owens photography | salt lake city utah teen + senior photographer | high school althlete photographer
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What does your family do for fun?
There are lots of things we need to do as a family, lots of obligations and things that we have committed to doing. Many of those things we love (swimming, football, etc) and many we’d rather do without (laundry, dishes, homework) and there are many other things that we do as a family just for fun. These are many of the things that I want the kids to remember when they are grown and have families of their own. I want them to remember that we did things together.
That we enjoy life together.
In these photos above there are things skiing and boating and going to movies (we do that as a family a lot and the kids also do a lot of that with their grandfather). I also included things like drawing and sidewalk chalk and I couldn’t forget our trips to Ikea. It may seem silly to snap a photo as you’re sitting in a movie theater waiting for it to start, but if you’re doing something as a family for fun – grab a photo!
Some opportunities to capture the ways that your family has fun with your camera:
backyard fun – playing catch, running through the sprinkler, making forts, playing horseshoe, etc
going to the park – swinging, climbing, slides, playing catch
going on family vacations – or staycations!!
drawing, crafting, painting
winter fun – walks in the snow, building snowmen, snow angels, snowball fights
summer fun – sprinklers, swimming pools, water balloon fights
reading, movies, screen time, painting finger nails, playing board games, puzzles, etc
There are lots of things that you could be taking photos of as your family just enjoys having time “off”. Try and think of creative ways to showcase these activities and remember to get shots of the overall activity as well as detail shots and don’t forget to shoot from different angles and perspectives…and most importantly – have fun!!
This post is part of a 31 day series. Read the first post here about documenting everyday life and see a list of all of the other posts in the series.
Oct 15, 2014
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thrity one days of documenting your everyday life | a series » carrie owens photography | salt lake city utah child + family photographer says:
October 25, 2014 at 6:11 pm
[…] day fifteen | recreation […]
our hobbies | documenting everyday life » carrie owens photography | salt lake city utah child + family photographer says:
October 27, 2014 at 11:31 am
[…] would say that documenting your hobbies is a lot like documenting what you do for recreation…I see the similarities, but I also see the difference. For me, hobbies are more what each of […]
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We headed out onto the river today, checking out the start of the nearby lake before heading downriver towards the Caribbean town of Livingston. Actually the first stop was at a river side service station to get some petrol, but that wasn’t particularly interesting. Upriver to the start of the lake we slowly moved around the Spanish Fort sitting on a little peninsula, looking at the myriad cannons and the local guy using a snorkel and mask to hunt for fish in the shallows. Turning around we stopped a few times to look at rousting birds; pelicans, cormorants and egrets. There was a little island of vegetation in the middle of the river that mad cormorants and their newly hatched young.
The boat then picked up speed and we raced downriver, through a wider stretch that obviously didn’t have much to recommend other than the view over the water to the distant green hills. We passed the odd little canoe with either one or two people paddling or fishing. Just when the trip was getting boring we slowed down, coming to a part of the river where an inlet had formed. There were large mats of lily pads, white flowers pointing to the sky.
Bees and lily pads
The young man with his crab
Slowly we coasted around the inlet looking at the lily pads and the mangroves in the background. Features appeared as we looked around, bees landing in flower heads, long toes birds picking their way over the lily pads looking for food. A small boy appeared in a canoe (this happens all over the world, people appearing out of nowhere) and showed us the crab he had recently caught. Once he wasn’t interesting anymore we moved around to the far side of the lagoon to a house which turned out to be a local store.
Some bought coconuts, most just had a look around. A young girl was following her mother through the inlet and she was impishly cute, paddling constantly back just to have a look at us all. Some of the guys bought her and the young man from earlier a couple of little gifts, food I think. In the distance on the river I watched a couple of guys in a canoe getting closer. They were fishing, the man standing in the front pulling in his net before winding it over his arms, checking all was OK before flinging in out into the river. Each time the net unravelled into what seemed an impossibly large area.
Further down river the boat took a diversion down a tributary and we docked at a local craft collective. Shopping was done and we took the five minute walk to see some large rapids labelled as a waterfall. Sam was the only one brave enough to tackle the water and had a quick ride on the waves, plunging down the fast flowing stream. On the walk back to the boat we stopped to look at a huge locust sitting on a path side plant. It was about four inches long but thankfully quite placid in the cool air.
The huge locust
The journey continued and we arrived in the sea side town of Livingston. There was a Caribbean feel to the place, once more laid back and colourful. We ate at a local restaurant (and tour agency) called Happy Fish, many having the speciality of tapado, a coconut based fish soup that contained a whole crab, fish and a number of prawns. While eating Josh and Mark were convinced that they should have their hair braided by very persistent local ladies. The end results were mixed, Josh looking a little ridiculous really while Mark’s hair was OK in a surfy, bohemian kind of way.
Josh with his hair done
After lunch and a quick wander down the main street and into a few shops it was back to the boat for the trip back to the hotel. One more stop was taken at some riverside hot springs, most of the group taking a dip in the walled pool constructed around the underwater springs. An evening of relaxation followed dinner.
Sam flipping into the river
Again we were treated to a night of heavy rain and thunder. It was obvious that the river was rising each day, we’d get up and the boardwalk would be closer to the water. Still, it was easier to sleep this time without the enclosure of the mosquito net keeping in the heat.
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It’s hard to make it there, says a very interesting article in today’s Wall Street Journal (the article is behind a pay wall, I think). Evidently everything from processed cheeses to tomatillos to corn fit for human consumption can be very hard to come by. That’s a big frustration, certainly for foreign food chain operators, but also for food truck entrepreneurs seeking to pull off higher-end versions of American and British lunchtime staples. Where do you get pastrami in Paris? Who knows?
Personally I’m conflicted about French fast food. On the one hand I’m a great believer in innovation and think that people should be able the foods they want. A typical American, in other words. Right now a lot of young urbanites in Paris want access to fast foods (albeit in upscale versions) since like office workers everywhere they’re busy and don’t have time for table service in the middle of the day.
On the other hand it seems a bit of a shame. I think many Americans, while we like to make fun of stuffy French attitudes toward food, also admire the way the French have managed to stave off modernity for so long and stick to their culinary guns. It’s part of the reason so many of us like to go to France! So I suppose, reading the article, I didn’t have great sympathy for the vendors who had a hard time finding the right beef for their Philly cheese steaks. All that changed when I read about the guy who couldn’t find good hot dogs. I’m a born and raised Chicagoan. Access to top quality hot dogs, I believe, should be a universal human right. Can the U.N. intervene here maybe?
Posted on 09/12/13 09/13/13 Author joepastryCategories Pastry
rainey says:
09/12/13 at 4:10 pm
What’s behind a lot of it, beyond palates, is a fierce protection of French farmers and I respect that.
09/12/13 at 7:15 pm
Yes, being from a family of farmers, I’d have to say that’s important! Thanks, Rainey!
– Joe
phanmo says:
09/12/13 at 4:21 pm
I live in Nantes, France, and and have been for 8 years. The processed cheese claim is bogus; you can find it in any supermarket (as “fromage pour croque-monsieur” or “pour hamburger”) and it has been available in bulk in both of the pro-only restaurant supply chain stores I’ve been to (Metro and Promocash if anyone’s interested).
However, the other two claims are correct. I haven’t had fresh corn in almost 7 years, the last time being when I was home in Toronto at the right time of year.
I don’t know why the person cited in the article was surprised to not find tomatillos; they’re pretty much totally unknown anywhere where there isn’t a Latin-American population of note, which is to say everywhere in the world apart from North and South America (and they’re not very well known in Canada outside of large metropolitan areas). It’s sort of like being surprised that durian isn’t readily available in Oslo.
EDIT: Having now read the article, I realize that they don’t actually say that processed cheese is difficult to find in France.
09/12/13 at 7:19 pm
True enough, Phanmo, I got breezy with the prose. Though it seemed to me they were having trouble finding the right ones with the right melt point…I might have been reading into that, it’s a big issue for some of my clients! But thanks for the insider info!
– Joe
09/12/13 at 7:33 pm
Tomatillos are Mexican (and the North part of Central America), you cannot find them in any other of the Latin American cuisines. Tomatillos and poblano peppers are very hard (if not impossible) to find in the rest of Latin America, which is a shame for those of us who love Mexican food.
09/16/13 at 1:43 pm
I didn’t know that, Andrea. Thanks for the info!
– Joe
Claudine in France says:
09/12/13 at 4:27 pm
I haven’t read the WSJ article (pay wall!!), but I urge you not to think of Paris as representative of the whole of France.
In real France (outside Paris), life goes on at its usual slow pace. There may be more “MacDos” in la province (= back of beyond for snooty Parisians!) than a few years ago, but traditional foods are still very present in everyday life, at home and in restaurants.
Some is good, some not so much, but the French way of life is alive and well and living outside Paris.
Claudine (in rural France)
09/12/13 at 7:23 pm
I’m very glad to hear that, Claudine! We in the States do tend to think that Paris is France, and you’re right that it’s a very important distinction. A good friend of mine is in the vicinity of Bordeaux right now, he is reporting many good times and fine meals. I hope he brings me some cannelé molds!
– Joe
uptight says:
09/18/13 at 7:28 pm
That’s a case in point. When I read reports about Berlin (especially in English-language publications) I usually think that they haven’t been written about the country I live in – and my place in GER isn’t exactly backwards, either (but I still can get corn ifit’s in season). This thinking must be so common because it fits into a paragraph.
09/19/13 at 5:18 pm
That’s alost certainly where the bureau is, but that’s interesting. I can certainly understand the confusion!
Do you ever eat corn on the cob like we do in the States? I’m told that’s not done in you part of the world!
– Joe
Chana says:
09/12/13 at 4:46 pm
I dunno. There’s something about the French clamoring for processed cheese that I find baffling. But I guess the issue here is having the option.
09/12/13 at 7:24 pm
They’ve had it for a long, long time. Laughing Cow is a great example. When I was in France in college, lo those many years ago, I remember being quite surprised by it. Lots of people like it!
– Joe
Frankly says:
09/12/13 at 10:51 pm
BAH! I would gladly live in a world with no McAwfuls and its cousins. If they want a food truck meal whats wrong with a crepe? Quick to produce and ready for a million combinations of quality fillings. If I could I’d go there myself. The truck would be painted to look like the space shuttle & would be titled “Crepe Canaveral”.
09/16/13 at 1:46 pm
Oh man, the punning. I have a brother-in-law who’s an unstoppable punster. Most days I want to kill him.
– Joe
09/13/13 at 3:49 pm
Wow really? I feel the pain of finding stuff, the fresh corn here doesn’t hold a candle to what I’d get in Kentucky, I could eat that stuff raw off the cob. And don’t get me started on the hotdogs here, most have a strange texture short of the super expensive ones, or the ones you get from a food cart type (IE in a bun, fast food)
That or just really grilling the cheapies, but I’m not one for black dogs. :/
09/16/13 at 1:49 pm
Being a Midwesterner born and raised, I don’t know what I’d do without corn come late summer. Lack of hot dogs, though, that would put me over the edge. They must have some sort of decent sausages there, no?
– Joe
09/15/13 at 9:42 pm
You can get pastrami in Paris:
David Lebovitz, an American in Paris, writes a lot about the foods available–or not–in Paris. You should check it out.
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Speaking of t-shirts, I came across the work of this illustrator via Threadless. Her t-shirt design, The Tree Referendum, was featured in Monday’s newsletter and I loved the style, so I immediately looked her up. And it came as no surprise that her portfolio site features lots more beautiful work. (I absolutely love the script (which I assume is handdrawn) used for her logo. She should make it into a typeface—I’d be the first in line to buy it.)
For even more from Esther, check her out at Bēhance and on Flickr.
Courtney is the founder of Design Work Life and Seamless Creative, a small design studio she runs with her husband Brian. She now splits her time between developing brand identities for small businesses and soaking up (and passing along) as much inspiration as she possibly can.
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Rather, try to be warm, open, and happy keep an open thoughts and remain hopeful that the individual you are on the date with has the possible to be a unique individual in your life. Attempt to come across the excellent qualities in your date , and let your content side shine by way of. There are also a number of factors that you really should try to steer clear of as you operate on dating a lot more mindfully. The subsequent time you obtain yourself engaging in one of the following behaviors, think about how you could turn the scenario about and method it from a more mindful point of view. doublelist scranton The point is to just usually be operating towards becoming the most effective version of your self you can be at any given time. Sylvia Smith loves to share insights on how couples can revitalize their really like lives in and out of the bedroom. As a writer at Marriage.com, she is a large believer in living consciously and encourages couples to adopt this principle in their lives also. Sylvia believes that each couple can transform their relationship into a happier, healthier a single by taking purposeful and wholehearted action. You can come across hundreds of these apps, and you can try some out. Perhaps you had an amazing conversation on the net with a person whom you make a decision to meet, and then they barely say a word. Meeting a stranger is often awkward, and on the net dating, particularly, lends itself to folks who are shy in social circumstances. Not only is it insanely distracting, but it is starting the possible partnership with dishonesty rather than trust. This also goes for exaggerating, or outright lying, when it comes to your job, education, or something you come across oneself tempted to say to get a meeting in individual. I guarantee if they discover out you tricked them, they will assume every thing you have said was a lie. Tell an individual that you have dabbled in on line dating and they could give you a appear like they re thinking about which letter of the alphabet would be most proper to give you in scarlet. city hookup guide connecticut The brain plays interesting tricks on us, sending like glitter through our brain and body, which then convinces us that this individual is the one particular, Hunter says. Every person wants to feel the rush of attraction and like, but often, you can not trust these butterflies in your stomach. This is the motto of each person you have ever met that draws drama to them like a magnet, but cannot for the life of them figure out why, Anderson says. So, proceed with caution if it seems as well very good to be true.
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Can you believe Christmas is just 11 days away!? HOW did that happen so fast? Even though Christmas isn't about gifts, let's be real and say we buy them anyways. So, I put together a gift guide for all the little girls in your life around Marlowe's age! I'd say there's something on this list for any little girl from age 1-3! Also, there's a lot of gifts on here that boys would love too, especially the stocking stuffers list! Some of these things Marlowe has and loves, some of these things I bought her for this Christmas, and some are things I totally WANT to buy her, but then I'd be out of money so it's just not happening yet. For all you last minute shoppers out there, most of these things are from Amazon and can be sent with 2-day shipping! I tried to come up with a list of things that are useful for more than just a month, that encourage imaginative play, and toys made for learning. Everything is linked below (just press on the purple headings). Merry Christmas!
1. Nugget Comfort - Seriously the BEST thing ever. It's a fort/couch/bed all in one.
2. Radio Flyer Tricycle - Love this little tricycle because it can grow with your toddler!
3. Trampoline - Does your kid have a TON of energy like mine? Trampoline to the rescue.
4. Basketball Hoop - A great outdoor toy! There are also soccer and t-ball equivalents by Little Tike if you prefer those!
5. Doll Bed - Marlowe is obsessed with dolls and taking care of them. I LOVE this quality wood bed for all her babies.
6. Ikea Play Kitchen - Any play kitchen really, but I love this Ikea one because of the modern look. Marlowe has this already at her grandma's house and it's a hit. Obviously buy all the play food to go with it!
7. Rocking Animal - I linked the Zebra rocker from Land of Nod, but they have a cute lion and a pig too! Amazon also has a bunch!
8. Frozen Dollhouse - Does your little girl love Frozen like Marlowe? I've heard great things about this Frozen Dollhouse.
9. Foldable Couch - Marlowe has this couch in the pink Minnie Mouse version. It's AWESOME because it folds out into a little bed. She acts like a big girl sitting on it, puts her babies on it, jumps on it etc. The best part is I don't really care what she does to it because it's only 35 bucks.
10. Play Tent - There's all kinds of tents out there but they come with a hefty price tag usually. This tent is from Cotton On and it's only 20 bucks! Plus it's adorable!
1. Water Baby (or a baby doll) - To be honest I could just buy Marlowe a million baby dolls and she would be the happiest kid in the world. She's a bit doll obsessed so I linked this Water Baby (like the ones we used to have!) because it's a bit heavier and more "baby" like.
2. One Thousand Things Book - I found this book at Anthropologie originally, but then found it on Amazon for cheaper. It's a beautiful book full of first words for little kids. I can't wait to give this to her!
3. Seek-A-Boo Game - This is the coolest little game for toddlers. It comes with big flashcards with recognizable pictures of everyday objects and makes for a useful learning tool.
4. Mouse in Box - This might be my favorite thing on here because it's soooo adorable. Marlowe loves little animals and I know this will be a hit.
5. Cuddle and Kind Doll - For every Cuddle and Kind Doll you purchase, 10 meals are given to a child in need. Not bad if you ask me, plus these would make the perfect lovey.
6. Melissa and Doug Toys - I really love all Melissa and Doug toys because they are sturdy and educational. Search Amazon for more, but I linked a little magnetic farmhouse with latches that is super fun to play with Marlowe.
7. Lakeshore Personalized Picture Book - I made my own version of this book, using construction paper and page protectors, and it's literally her favorite thing to look at right now. It's a neat little book where you put pictures of familiar people and identify their names. Great for developing vocab!
8. Character Pajamas - We went to Target the other day, and Marlowe saw these jammies and about freaked out because they had Elsa on them. I bought them OBVI.
9. Remie Girl Dress/Leo - Marlowe is allllll about twirling in her dresses. Remie Girl makes the cutest dresses that are all perfect for twirling and are amazing quality, plus they have pockets!
10. My First Brain Quest - Remember Brain Quest as a kid? Well I was thrilled when I found this set! They are never too young to start learning and I'm always looking for things I can bring with me at restaurants that will entertain her. Each card has questions and pictures that I can ask her to find or identify things.
1. Crayons and Coloring Books (dollar store!) - The dollar store has the BEST things for stocking stuffers, but Marlowe is really into coloring so I stocked up on their coloring books!
3. The Wet Brush - My kid LOVES brushing her hair, my hair, Mowgli's hair....The Wet Brush is MY personal favorite brush for my own hair so I love this little mini version of it!
5. Sippy Cup with Favorite Character - This Frozen cup is our special cup for smoothies and yogurt. She points to Olaf constantly. Search Amazon or Target for a cup with your little's favorite character!
6. Stickers, stickers, and more stickers! (First Word Stickers) - Stickers are cheap, and my girl puts them on everything. I linked the First Word Stickers that go with the First Word Book (also a fav of Marlowe's right now!)
7. Bubble Podz - I'm always needing new things to keep bath time fun, and these little bubble bath pods are pretty cool.
8. Ceiling Stars - Another cheapy, and we aren't necessarily going to put them on the ceiling, but I know she's going to have a blast with these in her dark room or for a fun bath!
9. Plui Rain Cloud Bath Toy - Another bath toy that has awesome reviews.
10. Motts Fruit Snacks - I could fill Marlowe's stocking with just these fruit snacks and she would think it's the greatest day ever.
11. Water Wow Books - Another great on-the-go activity by Melissa and Doug.
12. Helping Hands Fine Motor Skills Set - A fun little set that is perfect for sensory play. Stick these in a bucket of rice, cheerios, jello, and you have an instant activity.
13. Magnet Wand - So many fun activities you can do with magnet wands. Think using it for finding magnets in sand, paper clips...
14. Play Pack Grab N Go - They have these Play-Packs at both Target and the Dollar Store and they are perfect for those outings where you just need something for them to do. They come with crayons, coloring pages, and stickers.
15. Dollar Store Flashcards - The Dollar Store always has all kinds of different flashcards and Marlowe loves to look at the pictures and identity the object.
⋅ Labels: Gift Guides , Shopping
Hi there!
I'm Emily! Wife to my high school sweetheart Kyle, mommy to Marlowe Eloise, and my fur baby Mowgli. I'm a lipstick loving, picture taking-o-holic, who soaks up the sunshine in SoCal! Thanks for visiting!
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What do B. Kliban, Lewis Caroll, Wal-Mart, McDonald's, Wittgenstein, and Harare, Zimbabwe have in common?
By Mark Fenton
Published May 18, 2007
I wanted to explore Upper James Street. I planned to start at the Mountain Brow, and walk at least to Fennell Avenue. In the past, my only pedestrian experience with this stretch of Upper James was accompanying a friend who was getting a tattoo here and wanted company.
That's always intrigued me. You choose a tattoo parlour out of the yellow pages and go to it because it's the one that's open that evening. No recommendation. The guy there is a shaggy character wearing a T-shirt and torn jeans and you haven't actually seen any of his artwork. And then you get him to put something under your skin that stays there forever.
I mean, I wouldn't choose a path of so little resistance even to buy something to hang on my wall. Perhaps tattooing presupposes a need for instant gratification. When I'm with someone with a tattoo, regardless of what the tattoo represents, the first thing it says to me is "This is a person with impulses, and this person follows those impulses."
Implied in this, I feel, is: "You, on the other hand, are equivocal, indecisive, and, I'd say, a bit meek."
I parked below this sign.
I puzzled over these intricate instructions for a few moments. Does the sign mean that the ONLY place one is allowed to park if patronizing ann's fabric shop is to the rear of the building, the course to which is an interesting L-shape?
Or does it mean that parking and ONLY parking can be done there, so that, following an exciting fabric purchase, a customer doesn't launch into some heavy-duty re-upholstering behind the store.
I decided it didn't apply to me. When I'm on a photo shoot I subscribe to an 'everything is permitted unless it's strictly forbidden' m.o. I wasn't going into ann's fabric shop, therefore, I could park anywhere I wanted to, including under this sign. Life had been good so far today. I felt invincible. I was pretty sure I could make my argument stick in court, should it come to that.
No one has ever called me a connoisseur of textiles, but I LOVE the fabric pictured above. The chair itself scares me. No back, just a loose cushion. And some fake flowers on the seat you'd probably have to move in order to sit down. You'd have to perch carefully and not lean back. Danger is part of the appeal though. Like the prospect of driving an old Lincoln with suicide doors.
But let's cut this tourist nonsense and get to the real reason I'm up here. As an adolescent I was obsessed with a mystery contained in the work of B. Kliban. As always I had done some surfing before going into the field. For an artist crucial in the admittedly specialized cannon of the single image cartoon, I was surprised how little web presence he has. Kliban is best known as the creator of a familiar Cat icon.
Of more interest to me though, are his surreal and cryptic cartoons, many of which still compel me today, partly because I can never claim to fully understand them. Appearing in the 70s and early 80s, they were noteworthy for relentless and largely unattractive nudity, oblique puns, gratuitous obscenity, and infinite manifestations of unpleasantness whose inspiration suggested a troubled imagination.
Like Koans, I would be on the verge of understanding them, and then all interpretations would slip away and they'd be more baffling than ever. In other words, as a teenager in Edmonton, this was the cartoonist I'd been waiting for.
There was, however, a group of cartoons, spanning more than one publication that fell relatively low on the bell curve of bad taste, were obviously conceived as a set, and which contained a truncated sign denoting a hardware store, cropped by the frame edge. The first one I came upon even had a title to make the concept clear.
(I mentioned before, I don't clam to 'get' these cartoons, so don't even ask me to explain the lecherous rubby mimicking the life-sized hieroglyphic.) I wouldn't have thought any more about the obscure meaning of HARDW had it not made two further appearances in a subsequent publication, again truncated by the right edge of the frame. (Note that in all three drawings HARDW is, in some manner, doubled.)
and
I try to force a meaning, but can't. The diversity of economic status, culture, historical context, and species in these drawings is too chaotic to bring under any system. Which, of course, made it that much more important to me that the relentless contrivance of HARDW deliver its meaning.
So this is the real reason for choosing this particular stretch of Hamilton roadway for today's photo tour. A few weeks before, having lived with the HARDW mystery for over two decades, I was driving along Upper James, and felt I may have stumbled on to a Kliban Rosetta Stone, right next door to ann's fabric shop. I was trembling as I photographed it.
Yes, it's a truncated FIRST three letters rather than LAST three letters, and it's entropy to blame, rather than a frame edge, but the symmetry is there and let me tell you, it sure makes a bold statement even from a car window. And if it had actually been HARDW, rather than DWARE, the excitement might have caused me to go across the yellow line and have a serious accident.
So, Kliban volumes under my arm, I entered the shop, which seemed, to quote Alice Through the Looking Glass, "To be full of all manner of Curious things."
This quote comes from the chapter entitled "Wool and Water," the chapter in which Alice has been chatting with the White Queen who morphs into a sheep and becomes a shopkeeper and Alice subsequently tries to buy an egg from her and the egg morphs into Humpty Dumpty. (I often wonder that 20th Century Surrealists didn't give up and just golf or something, since Lewis Carroll had already done their work for them, and better.)
Anyway, although I couldn't put my finger on it, DWARE was similar in scale and simplicity, and like Alice, when I went in I felt I'd entered another time, or a parallel time, a little dream-like, maybe even a little backwards from the world outside.
As in the Alice chapter, I was the only customer, and yet again, as in the Alice chapter, at the very end of the shop was the proprietor, behind a counter, as though he had been waiting for me and me alone for as many years as it took me to arrive; yet who, for all that, was unsurprised by my arrival.
A man of about my age, grey work clothes, pencil in hand. He didn't bear an EXACT resemblance to the white queen after she's morphed into a sheep; I didn't bear an EXACT resemblance to Alice. Allow for that, but otherwise use the above illustration as your reference.
I resisted the urge to ask, "Would you be Mr. Dware?" I decided that if I wanted information I had better buy stuff. I am not without savvy when it comes to interviewing the manager and perhaps owner of a small business.
Maybe he'd query me on the books clutched tightly under my arm, maybe he wouldn't, but I wasn't so naïve as to ask him directly if he was familiar with the work of the late B. Kliban. "Do you have packing tape?" I asked. Everyone always need packing tape for something and can never find it.
"The clear stuff?" he answered, I nodded, he took me to it, and that was that. Readers, forget Home Depot and Canadian Tire for those small sundry items. At DWARE you do not have to fight to gain the attention of a sales rep and then be directed to another to find the location of an item as basic as packing tape.
Fast, professional, businesslike is how I would characterize this service. But I still didn't have what I needed. I had to buy time. Keep the ball rolling. I needed to pick an item I felt I was some authority on so as to launch a conversation, without having to drain my pockets to get the information I needed.
The tactic I hit on impressed even myself - at least at the time. "Oh, and do you have mousetraps."
Again he took me to them directly.
Here was my opportunity. I have tended to reside in old houses, with perhaps not the tightest foundations. Even with the full-time employment of a domestic cat, I have never managed to keep mice completely at bay. I wouldn't say I enjoy killing them, particularly as our family keeps rats for pets, to which I am emotionally attached, and mice, as I extricate them from their death machine, bear an unpleasant resemblance to our pets.
No one said all household tasks are pleasurable, or that all household tasks can be executed without violence.
By now I'm pretty good at setting them. It's all about using a very small amount of bait (I use peanut-butter) at the very centre of the trigger, and then bending it to be as HAIR-trigger as possible. As well as being easily tripped, this positioning generally causes the flipper to smack the mouse in the brain, killing him/her instantly and cleanly.
There is nothing I hate more than coming upon a squealing, paraplegic rodent hemorrhaging into that super-absorbent wood base, which trap is then too stained with gore for re-use.
(Note: I didn't set the trap pictured above, but rather, found it in our office building. It appears to be baited with something like a big ball of lard, roughly the size of the mouse's head. It was there in the same position last week ... buuut, I guess the guy who set it knows what he's doing.)
There are two kinds of Victor traps on the market these days. Mr. Dware sold both. On their respective utility I have strong opinions. There is a newer kind whose plastic yellow trigger, shaped like a slice of Swiss cheese, has two more or less unalterable settings, for two varying levels of sensitivity. My experience with these is that if the mouse actually jumps up and down on it, the trap COULD deploy. But generally the mouse just takes the bait and leaves.
These traps are obviously for the sportsman. The mouse killing equivalent of the angler who prefers fly-fishing to fishing with bait, because it requires more skill, and after all, he's not fishing to feed his family, he just likes being out on the water.
Myself, if I set traps, I want mice gone ASAP. Different strokes. The ones with the copper trigger have an easily bendable flap which allows me absolute control (albeit I often set them SO lightly at first that they snap against my fingers while I'm preparing them such that I utter foul words, so I usually wait to set traps until after the children have gone to bed).
I didn't express the above argument verbatim to Mr. Dware, but I believe I hit all the points. The laconic Mr. Dware listened patiently, expressionless aside from shrugging in what I'll call a gesture of "the customer's always right" and, handing me the ones with the copper triggers, responded: "Well, they're the original."
This was the first time in my experience with retailers that I had no use for flawless service, and Mr. Dware had given me just that. Full points on the customer questionnaire if such an establishment had given one. How could I possibly now ask him the meaning of the missing letters form HARDWARE.
He wouldn't have said, "Gee I guess I should pay to get that fixed out of the profit on that tape and mousetrap you just bought," but he would have liked to. I thanked him. I said it was a great place and I'd definitely come again as I drove by it all the time. I didn't note a reaction.
I may not have gotten all the answers I wanted, but you can guess my imagination was firing on all cylinders. I moved North on foot and to hell with what they'd do to my car in that lot next to ann's fabric shop. I shot photos randomly and furiously. E.G.:
Imagine me walking past such structures, trying to read a meaning into everything. Expecting apes or ancient Egyptians to appear before them.
No one has ever said answers come easily in detective work, even in a metaphysical mystery like this one. As I walked South on James I scanned my memory for all the metaphysical mystery novels I'd read. The Da Vinci Code was no help. (Seen the movie; haven't read the book; not that interested in the premise.)
No, the detective story I kept returning to was The Erasers (Les Gommes, 1953), by Alain Robbe-Grillet.
It has been at least 20 years since I've read it, so my memory is dim. There is an assassin. There is a corpse. The killing happens over and over again, looping back on itself like a Mobius strip. There is a detective named Wallas. He may also be the assassin. The person the assassin assassinates may be his father. It also may be himself. We're never quite sure of these propositions or of anything else. I can guarantee you, the pages turn very, very slowly.
What intrigues me right now though is a passage, seemingly unrelated to anything, in which Wallas walks into a shop reminiscent of DWARE and examines a series of erasers, searching it seems for an exact degree of tactility. Memory fails me here. Normally an intense reader, I think I kept falling into bouts of narcolepsy as I read this book. I don't plan to reread it even for the purpose of making this photo essay slightly better.
At a certain point in the novel we are presented with an eraser, erased partially at both ends (I THINK by Wallas but correct me if you're a Robbe-Grillet trekky and know this stuff cold), such that the letters d-i-p are all that are printed on the remains of its unerased flat side.
I didn't get it. Neither, it appears, did French readers when it was first published. According to legend it was Samuel Beckett who deducted that the full word was Oedipus. Hence the son killing the father. I DO remember being baffled that this incident was kind of self-standing and wasn't related in any way to solving the mystery.
And I think a text which requires a future recipient of the Nobel Prize for Literature to decode it could be correctly described as opaque. Thinking about it years later, I sense a conspiracy. I imagine a phone call from a Paris phone booth. A rainy March evening in 1954.
Al: Sam! [Clipped Parisian diction, and please imagine I have the skill to write this dialogue in French]
Sam: Oh, Oh, Hi Al. I'm actually on the other line with my agent. [Spoken in grammatical, perhaps almost overly-correct schoolroom French. Hint of an Irish accent.]
Al: You are not! It's too late for that, and you're too drunk. Listen. That 2,000 Francs you lost from me at Gin Rummy last month.
Sam: Honestly Al...as soon as the royalties from my new play start coming through -
Al: Imbecile! Shut up and listen. I need you to write a letter. To Le Monde... La Figaro. Hell! Copy it all the papers, and all the literary reviews while you're at it. If you do this thing. I will eliminate the debt.
Sam: [mild suspicion mixed with failing attentiveness] Well...uh...I don't know. What is it you want me to say?
Al: It's the easiest 2,000 Franc debt you ever discharged. The bourgeoisie can't understand the simplest clue thrust under their noses. However pitiful it may sound, I actually require the use of your "reputation" to explain my new novel. You simply say you've read Les Gommes, and discovered an Oedipal subtext.
Sam: Here let me get a ...a pen...[long pause as Sam places the phone on his humidor. Unrepeatable mutterings on Al's end of the line including some French equivalent of "Celtic lout." Sound of what might be a Guinness being opened and poured at Sam's end.]
Sam: [Returning at last] OK. You said I'm supposed to write that I've...I've discovered an edible... um...
Al: Merde!...OEDIPAL you CRETIN!...O.E.D.I.P.A.L...Now listen careful. Obviously it is necessary for me to transcribe what it is you are to say - word for word -
It was such a scenario I played in my head as I walked Southward. Incidentally, if you want the Robbe-Grillet experience and are hungering for one of those nouvelle vague films about the obscure nature of memory and identity, I'd recommend Alain Resnais's L'Année Dernière à Marienbad for which Robbe-Grillet wrote the screenplay. Particularly if, like me, you can't afford airfare to upmarket French tourist destinations. Luxury accommodations. Snazzy apparel.
Last Year at Marienbad (Image Credit: Scenes of Cinema)
Barely knowing how I'd arrived here, I found myself in the parking lot of the Wal-Mart Plaza, looking at this inspiring wall.
A far cry from any cinematic memories of Marienbad, then or now. There was an age, I believe, when the idea of a shop was to have a street approach: an age when shop owners prided themselves on the appearance from the street, and even 'dressed' their front windows.
A tradition, you may remember from earlier in this article, I am happy to see sustained in ann's fabric shop.
We don't expect that from a Mall in the Urban Sprawl. But what interests me here is that you can see the names of individual shops on the outside of the mall, without, of course, any way of accessing them other than going into the mall. I'm half curious to sketch the exterior of the mall, write down their order of these signs on it, and then rush inside to see if they do indeed serve as schematics for the positioning of the shops inside.
But I'm distracted from doing this when I notice the Golden Arch.
The Wal-Mart Experience is compelling. As is the McDonalds experience. The two combined, are way too much to resist.
There is something powerful at the very thought of passing into the mall,
pausing briefly to read its messages,
and realizing that for purely anthropological reasons, this is where I'm destined to stop for lunch.
I am not coming in here to shop. I am simply passing through in order to have lunch at this SPECIFIC McDonalds. The idea is conceptually irresistible. It is, unfortunately, one of those rare days when I've come to work in a dress shirt and a tie. To quote Philip Marlowe in The Long Good-bye , "I belonged [here] like a Pearl Onion on a Banana Split."
By the way, those sticker-like products in the bottom left of the above photo are a Wal-Mart sales item, NOT part of the McDonalds. That's how open and flowing the space between the two multinationals is. Separated not by a wall, but by an emphatic red line,
as I'm told siblings who share a room might do to demark territory, thus creating the perception of separateness.
It was time to put the camera away. I sensed that some of the customers had noticed me (a feeling that proved true when I went over my McDonalds establishing shot later).
I should mention that there is no smell of food whatsoever. (Decide for yourself if this is a good thing or a bad thing under the circumstances.) Diners are not far from the automotive section, and the smell is that ineffable mixture of molded polymer products, new steel, and industrial lubricant.
When I bought my "meal", which is what I think they call it in case you're not sure as you ingurgitate it, I prepared myself for the advertised McDonalds professional smile: the contrived smile, the smile that doesn't include the eyes, the smile smiled deliberately from forced energy on the part of the smiler - all well and good since why WOULDN'T I expect the person giving service to work at facial expression along with everything else - so I DON'T tip them. They get PAID, don't they?
What I got from the young woman at the counter was the opposite. She made no smile with her mouth, but instead made a heartfelt connection with her eyes, as one would expect between souls meeting in hell, each in search of a welcoming, fiery pit, but, alas, stuck wandering the outskirts.
"I hope you enjoy your meal and really hope you come again," she said, and meant it. I was disoriented. To get my bearings, I found a seat and began to go over what I had learned today.
I was still thinking about the clue in The Erasers, and how it could relate to my own puzzle. And then it hit me. I would simply turn the tactic inside-out. I grabbed a napkin and pen. Rather than erase the letters at the edge, I would find the overlap of the letters and erase THOSE. Here. I'll show you.
I wrote:
Then I wrote:
The letters in common were DW, thus:
Leaving:
Harare.
I Googled Harare on my Blackberry. There was an immediate wikipedia reference.
Harare (pronounced /'h? ??' ?i/, formerly Salisbury) is the capital of Zimbabwe. It has an estimated population 1,600,000, with 2,800,000 in its metropolitan area (2006). It is Zimbabwe's largest city and its administrative, commercial, and communications centre. It is a trade centre for tobacco, maize, cotton, and citrus fruits. Manufactures include textiles, steel, and chemicals, and gold is mined in the area. Harare is situated at an elevation of 4,865 feet (1,483 metres) and has a temperate climate.
There was even a photo,
which bore a surprising resemblance to a photo I'd taken of Hamilton that morning
These connections were tenuous. But no more so, I believed, than the ratiocinative historical leaps in The Da Vinci Code. To quote Wittgenstein, "States of affairs fit together like links in a chain" (Tractatus Logico Philosophicus 2.03, and yeah, yeah, you're not the first person to tell me I'm reading Wittgenstein literally when I should be understanding these propositions to be only about language).
I closed my eyes and pictured events of the immediate future. I saw myself standing up and dumping out the contents of my tray. I saw myself straightening my tie, walking boldly behind the counter, forcing 5 dollars into the hand of the woman who'd sold me my meal, kissing her on the cheek and telling her to hang in there; that better times were ahead.
I saw myself leaving the restaurant and being met in the middle of Wal-Mart by security guards armed with rubber truncheons all of whom I would disable with a style of Wushu, all but unknown in the West. I saw myself exiting into the parkinglot to the knowledge that my Echo was still parked at ann's fabric shop, just as a Smart Car driven by Audrey Tautou screeched to a halt in front of me.
"Get in" she would shout. Just as well she was behind the wheel, what with my phobia about small, enclosed spaces... I closed my eyes. The last thing I need right now is to go into one of my spells...
I saw myself back in the office. Audrey gazing enigmatically out the window, as though deciding what jacket and skirt she was going to pack. I saw myself hitting the pre-programmed number for my travel agent. "Henri," I heard myself saying. "I need two seats on the next flight to Harare..."
Mark Fenton lives in Hamilton and works in transportation logistics. He is the author Pim, a children's book for all ages. The eponymous Pim tweets daily @PIMSLIM_. A physical copy of Pim will be published soon and in the meantime Pim is available as a Kindle e-book which you can buy. Mark maintains a website at www.markfenton.ca.
View Comments: Nested | Flat
By Economic Mip (anonymous) | Posted May 18, 2007 at 12:44:51
Well if you think they look similar, I won't argue. Of course that photo of Harare is at least seven years old. I think the main similarity you are seeing is the Rainbow Towers Hotel, which is a former Marriott, and as such follows a "normal" design for the hotel chain. Also, (before Mugabe destroyed the economy and the country) Britain was the colonial master, and set the city up in a well organized way, typical of many large British cities.
By jim parrott (anonymous) | Posted January 21, 2009 at 18:44:46
I too have been mesmerised/fascinated by Hardw. Imagine my surprise, on entering the town of Dauphin Manitoba from the South and, looking up, seeing on the second story side of a building Scott's Hardw as plain as day.
More puzzling, I recently watched The Wild Bunch - with Marlon Brando and Lee Marvin. As the gang of bikers sweep into town they are observed by two citizens (Mayor and Police Chief?) who are standing in front of a shop window with HARDW written on it. The camera pans past it quickly but it was like an electric shock. I can't get over the fact that I puzzled over Hardw in Kliban's books in the 80s, saw the sign in Dauphin around 99, and watched The Wild Bunch last year (2008).
What does this mean, and why am I still making these connections? Could there be more?
By Badly Drawn Dad (anonymous) | Posted November 02, 2011 at 17:45:18
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Coexisting with Invasive Wetland Plants - December 10, 2022, at MUMC, Ewart Angus Centre, Rm. 1A1, 1200 Main St. W, Hamilton
Justice for Indigenous Peoples is Long Overdueby Ryan McGreal, published June 30, 2021 in Commentary
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Did Doug Ford Test the 'Great Barrington Declaration' on Ontarians?by Ryan McGreal, published June 29, 2021 in Special Report: COVID-19
(1 comment)
An Update on Raise the Hammerby Ryan McGreal, published June 28, 2021 in Site Notes
Nestlé Selling North American Water Bottling to an Private Equity Firmby Doreen Nicoll, published February 23, 2021 in Healing Gaia
Jolley Old Sam Lawrenceby Sean Burak, published February 19, 2021 in Special Report: Cycling
Right-Wing Extremism is a Driving Force in Modern Conservatismby Ryan McGreal, published February 18, 2021 in Special Report: Extremism
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Challenging Doug Ford's Pandemic Narrativeby Ryan McGreal, published January 25, 2021 in Special Report: COVID-19
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The Year 2020 Has Been a Wakeup Callby Michael Nabert, published December 31, 2020 in Special Report: COVID-19
The COVID-19 Marshmallow Experimentby Ryan McGreal, published December 22, 2020 in Special Report: COVID-19
All I Want for Christmas, 2020by Kevin Somers, published December 21, 2020 in Entertainment and Sports
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Hamilton Shelters Remarkably COVID-19 Free Thanks to Innovative Testing Programby Jason Allen, published December 21, 2020 in Special Report: COVID-19
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Conservation Conundrumby Paul Weinberg, published December 04, 2020 in Special Report
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Measuring the Potential of Biogas to Reduce GHG Emissionsby John Loukidelis and Thomas Cassidy, published November 23, 2020 in Special Report: Climate Change
Ontario Squanders Early Pandemic Sacrificeby Ryan McGreal, published November 18, 2020 in Special Report: COVID-19
| 27,907 |
Stephanie Long and Lucie Corner (#30) dance until it’s time to go to the back porch and get interrupted making out by a startled Miguel Sebanon (#8) and continue from the back of the cab to Stephanie Long’s apartment. The cat won’t leave them alone. Lucie Corner pries herself away at three in the morning and leaves Stephanie Long with her shirt off, her pants on and a throbbing petulant disappointment, then comes back at seven and they get in the shower and Lucie Corner leaves again and finally, sleep.
Stephanie Long isn’t sure who’s supposed to call whom. Neither does.
Wednesday, July 1, 2009
A story about Stephanie Long
You have to be in good shape to Magnajoust, of course, but you don’t need the traditional athletic form. Miguel Sebanon (#8) is only 5’4″. He and the other rogue back (Carol Tolliver, #41) derive a distinct advantage from their low centers of gravity.
Gravity, like peripheral vision, matters in Electric Magnajoust. This is why Imani Rhodes (#17) makes them hold flashcards to either side of her as she stares intently straight ahead.
“You look ridiculous,” Stephanie Long informs her.
“I’ve almost got it,” Imani Rhodes insists.
“The previews are starting,” Simon Yu groans.
“Zero!” says Imani Rhodes. “Shit, six?”
Monday, April 13, 2009
A story about Stephanie Long
Stephanie Long doesn’t actually play Electric Magnajoust; she just hangs out with most of the Stone City Thunders. This is why she’s at Lucie Corner’s goodbye party, leaning on a molded archway frame as Miguel Sebanon (#8) holds forth about the consequences of the inbound tangent rule, when she becomes aware of someone beside her.
| 1,661 |
What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.
What steps can we take to reach a fair agreement?
The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.
What is a Consent Order and why do we need one?
A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.
Do you need help sorting out a fair financial settlement?
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stop spouse spending joint assets on legal fees?
stop spouse spending joint assets on legal fees?
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Senior Member
Posts: 45
01 May 12 #327623 by JulieP
Topic started by JulieP
legal advice or experience please!
Can I stop stbx spending our entire marital joint assets on his legal fees?
My stbx has spent his entire life''s savings and is now going into debt paying legal fees. He is defending the divorce, is taking me to court in child hearings, and in finances. He is paying city law firm and barristers, spent £70K so far, all his assets are now gone. I earn far less than him, and am living off my savings and only have a little money left, I could not afford a solicitor and am self representing.
He might run up a £100k debt at the rate he is going - my question is:
can I stop my stbx legal fees debt being taken out of our joint marital assets when we come to finances - ie will the house have to be sold to pay his debt, or will the marital pot be divided up first, and his legal fees debt is not included? Or is this legal fee debt included in the marital pot, and we might end up with nothing to share out ?
Premium Member
Posts: 82
01 May 12 #327628 by Hamilton1
Reply from Hamilton1
Julie P,
This is a common complaint that I hear from my own client - they are concerned that their stbx has chosen the most expensive firm in the city. He cannot be denied legal advice and certainly he if free to choose the firm that he wishes to utlise. This does not mean however that you will be left with nothing. As you have a child/children, in the event that there is very little left their needs will be given paramount consideration and it will be considered to be a ''needs'' case. I.e all of his legal fees will not come out of the legal pot.
IS there any way you can discuss matters in relation to children and come to an agreement? There are never any winners when it comes to children cases except perhaps for the lawyers. In relation to the decree proceedings, if you are short of funds I would suggest that you fight this by yourself and save any small amout that you may have for legals for assistance or representation at the hearings. Make good use of the pro bono lawyers that are often at Court and see if you are eligible for legal aid so that you can argue your corner - it may help take some of the stress out of it for you.If your husband is intent on using expensive lawyers Im afraid there is little tha you can do other than choosing which battles to fight.
Sorry I do not have happier news for you.
Posted by
Senior Member
Posts: 45
01 May 12 #327649 by JulieP
Reply from JulieP
Thank you for the advice, I really appreciate it. I hadn''t heard about pro bono solicitors being available - is there somewhere I can find out about these?
i don''t qualify for legal aid - my problem is I earn more than their threshold but am dealing with all the household bills as my stbx stopped contributing to these. So I am spending more than I am earning and am living on my last remaining savings. I cannot afford a solicitor at all, I would then myself have to take out a loan, but I can see from my income that I would never be able to pay back such a loan.
stbx has refused to discuss anything with me, and says he wants a judge to decide everything, and he will have his solicitors and barrister deal with this all (all at £400+ VAT per hour). It is truely bizarre.
He has told me he will spend every penny on legal fees, and his solicitors seem to be delighted with this - they haven''t mentioned that his legal fees are close to being equal to the assets of the marriage!
Can I ask - would his legal fees be taken into account, ie this debt deducted from the marital pot?
so say house equity is £200K, his legal fees debt £100K, would this then leave just £100K in the marital pot? It makes a huge difference as to whether I am left with £100K or £50K assuming 50:50 asset split.
could this force the sale of the house if he plunges into huge debt because of these legal fees?
Worst case scenario, if his legal fees debt were to rise to £200K (he has already spent £70K on legal fees and we haven''t even got close to starting the hearings in earnest...) , would the house then be sold to pay for the legal fees, and I would be left without any assets, basically nothing?
thanks!
J
Premium Member
Posts: 82
01 May 12 #327721 by Hamilton1
Reply from Hamilton1
For example at the Principal Registry in the centre of London there are barristers chambers that assist people at court for free on Thursdays. So depending on which Court you are in you could enquire with the Court office of any firms of solicitors or barristers chambers that are offering such a service.
You certainly do have an argument that he has acted unreasonably in that he has not entered into any negotiations and that he has used joint matrimonial assets to fund his legal fees and thus the sums spent should remain part of the ''pot'' and that he should thereafter pay for his fees from his share of any division of capital. The house will not be sold simply to fund his legal fees - the court will want to ensure that you and your child have a roof over your head as clearly he is spending joint assets.
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"Hell is a teenage girl." These are the first words spoken by Anita "Needy" Lesnicky, played by Amanda Seyfried, in the 2009 horror-comedy Jennifer's Body. As Needy narrates, the titular cheerleader Jennifer Check (Megan Fox) lies in bed, staring blankly out her window with blood-tinged eyes. Somewhere, beyond the panes of glass and pink-papered walls of Jennifer's bedroom, Needy waits, box cutter knife in hand, veiled by a starless Minnesota night. Just months ago, she and Jennifer were normal students — lifelong best friends — at Devil's Kettle High School. Now, their sandbox love is dead. Needy is "cracked," "loose around the edges," and she needs to let her feelings out.
Although many would call that opening scene iconic today, when it was first released, Jennifer's Body was heavily criticized and underperformed financially. Those who skipped it may not have fully known what they were dismissing: As director Karen Kusama and screenwriter Diablo Cody have since argued, the movie they made was misrepresented by a marketing campaign that catered to straight male fantasy. But Jennifer's Body is really a story about anger — young women's anger. And in recent years, it's been reevaluated through a feminist lens, and steadily grown into a cult favorite. Online, its depictions of teenage girl characters experiencing the extremes of friendship, exploitation and revenge have become potent pop culture references. More than a decade after it premiered (the film celebrates its 12th anniversary on Sept. 18), young fans continue to share and discover it through GIFs, YouTube clips and — appropriately enough for a film named after a song, in which rock is not just the soundtrack but a plot point — music videos.
At Sunday's MTV Video Music Awards, 18-year-old Olivia Rodrigo put her own feminine rage on display. Rodrigo had been an actress on two Disney original series for years when she emerged onto the pop scene at the start of 2021 with the viral hit "drivers license," whose billions of streams broke records even before her debut album, Sour, was released in May. But at the VMAs, her spotlight moment was a performance of "good 4 u" — a rock anthem about struggling to get over a lover who has moved on, and a sign of the continued relevance of Kusama and Cody's film.
The music video for "good 4 u," directed by Petra Collins, isn't a direct recreation of Jennifer's Body (and it has other clear influences, such as the 1999 Japanese horror movie Audition), but its themes and visuals nod to the film in many ways. It begins with Rodrigo in character as a seemingly normal high school student, disinterestedly practicing dance moves with her cheer squad over the song's funk bass, distorted guitar and shouted vocals. Over time, the audience catches glimpses of something more sinister under the surface. She decorates the inside of her locker with a picture of a boy with his face x'd out, casually knocks into a classmate without stopping, dons shiny black gloves and buys a gallon of gasoline from a filling station. Behind her smile, anger seems to build and build until she can't hold it in any longer. By the last chorus, she's standing in her ex's bedroom as his sheer curtains are swallowed by flames. After his room has softened into ash, she retreats to a wooded lake, where she swims through the blue-black water. Her eyes glint red, and she smiles with all her teeth.
"good 4 u" is one of two pop-punk tracks on the otherwise ballad-heavy Sour, and Rodrigo has said it created a space for her to express emotions she couldn't in the other pop styles the album explores. "The song has a lot of unbridled anger and spite in it. I struggled for a really long time in learning how to write an upbeat song that people could move to and just not cry to, I suppose," she told Nylon this spring. "For a while I thought you have to be in love, and happy, to write a dancey song. I'm proud that I figured out how to write a song that was high energy, without sacrificing what I was feeling."
In Jennifer's Body, the transition from normal girl to vengeful, supernatural being has a darker origin. The plot is set in motion when the rock band Low Shoulder — a quintet of eyeliner-wearing boys with an interest in the occult — plays a show in Devil's Kettle and coaxes Jennifer into its tour van afterwards. The band plans to offer her life to Satan as a virgin sacrifice, in exchange for money and fame. But because Jennifer isn't a virgin, she doesn't die in the ritual and instead turns into a demon, who kills and feeds on boys to sustain herself. In the wake of Jennifer's transformation, Needy is forced to reckon with what her best friend has become, what Low Shoulder turned her into. And she is full of anger, something she holds inside herself until it overflows.
Horror films have often taken an interest in the emotional lives of their teenage characters, using scary stories as studies in trauma, vulnerability and complicated feelings. But instead of the usual formula of a masked figure stalking babysitters, set to an orchestral score, the monster in Jennifer's Body is a traumatized girl, and the music is closer to what a sensitive teenager at the time might really have been listening to: The movie opens with a song by the dance-rock band Black Kids and closes with the iconic '90s grunge group Hole, and artists such as Paramore and Panic! At The Disco soundtrack the mundanities of school life. There are visual nods to 2000s alternative culture, too: Posters of Fueled By Ramen bands line the young characters' bedrooms, and the class's resident goth Colin Gray (Kyle Gallner, adorned with facial piercings and black nail polish) is among those swept up in Jennifer's rampage.
"I think that [we were trying] to kind of find some music that rendered teen complexity, and wasn't pandering, but had some great energy and spirit to it," music supervisor Randall Poster told Billboard in a 2019 anniversary piece. Through its thematic, stylistic and musical choices, the movie accomplished that — allowing its young female characters to unabashedly feel the full range of human emotions, anger included. That can be a rare privilege even in real life, writer Soraya Chemaly argued in a recent Guardian column: "Girls and women ... are subtly encouraged to put anger and other 'negative' emotions aside," the author of Rage Becomes Her: The Power of Women's Anger wrote. "Studies show that girls are frequently discouraged from even recognizing their own anger, from talking about negative feelings, or being demanding in ways that focus on their own needs."
Through the "good 4 u" music video and its conscious connection to the movie, Olivia Rodrigo is also making a case for anger as a legitimate form of artistic expression, and giving other young women permission to feel. "Petra and I really love expressing feminine rage. And we think that's something that isn't always super commonplace in media," Rodrigo said in a behind-the-scenes video. The same way Needy and Jennifer's emotions are validated by a punky soundtrack, "good 4 u" feels like an energetic celebration of all the feelings that girls are usually taught to hold in and quietly extinguish.
I first saw Jennifer's Body when I was verging on adolescence. It was a typical Saturday night at my childhood best friend Allie's house, where we watched movie after movie in the dark until the light from the TV strained our eyes. I liked the film, but I was at an age where my brother's and my friends' tastes superseded my own. I wore Heelys without the wheels, listened to Flobots, played multiplayer video games on cheap controllers, because that's what everyone around me liked. For a long time, I didn't listen to women-fronted punk bands, or watch movies about cheerleaders, or make art about my own feelings, because I was afraid of being made fun of.
"To be a teenage girl is to simultaneously be pop culture's ultimate punching bag, cash cow, and gatekeeper," Constance Grady wrote in a Vox essay this summer. And even at a young age, I felt that. So, everything I liked, I liked quietly. I forgot about Jennifer's Body, and it wasn't until I saw the "good 4 u" music video that I finally thought about it again. It feels different now, and that's partly because Olivia Rodrigo isn't alone. She and her peers, artists like Willow and Billie Eilish, are finding mainstream success making music where they're wistful, sad, bored, jealous, resentful, angry — music that says everything I was feeling as a sheepish preteen.
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See the complete list of Top 100 albums of 2021, as voted on by our listeners and programmers.
Hosted by Kevin Washington, this show explores musical connections between the 20th century and the 21st.
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Rex Harrison is an officer in the Royal Australian Air Force. He has a background in both air surveillance and space operations, and has served in a range of operational and staff positions. He holds Masters degrees in Defence Studies, Physics and Military and Defence Studies. Follow him on twitter @spacecadetrex
Posted on July 18, 2021 July 15, 2021 by spacecadetrex in Strategy
In this #DefineStrategy submission, Rex Harrison provides a simple answer speaks to some of the common frustrations about the use and over-use of the term. "Strategy is a big idea with a few general thoughts of how to achieve that idea"Rex Harrison To answer the exam question, I think of strategy as a ‘big idea … Continue reading #DEFINESTRATEGY. The Big Idea →
Project Apollo and Strategy as a Conversation
Posted on October 7, 2019 by spacecadetrex in History, Leadership, Policy, Strategy, Technology
“But why, some say, the moon?”[1] While definitions of strategy vary, few question the value of a strategy to provide a ‘big idea’ and a sense of how an organisation can work towards an aspirational goal. As big ideas go, the President Kennedy’s 1961 proposal that the US commit ‘before this decade is out, of … Continue reading Project Apollo and Strategy as a Conversation →
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This is a great way to add another dimension to your curriculum. Even though most of Seekers Wild programs are outdoors, we can design indoor or outdoor programs that are a perfect supplement for subjects such as science, social studies, fine arts, as well as health education, and physical education. Below are some examples of Why and How Seekers Wild Custom Programs can benefit your classroom. The why is where our philosophies may intersect and the how is a quick view of what a Seekers Wild program might look like in your class. There are sample program schedules available here.
Why and how we can fit into specific curriculum:
Why we work with Science:
What we learn in science classes throughout our school age years is a critical basis for understanding the natural world around us. Seekers Wild strongly believes in a similar process used in scientific experimentation. Observing our surroundings, documenting what we see, analyzing it, gaining conclusions, and evaluating.
Wilderness living skills such as tracking, understanding animal behavior, and learning weather patterns, among others, almost identically mimic this process.
Also, understanding natural cycles such as the water cycle, carbon cycle, nitrogen cycle, etc. can affect ones ability to survive in a wilderness survival situation. Therefore gaining knowledge of them before you find yourself in an emergency situation can greatly increase your chance of survival. These are just a few examples of the connection between science curriculum and what Seekers Wild teaches in our camps and classes.
How this translates to your class and what it could look like:
Survival skills lectures that focus on using scientific process, critical thinking, and how natural cycles effect survival in the wilderness.
Hands-on demonstrations in building fire by friction, how a bow and arrow work,
Edible and medicinal plant talks or walks around the school. May include harvest and taste testing.
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Why we work with Social Studies:
This is such a dense and expansive subject. From geography to one's own self development to studying civilizations past and present. Seekers Wild doesn't just teach wilderness survival skills, we incorporate the entire scope of our existence. Self-awareness, traditional living skills, mapping, navigation, and laws of nature (carrying capacity, thermodynamics etc..) are a few of the things dear to our heart.
How this translates to your class and what it could look like:
Wildcrafting in the way traditional peoples of our area did hundreds of years ago. This could be baskets, cordage, mats, etc.
Mapping of the area (school grounds, or other location: home, known location of student) and incorporating elements into the map.This may include flora and fauna, resources, areas that resemble native landscape.
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Why we work with Fine Arts:
Just like a person who doesn't fit particularly into any one group or click, Fine Arts is often forgotten or seen as a marginally necessary part of our culture. Seekers Wild however believes that the Arts is the glue and enhancement that not only holds our society and personal lives together but improves them on multiple levels. Relating arts to survival skills and primitive living skills makes sense to us.
At Seekers Wild we seek to instill a notion of making everything we do an art by:
Paying extreme attention. To your surroundings, to detail, to yourself, and to others.
Your craft is your art. If we are doing fire by friction, it is not strength and stamina that makes the bowdrill work. It is your form and ability to listen to the song of the wood and needs of the fire.
Changing the way we move our bodies. Moving silently and invisibly requires not only physical practice but mental as well. When put together, a stealthy walk becomes a dance and our partner is the natural world around us. We interact with the flora: leaves, sticks, and rocks on the ground, the bushes, and tree limbs above the ground and the fauna: the birds, deer, squirrels, etc.
How this translates to your class and what it could look like:
A short talk about different gates of animals and then practice mimicking them.
Conversation about how to move stealthily and then practice doing so.
Fire by friction/bowdrill demonstration and then hands-on practice.
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Why we work with Health Education:
Seeking health and wellness is deeply woven into the mission of Seekers Wild. We believe that incorporating nature into our lives improves the overall quality of life for individuals and the community. To many this is no surprise. But the population that are unaware of or even doubt the concept of nature as an integral part of our health is growing. Partly caused by technology and by the migration of rural populations to urban settings, the deficit of exposure to the natural world around is what Seekers Wild looks to alleviate and maybe even reverse.
Living lives closer to nature and practicing survival skills and primitive living skills increases our health and wellness many ways. Some believe that we are "hard wired" to desire to be in nature. This is described in the Biophilia hypothesis by E.O. Wilson, a highly renowned biologist and naturalist. Many other works have compiled research data and tons of anecdotal evidence suggesting that exposure to nature is critical in managing mood and self-development. Richard Louv's book "Last Child In The Woods" covers this topic well and his website offers so much more information on the subject.
Beyond this, the primitive living and survival skills build up one's self sufficiency. Being able to care for and provide for one's self opens almost establishes courage.
How this translates to your class:
Wild edible and medicinal plants walks around your school or local park.
Lecture, examples, and practice of how to get outside including but not limited to: talks on sit spots, how to ethically attract and observe wildlife, activities and games that promote understanding the natural world.
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Why we work with Physical Education:
Many of the games and sports we play today were created b people who inhabited this very land hundreds of years ago. These games were created to either mimic a skill necessary for survival or out of the desire to entertain themselves. Seekers Wild also designs many of it's programs around these same philosophies. If we are not directly practicing a primitive living or survival skill we are probably playing a game that is a metaphor for something in the natural environment. We also love to create games from only materials we find in nature. This promotes creativity, teamwork, and shows us that we don't need batteries, the internet, or an plug-in to have fun.
How this translates to your class:
Stalking, animal mimicry games, and other survival skill games.
Practicing actual survival or primitive living skills that can require physical exertion such as bowdrill/fir by fritcion.
Creating and playing games from found materials. Some of our favorites are rock game, Kub, river rock bocce ball, throwing stick bird and rabbit "hunt".
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"This post contains affiliate links, which means that if you click on them and make a purchase, I may receive a small fee at no extra cost to you."
Does Space Nk deliver to Brazil? A good number of shops in the U.S.A. will not send goods overseas.
It can be difficult to handle, particularly if Space Nk is providing great discounts.
Do not get irritated if you need to deal with such a problem. There is an easy fix that will assist you purchase from e-commerce shops in the United States to Brazil.
Space Nk is among the many stores where you will be able to buy items that you want.
How to buy from Space Nk USA in Brazil
Primary step: Register with a Shipping Forwarder
After checking Space Nk to make sure there is no option to ship to Brazil straight from the e-commerce store, the next best action is to find a package forwarder that will send your items from the United States to Brazil.
E-commerce purchases can be expensive, and you want to make certain that your Space Nk items do not arrive damaged or that shipping takes an unreasonably long time.
Dealing with a package forwarder with years of experience is a wise option which is why we think you need to deal with MyUS.
The factor that we like MyUS is since it is a low-cost and reputable package forwarder. Furthermore, MyUS will not add extra taxes to your total that would increase the overall cost of your purchases.
Over the last number of years, we have placed 1,000 orders from the US to Brazil from e-commerce shops such as Space Nk and think that MyUS is the best option for putting an order from Space Nk.
If you have chosen to make an order at a store from a company such as Space Nk that will not ship to Brazil, we recommend signing up to MyUS to utilize their package forwarding service to ship your orders.
Joining MyUS is simple, and you can see the overall cost that will be charged to ship Space Nk to Brazil before finishing the checkout process.
If there is a problem with your order, their concierge service will help fix an issue.
After completing the MyUS signup procedure with your address in the United States, you will now be able to finish the second action.
The 2nd step is pulling up the e-commerce shop for Space Nk and buying all of the great products that you might not previously.
As you go through the purchase process, utilize the United States address that you have actually created with MyUS to ship items from e-commerce stores that do not ship to you. Your package will arrive quickly at your address in Brazil.
Related Posts:
Does Space Nk Ship to China?
Does Space Nk Ship to India?
Does Space Nk Ship to Indonesia?
For any questions or concerns, please reach out to us.
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Guidepost Montessori and the Academy of Thought and Industry Earn Cognia System Accreditation | Higher Ground Education
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Guidepost Montessori and the Academy of Thought and Industry Earn Cognia System Accreditation
LAKE FOREST, CA – Higher Ground Education, the leading network of schools dedicated to Montessori education, announced today that Guidepost Montessori and the Academy of Thought and Industry have earned system accreditation by Cognia™, a nonprofit organization that provides quality assurance for schools, school districts, and education service providers.
Cognia, formerly AdvancED, nationally recognizes districts that meet rigorous standards that focus on productive learning environments, equitable resource allocation that meet the needs of learners, and effective leadership. Earning accreditation from the Cognia Global Accreditation Commission means that the system and all of its domestic and international schools are accredited, and that Guidepost Montessori and the Academy of Thought and Industry are recognized across the nation as school systems that meet Cognia Standards of Quality, and maintain a commitment to continuous improvement.
“Systems accreditation as conferred by the Cognia Global Accreditation Commission provides Guidepost Montessori and the Academy of Thought and Industry a nationally recognized mark of quality for our school system and each school within it,” said Jocelyn Scotty, Vice President of Schools at Higher Ground Education. “It demonstrates to our community our commitment to excellence, our openness to external review and feedback, and our desire to be the best we can be on behalf of the students we serve.”
To earn accreditation from Cognia, a school district must also implement a continuous process of improvement, and submit to internal and external review. School systems in good standing can maintain their accreditation for a five-year term.
Dr. Mark A. Elgart, president and CEO of Cognia, stated, “Cognia System Accreditation is a rigorous process that focuses the entire school system and its community on the primary goal of preparing lifelong learners in engaging environments where all students can flourish. Guidepost Montessori and the Academy of Thought and Industry are to be commended for demonstrating that they have met high standards, and are making progress on key indicators that impact student learning.”
Cognia is the parent organization of the North Central Association Commission on Accreditation and School Improvement (NCA CASI), Northwest Accreditation Commission (NWAC) and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (SACS CASI). Parents and interested community members can learn more about the Cognia Accreditation at cognia.org.
Cognia offers accreditation and certification, assessment, professional learning, and improvement services to institutions and other education providers. The result of the merger of AdvancED and Measured Progress, Cognia was formed to bridge the gap between school evaluation and student assessment. As a global nonprofit working in over 80 countries, our 36,000 institutions serve and support nearly 25 million students and five million educators every day. Cognia serves as a trusted partner in advancing learning for all learners. Find out more at cognia.org.
About Higher Ground Education
Founded in 2016 by seasoned Montessori educators and entrepreneurs, Higher Ground operates Guidepost Montessori, the largest growing network of Montessori schools with over 80 locations across the US and China. It has grown into an omni-channel business offering in-person, at-home, and virtual learning options that enable parents, students, and educators to seamlessly access Montessori-inspired education and training, no matter where they reside. The company places particular emphasis on accommodating families’ ability to travel and migrate, and regards “continuity of education” as one of its core value propositions. To learn more, visit www.tohigherground.com.
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A few years ago when I served as coordinator of the former NEA Jazz Masters on Tour program, which through the National Endowment for the Arts was an Arts Midwest operated fee support program which partially funded presenting organizations to present NEA Jazz Masters, one of the real revelations of the work was conducting several site visits on the subsequent funded projects; and that was in part because it enabled me the opportunity to interact with the Master in question, including conducting interviews. One such trip took me to Ft. Lauderdale, FL to visit a short residency by the great drum master, the now-ancestor Chico Hamilton. Chico had for many years taught at the New School so he was guaranteed to drop some wisdom on students during the masterclass that was a part of his visit to Ft. Lauderdale. If you ever saw Chico perform you remember certain specificities of his set-up, particularly how he set his cymbals lower than most drummers – a set-up he attributed to his desire for economy of motion. We spoke at Chico’s hotel room following his masterclass, where he discussed a drummer’s responsibilities and overall rhythm section concerns. There’s plenty of wisdom here, certainly for drummers!
How did you begin your masterclass today?
By being smart [laughs]. I generally start off with the most important thing, which #1 is time. Unfortunately you find that most young musicians – particularly the beginners – have no idea of the life of a note; in other words how long a whole note is, how short a quarter note is, or how long a half note or a dotted half note is. Also the most important thing is being able to concentrate, which is not easy for anybody. Teaching them how to count – its amazing the amount of musicians that don’t know how to count time; most young players would say 1-2-3-4, 1-2-3-4; etc. and don’t know how many bars that is. But if you say 1-2-3-4, 2-2-3-4, 3-2-3-4, etc. amazingly they don’t know how to count that way, so I teach them how to count that way. I also teach them what a whole note sounds and feels like. After teaching them that I show them that everything that goes down has to come up; so if you’re dealing with a downbeat, when you raise your hand to come up that’s on the ‘and’ – 1-and-2-and-3-and-4, and you can use that when you count 8th notes. Where the concentration exercise comes in is I ask them to clap their hands – say like for instance on the 3rd beat of the 13th bar I want you to clap your hands. When we start the count everyone has a silent count to keep time to themselves. And man you’ll find that by bar 10 they’re all off in different places! They lose their concentration. Little things like that; things like that will carry them a long way. We also place emphasis on not being a sloppy player. For instance, when the conductor or the leader comes up with the downbeat you’ve gotta hit, you don’t put the horn up to your mouth, you come up ready; being late you’ll never get work as an ensemble musician, nobody’s going to hire you. Being late like that you become a sloppy player and it’s a hard habit to get out of, very hard. I just try to teach the basics and a foundation, very easy to understand, all you have to do is apply it.
These were middle school and high school students. Do you bring the same knowledge to college students?
Strangely enough they need the same thing. The college students, what that’s all about is money – if you can afford it, you’re in school [laughs]. Unfortunately the school didn’t start off like that, but that’s the way its ending up [the New School]. I’ll tell you something else I was very impressed with: they [Ft. Lauderdale students] were all very mannerly, there were no really smart asses.
Were there many drummers at your Masterclass today?
I guess there were maybe a half-dozen or so. There must have been about 35-40 kids.
What specific things do you teach the drummers at that stage in their development?
Keeping time. In that case there were at least 30 musicians working with one drummer. The drummer has to let them know that he’s keeping the time, he has to take charge, you have to be strong enough to lay down a beat and strong enough for them to listen to you as opposed to them getting carried away. The drummer is the timekeeper.
Where does the bass player figure in that whole equation?
Very interesting question… If the drummer is weak the bass player is going to kick his ass, that’s the bottom line – he’s going to run him over and every thing they do they’re gonna be at war, in every hook-up. The way the instructor had set the band up, was just the opposite of the way I set up. He set up with the bass in the elbow of the piano. I set the bass up on the drummer’s high hat or sock cymbal, therefore they can hook up. As long as they hook up the rhythm section will happen.
So when you set the bass player up the way you like to set them up – alongside the high hat – its easier for them to hook-up rhythmically?
Yep. Its actually the correct way, but unfortunately a lot of bandleaders don’t understand that. Basie knew it… that’s the reason they swung all the time.
Why do you think band directors set them up that way to begin with?
Because most bandleaders don’t understand that the bottom line to what their sound is going to be like is the rhythm section. If they’re a horn player they think it’s the horns; they have no idea that it’s the rhythm section that’s going to make them sound [good], going to make them swing, going to make them play. The average bandleader doesn’t understand that if he’s a horn player.
Who matures more quickly among young students, the horn players or the rhythm section players?
I would say the rhythm section, because they have to listen to all that bullshit that the horns are playing [laughs] – ‘scuse my French. A horn player – his ego is going to play all the notes in the world that don’t mean nothing. The average horn player will play everything he knows in 8 bars… that’s it. As a rhythm player you’ve gotta sit there and keep time for that shit, and it becomes boring as hell. That’s why you have to devise ways of making it interesting. Like I told these kids, if you have any problems keeping the time then hum to yourselves, sing out loud; that way you’ll know that the tempo is there, the time is there. Forget what the soloists are playing because all they’re doing is something they don’t even know; they figure the more notes they play the better it is. They don’t know that the less they play the hipper it is.
You’ve had a lot of good horn players in your bands…
I’ve had quite a few…. I’ve had a lot of good players period in my orchestra; I don’t have a band I have an orchestra.
What have you done to school them when they come into your orchestra?
I start off playing to their weakness. Those horn players didn’t become the horn players they became until they were in my orchestra. By the time they left my orchestra they were ready.
Why do you refer to it as an orchestra rather than a band?
What an orchestra means to me is musical. A band could be a brass band, a cigar band, a rubber band, etc. I’m old fashioned; an orchestra suggests a melodic structure.
I’ve always felt that singers often don’t get the respect they may deserve from instrumentalists because there is a sense on the part of the instrumentalists that learning to sing is not as difficult as learning to play an instrument.
The bottom line – what you’re saying is true – but most singers can’t keep time, they have no idea what keeping time is. So subsequently a horn player doesn’t want to be bothered with them if they can’t come in at the right time. The bottom line to all of this is rhythmic, there’s no such thing as new music, it’s totally impossible to have new music; we’re still dealing in a 12-tone system, 12 notes. Somewhere along the line somebody has played those notes before. The only thing that can possibly be different is the rhythmic articulation that makes the difference. The ones who excel in a melodic structure, these are the players that we like. Miles Davis was a sound, Cannonball, Trane… these people were sounds, they played the whole works. So when the average singer or player says ‘we’ve got some brand new music’; that’s nothing but stone, cold bullshit, but writers go for it.
What is your impression of the NEA Jazz Masters program?
#1 I think it should continue. #2 I think it should continue with the right people, people who know how to teach. There are a lot of good players but they can’t teach.
In an age where so many jazz artists don’t seem to talk to their audience much you are quite communicative with your audiences during your performances. What are your thoughts about the artist’s need to talk to their audience?
The reason I talk to the audience is because I play a lot of original music. Like when I acknowledge the fact that we’re playing something you’ve never heard before and you don’t know whether we’re playing it right or wrong, that’s the humor part of it but it’s a fact. The audience listens for it and says ‘OK, I haven’t heard this before but I like the melody, I like the rhythm… as opposed to just playing and not saying anything. When you go to a session to catch a group and nobody talks, you ask the people who have listened as they come out of the joint wherever it is ‘what did they sound like’? They’ll say ‘I don’t know’ because they didn’t tell me nothing.
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I am, without a better way to put it, swimming in nuts.* Appalled by the price of nuts everywhere around here but insisting that it wasn’t going to keep me from baking with them, I asked my mother out in the ‘burbs — a place where people are less confident they can get away with swindling $9.99 for 1.25 cups of pecans — to see if she could do better. She came back with fifteen pounds for about $30 from Costco, five of walnuts, five of pecan and five of almonds. It is, in a word, awesome.
And yet, despite the fact that many of my favorite recipes involve them in one way or another, I had not made even the slightest dent in the almonds and only a paltry one in the pecans as of last week, and they’re taking up a lot of space in the pantry and freezer. (I believe this is called The Costco Effect.) Obviously it was time to break out the big guns, a recipe sure to be so addictive, pounds would disappear (from the pantry, not our guts, that is) at a breakneck pace and the only thing left to do (besides sit-ups) would be to ask my mother to go back to Costco again.
These worked, and then some. The recipe is courtesy of Elizabeth Karmel of Hill Country a Texas-themed honky-tonk barbecue joint on 26th Street whose moist brisket is becoming something of a religion to us, and who shared it with New York Magazine in their roundup of favorite holiday food gifts from local chefs. I didn’t actually get to it in time for gifts, but it doesn’t mean a single person has complained (and then politely asked for more) when I’ve given them away since. Because I can’t have them around us anymore. They are dangerous.
I hope you all have wonderful New Years, merciful January 1sts and get everything you want, including that pony, in the 2009.
* My goal is to see how many times I can get certain people to giggle before the end of this entry.
** I’ll try to get one of those nice little 2008 round-ups together tomorrow. A certain someone that I genuinely adore but still might throttle because he refuses to wear a hat (and often gloves and a scarf and omg I have turned into all of our mothers) brought home a stuffy head and cough to his wife who always wears a hat, gloves, a scarf and even a hood and it’s slowing me down a bit today not that I am rubbing it in or anything.
Sugar-and-Spice Candied Nuts
Adapted from Elizabeth Karmel of Hill Country
Karmel says: “A mason jar full of nuts and a pretty ceramic bowl is my favorite gift. If you bring these to a party, tell the host or hostess to hide them, or they will disappear.”
Deb says: These are so insanely easy to make — and from ingredients you probably already have on hand — they’re perfect to bring to any party. Like that one tonight.
1 teaspoon kosher salt (I might up this by a 1/2 tsp. next time for more of a sweet/salty balance)
1 teaspoon ground cinnamon
Preheat oven to 300 degrees. Mix sugars, salt, cayenne, and cinnamon, making sure there are no lumps; set aside. Beat egg white and water until frothy but not stiff. Add walnuts, and stir to coat evenly. Sprinkle nuts with sugar mixture, and toss until evenly coated. Spread sugared nuts in a single layer on a cookie sheet fitted with parchment paper. Bake for 30 minutes, stirring occasionally. Remove from oven, and separate nuts as they cool. When completely cool, pour the nuts into a bowl, breaking up any that stick together.
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334 comments on sugar-and-spice candied nuts
Looks good! If you need a bit less, Trader Joes has good prices on nuts as well. Happy New Year!
December 31, 2008 at 11:52 am Reply
December 31, 2008 at 11:59 am Reply
Happy New Years Eve! I want these nuts so I’m gonna make them (that’s what she said..omg..I really said this here, didn’t I?). Thanks, Deb! Have fun tonight!
December 31, 2008 at 12:01 pm Reply
I bought my nuts this year at Costco…I was amazed how much I could get for so little! Thanks for the recipe and for your awesome blog!!! It is one of my favorite finds of 2008…Happy New Year!
December 31, 2008 at 12:06 pm Reply
Thanks for the Costco tip, Deb! And thanks for the recipe – snowstorm in Boston means leaving work early with plenty of time to make them for a party tonight :)
December 31, 2008 at 12:15 pm Reply
I made these this year too and gave them away as gifts. (Also made from Costco’s Nuts!) Everyone loved them, and I got way more compliments on them than on any of the other things that took considerably more time. Next year, I might just make these and forget the cookies. I love the paprika suggestion… might have to try that next time. Happy New Year!
December 31, 2008 at 12:20 pm Reply
One word. YUM. I also go to lengths (like TJs) for cheaper nuts. I need to organize all of them taking up room in my freezer!
December 31, 2008 at 12:23 pm Reply
I hear many good things about the hot smoked paprika…must get my hands on some and try it! Happy New Year.
December 31, 2008 at 12:23 pm Reply
Tabitha (From Single to Married)
I’ve always wondered how to make these and now I know. Definitely want to try this recipe!
December 31, 2008 at 12:28 pm Reply
dan
Yeehaw! I love getting these from street vendors. It one of my favorite things about New York.
December 31, 2008 at 12:31 pm Reply
Thanks for another wonderful year of your blog!
December 31, 2008 at 12:34 pm Reply
I gave out sugared pecans as gifts this year since I was short on time for making cookies or other baked goods. Costco rocks my world with their great prices on nuts! I found the pecans I got there much better than the ones at my local grocery store.
December 31, 2008 at 12:35 pm Reply
I did cookies this year too, and I think next year, in pretty containers, this will make a great companion. And yes, I’m going to whip up a batch for the NYE party I’m going to tonight, because relatives in Alabama sent me a pound of pecans and I need to get rid of them too!
December 31, 2008 at 12:39 pm Reply
I buy my pecans from a guy from Georgia, who sells them even CHEAPER than Costco or Trader Joe’s and his are fresher.
I am putting these on my pear and gorgonzola salad for New Yrs Eve tonight.
December 31, 2008 at 12:50 pm Reply
Deb, you’re a corker! Thanks for the ever entertaining blog and a delightful perspective on life…just skewed enough to give stuffy types a moment’s pause. BTW, Smitten Kitchen is tied for the lead over at Apartment Therapy’s best food blog of the year. Thought you’d like to know (as if you didn’t already). If it’s not too late to vote, put SK over the top.
December 31, 2008 at 12:53 pm Reply
Deb, these look divine! And being from Texas, where our state tree is the pecan tree, I am constantly surrounded by gallon bags of shelled pecans from my boyfriend’s grandmother. Now I have a recipe where they will be used more quickly!!! Thanks a million for all the awesome recipes. Happy New Year!
December 31, 2008 at 12:59 pm Reply
Kirkland Signature is Costco’s “generic” brand. They contract with other companies to provide items for them (from nuts to plastic wrap and beyond!) It’s not the same company that makes all the items. :)
December 31, 2008 at 1:15 pm Reply
These look delicious. I will definitely try this recipe.
December 31, 2008 at 1:22 pm Reply
these look awesome! i’ve already made my nuts for tonights “big” new years celebration (thanks david leite!), but i’ll have to try these soon!
BTW, the feta salsa…also a HUGE hit when i made it the first time last week. That’s making another appearance tonight as well.
December 31, 2008 at 1:33 pm Reply
Yum Yum, I love candied nuts. I typically make maple glazed pecans.
I also made the feta salsa and it was a huge hit.
December 31, 2008 at 1:36 pm Reply
That’s what SHE said. I literally spit up my water ALL OVER THE COMPUTER SCREEN after reading the first sentence. Those nuts WERE dangerous. I ate all but 4 of them monday night and then of course, finished the last 4 last night and lamented their disappearance. These were AMAZING. I hope you and Alex feel better – Happy New Year to you both – and good luck with the pony. I can pony-sit for you when you’re out of town.
December 31, 2008 at 1:45 pm Reply
Oh my. These look good! They probably won’t even make it to a bowl before they’re in my belly. Seriously. A weakness.
December 31, 2008 at 1:50 pm Reply
yum! i make these for the holidays each year, but i also add rosemary – delicious! try it.
December 31, 2008 at 2:04 pm Reply
Don’t you love the dilemma of buying bulk nuts so that you’ll have them cheap, then trying to figure out ways to use them before they go bad and b/c they’re taking up so much space?
These look delicious!
I’m a fan of making the nyc streetcart nut b/c they don’t use eggwhites which I find messy. Jacques Torres gives a great online demo on the foodtv site. You basically cook sugar and nuts together on the stove until the sugar melts, caramelizes, then turns sandy.
Happy new year!
December 31, 2008 at 2:10 pm Reply
As a transplanted North Carolinian who no longer has a back yard pecan tree, I ask, nay plead, with you to share contact info for your cheap nuts guy with the rest of us!
December 31, 2008 at 2:19 pm Reply
December 31, 2008 at 3:24 pm Reply
Maybe these will get my husbandl stop asking why I have a grocery bag of assorted nuts in the freezer at all times? I don’t know why he even cares since they usually go in tasty baked goods which he loves!
December 31, 2008 at 4:13 pm Reply
Half Assed Kitchen
Ah, I miss the nuts. Yum.
December 31, 2008 at 4:22 pm Reply
I just whipped some up for my friends to nosh on after bar this evening with leftover nuts from various recipes and some almonds I picked up at the grocery store today. My bf gave me smoked paprika in my stocking, so that worked out. Can’t wait to try them in 30 minutes!
December 31, 2008 at 4:30 pm Reply
I LOVE these! Sweet and Salty is the best combination.
December 31, 2008 at 4:47 pm Reply
Happy New Year! Thank you for all the great recipes, photography and humor. I always enjoy and look forward to your posts.
December 31, 2008 at 5:05 pm Reply
These look fantastic! Have a Happy New Year and thanks for keeping up the good work!
December 31, 2008 at 5:17 pm Reply
In addition to the salt called for, I add a little more salt to my nuts while they’re still fairly warm from the oven. Quite wonderful!
December 31, 2008 at 5:58 pm Reply
Yum! Happy new year. Thanks for all your lovely posts this year!
December 31, 2008 at 7:13 pm Reply
They’ve done studies that show cold weather really doesn’t make you cold (unless you go hypothermic or are cold and wet for extended periods or something). Getting sick more often in winter is actually because people stay inside more!
(Don’t hate me. I’m a non-hat-or-heavy-coat wearer in Chicago. I already get enough flak from the coworkers!)
December 31, 2008 at 9:10 pm Reply
Ah-ha! Great minds think alike! As I am also overrun with nuts at present, so I just made two batches of my new favorite thing, called “Pecan Puffs” that my friend’s sweet elderly mom first made for me. They are so simple–basically, pecans in a brown sugar meringue–but SO addicting! They’re like pecan CRACK!
But now I need to try this recipe, too. Thanks a lot, Deb! ;-)
P.S. The recipe for the Pecan Puffs is on my own little blog, if anyone is interested. Here’s the link (the recipe is about midway through the long post): http://lindseysluscious.blogspot.com/2008/12/christmas-wrap-up.html
December 31, 2008 at 9:30 pm Reply
Girl, you must live on a treadmill. Just letting you know that your sacrifice is appreciated. ;-) I always wondered why the sugar never stuck to my candied nuts before, but for some reason I’d never thought to use egg whites. Maybe next time they’ll turn out better.
December 31, 2008 at 11:16 pm Reply
Checkout Sunnyland Farms online for the best, freshest nuts anywhere. They are located in Albany, Ga My sister gets hers at Costco and I sent her some from this site for Christmas. She could not believe how much better they were.
January 1, 2009 at 10:21 am Reply
Suzanne from the RVA
So how often does this happen? 2 hours before I have people coming over, I decide I need one more thing on the buffet table. Certainly Deb hasn’t posted anything new today…but wait! Something I want to make and I actually have everything on hand! Received rave reviews on your nuts! ;)
January 1, 2009 at 10:26 am Reply
I love recipes with nuts. They make such beautiful bites for those in-between times that one feels hungry.
January 1, 2009 at 11:05 am Reply
These are delicious AND dangerous! I used Penzey’s Vietnamese cinnamon and smoked Spanish paprika. The cinnamon overpowered the paprika so next time I’ll probably up the paprika and cut back on the cinnamon. I suggest doubling the salt so it doesn’t get lost in the sugar.
January 1, 2009 at 11:09 am Reply
I’m experiencing the same CostCo effect with the same nuts in my own house. My solution originally was to make banana bread with pecans, but that will barely make a dent. Thank you for saving the space in my kitchen. Again, you’re my hero.
January 1, 2009 at 11:30 am Reply
I love spiced nuts. I always do pecans. The recipe I use is done in the microwave, and doesn’t have the egg whites (husband is allergic to eggs!). Whenever I take them anywhere they are the first to go. Aren’t they amazing? and SO simple!
January 1, 2009 at 11:35 am Reply
this looks delish! the nuts don’t need to also be toasted beforehand?
January 1, 2009 at 1:07 pm Reply
Just a word to the wise…read the labels at Costco and other stores. I don’t know where their nuts are from, but I do remeber how excited I was about a bag of pine nuts from Costco… That is, until I read the back of the package, and it said they were from China. I am not usually squeamish (sic) but I am now afraid of food from China. The same goes for the bulk foods sections in grocery stores. I work at a grocery store and when I asked where the pine nuts were from, guess what? Yep, China. Waahh!
January 1, 2009 at 3:37 pm Reply
These look great, my dad happens to farm 20 acres of walnuts and insures a lot of almond farmers(who give us bags and bags of them at Christmas) so I have tons of nuts I wasn’t sure what to do with, I think I’ll get busy and make some of these tasty nuts!!
January 1, 2009 at 5:09 pm Reply
January 2, 2009 at 2:47 am Reply
These look simply amazing. I love pecans and I love anything sweet and cinnamony with a touch of the exotic. And now I know what to do with that jar of smoked paprika I brought back with me from my last trip to the US.
January 2, 2009 at 4:39 am Reply
I just bought some bulk pecans at Whole Foods for a brunch dish I’m making tomorrow… highway freakin’ robbery.
I wanted to shake the cashier, but it wasn’t her fault.
Unfortunately, I have enough storage room to actually make a Costco membership useful… If I’ve ever flush though, this recipe is on my list ;)
January 2, 2009 at 10:21 am Reply
Just one more reason for my husband to eat his nuts. That didn’t come out right. Oh well.
I think that I might be able to make a pound of these a week and they would disappear at my husband’s work.
January 2, 2009 at 11:05 am Reply
I love nuts and anything to do with sweet and salty. This recipe is perfect and I’m excited to try this at home..
January 2, 2009 at 11:10 am Reply
And just yesterday my Mom called me up for a candied almond recipe…I’m going to pass this one along to her. Looks great!
January 2, 2009 at 11:42 am Reply
Just stuck these is the oven. It sure seemed like a lot of sugar. I wouldve liked the lb. measurement in cups,as I had a partially used 3lb. bag of Costco pecans. I estimated a pound to be about 4 cups (?). I will post back in about an hour to say how they turned out. Most of the posts that precede this one talk about how good they look, how they cantwait to make them, etc etc but very few that actually say they made them and how they came out, so I shall do that soon. I am making these in the hopes that they’ll be great on salad as the candied walnuts in WF are around $18.49 per pound!!!!!!
January 2, 2009 at 11:59 am Reply
Mmmmm…bet some rosemary would be nice as well in this recipe.
January 2, 2009 at 12:09 pm Reply
What kismet! I saw this post on the 31st and just happened to have a pound of pecans and a pound of walnuts at home. My uncle harvests them so they were fresh and free! I used both kinds of nuts and took them to the NYE party I attended that night. They were a hit! Folks tried one kind first and loved it, then tried the other and thought they might like that one better. It worked whichever nut they ate first. Plus, they couldn’t believe there wasn’t any butter. If/when I do these again, I will add more cayenne because that flavor barely came through and it would have added a nice kick, but overall a great recipe. Thanks!!
January 2, 2009 at 12:36 pm Reply
Okay–Im back. They are good and I think they will serve my intended purposes for sprinkling on an arugula salad but—-I find that for eating out of hand, they are just a bit too sweet. I know there will probably be many that disagree with me, as I dont have a huge sweet tooth. Also, I can see where this does make a nice gift in a mason jar tied up with a pretty ribbon and a label. Its different than the usual thing that people give such as cookies. I will keep it in mind for next year. Id love a recipe for glazed nuts that have a shiny coating, similar to the ones that I saw in Whole Foods—-anyone have one?
January 2, 2009 at 1:28 pm Reply
deb
Hi Maria — In the shinier category, you might be looking for something closer to the ones I use in this salad. They’re much, much less sweet.
January 2, 2009 at 1:36 pm Reply
In response to Maria — I think your sugar estimate was off; hence the “too sweet” decision. One cup is 8 ounces, so you needed just 2 cups of sugar to make your pound. These do sound good. . .
January 2, 2009 at 6:23 pm Reply
A friend of mine led me to your blog, and I’m so glad she did! Wonderful, wonderful. I can’t wait to steal more recipes from this site and then pretend I made them up because I’m an untrained culinary genius.
January 2, 2009 at 6:38 pm Reply
These nuts look great! I don’t have a Costco membership, but I always ask friends that do to buy me walnuts when they go. It is quite the deal compared to grocery stores. Happy New Year!
January 2, 2009 at 8:43 pm Reply
please. please. post something. anything. to push the nuts below my screen.
I love spiced/sweet nuts, and I need not be eating them right now.
they are TOO tempting.
January 2, 2009 at 9:01 pm Reply
Always the tinkerer, I was leery of using the whole batch of sugar mix and left out about a third. Some of the nuts are deliciously crunchy, but other have a bit of soft sugar-egg-white softness on the bottom. Do you think I can re-toast these?
January 2, 2009 at 10:56 pm Reply
These nuts look delicious. Since I live in nyc and dont have a car I dont get to experience the costco effect anymore.
I cant wait to make these
January 2, 2009 at 11:16 pm Reply
I am addicted. Your information is as addictive as the nuts must be!
January 3, 2009 at 4:46 am Reply
In response to elizabeth-I was estimating what a lb of NUTS(not sugar) would be–and I came up with about 4 cups–I wasnt estimating sugar. I used the exact amounts the recipe called for with regards to sugar. If I’d used a full 2 cups of sugar in this recipe, the nuts wouldve been inedible. As it was, with the 1/3 c dark sugar and the 2/3 c gran. sugar, I still found them a bit too sweet. However, like I said, I must be kinda weird in not having a real sweet tooth. I liike sweets, just dont like my sweets to be cloying. Having said that, my 15 year old son loved the nuts and had many helping of them.
Thanks Elizabeth for your help anyhow and thanks Deb for the shiny nuts recipe.
Id love to see posts of others who’ve actually made the sugar and spice candied nuts!!
January 3, 2009 at 7:22 am Reply
i use orange juice instead of egg white and water. brown sugar, salt and cayenne. they are perfectly sweet/salty balanced and not as sugary looking. they also bake off a bit more caramelized.
January 3, 2009 at 10:55 am Reply
My mother is always swimming in spiced nuts around the holidays too…Costco is amazing, you never know what you are going to find there!
January 3, 2009 at 11:10 am Reply
Do what I do.. put them in the freezer! They DO go rancid quickly in a warm place.
January 3, 2009 at 2:50 pm Reply
You really don’t have to use all your nuts right away. I have a side-by-side refrigerator/freezer, and I just freeze nuts in either heavy plastic bags or in glass. They last several months like that, and don’t go rancid. After all, I like to use nuts along through the year, not just when they’re in season!
January 3, 2009 at 4:55 pm Reply
deb
How I wish I had room for 15 pounds of nuts in my freezer! I may have underestimated the space in there. By 10 pounds or so. :)
January 3, 2009 at 5:12 pm Reply
Oooh, this kind of recipe is the best. I Costco’d myself into something like 50 cups worth of spiced pecans as Christmas gifts for the office/neighbors this year, and they were awfully well received.
David Lebovitz has another recipe that’s fantastic – uses melted butter & maple syrup rather than egg white. It calls for a mix of nuts & pretzels, but over time, in our house it’s morphed to all pecans with ground chipotle subbed for the cayenne and fleur de sel just to be extravagant.:) The smokiness of the chipotle smells great with the roasted pecans.
January 3, 2009 at 5:26 pm Reply
don
Thanks for the reminder. Years ago I found a recipe similar to this for Cajun Cashews (you can imagine). I never tried it then because I immediately lost the newspaper column it was in.Now that I have a base recipe I’ll try it. Thanks again for this and for your blog. I love your selection, your photography and your sense of humour.
January 3, 2009 at 7:50 pm Reply
Please vote for Deb in the 2009 Bloggies. She’s been nominated before and I want her to WIN!!! Go to http://2009.bloggies.com/ to vote. Thanks!!!
January 3, 2009 at 10:48 pm Reply
Just thought you would enjoy hearing that you were wonderful on Martha Stewart. I was so excited to get turned on to your site. I made your candied nut recipe and it was a huge hit.I have told 30 or 40 people about your site. May this year bring you a tremendous amount of joy. Thanks for being such a wonderful blogger.
January 3, 2009 at 11:06 pm Reply
I am new to blogging and recently discovered yours. Everything looks delicious. I look forward to following it regularly. I was at Costco just yesterday and made a batch of burnt almonds from Delicious Day’s entry of semifreddo with burnt almonds. I plan to give them out tomorrow – dressed as “La Befana” – to a group of my Italian friends who meet for coffee each week. But I will keep your recipe for a future gift idea.
January 4, 2009 at 3:24 pm Reply
Yum. I made these the other day and they were so good! Thanks for the recipe!
January 4, 2009 at 7:05 pm Reply
These sound delicious! Can’t wait to try them. Have been looking for a chocolate toffee pecan recipe…any suggestions?
January 4, 2009 at 9:07 pm Reply
I do a similar combination of sweet and spice, with the addition of ground cumin. But, what my version is sorely lacking is your use of egg white – I have never done that before! I am so smitten (excuse the pun) with the look of your nubbly crust that I am eager to try out yours! These look wonderful, thank you for sharing.
January 4, 2009 at 9:34 pm Reply
thanks for sharing, deb. these looks delicious! perfect to stave off the bitter cold of january. have you ever made spicy-rosemary cashews? the recipe i’m thinking of may be from ina garten and published in a newspaper that my mom clipped a few years ago, but i can’t be certain. anyway, fresh rosemary and some cayenne! maybe a good way to use up your remaining nuts…
January 4, 2009 at 10:04 pm Reply
Oh my! This look sooo good! I’ve been wanting to try a candied nut recipe for awhile now, so maybe I’ll give this one a go? :) Diana
January 4, 2009 at 10:44 pm Reply
Everyone I give these to can’t stop eating them. I even gave some to my new maybe-man-friend, and he was enthralled (I’m pretty sure that I single-handedly ruined his diet). I also wanted to tell you that over the holidays, I also made the Cream Cheese Noodle Kugel (for Christmas dinner, *giggle*), the Creamy Mac and Cheese (also for Christmas dinner), and the Homemade Oreos for the cookie exchange at work. People ask me where I come up with these recipes, and I tell them about SmittenKitchen and your amazingness. So thanks for helping me look so good!
January 5, 2009 at 11:48 am Reply
I was looking at the pictures and couldn’t figure out why there wasn’t butter listed in the recipe’s ingredients–but then I realized it was the egg white! No butter–that means these are healthy, right?!
January 5, 2009 at 6:58 pm Reply
I have already decided to make these next year for Christmas gifts. And I am a big Costco fan too. Can’t believe how much you get for your money.
January 5, 2009 at 10:10 pm Reply
I recently came across your blog. I have really been enjoying your posts. Your recipes inspire me to keep cooking/baking!
January 6, 2009 at 12:36 am Reply
I sell a similar treat at our local mountain market in snack-sized bags for $1/oz and make a killing :) I have samples out for tasting and no one can resist :)
January 6, 2009 at 7:12 pm Reply
Wow those look so good! I wish I wasn’t allergic . . .maybe the pain would be worth if for those beauties!
January 6, 2009 at 11:31 pm Reply
Great recipe. Thanks for sharing.
Just had to back up your husband and agree with Dwilah from above: going outside without a coat/gloves/hat in no way increases ones risk for getting the common cold.
January 18, 2009 at 5:31 pm Reply
The Costco Effect! I remember that when I lived near one.
January 29, 2009 at 11:31 am Reply
Whoa, I made these today and they’re delicious, but I forgot to line the pan with parchment paper– don’t skip this step! I’ve been scrubbing and scrubbing to no avail– the sugar is cemented onto the pan and I CAN’T get it off!
February 3, 2009 at 8:59 pm Reply
deb
Oh no! Try soaking it overnight… sugar usually dissolves. (Though I know that egg whites = glue.)
February 3, 2009 at 11:06 pm Reply
A very late post to say these look awesome! I do a mix with a honey/soy sauce/sesame oil/cumin/cayenne mix which always goes down a treat, but I love a straight-forward spicy/sweet mix, especially one that looks so nice and sandy/crunchy, so I’ll give these a whirl.
May 14, 2009 at 11:30 am Reply
It looks perfect and appetizing, i add with a sweet sauce like a Russian or honey sauce. Think will try it over the holiday weekend. I am eager to try out yours! These look wonderful, thank you for info.
May 21, 2009 at 3:09 pm Reply
Very nice pictures but i think its very hard to do it at home. Professional roasting mashines make it better.
August 28, 2009 at 2:44 am Reply
typy
We taste it ( me & my children) and it is so good, thanks for sharing it, all my family enjoy it ! Really great !
August 31, 2009 at 2:58 am Reply
I’d like to make these but in Germany dark brown sugar is impossible to find. Think I can use molasses? Can you recommend a substitution ratio? Love the site, thanks!
October 28, 2009 at 5:05 am Reply
deb
You can make your own brown sugar.
October 28, 2009 at 7:19 am Reply
Thanks! Made them this afternoon as a xmas-gift-tryout and my husband can’t stop eating them – sooo addicting!! :) Total success!
October 28, 2009 at 1:55 pm Reply
I used some white pepper and the baking spice (cinnamon and other things) from Penzey’s rather than straight cinnamon– delicious. Good thing I made two pounds.
December 11, 2009 at 5:52 pm Reply
OMG these are fabulous… and dangerous. Best to make these when you have a plan to give them away as they are trouble. Thanks for the awesome recipe.
December 13, 2009 at 12:24 am Reply
I made these on Sunday and ate so many of them in the process! I made about 5 lbs of them – mostly with almonds and then I had a 1lb bag of pecans. I ended up having to throw out the pecans because they burned. It seemed like the almonds took longer to cook than the pecans, even though they were all in the same oven for the same amount of time. I gave little jars of the almonds away as gifts and everyone seemed to like them!
December 14, 2009 at 2:58 pm Reply
Made 2 batches yesterday with pecans, walnuts, and almonds to give as gifts/bring to work for the holidays. They a scrumptious. Put them in the basement to keep my hands out of them!
December 15, 2009 at 1:09 pm Reply
I made these yesterday to give as Christmas presents and my family ATE THEM ALL! Now I’m making them again tonight. Thinking about upping the brown sugar and cayenne this time.
December 17, 2009 at 2:31 pm Reply
I made 50 jars of these for my wedding and people ate all of them before the first toast. I really think these nuts were best part of the wedding for a lot of people!
December 19, 2009 at 11:51 pm Reply
I must learn never to doubt you again. I don’t know how many batches of spiced nuts I made before finally trying this one – and this one was it. So good. My grown nephews couldn’t stop eating them. And neither could I for that matter.
Thank you, Deb, for all of the tried-and-true recipes that never seem to fail.
December 22, 2009 at 11:33 pm Reply
I made two batches of these already for Christmas gifts and am making more today. They are amazingly easy and too delicious for words. I used smoked paprika *and* a (very) generous pinch of cayenne, which my family pronounced “perfect” (we taste-tested, of course… and then we opened one of the gift jars for ourselves). Thank you!
December 23, 2009 at 9:24 am Reply
I made a batch of these last night to go with mince pies and Christmas drinks – stunning! I upped the salt as suggested and used cayenne – would probably use more next time.
December 24, 2009 at 11:55 am Reply
I made these for a New Year’s Eve get together. I used some cayenne and smoked paprika (not hot). i think it could have used a little more cayenne, but overall, i really liked the nuts. I’m sure to make them again.
January 3, 2010 at 11:05 pm Reply
Hi Deb:
There must be something in your nuts to bring out the delurker in me!
How long do you think these would keep and how would you store them? (I’m thinking of making them for my wedding as a bar snack).
Which Costco do you use???? I’m in NYC too-the Harlem location is really inconvenient!
How does one get invited to dinner at your house??? I’ll buy the groceries and babysit!! HA!
February 17, 2010 at 9:11 pm Reply
deb
Morgan — My mother went to one in NJ. I didn’t even know there was a Harlem location! I kept mine in jars. They should last a week (possibly longer but I’m no expert on food safety so will advise you on the cautious side).
February 17, 2010 at 10:05 pm Reply
I grew up in Texas and these nuts are all the rage. In fact, when I got married I gave them away to mostly (Midwest) guests and people ask me about them all the time. Growing up we always used pecans, and when I made this recently I thought pecans worked better than the walnuts. I think they held up to the sugar better.
March 8, 2010 at 7:26 pm Reply
I threw a party for 150 people about a month ago and apart from the buffet I had, I decided not to serve plain ordinary boring nuts and made a few bowls of these amazing treats… The first guests arrived around 9:30. At 11 I was in the kitchen
making more. Next year I’m selling them for sure.lol
March 11, 2010 at 8:45 am Reply
shivani
Deb, quick question on these – is the egg white necessary? Could one sub in water, or even some milk, a la the top of pies? I’m a vegan and just re-discovered the miracles of the NYC candied nut vendors today and am trying to replicate (or in this case, improve upon) them with yours.
March 23, 2010 at 8:56 pm Reply
deb
The egg white is what makes the spices stick without the nuts sticking together. Many candied nuts recipes don’t use an egg white, just butter or oil and sugar. They come out stickier but seem no less beloved — looks around, you might find a recipe that you can more easily tweak.
March 23, 2010 at 9:04 pm Reply
I just made these nuts last night and have been snacking on them pretty much nonstop since (except for a few hours of sleep but I may have walked on over in my sleep to grab a handful). So delicious and they were in the oven in no time! I don’t quite get the cayenne flavor but the cinnamon sugar is perfect on its own. Perhaps I’ll up it next time.
March 31, 2010 at 8:19 am Reply
I love these! Just made them and I am munching away! Love this web site, I am a newbie… Great recipes!
April 12, 2010 at 4:58 pm Reply
Would using this recipe with pistachios work?
May 29, 2010 at 1:32 pm Reply
deb
I see no reason why it wouldn’t work.
May 29, 2010 at 7:27 pm Reply
Does anyone know what happens to them AFTER a week, even in a sealed jar?
I found a jar that was a month old, opened it and it was just fine. Would anyone suspect parasites? Why do they keep saying “will keep for a week.”? I love these nuts.
August 17, 2010 at 10:16 am Reply
deb
I hate weighing in about food safety because there are real experts out there and I’m not one of them. But honestly, I cannot imagine in a moisture-free, not-too-warm environment what could go wrong with these nuts after a week. You know, if you can get them to last that long.
August 17, 2010 at 11:06 am Reply
Holy delicious. I made these for a party and was afraid I would eat the whole pound before I walked out the door….
For spice, instead of the cayenne I used some smoked coban peppers I got on a trip to Guatemala and used my mortar and pestle to grind them in with the salt. It added a nice spice and slightly smokey depth.
Also, the use of egg white is brilliant. My grandmas recipe that I always used to use includes about a pound of butter, I have been freeeeeeed!!!
August 27, 2010 at 8:17 pm Reply
By the way, regarding the Kirkland issue: Deb, I don’t know if you’ve noticed, but that brand even sells… panties! Yes, they do! Not to mention yogurt, cereal, (I think) imitation cheese, office supplies, yada yada yada. It’s mouth-dropping!
September 14, 2010 at 10:40 pm Reply
These are awesome! Last Christmas my mother’s store got in Killer Texas Pecans, she had a sample bag and we all loved them, but even at whole sale they were 15$ for a small (6 oz) bag. As my boyfriend loved them I immediately looked up copycat recipes and asked my step-grandmother and my pastry chef uncle but all of the ll recipes I found used oil. These are soo much better, and so similar, though I probably use more cayenne than most people.
I am planing to make these for a Thanksgiving hostess gift (pairing it with rosemary flatbread, some cheese, a bottle of wine and San Pelegrino, brownies, and pumpkin gingerbread in basket with some Honeycrisps for filler.) Thank you for this recipe!
November 3, 2010 at 10:21 pm Reply
I used a combination of walnuts, pecans and almonds (yipee-skipee for Costco!) and made two batches. For the first batch I used 1.5 tsp. kosher salt, 1.5 tsp. cinnamon, 1/8 tsp. cayenne and the egg white/1 Tbs. water combo and baked ’em for about 40 minutes. They were good — and relatively addictive. For the second batch I used the same amounts of salt & cinnamon but forgot about the 1 Tbs. of water and upped the cayenne to about 1/4 tsp. These were the better batch by far. They were less sticky/gooey/glommy and had a nicer hit of heat. I may try equal amounts of brown and white sugar next time (1/3 C. each) and do a slightly heaping 1/4 tsp. of cayenne for a more savory-with-a-sweet-ending versus sweet-with-a-savory-ending. Either way, these are frightfully easy and really delicious.
November 21, 2010 at 6:52 pm Reply
Also I used this recipe to create another to knock off yet another obscenely expensive product my family has loved during the holidays: I use your basic recipe, but I cut down the salt, whip the eggs until they are very very foamy (just barely soft peaks that hold) and I replace the cayenne/paprika with a little bit of vanilla. I did these with almonds, but next time I am trying them with pecans. They make a light brittle coating, and while they are a little too sweet for me to eat straight my family loves them and I like them on ice cream or it small doses.
November 21, 2010 at 11:43 pm Reply
To Shivani: I tossed the nuts in a bit of soy milk rather than egg white and it worked great for me.
December 3, 2010 at 9:27 pm Reply
Someone asked about keeping the nuts longer than a week: Sogginess is the problem (or the risk), not food safety. Enjoy free of fear!
December 4, 2010 at 12:31 pm Reply
I use a combination of pecans, almonds & walnuts. I gave little bags of these nuts as gifts last year and recently brought some to a party….huge hit! Can’t wait to make them again this year!
December 7, 2010 at 1:06 pm Reply
This is probably a stupid question, but you use raw almonds for these, right?
December 10, 2010 at 3:12 pm Reply
Dang, Meredith, I was just scrolling through all the comments, hoping someone had answered a question like this! Blanched almonds kind of gross me out, I’m afraid that roasted nuts might get too… roasted, and I don’t know if I’ve ever noticed raw almonds at Trader Joe’s or any other grocery store near me. I just want to prepare myself for whatever nut variation I might find when I go shopping for this recipe.
December 16, 2010 at 8:41 pm Reply
AMAZING! I used walnuts, toasted almonds and raw almonds. The contrast of the colors between the almonds made it very pretty. Although I usually prefer almonds over walnuts, I found the walnuts to be tastier because more sugar gets between all the grooves.
I put them in a jar and attached the recipe as well for a secret santa gift.
December 17, 2010 at 6:06 am Reply
The toasted ones tasted just fine and so did the raw ones. I wondered as well so used both to experiment and they came out equally delicious. Use both then you’ll get a contrast of colors.
December 17, 2010 at 6:08 am Reply
December 17, 2010 at 5:37 pm Reply
These are gorgeous – they’re in my oven now. I doubled the recipe but they seem to be taking a touch longer to get crispy. I know they’ll harden up a bit on cooling but should they be crisping up really well in the oven?
December 19, 2010 at 7:47 pm Reply
The quote from Karmel is so cute. I did just that and sent them with the Boyfriend Fantastic to his parents’ house for the holidays.
A few notes: next time I’ll definitely up the cayenne for a bit more heat/savoriness, I did what you recommended 1.5 tsp of salt and it was the perfect saltiness, I was bad and didn’t do a single layer (some of the nuts came out gooey albeit still delicious) and I cooked them on foil but the gooey ones stuck.
December 20, 2010 at 10:39 pm Reply
I’m making these and your jacked up banana bread (and your molasses spice cookies) for little gifts for people (I too used little pans that are decorated saying Seasons Greetings etc. you can see them on my website). I used pecans and almonds and they are so delicious (and look so pretty). Thank you so much, Deb…you are saving me for the holidays (and my budget!!!) I know I’ve been posting a lot lately but that’s just because I only discovered your site relatively recently! Happy Holidays :)
December 20, 2010 at 11:42 pm Reply
Hee! My dad gave almonds, pecans, walnuts, and cashews from Costco for Christmas!
December 30, 2010 at 7:20 pm Reply
My husband was given these as a gift for Christmas from our new daughter in law TO BE, and they were absolutely delicious! So I had to ask for the recipe and now I have “found” you – SK! Thanks so much, I will be making these for myself and gifts!
January 12, 2011 at 12:51 pm Reply
I’ve not tasted these yet, but my house smells wonderful as these are baking now!
thanks for sharing!!
January 29, 2011 at 8:48 pm Reply
Making these for a gift (again!) and just ran out of parchment paper. Any thoughts on doing these nuts with aluminum foil?
May 18, 2011 at 9:21 pm Reply
I love Hill Country, we have one in DC, and I can’t wait to try these nuts! They will definitely be part of this year’s holiday gift baskets :)
September 6, 2011 at 12:26 pm Reply
I agree that this makes a great gift for the holidays! I use this recipe and sometimes add orange zest to it. YUM.
October 11, 2011 at 3:31 pm Reply
I just made this recipe; it is so good, both hubby and I had a hard time keeping our fingers out of the bowl sampling it. I only had 1/2 a pound of Pecans, so I halved all the dry ingrdients. I still used the egg white and water the same. My Oven wasn’t quite at 300 when I put them in. So I baked them for 35 min. I was worried because each 10 min. I would stir them and they were still a bit wet looking. Until the last tem minutes they looked alot more set. Once they were out and drying out they Do harden up, so don’t be scared that they won’t be ready. Can’t wait to make more for Christmas!
October 12, 2011 at 8:13 pm Reply
Sally from Cornwall
Just found this – I like! Going to make a selection AND a mix! Anyone know if there is anything like CostCo in the UK?! I think I could live on these!
November 3, 2011 at 7:27 am Reply
Louisa
I just made these with Trader Joe’s unsalted cashews and they are wonderful! Cook’s Illustrated has a very similar recipe, also 1 egg white and 1 tbs. water, a few teaspoons of spices… but they only call for 1/2 cup white sugar. That’s a pretty big difference, so I went with the middle ground of 1/4 cup dark brown sugar and 1/2 cup white. They came out perfectly.
After half an hour in the oven they still seemed a little sticky, so I took one cashew out to try and left the rest in the oven. 30 seconds later, I realized my sample cashew was actually fully baked, it just needed to cool a tiny bit to harden the coating. I pulled the rest out and in just a few minutes I had a tray of crisp and crunchy nuts! So delicious!
November 6, 2011 at 3:57 pm Reply
Kate from NYC
Deb–these nuts are divine! I jarred them as Christmas gifts last year. This Christmas, I’m getting married and decided to make 20 pounds of these to give out as wedding favors! I was wondering if you think they would stay fresh if I made them one month in advance, if put in jelly jars immediately after they fully cool? Advice would be appreciated! Thanks!
November 20, 2011 at 9:35 pm Reply
deb
Hi Kate — I haven’t tried to keep them that long, so I can’t say for sure. However, ours were pretty perfect after two weeks, so it seems possible that another two weeks wouldn’t have done them much harm.
November 20, 2011 at 10:08 pm Reply
Just made these with almonds (from Costco, like everyone else suggested!)- deeeeeelish! I love the smoked paprika! I added more cinnamon, and they’re the perfect sweet/spicy ratio. Thanks!
November 26, 2011 at 11:37 am Reply
I just made these – yum! I did not have “hot” smoked paprika so I used 1/4 t. of smoked paprika & 1/4 t. of cayene pepper. No paper – just lightly buttered pan. Baked @ 250 degrees for 30 min. then stirred and put them in for 30 min. longer. I would not add extra salt next time. These are really good and all the goodies stay on the nuts. :)
November 26, 2011 at 3:34 pm Reply
I made these for Thanksgiving and they were a huge hit! Thank you for the receipe. I used walnuts & pecans this time. I also subbed aluminum foil for the parchment paper because that is what I had on hand. The whole house smelled AMAZING while these were in the oven! I will definitely be making these again.
November 27, 2011 at 1:57 am Reply
Wow, I wanted to say “thank you so much!” for your experience and recipe! I made these this evening, substituting about 1/2 tsp of nutmeg for the paprika (didn’t want the spiciness). I also doubled the batch and did 1/2 almonds and 1/2 pecans. I can’t stop eating them! They are supposed to be Christmas gifts for the adults in the family! I think I may have to make another batch just before I leave the house to see them because the ones I made tonight will be long-gone by this weekend. Great blog, great recipe, I’m definitely a fan! Keep up the good work!
December 12, 2011 at 9:48 pm Reply
Just made these for holiday gifts. They are great! I used a mix of almonds, walnuts, and pecans (at the Costco price of $15 each for 3 lbs each of almonds and walnuts and 2 lbs of pecans), and I added a touch of cumin. These are great! I tried a different sweet and spicy roasted nut recipe last Christmas, and the results were too gooey. These get crunchy and perfect! I might take a cue from last year’s recipe and add a bit of ground coriander. Also, I used a baking sheet with a silpat, which made it easy to get the nuts off the pan. I haven’t cleaned the pan yet to know how difficult it’s going to be to clean the edges though.
December 14, 2011 at 2:42 pm Reply
December 16, 2011 at 2:57 am Reply
I made these yesterday as a test. Well, they were wonderful.
Everyone loved them. I am going to make another batch and bag them up as Xmas gifts.
December 16, 2011 at 7:14 pm Reply
Okay Juliana, I have pure maple syrup on hand and will also use this instead of water. Thanks
December 16, 2011 at 7:15 pm Reply
Oh, I just made these, and the entire house smells like the holidays! It was REALLY hard to wait for them to cool enough to handle and eat. I upped the salt and cayenne a tiny bit, and added a pinch of cumin and a pinch of coriander. Delicious! Wonderful recipe. Thanks, Deb!
December 16, 2011 at 9:48 pm Reply
Thanks so much for this recipe, I’ve made it twice so far for two different holiday parties and was impressed with how easy it was and what a huge huge hit they were! I used almonds (which I too had a huge quantity of from Costco and didn’t know what to do with, haha) and the second time I upped the salt to 1 1/2 tsp (which I definitely recommend). For my spices instead of the smoked paprika or cayenne I used 1/4 tsp of regular paprika and 1/4 tsp of ancho chili powder because I had those on hand – turned out great! :)
December 25, 2011 at 1:28 pm Reply
I tried these and loved them! I’ve never made candied nuts before, I think next time I’ll add even more heat.
I took them to my husband’s family Christmas, and they were a huge hit!
December 26, 2011 at 9:20 am Reply
January 20, 2012 at 2:56 am Reply
Sweet! Found this at just the right time, making for a large party this weekend:). Thank you!
T
January 24, 2012 at 9:48 pm Reply
Hi from over the pond. UK to be precise. Made these last night and wow they are amazing. I did add a lot more cayenne but I can’t stop nibbling at them. They came out perfectly. A firm favourite in our house now. Thank you so much.
March 31, 2012 at 9:43 am Reply
Tovah
I just made these for a quick app at my dinner party and guests won’t be here for an hour and I’M AFRAID THERE WON’T BE ANY LEFT FOR THEM. Help!
May 14, 2012 at 5:56 pm Reply
Oh I just made these.
They are delicious.
they are coming to drinks and nibbles at book club tonight.
I think I will work through a lot of your recipes. I have only just discovered your site! Doh! An American friend is missing a lot of food she enjoyed back home, so once a month we are cooking together, your corn muffins are next. Thou in Australia it is a very foreign concept, cornbread etc,it’s not sweet or savoury but both…I like the idea of the muffins with some bacon on the side as brunch though.
June 21, 2012 at 12:59 am Reply
nice recipe.but i prefer spice to sugar~~ i like to have a try yours
August 2, 2012 at 4:40 am Reply
I just made these and we are loving them! I had just discovered your site two weeks ago when a friend suggested going to your book signing at Powell’s Books in Portland. I really enjoyed your discussion and enjoy your site. Thank you!
November 11, 2012 at 8:53 pm Reply
I love these streusel-ey, candied nuts but am looking for a glazed nut. One with a thin, smooth, shiney slick of a coating. I’ve had a terrible time finding one that works. Any ideas? Not really fair to ask being as you’re on tour at the moment…
November 15, 2012 at 10:28 am Reply
deb
Hi Susan — I always have an answer for you — it’s just taking me a really long time to catch up this month. (Sorry! Seriously will not happen again.) How about these?
November 25, 2012 at 9:44 pm Reply
Wow – Did no one mention how GREAT the house smells when you make these?
November 16, 2012 at 12:32 pm Reply
Cathy
Made these to take to Austin tomorrow for Thanksgiving treats. So delicious! I have your granola in the oven now, smelling amazing! Love your book Deb. Beautiful photographs and stories.
November 19, 2012 at 8:33 pm Reply
I too made these today to bring for Thanksgiving. I’m bringing the salad, so I’ll bring some for the salad, and I put some in a jar for the host, along with a gift bottle of my dressing. The nuts are delicious! I’ll definitely be making more of these for the Chrismas holidays. I used just pecans today, but next batch I think will be pecans and almonds.
November 21, 2012 at 10:11 pm Reply
This is a seriously amazing recipe! I just made a batch as written (using the huge bag of costco pecans I bought for thanksgiving) with a couple changes: I added a tablespoon of maple syrup and a teaspoon of vanilla bean paste to the egg yolk, and replaced the paprika with cayenne, and added a pinch of ground cumin to the sugar mixture. I’ve been eating a bunch hot out of the oven — thank you for the recipe! I’ll be giving these as gifts and using them to entertain all season!
November 23, 2012 at 8:32 pm Reply
Hi again. I now make these with just almonds and cashews as I think they lend themselves to the flavours. Still loving them. X
December 2, 2012 at 3:47 pm Reply
It’s, like, 4 years since you posted these but this makes good daddy presents! Together with Shutterbean’s candied citrus peels. My dad would love everything about this, even though he would not admit it. haha… he’s the kind that would say he’s meh with it but secretly nibble on these when no one is looking.
December 5, 2012 at 1:17 am Reply
I have a huge harvest of pecans from my backyard tree this year. I made three batches of this recipe, using varying amounts of Tiger Tiger brand Indian chilli powder, for my son to take to a party tonight. Planning on making much more for the holidays. What a nice gift for my very limited budget!
December 8, 2012 at 3:54 pm Reply
SOOO delish — I made them with Almonds and Walnuts … have made 6 batches this weekend and am making two more batches this week. Put in a Garnish paper bag w/ a cute label on the front … the PERFECT gift!! :)
December 17, 2012 at 7:55 pm Reply
Just made these, and they’re fantastic! I altered it a bit — for sweetening, used half maple sugar and half coconut sugar which I first ground in a coffee mill to make more fine-textured. I used a liberal amount of Berber Spice (a North African spice blend) along with the cinnamon, and some extra salt. Just the right blend of sweet and spice! Really wonderful. Sending out jars and jars of it as holiday gifts. I’ll have just enough if I can keep my fingers out of the bowl! Many thanks.
December 18, 2012 at 5:19 pm Reply
P.S. I got my pecans from Sunnyland Farms in Albany, Georgia. Super fresh, really exceptional, the best I’ve tasted.
December 18, 2012 at 5:25 pm Reply
I’ve made these multiple years in a row with pecans and they’ve always been delicious!
I have a friend who loves spiced almonds and has almonds to contribute, except they are already roasted and salted. Has anybody made this recipe with roasted and salted almonds? Was it delicious? Did you need to make any modifications (like not adding salt)?
December 19, 2012 at 3:24 pm Reply
This nice jewish girl just made these ahead of time to bring to my boyfriend’s (very southern) parents for christmas. Boy was that a mistake….I don’t think they will last until Monday!
As a side note, I had a ton of light brown sugar but no dark, so I used 1/2 cup each of white and light brown. Is there a different ratio I should have used? I wasn’t sure how much would be the correct equivalent.
December 20, 2012 at 12:43 pm Reply
I live all the way north in Norway and buy my (hopefully) organic pecans and almonds at iherb.com. It is cheaper to buy from the States than going to our local organic supplier! Tried this, they came out deliscious. I finally got to use my smoked Maldon salt…
December 23, 2012 at 3:11 pm Reply
Made them with rosemary and rather a lot of smoked paprika along with the cinnamon and cayenne, and rather less sugar, using almonds, pecans, walnuts, and pepitas. Delicious.
December 23, 2012 at 4:12 pm Reply
I just made a double batch of almonds, and the house smells amazing. I’m packaging them in vintage candy jars for unique holiday gifts. Thank you for sharing the recipe!
December 23, 2012 at 4:49 pm Reply
This is a perfect blend for what I was looking for. I made two substitutions: Splenda for the sugar and Burbon for water. For me it does need the extra salt as recommended. Had to reduce the cooking time with the pecans from costco.
December 24, 2012 at 12:12 pm Reply
Made 3 pounds tonight with my 4 year old, and they are amazing. Everyone will surely appreciate their “let’s extend the holiday as long as we possibly can and pretend we’re still on vacation” present, right?! I just don’t understand why after making what seemed like an impossible amount of nuts, I still have way too many raw nuts to fit in my freezer! Guess I’ll just have to make more tomorrow…
January 2, 2013 at 1:57 am Reply
Hi deb just wondering how many cups of nuts this recipe coats? Didn’t see the measurement for those in the recipe. And I was just going to buy enough since I don’t have space for them.
January 24, 2013 at 5:16 pm Reply
deb
1 pound of nuts is usually three to four cups. Most nuts, when whole, clock in at about 5 ounces per cup.
January 25, 2013 at 10:17 am Reply
I substitute real vanilla extract for water – also add some cumin and yes a little more sea salt
January 25, 2013 at 11:16 am Reply
I was looking for a candied nut recipe to take to my city’s monthly food swap, and smittenkitchen had this great-looking recipe (the pictures always sway me to use the recipe!). I made the recipe with walnut halves and cashews, and it came out wonderfully. A few things to note:
-I didn’t have parchment paper, so I oiled the pans and put the nuts right on the pan. While the pans were a bit messy to clean, it was not too bad.
-I used all brown sugar (no white sugar in the house), and the results were still good.
-The cashews took longer to caramelize than did the walnuts, FYI.
Thanks for the awesome recipe. I am looking forward to taking these sweeties to the food swap!
February 10, 2013 at 9:21 pm Reply
I just made this and I’m hooked!! I’ve never made candied nuts but I had a bunch of pecans leftover from another recipe and wanted to use them up. This recipe was so easy, made enough to keep for myself and to share with some friends and neighbors!
May 21, 2013 at 4:25 pm Reply
July 22, 2013 at 7:39 pm Reply
Jena
Do you have to use the egg white? I don’t typically have whole eggs on hand as I use egg beaters. Just wondered if they would turn out with out the egg??
August 23, 2013 at 6:31 pm Reply
Jena, just a note. Egg beaters are egg whites. You can definitely use them.
September 17, 2013 at 11:36 pm Reply
I am about to use up three pounds of Costco pecans with this recipe!
September 27, 2013 at 7:11 pm Reply
Hi, I know this is an older recipe you have here but I was wondering, because of the egg whites, do these need to be refrigerated? And how long are they good? (They probably won’t last long enough anyway!!!)
November 18, 2013 at 8:46 pm Reply
deb
Hi Kimberly — They don’t need to be refrigerated. They keep well at room temperature for at least a week, and honestly even longer.
November 19, 2013 at 12:27 pm Reply
I am a big fan and absolutely looooved your blondies recipe (http://smittenkitchen.com/blog/2006/11/blondies-for-a-blondie/) and decided to give this one a try for a Christmas gift! I read tons of rave reviews, but for some reason, but didn’t turn out at all! There was literally smoke! After opening all the windows, I doubled checked that the oven was set correctly and re-read your instructions, but I can’t figure out what went wrong…I tasted a few of the non-burnt ones, and the nuts didn’t even taste toasted! I guess this is probably just a discrepancy with my oven, but I would love if you have any other tips? Thanks, and thanks for all your great recipes and photos!
December 12, 2013 at 12:02 pm Reply
Ok, I take it all back!!!! After these cooled, I decided to try one anyways, and it was delicious!!! Toasty, sweet, spicy, awesome! I was amazed!! It turns out a little bit of the syrup had dripped onto the bottom of the oven, causing the smoke. I never should have doubted you Deb!!! Your recipes rock!!!!
December 14, 2013 at 11:49 am Reply
I make these every year and they are always a huge hit. In the last few batches, I added a tablespoon finely chopped fresh rosemary (in a double batch), and it’s delish. Deb, thanks for all the good you do to our souls with your delightful stories and recipes!
December 30, 2013 at 6:12 pm Reply
Love these nuts. I am going to mention your site and recipe on my own blog. Tweaked your recipe a little. Hope the mention is ok with you. Happy to take down if not.
March 29, 2014 at 12:11 am Reply
WOW! these are delicious! I used coconut sugar instead of brown sugar (just because that is all I had) and they seem perfect. Made them for passover dinner tuesday night, not sure they will last that long. Thank you for another great recipe.
April 13, 2014 at 9:12 pm Reply
I tidied my kitchen cupboards today after eight weeks of being confined to sofa/bed with a broken leg and found that I have about six pounds of nuts. I’ve got a batch of these cooling (almond/walnut mix) on the side now. Have had a couple of still-hot nuts and they taste amazing so I can’t wait to see how they are when they’re cooled. Also, the house smells amazing. And this is the first sweet thing I’ve cooked since I broke my leg!
August 12, 2014 at 11:12 am Reply
PS the walnuts worked better than the almonds – I like almonds better usually but the walnuts stand up more against the sweetness.
August 12, 2014 at 12:17 pm Reply
I think I’m going through a pecan craze–and this recipe is only fueling it!
August 13, 2014 at 7:37 pm Reply
Must nuts always be raw to make these?
September 28, 2014 at 11:26 am Reply
deb
You’ll probably be okay if they’re not, it’s more of a protection against the nuts overbaking before the candied coating is done cooking.
September 29, 2014 at 5:30 pm Reply
I have a similar recipe that includes 1 Tbsp of ground cumin and ups the cayenne significantly (1 tsp). It only uses 1/2 cup gran. sugar so it glazes the nuts as it bakes. I probably add more nuts to insure the glazing rather than the clumping. Sweet, slightly salty, spicy, crispy and addictivel; wouldn’t be the holidays without them!
December 11, 2014 at 3:57 pm Reply
deb
Susan — Send it over! I’d love to see. My #1 quibble with 99% of candied nut recipes is that they’re sticky. The delight of these is that they’re not; they won’t stick together. I’m always curious to try other methods, too.
December 11, 2014 at 8:10 pm Reply
Deb, I’ll email you.
December 12, 2014 at 11:56 am Reply
Making spiced nuts tonight, Happy Holidays to you Deb and family, and happy new year!
December 16, 2014 at 9:28 pm Reply
Hi Deb, happy holidays! Thank you for this and all of your recipes. Made this one for the first time recently, and it was as great as it sounded. I’ve made your dishes for many fun and memorable gatherings over the years, and can always count on Smitten Kitchen for recipes that will turn out well. Thank you!
December 17, 2014 at 1:49 pm Reply
I made this recipe for staff and family gifts. Awesome recipe; loved by all, whether they prefeer sweet or spicy. I added a little more cayenne for those who prefer more bite. Stirring during the baking process is good advice, but also recommend separating the nuts from the parchment soon following baking.
December 19, 2014 at 10:28 pm Reply
OMG, Deb, what have you unleashed?! These things are like crack! I made a pound yesterday and my roommate and I are already eyeing the bottom of the bowl in trepidation. I have to buy another pound of nuts at least so that I can have them for my Christmas party!
December 20, 2014 at 1:50 am Reply
So excited these are currently in my oven- just wanted to note that I followed the recipe (1 pound walnut or pecan halves or whole peeled hazelnuts) and then noticed when I scrolled up to look at the photos I saw you used almonds. Wish I thought to add some in before rushing through the recipe! Maybe Ill make another batch :)
December 21, 2014 at 9:05 pm Reply
Love these, have made many batches over the last several years, but I needed a vegan version for a party soon. I subbed orange juice and a little olive oil for the eggwhite and water and I think I may like them even better! I added the zest of the orange to the sugar mixture and after using about the same volume of OJ and oil and mixing everything together the sugar stuff seemed dry, so I squeezed in the other orange half and drizzled in a little more oil.
The texture of the coating after baking is more smooth and brittle, less grainy than the eggwhite version, and the orange flavor is great. Might not have needed the oil at all, I was just thinking it would be stickier…So it was about a whole orange’s worth of juice and a tablespon or a bit more of oil total, plus the zest. Great flavor! And I use all light brown sugar, the cinnamon, the 1½ t of coarse salt and hot paprika.
January 1, 2015 at 2:08 pm Reply
J
Replace the water with Sherry!
December 11, 2015 at 3:43 pm Reply
Can’t wait to try this recipe. Would you mind sharing the recommended shelf life?
Thanks!
December 15, 2015 at 10:51 am Reply
deb
Laura — I’d say a week or two officially, but we’ve definitely kept them longer and they were just fine, easily a month.
December 17, 2015 at 9:22 pm Reply
Merry Christmas Deb and family, Happy Hanukkah to you all! I have made these every year since the recipe appeared on your wonderful site, people rave and crave and beg for more. I do use a lot more spice but otherwise, fantastic recipe. They keep very well in a tight container like a mason jar. Giving a bunch tomorrow to my secret Santa recipient at work!
December 17, 2015 at 10:19 pm Reply
I have made a version of these yearly during the holidays and they are ALWAYS a big hit. This year I think I will do half with this spice mixture.
December 19, 2015 at 3:24 pm Reply
These just came out of the oven and I’m eating them before they even cool down. So good! I used smoked bittersweet chile powder (it’s what I had) and added a tablespoon of cocoa with the cinnamon. Thanks Deb for another easy and delicious recipe. I want to serve these with some blue cheese and pears.
December 20, 2015 at 10:57 am Reply
I made these and they are spectacular. They will be a lovely addition to the holiday table and for gifts. I followed the recipe as posted but will add more cayenne the next time. Or buy new cayenne (rather old now in my cupboard). Very little heat but just the right amount of sweet and saltiness. I used pecans but may try a mixture next time.
December 21, 2015 at 12:03 pm Reply
If you have vegans in the family like i do – i left out the egg whites and used 2/3 cup of confectioners sugar and a tablespoon or so of water in place of the 2/3 cup white sugar and that made a nice base for all the deliciousness to stick too. It worked perfectly! Love this recipe!
December 22, 2015 at 11:10 am Reply
Just took these out and they are fabulous. Only thing I would adjust is the cayenne. I think I would use more for a little more spice!
December 23, 2015 at 2:59 pm Reply
This is the candied nuts recipe I’ve been searching for! Found it before the holidays, and will be using these beside the cheese tray at my daughter’s wedding soon! Not sticky, which is wonderful and set these apart from my previous go-to recipes, and just sweet and spicy enough! Loved by all and disappear quickly. Thank you!
January 19, 2016 at 7:25 pm Reply
Piano recital in my home tomorrow night. These will be beside the cheeses! And we live in the middle of a grove of native Texas
Pecans so I have a freezer full — picked out and ready to go! Joy!
May 2, 2016 at 8:53 am Reply
I made the nuts to put on top of salad. Simple and fantastic!!! I put cayenne pepper and I like the heat that comes after the first bite. Even my 18 year old teenager likes them.
December 5, 2016 at 11:25 pm Reply
I’ve made these twice in a week. I wanted to do a test run because I plan to use the nuts for some Christmas gifts/party nibbles. The first batch was made with all pecans. I used 1/2 cayenne, 1/2 spicy paprika, but the rest of the recipe as written. They were so delicious and quickly devoured.The second batch was all almonds, using just cayenne pepper. Also amazing and addictive. I bought pecans in bulk to use for the gifts because we liked that version best but plan to stick with the cayenne due to the spicy bite. Great recipe!!
December 8, 2016 at 6:31 pm Reply
How many people does this feed and how many cups do they get?
December 10, 2016 at 8:05 pm Reply
Waiting for a reply to my question , how many 1 cup containers can your recipe fill..? I have 8 cup containers to fill for 8 people.
December 10, 2016 at 8:23 pm Reply
deb
How many people it feeds will have more to do with how many they want; not sure whether people would rather eat 2 or 20, although 8 per person isn’t a terrible estimate. You should have about 4 cups candied nuts.
December 15, 2016 at 6:05 pm Reply
I love this recipe and have been making these nuts for years! Sometimes I substitute Chinese 5 spice powder for the cinnamon (or a combination of both) for a delicious and subtle unique flavour.
December 20, 2016 at 12:00 am Reply
OMG!!! These are unbelievably delicious!! Gave some to my co-workers at Christmas and they were a ginormous hit! Thanks for sharing this recipe.
January 5, 2017 at 6:23 pm Reply
I want to make these. This is the only recipe I have ever read in my life that cracked me up laughing out loud. You have a great gift: writing. Thank you!
June 6, 2017 at 12:30 pm Reply
how long can you safely store these nuts?
October 29, 2017 at 3:56 pm Reply
How long can you safely store these nuts?
October 29, 2017 at 3:58 pm Reply
November 16, 2017 at 12:32 pm Reply
I’ve been making these for years, after a friend directed me to this recipe – delicious! Thank you for sharing
November 17, 2017 at 2:39 pm Reply
I’ve been making this recipe for years now! It’s a Christmas favorite. I love the blend of spices, and the little bit of kick they have.
Yet another favorite I’ve found on Smitten Kitchen – thank you!
November 19, 2017 at 9:34 am Reply
Currently making this recipe for the second year in a row! Made these last year for co-worker gifts (probably will again this December). I have a batch in the oven right now for my Auntie Barb who is hosting Thanksgiving! LOVE this super simple and amazingly delicious recipe – more than the sum of its parts :)
November 19, 2017 at 4:28 pm Reply
chi
I first made these within a week of you posting the recipe, and I’ve made them many, many times over the years since. I always use pecans, and I’m a bit free form with the measurements of everything, the brown to white sugar ratio and spice quantities (I never say no to more cayenne and cinnamon) and sometimes adding different spices but it has never turned out anything short of delicious. It’s such a solid base recipe, it’s definitely worth making as directed or adding your own twists.
My teenager once scoffed at them because he doesn’t like pecans. I told him he had to eat one to try it, and if he doesn’t like them, no problem, he doesn’t need to eat any more. He ate one, complained about how he doesn’t like pecans, then reached for another, then another, and then grabbed a handful because they’re that deliciously addictive.
November 20, 2017 at 1:50 am Reply
I made two batches of these today and they are delicious. I am putting them in beautiful boxes for Christmas gifts, and thank you for submitting this recipe. I even used nuts that were not all whole and still delicious.
November 28, 2017 at 9:40 pm Reply
I made these and they are currently cooling. How long do they keep at room temp? Also, can you freeze them? I’m assuming you can and I think I will try that as I want to give them as gifts in a few weeks.
December 5, 2017 at 3:39 pm Reply
I make this recipe every year for Christmas – one of our traditions!
December 21, 2017 at 9:39 pm Reply
I make these every year for Christmas and get compliments every time. Thank you for always being my go-to for bringing smiles!
December 22, 2017 at 12:57 pm Reply
I made these yesterday and put them in mason jars as little holiday gifts. They are delicious and easy!!!!
Thanks for posting.
December 26, 2017 at 9:59 pm Reply
Costco is very selective with whom they do business. It is not a cut the quality for a lower price company, it’s about bulk. Yes, sometimes we buy more than we need, but we try to share and even if we don’t and some gets wasted it’s still better quality at a better price.They have fabulous cheeses, baked goods, deli foods as well as books, toys, home goods, designer clothes and gorgeous jewelry! Definitely not an “ew” place for anything.
January 11, 2018 at 6:57 pm Reply
deb
My comment is almost 10 years old. I know more about the company and brand now, of course, but at the time, it seemed strange (and definitely not appetizing) to me.
January 17, 2018 at 5:12 pm Reply
I made a few changes to the recipe, by adding Madagascar Vanilla powder and a touch of Nutmeg, used Paprika and Cayenne. Thank you so much, I will not “buy” these anymore!!!!
April 12, 2018 at 3:55 pm Reply
I do agree, for those who prefer a bit more heat….adding extra Cayenne will do the trick. As is, this recipe has a very mild kick at the end. I want a Boom Pow Zowie! effect, so the next time I will add much 1/2 teaspoon or more pepper to my mix. I tell you, this recipe is a simple and allows for creativity. Hugs…I am nuts in love!
April 13, 2018 at 6:01 am Reply
Greetings from Scotland! I have made these every year since I came across your recipe. They are much-loved as “Christmas nuts” by friends, family and colleagues. I’m just about to make this year’s batch and also do a savoury version with salt, garlic granules and rosemary.
For any vegans or those with egg allergies, I find that the egg white can be substituted with aquafaba (chickpea can liquid) though I find you don’t need the extra water. Just a wee tip I’ve found and thought it would be worth sharing!
Thanks for all your recipes and your writing, Deb. I’ve been reading since I was about 20 and always come back to your blog for inspiration!
November 25, 2018 at 6:22 am Reply
Claire, I love the aquafaba suggestion since I have a couple of friends who’ve recently gone vegan. I only ever heard of the stuff a couple weeks ago on Instagram and I’m so intrigued. Thanks again!
December 12, 2018 at 10:17 am Reply
A little late to this nut party – but I am so glad I found this recipe! Let me just say – I make many batches of these to bring as hostess gifts and I give them with a warning – if you put them out for guests to eat they will be gone before you can have even one. So delicious and so easy. If you are on the fence – make them!!
November 26, 2018 at 8:40 am Reply
My wife and I have made these quite a few times now. They’re always a crowd-pleaser. Thanks!
November 26, 2018 at 11:10 am Reply
Made quite a few batches of these today. Versatile base recipe that you can impose a lot of flavors on. Took more than 30 minutes in my oven- more like 40.
Wonderful treat that I will be giving out for the holidays.
December 1, 2018 at 6:03 pm Reply
Any advice on how long these keep? As in, how many days between making them and giving them as gifts do I have, and how long do gift recipients have to keep them before breaking them out to enjoy? I am thinking of these for an office gift exchange…..And, any advice on packaging? I know I can do a Mason jar, wondering if a festive cellophane would work as well to keep these as fresh as possible. Many thanks!
December 8, 2018 at 11:01 am Reply
deb
I think they last a month, easily, if not longer. (I am not a food safety expert, however.)
December 10, 2018 at 10:16 pm Reply
I have the same questions as Tara. Would greatly appreciate feedback!
December 9, 2018 at 12:13 pm Reply
deb
I find they keep a long time. A month, easily. Cool dry pantry or cabinet, of course.
December 10, 2018 at 6:08 pm Reply
Mine may not last until the gift exchange they are intended for! So easy to just nibble “a few” until they are nibbled gone—
December 17, 2018 at 10:38 pm Reply
Made these last night and they were delicious! Did a combo of walnuts and almonds – the walnuts were done by 30 mins but almonds took about 45 mins.
December 9, 2018 at 10:05 pm Reply
These look amazing. Do you use raw or roasted nuts for this?
December 10, 2018 at 7:56 pm Reply
deb
I use toasted because I never buy raw nuts. But I don’t find “toasted” nuts from the store particularly roasted.
December 10, 2018 at 9:24 pm Reply
Has anyone used raw nuts? It’s all I buy and bought to make these! Hoping they still taste as good?!!
Thanks!
December 12, 2018 at 11:16 am Reply
I plan to use raw nuts and have for similar recipes. In fact, I buy raw and freeze them then roast or use for stuff like this. They just need a little more time, in my experience. You might try asking Deb on Instagram if you want to hear from her quickly. She’s great about answering.
December 12, 2018 at 12:28 pm Reply
I made 6lbs of these last weekend to give as gifts to my employees… very successful!! Or would have been if I had more cookie sheets :) I used hot paprika and they came out less spicy than I’d hoped so I sprinkled some black pepper into the later batches. Great recipe to gift!!
December 11, 2018 at 11:56 am Reply
These look delish! I want to make them for holiday gifts for coworkers. I have 8oz mason jars for packaging – any idea how many batches I would need to fill 10 jars?
Thanks!
December 11, 2018 at 3:26 pm Reply
deb
Not positive. You might have 4 cups of nuts per pounds but there are many variables, plus, with the candy coating, you’ll get more because it adds volume. But that might help you get started. Maybe they’ll hold 1.5 cups of nuts (pre-candying) each?
December 11, 2018 at 8:19 pm Reply
Thanks so much, Deb! I’ll comment after I make them and let you know. :)
December 12, 2018 at 2:20 pm Reply
UPDATE: I used a mix of walnuts, almonds, and pecans and once candied, I could fill six 8oz mason jars with just 1lb!
December 17, 2018 at 4:31 pm Reply
Easy Peasey, I must say. I used Chipotle chili powder, nice kick with some smoke. I also make David Liebowitz’s nuts and pretzel mix, delicious also. But this is easier…
December 12, 2018 at 7:51 pm Reply
In the past I have always boiled my nuts first. Is this not necessary? Thank you!
December 15, 2018 at 10:22 am Reply
Boiled? No, I can definitely say it’s not necessary.
December 15, 2018 at 10:35 pm Reply
deb
I, too, have never heard of this step. Do you do it to skin them?
December 16, 2018 at 11:58 am Reply
I’ve made these twice and they’re amazing. I’ve been trying to kick up the heat a bit, though. I’m up to 1/2 tsp cayenne and it’s still very subtle to my taste. Does the smoked paprika add more heat or just a smoky flavor? Any suggestions of how to get more heat or should I just keep adding more cayenne? The early, less spicy versions are still amazingly addictive and have quickly become a holiday tradition. Thank you!!
December 16, 2018 at 1:33 pm Reply
deb
Add more cayenne. Smoked paprika comes in sweet and hot, if you have the latter, you could add that instead. Cayenne and all red pepper ranges in intensity. My current cayenne can blow up a dish with heat with just 1/4 teaspoon. So, just to say, it’s not weird to have to adjust to what you have. Enjoy!
December 16, 2018 at 1:52 pm Reply
Awesome, I’m pretty confident it was my cayenne – I think it’s old. So I just ordered some good stuff that makes big claims about it’s heat from The Spice House and I’m excited to try it and get the sweet/spicy taste I’m looking for. Everything else about these is so perfect, it’s sure to become a tradition. I’ll report back!
December 18, 2018 at 6:07 pm Reply
You could also try another pepper, like habanero or jalapeno powder. Savory spice Shop or Penzey’s.
December 16, 2018 at 2:48 pm Reply
For those who’ve tried a savory version, dp you leave out the sugar completely? Any tips on quantities of garlic powder, etc?
December 16, 2018 at 2:51 pm Reply
It looks like there are almonds in the photos, but they’re not listed in the recipe ingredients. Did almonds not work in this recipe or is the omission just an oversight?
December 21, 2018 at 6:38 pm Reply
From experience, you can do almonds but they take a little longer to toast than walnuts or pecans so don’t do them together.
December 21, 2018 at 6:49 pm Reply
Thanks for the info. I made a batch of all almonds tonight. Fantastic. So fantastic that my teenage son ate most of them within an hour of them having come out of the oven.
December 21, 2018 at 11:50 pm Reply
deb
Almonds work fine; I just forgot to list them as an option.
December 22, 2018 at 3:18 pm Reply
Once I discovered this recipe, it was immediately added to my holiday gift giving list. Everyone loves these nuts! They are the first to be gobbled up at the parties.
January 18, 2019 at 7:27 am Reply
I have made this several times and find that if I add all the egg covered almonds to my sugar mixture, the sugar mixture gets all gooey. Is there another technique for this? The directions say “sprinkle” the mixture. Do you do this on the sheet? Thank you for this recipe. It’s always a hit during the holidays.
March 8, 2019 at 6:47 pm Reply
I made these nuts this winter (2019) and gave them as “just because” gifts. I’ve been getting hints to make them again, soon. Thank you!
June 28, 2019 at 11:37 am Reply
has anyone tried chocolate-dipping these, a la the sparkly candied chocolate nuts? that recipe can be such a pain on the candy side (especially in bulk batches), and most of the folks in my life would appreciate a spiced chocolate version. i’m thinking a mashup may be called for.
September 16, 2019 at 12:05 pm Reply
I like the way you think and I await reports of your progress. Yum!
September 16, 2019 at 12:18 pm Reply
Progress report: YES. this version is much easier than stirring the pot for 30+ minutes in the other recipe.
– i wanted more spice, so dial it up in 2020!
– BAKE LONGER! they got sticky sitting around and had to be re-baked before coating
– coat ASAP after baking to also avoid the stickying
January 2, 2020 at 3:28 pm Reply
OH, and i veganized them with OJ and aquafaba (probably why they were stickier and needed extra bake time!). could probably do less next time.
January 2, 2020 at 3:30 pm Reply
Hi! Can you elaborate on how you did this? Did you just replace the candy with the spice in the other recipe?
December 5, 2022 at 12:17 pm Reply
Made these several times-always a hit. How long will they last? Thinking of making them weekend before Thanksgiving.
November 23, 2019 at 10:59 am Reply
deb
They last for months in a cool, dry place.
November 24, 2019 at 2:03 pm Reply
Do you know how long these will store? I’m making as gifts and wonder how far in advance I can make them. Also, will a mason jar be a good way to keep them fresh? Thanks, enjoy your recipes!
November 28, 2019 at 9:57 am Reply
Well now I know what I’m bringing to every party for all eternity. I used a mix of pecans, walnuts and almonds and 1 1/2 t salt and everything is perfect. Also a touch of cayenne which even my young kids don’t mind!
December 4, 2019 at 9:12 pm Reply
I make double batches of these with pecans continuously through the holiday season. They are perfect. I typically use Aleppo pepper, which gives flavor without heat, but chipotle is also lovely.
For those with egg allergies, you can coat the nuts with milk before tossing in the sugar mixture. It is not quite as good, but it is better than not being able to eat them.
December 14, 2019 at 7:15 pm Reply
I’ve been making these for about 6 years now. I give them out during the holidays and everyone loves them—including me and my kids. They are such a hit. Just wanted to say thank you for this gift that I can gift.
Also, any suggestions if want to skip the egg yoke for vegan friends?
December 23, 2019 at 2:54 pm Reply
December 23, 2019 at 4:24 pm Reply
yep, aquafaba (i prefer white bean over chickpea) and/or orange juice. i did a bit of both and it was successful. someone else suggested the OJ — i did a page search for “egg” and found the suggestion
January 3, 2020 at 8:37 pm Reply
Just made three batches of this for New Year’s – walnuts, pecans, and almonds done separately for maximum toastedness. Now trying to keep my partner from eating them by the handful. I used Alderwood smoked salt for the extra 1/2 tsp she suggests. Otherwise, by the book. Past experience has taught me to let your nuts thaw if you store them in the freezer like I do. But, really, I came here to say “MAKE THESE!” cuz they are fantastic!
December 29, 2019 at 2:42 pm Reply
my sister-in-law gave me some of these last time i was at their place and i HAD to make them. my husband is a very picky eater but munches on these all day long! love the balance of flavors. thanks for the fantastic recipe!
January 3, 2020 at 8:01 pm Reply
I don’t have a scale…approximately how many cups is that pound of nuts {walnut or pecan halves)?
Thanks!
May 25, 2020 at 12:11 pm Reply
Can these nuts be made in advance and canned? I would like to make a large batch and give them for gifts at Christmas which is a while away still.
November 30, 2020 at 9:53 am Reply
deb
I am not sure about canning them — it’s just not my expertise — but they keep really well in airtight jars.
November 30, 2020 at 10:20 am Reply
I’ve been making something similar for years. Google “Bob Blumer’s Nuts” and you’ll get the recipe. Bob Blumer is a crazy cooking show host/cookbook writer from Canada. Bob’s recipe is sugar and cinnamon with a kick from cayenne pepper. Always a hit.
November 30, 2020 at 11:17 am Reply
I would like to try this with peanuts, how do you think that would be? I have a severe food allergy to tree nuts but can eat peanuts.
November 30, 2020 at 8:38 pm Reply
deb
It would be delicious.
December 2, 2020 at 12:24 pm Reply
If you want to make these vegan, is there a substitute for the egg white?
November 30, 2020 at 10:11 pm Reply
deb
I haven’t tested it but a few commenters on Instagram mentioned they use aquafaba here. It seems worth trying.
December 1, 2020 at 1:40 pm Reply
Thanks so much! I want to make them for a vegan friend who loves the spiced nuts from Trader Joes but they are expensive! I think a 5 oz bag is $5!
December 1, 2020 at 3:03 pm Reply
with the homemade baileys you gave us an idea of quantity the recipe produces for jarring/gifting/drinking. do you have a rough idea of the number of a certain ounce jar this recipe will yield? thanks if so!
December 4, 2020 at 9:18 am Reply
Maybe consider a second layer of parchment paper – mine melted onto the sheet pan along with the caramel.
December 5, 2020 at 10:52 am Reply
How long do these stay good? Should they be stored a certain way? Thanks!
December 5, 2020 at 4:30 pm Reply
deb
I keep them in jars at room temperature (or cool room temp). I found they kept for months, whether they were supposed to or not.
December 7, 2020 at 9:46 pm Reply
Hi there – I made these last night and they’re fantastic.
When they were cooling down on the rack, they were dry to the touch. I had hoped they would stay like this – but left them overnight and they’ve gone sticky and aren’t so easy to eat… Does anyone have any tips to remedy this ?
many thx !
December 21, 2020 at 8:58 am Reply
deb
Did you leave them uncovered or covered? Try rewarming them in the oven so they’re dry again and cooling them uncovered, on an open sheet or tray overnight.
December 21, 2020 at 2:13 pm Reply
I made these last weekend to be jarred and given as gifts- I tripled the recipe and good thing because my “quality control” taste testing made a sizable dent in what I had left to give away. Well received by all and yet another SK keeper.
December 24, 2020 at 2:00 pm Reply
I’ve made these so many times over the years and they always disappear so quickly. Everyone loves them! They make a great gift as well as a special “just because” snack. I have not found a nut this seasoning doesn’t work with- I’m allergic to pecans so I use almonds, hazelnuts, cashews- my husband gets all the pecans and walnuts. Thank you for this delicious recipe!
January 9, 2021 at 6:56 pm Reply
Made this today to hand out to family for a socially distanced Tu Bishvat! I used a mix of almonds, pecans, and walnuts. For the spice mix, I used light brown sugar (all I had), cinnamon, and a generous dash of hot paprika and smoked paprika each. After coming out of the oven I felt I wanted more of a salty-sweet balance so I sprinkled more salt on top, and the residual heat seemed to do the trick helping it stick. Bottom line – these are delicious.
January 27, 2021 at 6:49 am Reply
I have made this recipe twice, and it didn’t turn out either time. The nuts stay gluey and chewy, even when they’re baked for 10 minutes longer than the suggested cook time.
February 8, 2021 at 8:36 am Reply
deb
I wonder if they need even longer. They should eventually dry out and once cool, should be unsticky.
February 8, 2021 at 1:17 pm Reply
Hi guys – I’ve made them a couple of times now, initially having problems when they went sticky after being left to cool overnight uncovered.
I’ve since found that the best result is letting them cool for 30 mins or so until dry to the touch, then picking them off the baking paper and putting them in a jar whilst still slightly warm. This way they cool properly and remain dry.
February 8, 2021 at 1:36 pm Reply
What a nasty little comment, ew! And costco was just as good in 2008 as it is now honey
November 21, 2021 at 6:14 pm Reply
Once made how long do these keep (provided they aren’t devoured in one day)?
November 22, 2021 at 12:48 pm Reply
Just saw the answer in comments, whoops!
November 22, 2021 at 12:50 pm Reply
These look good. Did you use almonds and pecans?
December 3, 2021 at 6:48 pm Reply
Oh my goodness! I just made these for the first time to give as gifts to some of our neighbors and friends. I should have never taste tested them. I’m not sure there are going to be any left for giving. I am a big fan of the salty/sweet combo and these are spot on. I did increase the kosher salt to 1 1/2 teaspoons and used a pinch of cayenne and a scant 1/4 teaspoonof smoked paprika. I also used Tung Hing cinnamon, which has a bit of a kick. Perfect! Getting ready to run to the store to buy more ingredients
December 7, 2021 at 3:44 pm Reply
I halve the sugar when I make these. Otherwise they are much too sugary and sweet for me. No one has complained yet. Cheers!
December 17, 2021 at 6:29 pm Reply
Made a triple batch of this using a pound each of almonds, pecans and walnuts- so good, so easy and so well received. Toasted all of the nuts first and used smoked paprika, what I had on hand, which is nice but will search out hot smoked the next time I make this or up the amount – either way YUM!!!!
December 18, 2021 at 1:33 pm Reply
Wow, these are fantastic. I tripled the recipe to give as gifts, used pecans, walnuts, almonds and pretzel sticks.
I didn’t triple the sugar, it seemed like it would be too much, used 2/3 & 2/3.
Only had chipotle powder, used that with smoked paprika, added more salt like you suggested.
December 18, 2021 at 2:27 pm Reply
oh my gosh a home run!
December 18, 2021 at 9:54 pm Reply
I make sugared pecans every year as gift for teachers, coaches, neighbors…This recipe is very similar. Kinda wish they were even a bit spicier. I also baked them per my recipe, where they are roasted @ 250 degrees, for 4/5 -15 minute intervals. Stir them each time and bake until dull. I also cool them on tin foil. Glass jars would be very cute, but I make almost 20 pounds each year, so put them in cello bags with cute tags. Sam’s Club and Costo and the best buy.
December 19, 2021 at 3:19 pm Reply
December 20, 2021 at 1:53 am Reply
I looked and didnt see an answer to my question. Should the nuts be raw or already roasted?
December 22, 2021 at 7:52 pm Reply
Deb uses roasted nuts. I made this with raw nuts yesterday and it still turned out great – I just had to cook them for 20 minutes longer.
December 27, 2021 at 10:17 am Reply
This worked perfectly! I think I would definitely add a little more cayenne next time Moreover, I would play with the spices a little, maybe by using some chile powder or paprika, but I may save that for almonds. And I’m not the best at timing my cooking so that I have a use for the leftover egg yolks, but this time I was able to use them in a batch of ice cream!
December 29, 2021 at 8:18 pm Reply
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and said about their brothers when they're traveled through the land or went out to fight. What did they say, lo can or Indiana mama to warmer Cthulhu if they had been with us, they would not have died or have been killed. So all believers, you should not say such things. You see the Battle of boyhood, we learned that many Muslims were killed. Many Muslims were martyred about 70 of them. And some people said regarding them that had they not gone out with the Prophet sallallahu alayhi wasallam had been not participated in the battle, then they would not have been killed. And people like Abdullah bin obey the chief hypocrite, and he went out with the Prophet sallallahu alayhi wa
sallam but then he came back to Medina and 300 people returned to Medina with him. So some people said regarding the Muslims who had been martyred, that they would have been safe and sound at home, had they not gone with the Prophet sallallahu alayhi wa sallam. So this kind of thinking is being prohibited over here. Why? Because this kind of thinking is actually very dangerous. This kind of thinking does not befit a believer. In fact, it goes against the very beliefs of a Muslim. So it is said over here that all you will believe, do not be like those who disbelieve like those who don't believe. And they're the ones who say such things. They're the ones who who don't believe in
further. They're the ones who don't believe that everything happens by the will of Allah. So all believers don't imitate what others say. Don't. Don't just copy what others say. And say it without thinking, check does check yourself that do such statements even? Do such statements even aligned with your faith? Or do they contradict your faith? So the thing is that the time and place of death, for every person is decreed by Allah subhanaw taala it has been decided by Allah soprano tada and Allah is the one who causes death. Allah is the one who allows people to die. It is not a place It is not a disease. It is not an event that becomes the cause of someone's death. Yes, the disease can
00:04:53--> 00:05:00
be a means, but it can never be a cause because there are many people who become sick by the same disease but
They don't necessarily die because of that, the cause is who it is the will of Allah subhana wa Tada. So, do not say such things that if I had done this, if I had not done that, if they had done this, if they had not done that, then such and such would not have happened, they would not have died. Because these kinds of statements do not befit a believer. It is said ledger, Allah, Allah who gallica has certain fuchal obey Him. So Allah makes that misconception, a regret within their hearts. Any such such faults or beliefs are only a source of hustle for a person. They're only a source of regret for a person. And what is hustler hustler is regret over what has slipped one's
hands, meaning there's no way that one can retrieve it, there is no going back now. And if a person remains in the state of regret and sadness over what they have lost, then they will never find relief, they will always be in agony. It is imperative that we accept the decree of Allah and move forward with it. It doesn't mean that we have to, you know, not feel any sadness. No, of course we feel sadness. But hustla is that a person keeps thinking about the past. They're stuck in the past, that if only I had been there or if only they had not been there, then such and such would not have happened. So there is no going back. There's no reversing. So it is necessary that we accept the
decree of Allah. We say in Nadella he was in LA he Raji rune, we say, other Allah who this is the decree of Allah when I shot a foreign and whatever Allah wants, he does, meaning it is the will of Allah subhanaw taala that prevails and then we move forward. The Prophet sallallahu alayhi wa sallam said that be keen on what benefits you and seek help from Allah and do not give up and if anything afflicts you then do not say if I had done such and such, then such and such would not have happened. Do not say if why, because if opens the door to shaitan any This is something that welcomes shaitan rather you should say Allah has decreed and whatever he wills he does bother Allah
wa Masha Allah for Allah. This is what we should say, When love who you're here where you need Allah who be my Dharma Luna proceed, and it is Allah who gives life and causes death and Allah is seeing of what you do. So remember, that Allah is the one who causes life and death, we learned in certain work led holla call motor while higher, that Allah is the one who has created death, and he has also created life. So no person can die, except by the permission of Allah. Whether in hotel Tom feasable, Allah, and if you were killed in the way of Allah, O Mouton or you die, meaning in the way of Allah, then Lama Pharaoh to mean Allah He will Ramadan, Hiram, my edge, my own, then forgiveness
from Allah and mercy are better than whatever that they accumulate meaning forgiveness from Allah and Allah's mercy are better than everything in the world. So the people who were killed that are owed, remember that they died in the way of Allah, and death is something inevitable, sooner or later, not everyone is going to die, every person is going to die. And if a person dies in the way of Allah, then that is actually an honor, because it is the beginning of something that is much better. So we see over here the death in the way of Allah brings forgiveness and mercy. And that is better than everything in the world. Well, that emoto Aqua Tilton let Illallah heater Sharon, and
whether you die meaning a natural death or are killed, then unto Allah, you will be gathered. Again, death is something definite, there is absolutely no escape from it. So don't spend your life trying to run away from death obsessing over you know, somehow saving your life. This doesn't mean that a person should be careless. No a person should be careful. But being careful does not mean that a person doesn't do anything that a person just stays at home in life, you have to take risks. And so when you take those risks, when you're out in the way of Allah when you're out to do something good, and if you face you experience any kind of hardship along the way, then don't say things like if
only I had not gone out, if only I had not done this, no accept that as the decree of Allah. Then it is said Fabi mal rahmati min Allah He Ling tala home. So it is by mercy for
Allah or messenger of Allah sallallahu alayhi wa sallam that you were lenient with them. Allah subhanaw taala is praising the gentleness of the Prophet sallallahu alayhi wa sallam, his leniency towards the companions. Generally we associate gentleness with weakness, but it is not actually weakness. It is a source of strength, because gentleness, what it does is that it strengthens a group. And it is only when the hearts are together, when people are willing to accept one another, work with one another, that they will have strength. So, it is out of Allah subhanaw taala has mercy that you are lenient with them. So this shows us that if someone is lenient with you, someone is
00:10:47--> 00:11:35
gentle with you. That is Allah subhanaw taala has mercy on you. And if a person shows gentleness towards others, if a person is lenient with others, that is also Allah subhanaw taala has mercy on them. So the Prophet sallallahu alayhi wa sallam was indeed very gentle towards the companions. This doesn't mean that he didn't, you know, he didn't set any expectations for them. No, he did. But he was lenient with them in the sense that he didn't he was not always reprimanding them, and getting upset with them, and focusing on their mistakes and their errors, rather, his manner, his behavior with them, his language with them, not just his words, but even his body language, all of that was
very soft, and that is what what caused the companions to be attracted to the Prophet sallallahu alayhi wasallam and to listen to him, and to obey Him, because you see, if someone is constantly focusing on your faults, always correcting you always, you know, nagging you, Oh, you did this wrong, or you did that wrong, or this is not right, and that is not right. Then when you feel constantly policed, you want to run away from such people. The Prophet sallallahu alayhi wa sallam was very particular about the rules that Allah subhanaw taala had revealed, he was not someone to compromise on them, but his manner with the companions was very gentle Fabi mal rahmati min Allah,
He Lin tala home, and even when he corrected them, he corrected them in a very soft way in a very gentle way. The Prophet sallallahu alayhi wa sallam said that gentleness is not in anything, except that it makes it beautiful. It makes that that entire experience very beautiful. In another Hadees, we learned that no people have a house. We know people have a family, people who live in the same house are given gentleness, except that it will benefit them. And we think that we have to be ultra strict with our children in order to benefit them. And part of that strictness is that we're very harsh towards them, you know, always giving them that that firms stare and those rude remarks, you
know, keep them you know, you know, fearful so that they will respect you and then they will obey you. This is not the way because they will obey you in front of you, but then what will happen the moment they leave your presence. So, the Prophet sallallahu Urdu sedums teaching is what that no people of a house are given gentleness except that it will benefit them. And they are not deprived of it, except that it will harm them. When people are harsh towards each other, then this is something that is detrimental when spouses are harsh with each other. And this is something that was that that is very dangerous for the family. When parents and children they're harsh with each other.
When mother in law daughter in law, you know, any people when they are harsh with each other than this is something that is harmful for them. So we see over here the qualities of a model leader of a dari someone who is inviting people to Allah, that first and foremost they must be lenient and gentle. And remember that this gentleness towards others it comes from a place of deep concern, genuine care, that when you truly want good for others, when you have good for others in your heart, and you want the best for them, then you will be gentle with them. And Saratoga will learn about the Prophet sallallahu early he was alone, that la caja a camera solo man and forsaken, Aziz en la Hema
I need to learn that this messenger that has come to you, it is very difficult for him to see you suffer. And he doesn't. He doesn't like it when you experience hardship. Harrison Aleykum he's very eager for you, meaning he wants the best for you. Bill meaning or offer Rahim and with the believers. He says
Specially kind, compassionate merciful. This is how the Prophet sallallahu alayhi wa sallam was towards the companions. Then it is said, Well, I couldn't have fallen earlier. Well, Colby Lanford boom in Howe lake. And if you had been rude and harsh in heart, they would have disbanded from about you. So this shows us that a person who is harsh, yes, they're deprived of mercy. Because this is mentioned in contrast to the first statement, it is out of Allah's mercy, that you are gentle with them. And if you were harsh, rude, meaning you did not have that mercy, then the people would have dispersed from around you. So if a person is harsh towards others, it means that they have been
deprived of Allah's mercy. And this is something that we should cry to Allah subhanaw taala about beg him that he or Allah grant me, gentleness, Grant me softness, Grant me leniency and Farben hollywell, calm follow is someone who is harsh in their speech, meaning they're very rude in the words that they use, whether it is the manner that you know, the style of speaking, or the choice of words, all of that harsh, rude, mean, lovely, low carb, really low carb, meaning someone who is harsh in heart. So if a person is harsh and heart, it means that they have no compassion for others. So it means that their actions towards others will also be harsh. So follow is rude in speech, and
00:16:34--> 00:17:23
really low carb, this is what is reflected in a person's behavior in a person's actions. So what is mentioned over here, that if you are Prophet sallallahu, earlier sent him were rude and harsh, then people the companions would have disbanded from about you. So this shows us that rudeness makes a person lonely, because nobody wants to be around someone who is harsh. Nobody wants to put up with someone who is crew, meaning no matter how, no matter what your status is, no matter how important you may be, if you are harsh and rude, people will not put up with you, even your close loved ones will not put will not put up with you. Because you see, what is mentioned over here is that even the
companions would not put up with a rude Prophet, imagine people would not stick around a prophet who is rude. So what do you think? Will people stick around a mother who is rude, a father who is harsh, a sibling, a spouse, a neighbor, whoever, you know, a co worker, a boss, a teacher, any if we want to be with people, if we want to build good, healthy relationships, then it is necessary that we become gentle in our speech, and we become gentle in our behavior. instead of always blaming other people. We need to look at ourselves that how am I talking? How am I speaking? What kind of words Am I using? Is this even necessary to say, Is this even necessary to correct learn to overlook the
mistakes of people? Every single error does not have to be pointed out because people learn through experience. So well. Oh couldn't have fallen Honeywell called Langford bloomin Holic, if you were, you know, harsh, always insulting people, making them feel like they're nothing you know, being cruel towards them, then they would not put up with you, they would have left you. So the Prophet sallallahu early asylums, a HELOC, his behavior his manner was so beautiful. We learn in the Quran that we're in luck Allah Allah hollowpoint Aleem Allah subhanaw taala says that you are upon a great character, meaning his character was the best. In fact, we learned that he was sent to perfect good
character, his luck, the companion said that the Prophet sallallahu Arizonan was not faddish or modify harsh any vulgar, obscene rude mean, he was not like that. And the Prophet sallallahu are you sending was approachable? And even when he had to correct someone, he corrected them in the best way are Chateau de la Mourinho. And you she mentioned about how the Prophet sallallahu or Lucena would not, you know point people out by name. rather he would say, What is the matter with people that they are saying such and such or that they're doing such and such? Because when people are mentioned by name, and their mistake is mentioned, then they feel attacked, and then they don't want to, you
know, accept what you're telling them. And then we see that the Prophet sallallahu alayhi wa sallam was not someone who would beat others. I shall deal on Mourinho said the Prophet sallallahu arias
never hit anyone, not a woman, not a servant. This is how the Prophet sallallahu alayhi wa sallam was any, this is a HELOC, this is good character. And if a person dares to, you know, beat others, especially one spouse or servant, any what kind of luck is this, the Prophet sallallahu or do something was especially patient with people and he would never ask people that why did you not do such and such, and Why did you do such and such, and he was even merciful towards his enemies. Once the Prophet sallallahu alayhi wa sallam was requested that pray against the machete King and the Prophet sallallahu alayhi wa sallam said that I have not been sent as Laren and as someone who
invokes curses on people, rather I have been sent as a mercy to the people. So it is said far foreign home Western Villa home wash our we're home Phil, Allah soprano tada praises the gentleness the leniency of the Prophet sallallahu alayhi wa sallam, and then it is said so you should pardon them, meaning the companions and ask forgiveness for them and consult them in the matter. You see, the companions made a huge mistake at hurt and Allah zoa gela intercedes for them over here, that O Messenger of Allah, you should forgive them, you should overlook their mistake. And then you should also seek forgiveness for them from Allah subhanaw taala and this teaches us that you know, when you
see that, for example, a mother is upset with her children or that a person in a position of authority is upset, you know with others, the leader is upset, the boss is upset, you know, the husband is upset, then you should intercede over there, you should remind them to be gentle, you should ask them to overlook the mistake the to forgive. And then it aside over here for foreign home was still fella home, wash our we're home Phil
and consult them in the matter. Allah o'clock. You see when someone disappoints you, when they don't meet your expectations. You think of distancing yourself from them. But Allah subhanaw taala tells us messenger sallallahu Urdu, send them over here, that you should consult the companions. The Prophet sallallahu alayhi wa sallam had consulted them with regard to and it is as though that has been praised over here that yes, you consulted them. And that was good, even though the results were not favorable. But the process was right. So keep it up? Or shall we at home, Phil, continue to consult them in the future as well in regard to different matters? So we see over here that if the
Prophet salallahu, Urdu Southern was to consult the companions, then what do you think about the rest of us? It is not correct, to make decisions on one's own when the matter concerns many people. But remember, consultation isn't some matters, not all, and consultation is with those who are concerned. Not everyone, even Ambassador della horn, who recited this, as was, shall we at home feed barley, consult them in some matters. So who is it that is supposed to be consulted? It is the people who are directly related to the work those who have to do the work. So before making a decision, ask them, ask them for their suggestions, what are their preferences? How would they like
to do the work? You know, what is it that their experience says? What is it that they would like to do? And what is it that they would not like to do and if you don't consult them and if you make if you take matters in your own hand and you just decide and dictate as if you were a dictator. This is very unhealthy for a team, because then people do not want to work anymore. They feel that they're not being accepted. They're not being honored, they're not being appreciated within the team. So consultation takes you to a better decision. The Prophet sallallahu alayhi wa sallam was not a dictator. he consulted his companions regarding important matters. And we see several occasions
where the Prophet salallahu Urdu said I'm consulted the companions, even before the Battle of whether, when they had two options, you know, go towards the caravan, or meet the army, the Prophet sallallahu artesanal consulted the companions because they had to do the job. He didn't just decide and tell them. Then we see even with regard to the Prophet sallallahu earlier send them ask them, even when it comes to them, any how to call people to prayer, the Prophet sallallahu or loosing them consulted them. Then it is said for either resumed
The fatawa killer Allah Allah in Allahu hibben with our Killeen, then when you have decided then rely upon Allah. Indeed, Allah loves those who rely upon him for either or Zamka when you have decided, meaning be decisive. And who is it that has to be decisive the leader meeting when a group of people are working together, first of all, there should be clarity, who is the leader, who is the person who makes the final call. And that leader should be very clear to everybody, because someone has to take the lead. If everyone begins to think that they're the leader, then there's going to be chaos. So the leader must step up otherwise the team is going to be in chaos. And once the leader
makes the final call that okay, based on the consultation, this seems to be the best thing to do, then fatawa can be decisive and put your trust in Allah. Why do we become indecisive indecision comes from a fear of failing, and it's very natural to have that fear. But we must counter that fear by putting our trust in Allah. Because if we don't make that decision, you know, if we're not decisive, and we're always changing our mind, let's do this. Oh, no, no, no, let's do that. Instead. Let's do that. Instead, instead, we change our mind, then it becomes, you know, very foolish, it becomes the whole matter becomes very chaotic, and it becomes a scene so far either zonta fatawa
karnala. counter that fear by putting your trust in Allah and Allah loves those people who put their trust in Him. It is said he on sort of comala who follow Holly Bella calm, if Allah should aid you, no one can overcome you at all what he can, but if he should forsake you for manvel levy on soracom embody, then who is there that can aid you after him. It doesn't matter how solid your plan is, if Allah subhanaw taala does not aid you, then nothing of yours will suffice you. So the most important thing is that you seek help from Allah, you make sure that you're doing what will bring about the help of Allah, Allah Allah He finally at our Kelly me known and upon Allah, let the believers rely.
Because if Allah subhanaw taala intends to benefit a slave, then no one can harm him. And I had these we learned the Prophet sallallahu earlier set him said that you should know that if the entire nation were to gather together to benefit you, then they would not be able to benefit you, except with something that Allah subhanaw taala had already decreed for you. And if the entire nation were to gather together to harm you, then they would not be able to harm you with anything except that which Allah subhanaw taala had already decreed for you. So put your trust in Allah and make your matters and correct your matters with Allah. Wa can Alina be in a yellow hole, it is not
attributable to any Prophet, that he would act unfaithfully the Prophet sallallahu earlier said his character is being exonerated over here, that he is free from all types of deceit, and treachery. That it is not possible that a Prophet would commit Hulu and your hula and Hulu is to steal, it has to take secretly from war booty. And in terms of a profit, any rule would be to not convey what he is obligated to convey or to cheat in regard to the wealth that he has been entrusted with. But a prophet of Allah is free of such betrayal. It is incorrect to even think that a prophet of Allah would betray even our basketball de la Mourinho said that this IO was revealed in regard to a red
robe that went missing from the spoils of war. Some people said that the Messenger of Allah might have taken it. So Allah subhanaw taala reveal this verse, that How could you even think of the Prophet sallallahu earlier said I'm like that it is said Well, my Yahoo lol yet to be mahalaya Well, qiyamah and whoever betrays taking unlawfully will come with what he took on the Day of Resurrection. And if a person steals from public property, yes, other people might never find out about it in this life. Yes, this is a very secret, you know, behind the doors action, that secretly a person goes in and takes what is not theirs. But it is mentioned over here, that whoever commits
this kind of theft, this kind of treachery, they will have to bring that item or whatever
property they stole on the Day of Judgment. They can hide today, but on the Day of Judgment, that item that that property will be with them. So in this we learn from Angela Shea and OTB hayyan will qiyamah. Whoever will commit to treachery with regard to something meaning he steals it, then he will have to bring it on the Day of Judgment. in Hades. We're in a long heydays of Hollywood and it'll be a lot more under reported that the Prophet sallallahu alayhi wasallam, addressed the people. And he mentioned regarding Hulu, and he declared it to be a serious matter and a grave sin. He declared it to be a serious matter and a grave sin. You see, if people assume that maybe the
Prophet salallahu alaihe salam took that robe, then what is it that they were thinking that it's okay to do that? If the Prophet sallallahu? Or is it did it it's okay for us to do it. But no, the Prophet sallallahu already said I'm never did it. And don't even ever think that about him. And no one, no one can do Hulu, because if someone does it, they will have to bring that property on the Day of Judgment. So the Prophet sallallahu alayhi wa sallam was addressing the people. And he declared Hulu to be a serious matter of grave sin. And then he said that I should not find any of you coming to me on the Day of Judgment with a growlin camel on his back. And then he comes and asks
me begs me for help saying or messenger Billa help me and I will say I have no authority to help you. I already conveyed to you. And he this shows us that if a person has stolen something from public property in this life, then what's going to happen on the Day of Judgment, a person will come carrying that item on their back. So imagine a camel, if a person stole he will bring it on his back and that camel will not be quiet. It will be growling, yet TB mahala right that that property is going to make noise it's going to make it known that this person committed theft, the Prophet sallallahu earlier and then mentioned a sheep bleating sheep, he mentioned fluttering clothes, any
clothes even that will be fluttering and therefore making noise and attracting attention, you know basically making it known everywhere that this person committed theft. So we should be very careful. We should not treat public property as if it were our own, especially when it comes to the property of the Muslims. So for example, what is in the masjid, we cannot take whatever that we please. You know, this is not this is one of the worst forms of theft. Then it is said summer to our Falcon lunasin Makka Saba to whom la EULA moon, then will every soul be fully compensated for what it earned, and they will not be wronged. So a person who commits such kind of theft will be compensated
in full. We should make Toba to Allah, we should seek forgiveness from Allah because this is a huge sin, a huge sin. We learned that a good deeds of a person will be nullified because of a sin like this. Robin Hood Barbara de la hora. And who said that on the day of labor, a group of the companions of the Prophet sallallahu earlier sent him came and said that so until has been martyred. So and so has been martyred. And then the Prophet sallallahu alayhi wa sallam said regarding one man that no, I saw him in the fire because of a clock, a sheet of cloth that he stole from the war booty, Allahu Akbar. Even though this person was just killed in jihad, the Prophet sallallahu Urdu
Sam said I saw him in the fire. Why? Because of a piece of cloth that he stole. So stealing something from the property of the Muslims, even if it is something very tiny, like that, like a needle. In a hadith we learn about a needle that a person has stolen. And even that is a grave sin. It is something punishable. Then it is said FM Manitoba or the leeuwin Allah he come and bat a be so happy mean Allah, Allah wa Johanna webit, Salma Slade, so is one who pursues the pleasure of Allah, like one who brings upon himself the anger of Allah, and whose refuges hell, and wretched is the destination. You see the Muslims are hurt. When they went to a hurt, they went to pursue the
pleasure of Allah subhanaw taala and their enemies would come from Makkah, they came and returned with the Wrath of Allah. Even though on the surface on the surface, it seems that the people of Makkah had succeeded.
They, they, in reality had not succeeded, because they returned with the Wrath of Allah. So, on the surface, it seems like two people are doing the same action. Alright two people have come for the same cause or from the surface it seems like one has lost and the other has succeeded. But the reality is not how things appear, because enamel are Malou Binney yet actions are judged by intentions. And yes, there was a battle over here, but one group had come seeking the pleasure of Allah and another group had come earning the Wrath of Allah. So these two groups can never be the same. Those who seek the approval of Allah. Yes, sometimes they suffer along the way. And yes, it
may seem that they're not victorious, but learn to look past the surface. In our heads we learn that that a slave of Allah seeks the approval of Allah. Any slave of Allah is trying so hard to do different things to please Allah soprano Tada. And he continues to do that. until Allah subhanaw taala says, Did you believe that in deeds, that indeed such and such servant of mine is seeking my approval, you should know that my mercy is on him, Allah. We're in Iraq Mati rla, Allahu Akbar, we should be seeking the approval of Allah in whatever that we're doing. And at the same time, we should ask Allah subhanaw taala to protect us from his wrath to save us from doing things that bring
about his anger and disapproval. We should be making this Dora Allah oamaru the video Welcome in Sahaja Oh Allah I seek refuge in your approval against your anger will be more emphatic I'm in a robotic and I seek protection with the safety that you give from your punishment. What are all the becoming law or sleeth in our in our Lake enter come out with me darlin of sick and we should also pray Allah in the arrow the becoming zewail in aromatic what the hell will you alphabetic we're fauja it Nick medical Jimmy ERISA healthy video Allah protect me from the suddenness of your punishment, and all those things that bring about your disapproval, that that bring about your
wrath. You need your Allah protect me from all such behaviors and actions. It is said home the Roger Turner in the law. There are varying degrees in the sight of Allah. Allah who bill slid on be my arm alone and Allah is seeing of whatever that they do. And he these two groups of people have completely different ranks near Allah. They have very different outcomes in the hereafter. So don't think that they're the same. And don't think that the people of Macau have succeeded over here. Look at the Mandela who I mean, certainly did Allah confer great favor upon the believers, one of the biggest blessings of Allah upon the believers is what is Bharath a fee him Rasulullah Minh and
foresee him when he sent among them a messenger from themselves, a messenger from within them. And he a human being someone whom they recognized, whose past they knew whose language they understood, who was from their nation, their tribe, who was sincere to them, was one of them compassionate and kind towards them. This is a huge blessing. And what did this messenger do yet to lay him at? That he was reciting to them his verses were use a key him and purifying them while you are Lima when will Kitab al hikmah. and teaching them the book and the Wisdom Allahu Akbar, the Prophet sallallahu alayhi wa sallam was a blessing. How? Because of what he did, and what is it that he did, three
things are mentioned over here tilava does care and thirdly, to our meaning, he recited to the people, the verses of Allah, and he recited meaning the word so that the people heard the ayat and as they heard the verses of Allah, He their spirits were uplifted. They came to know of what they were ignorant of before their Eman increased, they understood meanings and you know of, of what Allah subhanaw taala revealed to them. What what Allah subhanaw taala sent to them, and it is only when they came to know what Allah subhanaw taala has sent, were they able to act upon it and follow those commands. So the Messenger of Allah sallallahu adios
And then he recited the verses of Allah to the people secondly use a key him he did does kiya does kirs to purify, to cleanse and the Prophet sallallahu alayhi wa sallam, cleanse the people, both physically and spiritually, physically, yes, the Prophet sallallahu Ordos, it taught us basic hygiene even Allahu Akbar, it he, one of the things the Prophet sallallahu, Alayhi Salaam taught us is that when we wake up from sleep, we should wash our hands before putting our hands, you know, in a in a container of water or something, because we don't know where the hand went. We don't know what's on the hand. So it's any this basic, basic other, the Prophet sallallahu or is it I'm taught
us even physical hygiene, right? And then this gear purification, this is not just physical but also spiritual. So the Prophet sallallahu artesan, purified his oma from Sheikh and he he clarified that this is schimke. This is associating partners with Allah, so leave it right, he purified us he purified the oma how, by by by teaching them what sins are so that they would leave those sins and what bad luck is what bad behavior is so that they would leave it right we have heard the story of you know, the young men who came to the Prophet sallallahu Urdu sent him asking him permission that please allow me to commit Zina and the Prophet sallallahu alayhi wa sallam. He didn't say how long
how long this? You know, how could you even say that the Prophet salallahu Urdu said a maid that young men understand how Zina is something evil, it is something dirty, it is not something worth doing. And so the man willingly left it, he willingly did not do it. in it. This is Ischia when someone is spiritually cleanse, so they have they no longer have any attraction for for sin. They willingly Leave it, and then the Prophet sallallahu early cinema also did Darlene and he, he taught the Quran he taught the book and he taught the wisdom. And what is hikma hikma literally is to put something where it belongs in the manner that is appropriate. And this is the Sunnah of the Prophet
sallallahu earlier Sunnah, because through his actions through his habits, he taught us what the best way of doing things is. So the Prophet sallallahu Sallam taught the Quran and he taught the wisdom. We're in can Omen, acaba Lula few banally mubin. And although they had been before it manifest error, meaning before the Prophet sallallahu alayhi wa sallam cave, people had no idea what the right path is, how to you know how to seek or, or what to do in order to please Allah subhanaw taala they had no idea and this idea, it shows us the importance of learning the Quran and Sunnah. The Prophet sallallahu wasallam didn't just do to our he didn't just recite the verses of Allah.
Notice he also did thoroughly he also taught the verses. So it is not enough for us to just learn how to recite the Quran, we must also learn the meaning of the Quran, we must also learn the teachings of the Prophet sallallahu alayhi wasallam because some people, their focus is just learn how to recite the Quran, you know, do your amin, you know, recite the whole Quran, throw a huge party and then move on. Right and then forget about the Quran for the rest of your life. This is not what the Prophet salallahu Urdu said I'm taught, he recited the verses and he also taught the book. And he didn't just teach the book he also taught the wisdom. So it is necessary for us that we learn
how to recite the Quran. And then we also learn the meanings of the Quran. And then we also learn the teachings of the Prophet sallallahu. Earning Sunnah the Hadees the sila, and along with that, any all of this learning should not just be for the sake of learning, it should be for the purpose of becoming better, this gear that that is the goal. We learn in a hadith the Prophet sallallahu alayhi wa sallam said, seeking knowledge is an obligation upon every Muslim. And when we generally think of this Hadees we think about you know, seek knowledge of math and English and science etc. Yes, okay, that's fine. But here what is meant by knowledge is religious knowledge, sacred
knowledge, the knowledge of the Quran and Sunnah. And we learn that my unity lab will be higher on you fucka hufa, Dean, whoever it is that Allah subhanaw taala wants good for then Allah subhanaw taala gives them the understanding of the religion and the understanding of the religion comes through what through knowledge, so
If a person learns the meaning of the Quran and the teachings of the Prophet sallallahu wasallam they develop understanding in the religion, this is Allah us favor upon them. And truly, this is better than you know the things of this world. When a person knows learns the Quran and Sunnah, then what happens? They receive many benefits in this life and in the next First of all, they get to live a real fulfilling life. In the Quran we learn in suitable and file i a 24. Allah subhanaw taala says yeah, are you Halina? amanu? Is the G Bula. He will never soul or you will believe respond to Allah and to the messenger. Meaning when Allah subhanaw taala commands you have something then do it and
how can we do it if we don't even know what the verses of the Quran mean? When the messenger sallallahu alayhi wa sallam commands you have something then do it. How can we do it if we don't even know what the prophet sallallahu alayhi wa sallam said and taught? So respond to Allah and the messenger Eva da come Lima, you hear come when he calls you to that which brings you life. So obeying Allah obeying the messenger, what is this this is a source of, of life, real life. Secondly, when a person
learns the Quran and Sunnah, then this is something that protects them from going astray. In sort of haha i 123 Allah says for ma Tiana community houda then when guidance comes to you from me, feminie tabara, who Daya whoever follows my guidance by now your little while is, then such a person will neither go was true, nor will they be wretched. So falaya lilu, they will not they will not go astray. But how can we follow the guidance of Allah if we don't even know it? And then thirdly, the knowledge of the Quran and Sunnah. This is a source of healing, healing for body and for the soul in circle israa at a loss Pandora says when Luna zillo mineral core Anima who has she felt Anwar
mottolino meaning and we have revealed of the Quran that which is a healing and a mercy for those who believe. So, this is a gift from Allah, the knowledge of the Quran and Sunnah. Let's not take it for granted. Let's Let's acquire it and benefit ourselves from it.
Then Allah, tada says, oh, Allah ma sorbet como se baton, a sub to myth lay her call to Anna Heather, why is it that when a single disaster struck you on the day of or hurt, although you had struck the enemy, with one twice as great, you said, from where is this, you see at the Battle of 17 Muslims were martyred. But before that invaded, they had caused a loss of double that number to the enemy, how the Muslims killed 70 of the enemy 70 which they came and took 70 of them as captives. So double that number. So when the Muslims suffered, what they suffered at their initial response was another that How come? We're supposed to be Muslims. We're in the way of Allah. we're striving in
the way of Allah. Allah has promised us his help. And we got the help of Allah and brother, we were victorious had brother. And here again we are with the Messenger of Allah. How can we didn't win? How can we suffered what we suffered? And isn't that what we generally think? When we have been praying for something, and it doesn't happen? When we have you know, been taking a treatment and the disease doesn't go away? We applied for a job. We applied for a program, we prayed as hard as ever. And then we received that rejection letter. And a lot of times our response is the same. How come? How come Allah didn't help me? Why am I suffering? So the answer is given over here, Paul, who am in
our in the unfussy calm, say it is from yourselves in the Lucha luckily Shay Anthony. Indeed, Allah is over all things competent, Allah is able to help you. Allah subhanaw taala can give you exactly what you want, he can give you exactly what you're wishing for. But the reason why you didn't get what you wanted is you yourself at the Muslims received the help of Allah, then what happened? they disobeyed the messenger sallallahu already you send them, they left the posts that were assigned that they were assigned to stay in. So he they were shown the consequences of their mistakes. And just like that, if we don't see the consequences of our shortcomings, our negligence
We would never introspect, we would never realize our errors. And if you know, and if we don't realize our errors if we don't recognize our weaknesses, how would we improve? So in the long run aqualisa, in Kadena, it's not that Allah is not able to help you, he's not able to give you what you want, no, he is able to, but he has shown you the consequences of your own errors, so that you learn well, my asaba comio, multiple jamara. And if a B in Illa. And what struck you on the day the two armies met, was by permission of Allah. So ultimately, whatever happened on that day, happened by the permission of Allah. And this is an important rule that we must remember that nothing happens
without the event of Allah. And that means that Nothing escapes Allah. Nothing is beyond his power. Everything is within, you know, his control. We learned in sort of the the harpoon ir 11 ma Saba, mostly, but in a lab in Illa, no disaster strikes except by the permission of Allah. And the question then is that why would Allah let something like that happen for multiple reasons, and some of them are listed over here. First, well, yarlung meaning that he might make evident the true believers, Allah subhanaw taala already knows the believers, but such situations reveal the status of your faith. The believers, the true believers really became known at the Battle of Earth, because
so many of them in 70 of them strove so hard, until their last breath, they defended the Prophet sallallahu alayhi wasallam, risking their lives, and at this time, the hypocrites also revealed their true colors. So it is said when the yarlung and levina naffaa coup, and that he might make evident those who are hypocrites, what cleaner la junta Alo Katya lofi sobre la he awaited 404 it was said to them come fight in the way of Allah or at least defend. You see, up until this point, it was trendy to be Muslim, it was the right thing to do, because the victory at Burger showed that Muslims were here to stay. So a lot of people after the Battle of budget superficially embraced
Islam, and they use their outer fake identity, to enjoy the benefits of being Muslims, but deep within, they actually harbored enmity for the Muslims and Islam. So that had to be exposed, so that the Muslims would not be deceived by such people, and the Battle of truly expose that how we learn that our beloved obey, initially he came along to participate in Ohio. But then he returned to Medina with 300 people, he did not fight the enemy, and he did not even defend the Muslims. So he was told, we learned that Abdullah Ibn hazm and he's he tried to stop or the law even obey that don't go stay, you know, party roofie Sabina lay away the pharaoh if you don't want to actively
participate in the battle, that at least defend how that at least stay here. Because then when you will stay here your numbers will be a source of defense for the Muslims. And if you know any backups are needed, then you will be there. So at least you would be defending the Muslims, but are the webinar they did not listen. And he offered an excuse. So what excuse was that Carlo lo narla more peterlin letter burner calm. They said if we had known there will be fighting we would have followed you. This was a big lie. It was very obvious that there was going to be a battle. And lunarlon of peterlin also means that if we knew how to fight, Kenny, this was a big lie. The people of Medina
had been waging war against one another. They were engaged in Civil War basically for decades. They knew how to fight. So this was a lie. He said, Oh, we don't know how to fight. And this this could also have been sent out of mockery, that if we knew this to be a war, then yes, we would come but this is not war. This is foolishness. Low narrowly mock Italian letter Varna con. It is at home, Lil kufri Yama, even Accra boomin homeless a man. They were nearer to disbelief that day, then to face on that day. They weren't closer to a man. No, they were actually closer to disbelief. And he the shoulders that faith he man is not something stagnant. Any increases in decreases on that day. The
faith of such people was closer to this belief than it was to actual real belief.
Your colonna bf ye him malaise, if you call ob him, saying what their mouth what was not in their hearts will love our lamb will be my Dr. Moon and Allah is most knowing of what they conceal. So you see the hypocrisy of the hypocrites was revealed at the Battle of earth when they abandoned the Muslims, the Prophet sallallahu alayhi wa sallam said that a Muslim is the brother of a Muslim, he does not oppressed him, he does not desert him, and he does not look down on him and he does not hand him over to his oppressor. Any Muslim does not abandon another Muslim and Muslim is there for other Muslims. But But these people, these fake Muslims, what happened at this time they abandon the
Muslims and not just before the battle afterwards Also, look at the kind of things that they said. And levena cannoli honey him were Corrado Lau Aruna, makuti Lu, those who set about their brothers while sitting at home. If they had obeyed us they would not have been killed. Look at their commentary. First, they didn't come to help. And then later on, they criticize those who sacrificed their lives, that there were so foolish to have gone with the Prophet sallallahu alayhi wa sallam that you know if they had come along with us their their lives would have been spared. This These are words of a coward. It is a confederate or an unfussy Kemal melter in quantum saw the team say
them prevent death from yourselves if you should be truthful. And you think that if you just stay at home you're never going to die. That's not true. Everyone is going to die or the love and obey eventually died in Medina. Right? Well, further or an unphysical melt? Are you able to avert death from yourselves? No, you aren't. There is no escape from death. So don't you know say such things? One other stubborn alladhina Kuti, roofie Sabina nahi on water and never think of those who have been killed in the cause of Allah as dead. But here on endora behaviours a code Hoon, rather they are alive with their Lord receiving provision. So they don't need your pity. They don't need such
commentary from you. You don't need to you know cry over them and say words of you know regret for them that had they've been with you, they would have been saved. No, you know what, they are in a much better place. They are given risk by Allah subhanaw taala and, and don't don't say that they are dead. Don't say that they're finished. They're actually living a different kind of life but are here on they are alive in the lobby him yours a cone. They're given provision by their Lord. there they're closer to Allah. The Prophet sallallahu alayhi wa sallam said that when your brothers were killed at the Battle of Allah subhanaw taala put their souls inside green birds, which go down to
the rivers of Paradise, eat its fruit, and Nestle in the chandelier is of gold in the shade of the throne, Allahu Akbar. Then when they experience the sweetness of their food, drink and rest, they asked, Who will tell our brothers about us that we are alive in paradise provided with provision in order that they might not be disinterested in striving in the way of Allah. Allah azza wa jal said, I shall tell them about you. So Allah subhanaw taala revealed these verses that those who have been killed in the way of Allah, they're in a much better place. You don't need to pity them. You don't need to feel sorry for them. And we also learn about Jeb it'll Dylan Warren, who he said that when
his father was killed on the day of or her later the Prophet sallallahu Urdu said I met him, meaning the Prophet sallallahu already sent him a jab, it'll de la Mourinho. And he asked him that or drabbit Why do I see you upset? Why do you look so brokenhearted? So jabil de la Mourinho replied that all messenger of Allah, my father has been martyred, and he has left behind dependence and that's so he said, shall I not give you the good news of that with which Allah met your father? So jabil della horn who said yes, or messenger of Allah, the Prophet sallallahu alayhi wa sallam said, Allah never spoke to anyone except from behind a screen, but he spoke to your father directly. And
Allah said, Oh, my slave, ask something from me and I shall give it to you. So he said, Oh, Lord, bring me back to life, so that I may be killed in your cause a second time. So Allah subhanaw taala said, I have already decreed that they will not return to life any This is a law. So he said, Oh, my lord then conveyed this news to those who might have left behind that let them know that I'm in a good place. So Allah subhanaw taala reveal these verses. Fatih hanaa Bhima Tao whom Allah whom in foggy rejoicing in what Allah
bestowed upon them of his bounty. Why is that Sharon a binladin alum el hecho be him there are so happy and then they receive good tidings about those after them who have not yet joined them. Allah how often are lay him Allah homier has known that there will be no fear concerning them. nor will they grieve. Yesterday Sharon have been here muddiman Allah He will phuddle they receive good tidings of favor from Allah and bounty, or anila holla you'll do agile meaning and of the fact that Allah does not allow the reward of believers to be lost two times it is mentioned here, yes, them Sharona, they're happy, they rejoice, they receive good news. First, for those whom they have left
behind, that they are doing good that they're on the right track. And second, they they rejoice over the blessings they received from Allah. So those who have gone are gone. And the question is, what are we doing? What path Are we on? You see, around the time of ohan soon after that 70 companions of the Prophet sallallahu alayhi wa sallam who were well versed in the Quran, or sent to certain tribes at their request, so that they will teach them the Quran. But those people actually betrayed the Muslims, what did they do this around these companions and killed them. And there were two incidents of this nature back to back. So this was like tragedy upon tragedy, and how these we learn that it
was revealed at this time that unbelievable kawana and cadoola cleaner a burner for the unknown what Alina I know, that all that please can convey to our people, that we have met our Lord and He is pleased with us. And he has made us pleased as well. So he, when someone dies, absolutely, we feel sad. Absolutely. We feel sad at that separation. But if someone has died in the way of Allah, they have had a good end, they died doing something good. And even if their life was short, a good end is actually a very good sign. We should be hopeful, because of their good end, we should pray to Allah subhanaw taala that he or Allah accept their good deeds from them and your Allah give them much
better than what they have left behind. So instead of feeling sorry for them, Worry about yourself that what path Are we on? What is it that we are doing? Because yes, their turn came before us. Our turn is also coming soon. And what have we prepared for our departure from this life and readiness the Jabu dilla he was suli member the man of Sabah, who will call those believers who responded to Allah and the messenger after injury had struck them. Lin Lavina are sent home in home with taco aduna Arlene, for those who did good among them and feared Allah is a great reward. We learned to nourish that when the mushrikeen went back towards mcha after they said to one another that you and
I are killed Muhammad Sallallahu already said I'm nor did you take any captives you What did you do? Let's go back. So when the Prophet sallallahu rzm heard this news that the mushrikeen are coming back, he he instructed the Muslims to get together and and and pursue the enemy any go after them. So when they reached him, Rob will acid and the machine found out that the Muslims are coming. They said you know what we'll meet next year. So then the Prophet sallallahu alayhi wa sallam returned to Medina. Now this was the day after. This was right after the Muslims had endured a very difficult day. They were wounded. They were tired. They were exhausted emotionally and physically. Still, when
they were told to go and pursue the enemy. They went. And levina Karla homeowner Sue in anassa, koderma Ola calm for showhome those to whom some people said and these were the hypocrites that indeed the people have gathered against you so fear them, that the machines are keen, they have gathered, they're coming back to fight you fear them. But in that state instead of fearing the enemy, what happened to them frazetta whom he manna but it merely increased them in faith? We'll call who has been Allah who unnormal were killed, and they said sufficient for us is Allah and he is the best Disposer of affairs. You see Shay plan what does he do shell con tries to create panic.
Because of that panic when we become fearful, we're not able to think clearly. When we're not able to think clearly, then our actions are also all over the place where we're not organized. And as a result, we don't get the desired results. When panic is being created, when people are, you know, spreading this atmosphere of fear that fall show home fear, you know, fear a believer should increase in his email and facade the home imana How do you increase in your Eman by knowing that you're not alone? By knowing that Allah subhanaw taala is there? What God who has been Allah who and Ehrman wiki by saying haspin Allah who an airman with Katie, this is the best thing to say in a time
of fear or or at a time when people are trying to threaten us and are trying to frighten us. This statement is very, very powerful. What does it mean has when Allah means sufficient for us as Allah, that Allah alone is enough for us? that yes, we don't have much in our hands. Yes, we have a huge challenge before us. But Allah alone is sufficient for us to protect us even if all odds are against us. Allah is all powerful. So he is enough for us. Nirmal workiva. He is the best Disposer of affairs. This is a way of praising Allah, that Allah is the best one to rely upon. He is excellent as the one who is trusted, because Allah knows everything. He is our luckily Shay and Cody is alcovy
He is our Z's. So why should I fear Hassan Allah who, when near Milwaukee, so when things get hard, we should we should increase saying Hassan Allah, Ibrahim Arneson, I'm said this when he was being thrown in the fire by his people, even in response to the gel, this is what we should say. The Prophet sallallahu rzm described the gel once and he said that the gel will say I am your God. So what should you say in response, luster of burner, lacking narrowband Allah? Allah Ito Cana, wha la Annapurna narrow the villa human shadrick. You see la dee da Cunha that, oh, you the gel are not our Lord Our Lord is Allah and on him we trust. So we should have to work call on Allah. And what is the
work called our call is to believe in Allah to depend on Allah with full confidence while expecting the best from Allah and doing whatever that is within your means. This is the worker. So the companions express their tawakkol on Allah by saying has been Allah when airman wikid because Joaquin is the one that you put your toe up call in. Right you put your trust in Allah subhanaw taala commands us to to put our trust in Him. This is the way of the believers will sir Listen, I'm set to his people that in control airman to belay far later Hito Kullu enquanto muslimeen that if you truly believe in Allah, then put your trust in Allah. If you are Muslims, instead of fearing the
potential harm, we should put our trust in Allah. And remember that Allah is enough for the one who relies on him. The Prophet sallallahu earning satnam he put his trust in Allah when that person came to him when the Prophet sallallahu origina was sleeping, and that person you know, he took the sword of the Prophet sallallahu Urdu sent him and said who's gonna save you from me? And the Prophet sallallahu earliest even said Allah mozzarella is Salaam, one at our own was behind him and the water was before him. And the bunny is slightly ill said in Ella mudra cone, we have been overtaken we're finished now. Will Sardis and I'm set color in the Mario Robbie sadeem no way with me is my
Lord, and He will guide me her job when she was being left in the middle of the desert with her baby and hardly any food. And Ibrahim Hassan was walking away. She asked him Is it Allah who instructed you to do this? And Ibrahim already said I'm said yes. So she said that Allah will never waste us. Meaning she put her trust in Allah. So when you put your trust in Allah, then what happens? What happened to the companions over here? fun color boo binaire motema Allah He will fuddle so they returned with favor from Allah and bounty lamium sesamum su no harm having touched them, what Tibet, Rudy learn Allah, and they pursued the pleasure of Allah. Allahu fuddling, Arlene and Eliza, is the
possessor of great bounty for rewards of tawakkol What are these four rewards First of all, they returned with nirma with a blessing and what was that blessing? victory? Because, you see at Ohio initially the enemy was retreating right and then they came back and then the Muslims had to retreat they had to take shelter in the in the crevices within mount or back
Then the following day, when the enemy was coming back to attack the Muslims who pursued them, it was the Muslims who returned, it was the enemy. So who won now, it was the Muslims. So nirma was what victory so hard was not actually a defeat. We just talk about the day of the Battle of a hug. But it's not just the day, we should also think about what happened the next day that Allah subhanaw taala converted their defeat into victory. So be near Metro Manila will follow and more favor. And this can refer to the reward that they got, because the 70 people who went along with the Prophet sallallahu alayhi wa sallam The day after or what can he imagine? They were exhausted, but still
they went. So imagine the reward that they got, because you see a greater test means a greater reward. And this fuddled, some have said that a caravan passed by and the Prophet sallallahu alayhi wasallam. You know, he, he engaged in trade with them, and they, the Muslims obtained huge profits. So the Muslims returned now with with more blessings, let me assume so the third benefit, that they were safe, that they suffered no harm Allah subhanaw taala protected them. And fourthly, the fourth benefit, they pursued the approval of Allah, they did something to please Allah in the medallic comerciais petanu. You heard before earlier who that is only shaitan, who frightens you of his
supporters, find out the harmful homophony in control movement in so fear them not, but fear me if you are indeed believers. So this shows us that the people who are trying to frighten the Muslims, they were actually acting on behalf of shaitan because it is shaitan, who frightens his supporters, and the shows is that a person who becomes afraid, because of the fear that Shetland casts into his heart, then such a person becomes a friend to shape on. So instead of fearing people, and succumbing to that fear, what should we do, we should increase our fear of Allah because the fear of Allah minimizes the fear of people. And if we give up out of the fear of people, we start disobeying the
law out of the fear of people that we are befriending shaylen when every other Billa Well, I presume colavita you Sadie aroona, Phil Cofer, and do not be grieved or Prophet sallallahu alayhi wa sallam by those who hasten into disbelief. You see, I mentioned to you earlier about how the people, you know, different people ask the Prophet sallallahu alayhi wa sallam for, you know, Muslims, who were well versed in their knowledge of the Quran, so that they could come and teach them. But then what did they do? They betrayed those Muslims, they killed them. And then after day, you know, the Muslims were, were, you know, being treated like this by by so many enemies, all of a sudden,
everyone was trying to harm the Muslims. So the people who are hastening into disbelief, any rushing in covered in opposition to the Prophet sallallahu alayhi wasallam rushing to harm the Muslims, their activities should not grieve you.
You should not grieve because of them. Why? Because in the home layer, rural lush shade, indeed they will never harm Allah at all. Why are they trying to harm you because of the religion of Allah? That is what they're opposing. They're trying to fight Allah, you think they're going to, they're going to manage to harm Allah never. You read Allahu Allah you're on a level one fil a hero. Allah intends that he should give them no share in the Hereafter, Willa whom are either one or leave and for them as a great punishment, a stuff that Allah it is people will only increase in their disbelief by such behaviors and what will happen they will have nothing in the hereafter no reward at all. In
alladhina Stata will call for a bill Imani Laney Allura Lucha chez wala whom are either born early indeed those who purchase disbelief in exchange for faith. Never will they harm Allah at all. And for them as a painful punishment, so do not be saddened by their apparent success. They're not being successful, they're only going further in their misguidance and harm while I serve under ladina cafaro under my name Lila hydralie unfussy him for the Muslims should not grieve over this. And on the other hand, and let not those a disbelief ever think that because we extend their time of enjoyment, it is better for them that okay, they they gain something today, or they apparently
succeeded at something today. They think it's good for them. No, no, in reality, it is not good for them in the manam Lila homely as Dudu Esma
Hello whom are double maheen we only extended for them so that they may increase in sin, and for them is a humiliating punishment
mercan Allah hooghly other meaning our allameh unto my lay, Allah would not leave the believers in that state you are in meaning presently hepta yummies Allah hobby Femina until he separates the evil from the good. So why is it that the Muslims are experiencing hardship upon hardship test upon test any every other year, there's something that puts believers to a huge test. If you look at the Sierra, if you look at the life of the Prophet sallallahu earlier sent him you see this, it's as if there is no break. So why had the yummies hobby Femina a year? until Allah separates the evil from the good? What can Allah Julio polara come either live? Nor would Allah reveal to you the unseen
alone already knows the reality of each person, but unless peloton is not going to tell you about the unseen matters that oh, this person's a believer, this person's a hypocrite this person's weak. You know, that this person has weak faith this person has strong faith. No, this is lame. Well, I can the lie edge the bema rules to the Hema inertia, it is the experiences that will show you that will reveal your reality to you. And instead Allah chooses of his messengers whom He wills and it is to those messengers that Allah discloses some of the unseen firmino Billa he will also he so believe in Allah and His messengers were in took me know what the taco fella can adjourn earlier. And if you
believe in fear Him, then for you is a great reward. So if you believe and fear Allah, you will have a great reward and this is what we need to do. So, we see over here the trials expose a person's reality, without trials without without tests, the reality of a person cannot be known. So we should not resent the trials we should ask Allah subhanaw taala for safety and well being but remember that if Allah subhanaw taala has tested a people a person than it is for a reason and that is to make us better still let us learn from these tests and and improve ourselves in every way possible. inshallah, we will conclude over here, tomorrow is going to be the last class of sort of earlier
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Priced at 9 bucks till midnight on Monday so make sure that to reap the benefits of getting these 20 25 and 35 picks for under 9 earlier than the clock strikes twelve they usually return to common worth welcome into the NFL opening line report week 5 within the NFL we’re getting you.
On the correct facet of a few of these strikes I’m Drew Martin alongside Teddy covers prepared to interrupt it down on Monday Teddy my co-host right here at Teddy underscore covers on Twitter wager speak at sportsmemo.com Teddy welcome in the way you feeling properly I am feeling okay Drew I had a a tough Saturday and I had my worst week.
Of the NFL season the place we cut up out within the NFL however we gained week one we gained week two we gained week three week 4 was a cut up frankly I will take it if that is gonna be my dangerous week I will take care of splitting out it is okay however it wasn’t a fantastic weekend sadly uh for the shoppers we like to come back in on Monday All Fired Up off an enormous weekend and this.
Wasn’t that weekend so nonetheless uh we’re nonetheless uh proper good and I feel it is twelve and 5 within the NFL since week one so we’re working nonetheless fairly good within the Nationwide Soccer League let’s have a look at if we are able to put you guys on the correct facet of a few of these line films we do have a few emergency betting alerts.
I count on to be reside because the present progresses so stick round we’ll undergo each sport on the board proper now opening line report South First we’re gonna hit the Monday nighter actual fast right here Teddy Rams 49ers 42 and a half being the entire San Francisco taking a bit cash uh what open one now minus.
Two at most outlets wanting on the wager speak reside on display any fast ideas on tonight’s Monday Evening Soccer sport so that is clearly a pointy Sq. divide sport the professionals are taking San Francisco the Joe’s are taking La Plus yesterday was an enormous Joe day for the books the general public sides principally all one was the primary shedding Sunday of the 12 months.
For many sports activities books each right here in Nevada and throughout the nation um and basically after the general public cleans up on Sunday I do not know that I need to be on the general public facet on Monday night time for what it is price and that’s the Rams plus and the general public canine uh nonetheless so uh two groups which have struggled early on I do not anticipate.
Any important line transfer between now and kickoff I feel it’s going to hover at lower than a area objective earlier than San Francisco however it’s clear that the professionals are on the 49ers the Joe’s on the opposite facet Thursday night time opening line report model Indianapolis Colts on the Denver Broncos eight 15 Jap 5 15 Pacific kick right here guys 301 302 the Rotation Numbers 44 being.
The entire minus three and a half there’s a minus three minus 120 on the market however uh principally three within the hooks right here that is the Broncos at dwelling what are we pondering opening line report model a mile excessive Teddy yeah typically I get shocked by the best way a line strikes off the opener that is one and I’m wondering if it is a false transfer.
Um open two and a half or sorry the look headline final week once more bettable line from the Westgate Superbook right here in Las Vegas uh final week earlier than the video games had been performed with Denver two and a half 43. my powering quantity for the Broncos is three and a half it opened three and a half and 43 and a half and there have been 43s this morning now we’re seeing 44s I.
Do not perceive why this cash’s approaching the over these are two dangerous offensive groups I imply Matt Ryan acquired destroyed yesterday you already know the working sport for Indy did not work you already know they they uh uh Jonathan Taylor 42 yards on 20 carries uh and he was hit within the backfield a play after play after play indie’s offensive line is damaged.
Proper now and naturally Frank Wright’s making an attempt to maintain the uh a optimistic spirit we really feel like we’re seeing some issues we need to see however in the long run we have to play higher we have to execute higher we have to cease turning the ball over whenever you begin getting turns we have to run the soccer a bit bit higher yeah yeah yeah lots of stuff you want uh.
Proper and naturally all types of rumors about ursi the proprietor in Indy getting impatient and annoyed with the beginning for this group uh is perhaps put up or shut up time uh 4 proper however in fact Indy’s protection has been nice um yesterday not a lot towards Tennessee however it’s not like Denver’s.
Offense is doing something I imply you already know the Brock is essentially the most penalized group within the NFL by means of three video games uh after which that they had one other seven yesterday Melvin Gordon misplaced one other fumble they cannot put them again within the lineup proper now he stated 4 fumbles in 4 video games and yesterday he stated he had a fumble six it was most likely the most important.
Play of the sport uh Denver had good area place time and again because the Raiders could not reap the benefits of it they scored solely as soon as on six drives within the second half you already know Russell Wilson uh you already know actually tough stretches in that ball sport um these aren’t two offenses which can be clicking.
These are two offenses which can be struggling in each manner proper now each defenses are higher than each offenses I am shocked this complete’s been met up I’m wondering if it is a false transfer because the markets look ahead to the large limits to uh come up as a result of typically betters will throw in false bets extra so in faculty soccer within the NBA however that they had false.
Bets as a result of they’re making an attempt to get to no matter level unfold they are going to hammer again the opposite manner um I am shocked by the over cash right here I am unable to I am unable to anticipate that the 44s are gonna maintain Thursday night time or into Sunday slate right here guys NFL week 5 Sunday October ninth full day of video games once more as we’re heading to.
Uh the sport in London on the opposite facet of the pond right here Teddy 451-452 9 30 a.m Jap 6 30 a.m Pacific kick New York Giants Inexperienced Bay Packers Inexperienced Bay listed as the house group however guys that is at Tottenham Hotspur Stadium uh they’re in England minus eight what we’re seeing the Packers 41 and a half being the entire at most sports activities books Teddy what.
Are we expect in uh within the London sport Giants and Packers so that is the trendy NFL betting Market 5 years in the past there isn’t any line for this sport as a result of we do not know if Daniel Jones goes to play or not we do not know if it is backup Tyrod Taylor is gonna play it Taylor got here in acquired damage after Jones acquired damage after which.
Uh I feel he lasted a collection or two acquired concussed out the ball sport after which Jones got here again in however they would not have him throw he simply handed the ball off uh down the stretch of that ballgame I do not know if both man’s gonna play the third Stringer is Davis Webb and I put three powering numbers for the Giants Every of which is 2 factors off.
The opposite one I’ve a two level differential between Jones and Taylor the markets will not have as large a differential all proper Taylor can not throw the ball downfield I feel there is a legit distinction between the 2 QBs and Webb clearly as a 3rd Stringer uh I made a two-point further adjustment ought to.
He play right here so my powering quantity for the sport is six and a half slash eight and a half slash ten and a half the look headline with seven the betting markets final night time on the open had been seven and a half slash eight and right this moment we’re seeing just about eights on the market throughout the board look the Giants passing sport is damaged it would not matter.
Who’s a quarterback proper now they can not throw the soccer in any respect Kenny the vacation you already know cashless yesterday you are left with a knee harm they acquired cluster accidents all around the receiving core they will run the soccer they will play protection however there are undoubtedly points with the.
Passing sport and boy the harm report after yesterday sport was ugly Julian love acquired damage and Neil acquired damage Henry Mondo acquired damage vacation acquired damage late Aaron Robinson acquired damage um this can be a banged up soccer group in London in fact you already know the Packers coming off a non-inspiring offensive a defensive present and I ought to say uh.
Patriots with 4 consecutive scoring drive after halftime regardless of taking part in with their third string rookie quarterback they usually ran for greater than 5 yards per carry towards this Inexperienced Bay protection uh and Rogers you already know had an terrible first half Four-11 for 44 yards an 11.2 passer score whoa I settled in and normally haven’t got two horrible halves.
So I sort of returned to the shape I count on for myself we began transferring to soccer I have been a fantastic participant for a very long time not an entire lot I want to inform myself simply play higher in fact Belichick sort of agreed with that quote in the long run Roger is simply too good he made some throws that solely he could make I do not anticipate a ton of.
Giants cash right here uh if something we’re extra prone to see Packers cash despite the fact that Inexperienced Bay coming off the non-cover and the Giants coming off the quilt we’re not seeing any early indicators that we’ll see lots of motion on this one good begin right here teddy as we head to the one o’clock Jap slate 10 a.m.
Pacific 453-454 Seattle Seahawks New Orleans Saints 45 being the entire some 45 within the hooks on the market however the consensus quantity 45 as the entire minus 5 and a half that is the New Orleans Saints at dwelling once more some quarterback questions right here for the New Orleans facet of issues we have seen Seattle really get some first rate quarterback play from.
Geno Smith there Teddy minus 5 in a hook at most outlets that is the Saints at dwelling what are we pondering in The Large Straightforward look forward line Saints minus six and a half wager down to 6 so the early cash did come on Seattle there complete 40 and a half my powering quantity’s shorter it is solely three and a half on this ball sport.
We’re taking a look at 4 and a halfs and fives final night time we’re taking a look at fours very first thing this morning after which growth the mark of the shot up uh two 5 and a half which tells us that the markets count on Jameis Winston to play on this ball sport I am not satisfied that the case they’ve misplaced three in a row now.
There’s been penalties and turnover you already know uh Dennis Allen we nonetheless must discover a method to exit and never damage ourselves with penalties and turnovers that is acquired to vary I imply their particular groups had been dangerous yesterday they fumbled a punt Andy Dalton acquired strip sacked on the finish of the primary half um and naturally the accidents are.
Important oh Kamara I do know Michael Thomas um Winston was inactive yesterday and these are going to be ongoing points it isn’t like Dennis Allen has a fantastic observe document as a head coach in his earlier occasion it isn’t like there wasn’t some expectation that New Orleans had been going to take a step again this 12 months.
This group’s struggling proper now and also you talked about Geno that was the very best sport I’ve ever seen Gino play yesterday bar none the Lions went over their group complete by 18 factors and by no means sniffed a canopy which tells us how good Seattle’s offense was the offense and bear in mind that is an offense that did not rating a.
Level for six quarters they hung 48 yesterday they usually couldn’t be stopped I imply Smith was sensible Rashad Penny was sensible they had been 9 of 12 on third Downs they common eight.eight yards per play defensively nonetheless Seattle has all types of points and that is why most likely this line is the place it’s once more the lions.
Received the 45 yesterday although they had been lacking all of their greatest ability Imaginative and prescient expertise and half of their offensive line it is concern for Seattle protection facet of the soccer proper now that is an over group even with Geno behind Middle as a result of Gino’s chucking the soccer round in a manner that he wasn’t doing earlier season and the.
Saints proper no longer a group uncomfortable laying factors I’d count on the general public will likely be on Seattle on this sport The Sensible Guys will likely be on New Orleans that is going to be a pointy Sq. divide let’s head to the AFC South up subsequent Houston Texans uh Jacksonville Jaguars right here Teddy 4 5 5 4 5 six.
The rotation quantity Jags minus seven lots of outlets displaying that minus 120 even some with the minus seven and a half right here that is Jacksonville is the house favourite 44 and a half being the entire Texans at Jags right here Teddy look headline Jacksonville -7 and 43 that that did get wager down there have been some books that acquired wager down.
To Jacksonville minus six and a half off that opener of seven on the look forward my powering quantity is Jags minus six and a half within the markets are sitting fairly clearly at seven this morning I am not seeing any dramatic occasion that you just acquired to run to the window and get the seven uh I am not satisfied it is going to go up though it may.
I increase my energy score off Jacksonville yesterday I do know they misplaced the sport I did not you already know go nuts on the Jags however that was a take a look at towards an elite group and the Jacks misplaced the sport they did not fail the take a look at you already know they turned the ball over 5 occasions after many only one turnover the primary three weeks of the season and the 5 takeaways resulted.
In 22 factors uh for the Eagles you already know Trevor Lawrence was a reigning AFC uh participant of the week and had his worst sport of the season he misplaced 4 fumbles he tossed an interception however the offensive line created holes towards a robust Philly entrance Lawrence had time to throw and he did it with out say Jones their primary receiver within the lineup.
This can be a optimistic factor for the Jags once more despite the fact that they misplaced they stood toe-to-toe with a top quality group for prolonged stretches in that ball sport and that to me is an influence rankings increase out of Energy Rangers equine that is the place the Texans look that is nonetheless uh you already know the winless uh they have been uh struggling mightily down the stretch of.
These video games you already know they got here in and outscored 30 to nothing within the fourth quarter uh and eventually acquired a bit one thing going uh and the protection is falling aside you already know first they could not cease the run the one week then final week they could not cease the go they went up 57 factors during the last uh two video games.
And in case your run protection is not working in your previous protection is not working it is a onerous theme for me to ask you to simply hold round at this level it is Houston once more they’re quantity 32 in my energy rankings and proper now you already know they only proceed to sink when the offense is not working and the protection is not working I prefer it Teddy.
Like that quote man Pittsburgh and Baltimore up subsequent or Pittsburgh and buffalo excuse me the payments minus two touchdowns right here minus 14 at dwelling in Buffalo 47 being the entire Steelers at payments right here Teddy yeah we’ve not heard who’s going to be the Pittsburgh Steelers beginning quarterback this week we do know that.
Steelers have a bunch of accidents within the secondary Mika Fitzpatrick acquired damage Terrell Edmonds acquired damage kill a Witherspoon acquired damage that is a minimum of a part of why Zach Wilson had such an enormous fourth quarter towards his Pittsburgh protection yesterday as a result of the Steelers protection was all banged up look forward line Buffalo minus 13 47 and a half my.
Energy quantity is simply 12. as a result of I hold downgrading the payments as a result of their harm report is ugly and ugly and ugly I will speak about that in a minute open 1447 nonetheless sitting 1447 this Line’s not doing something uh proper now I am not uh satisfied that it’s going to so Pittsburgh has the accidents within the secondary this can be a main uh concern in addition they did the.
Quarterback change in sport yesterday and Kenny Pickett will get picket credit score um he solely three or three in full passes however sadly for Pittsburgh none of them hit the bottom they had been all three interceptions and with the distinction uh within the ball sport pickets quote after the sport I simply performed with an edge that is one thing I need to convey.
To the desk I don’t prefer to lose this isn’t a great feeling and Pittsburgh’s protection was nice uh for a lot of the sport towards the Jets till uh you already know the the secondary acquired her late and issues sort of acquired ugly for Buffalo look we’re gonna give him credit score for uh you already know rallying again from a 17-point deficit we’re gonna give them credit score for.
Ending their streak of seven consecutive losses in a single rating video games and all their wins come and blow out uh trend all their losses uh coming tight contests and that ended yesterday um however there are some fairly large points from the harm standpoint in Buffalo proper now.
They’re off the flying is not taking part in significantly properly they are not working the soccer they have accidents at working again and receiver they have accidents within the secondary it isn’t a group proper now that is essentially simple uh to uh I am not a group that is essentially simple to uh lay two touchdowns with uh.
Particularly off the 2 video games they only performed in Miami and Baltimore are each intense all the way down to the ultimate second bodily ball video games I do not love this spot or Buffalo I do fear a couple of rookie quarterback towards this protection Teddy subsequent sport up we acquired 4 5 9 4 six zero Atlanta Falcons Tampa Bay.
Buccaneers in fact uh we’re seeing the Falcons catching eight right here they’re having to go on the highway to Tampa 48 being the entire in fact Tamp off of uh the sport simply final night time and we acquired the Falcons right here Teddy Four-Zero towards the unfold catching eight factors I do not know this quantity’s leaping out at me man I am wanting in the direction of the soiled birds what.
Are you pondering right here uh in Tampa Bay certain the one Four-Zero ATS group within the league and admittedly they have not performed the hardest schedule New Orleans the Rams Seattle and Cleveland uh however the Rams sport and the Rams sport is considerably deceptive they acquired blown out in that sport after which got here again and made issues attention-grabbing uh however back-to-back wins for.
Atlanta they did yesterday although Mariota wasn’t good uh look headline right here Tampa eight and a half and 47. my powering quantity is simply six and a half uh for the video games I sustain in Atlanta uh you already know I’ve I have been impressed with the Falcons uh in fact open eight and a half final night time now we’re seeing uh this.
Morning principally eighths and even a outstanding seven and a half on the market so there was a bit little bit of Falcons cash the Sensible Guys have seen what I’ve seen with this Atlanta group has gained that is being manner higher than anticipated and look there are all these questions oh properly if Cornell Patterson’s damage uh as a result of the.
Operating sport labored I ran for 200 yards once more yesterday towards Cleveland he is acquired a reasonably good run protection um you already know whether or not it is Caleb Hundley or the rookie Tyler uh algier you already know Avery Williams um this can be a group that went seven and two in a single possession video games final 12 months we stated oh they acquired fortunate they gained all.
These fraudulent video games they’re profitable once more the one rating video games you already know we like Arthur Smith this can be a good group um Tampa actually bizarre sport plan towards Kansas Metropolis I imply they deserted the run proper from the gecko that they had six carries final night time and I perceive they turned the ball over deep of their.
Territory they usually had been behind her as they fall early when it got here to the rating and Brady would not lose an entire lot of video games and Brady would not lose the entire video games orders group scores within the 30s however you do not need Brady dropping again 50 occasions and working the ball six it is a bizarre sport plan for Tampa.
Um I would not be shocked if we see some Falcons cash right here there’s some betters being attentive to what Atlanta has been doing though it’s a fairly large step up at school and they’re getting Tampa most likely in an ornery temper off a poorly performed defensive loss that is the NFL opening line report every Monday proper right here on the wager.
Speak YouTube channel 10 a.m Pacific begin time I am Drew Martin joined by Teddy covers breaking it down getting you on the correct facet of a few of these line strikes each side and complete within the NFL large shout out to the chat field all people becoming a member of us reside be at liberty to chime in Abby Jackson in the home Riley B uh letting us know who you are liking.
Right here we acquired Raven Ron he is like in Tampa Bay hey ex-cal he is like in uh Atlanta plus eight so some opinion on each side right here as we transfer down the record guys about midway by means of the one o’clock Jap kicks right here subsequent sport up 4 six one 4 six two Chicago Bears Minnesota Vikings we’re seeing the Vikings minus seven dwelling favorites right here Teddy there’s.
A six and a half on the market 44 being the entire bears at Viking research yeah Minnesota open look headline with six and a half complete of 43. that look forward line uh you already know once more I am getting the opener from the west gate after which I do a re-examination when a number of books have them posted simply to see if there’s any line strikes on it and there have been some.
Books that moved to Minnesota minus seven so the Vikings did take some early cash my poverty quantity is Minnesota seven and a half and the market is sitting proper at seven uh this morning complete of 44 not doing something uh proper now taking a look at that wager speak a reside on display so the whole lot’s been six and a half seven and a half an hour sitting at.
Seven uh which isn’t any shock the Bears have not lots of landing within the second half of any sport in 2022 their protection have been okay uh however the offense has it you already know uh the improper ratio for Justin Fields once more 11 completions six sacks in yesterday’s loss uh to the Giants and you already know first 12 months head coach Maddie reflux quote when the opposite group scores.
Touchdowns did we kick area objectives sometimes that is not good we acquired to verify we deal with that by way of our scoring effectivity on offense within the Pink Zone flip a few of these threes into sevens that is going to be large going ahead however this can be a passing sport that basically is not working proper now in any respect and whenever you’re one-dimensional.
You realize it is a a lot simpler offense to cease Minnesota has a unbroken drawback within the pink zone as properly you already know they went to a 5 within the Pink Zone uh yesterday that is why in the event you wager the Vikings late you did not cowl uh the quantity in that win uh however the saints went three and three.
Within the Pink Zone towards this protection which is a priority you already know um Minnesota is just not essentially benefiting from all their scoring possibilities they’ve had their share of points they are not a group I am enthusiastic about laying a landing with I do not see this line transferring an entire lot it isn’t a sport.
I count on to wager honest sufficient Teddy we acquired one other one o’clock Jap kick right here Tennessee at Washington Titans minus two and a half Level Street favorites 42 and a half being the entire heading to our nation’s capital right here Teddy uh Titans on the former soccer group now the Commanders yeah and it is time for right this moment’s first.
Emergency betting alert dude look forward line right here was the Commander’s choose em there have been some ones on the market and that cash got here for Tennessee on the look forward line a complete of 42 and a half my powering quantity got here 4 and a half for this ball sport line opened two and a.
Half 40 two and a half it seems prefer it’s transferring to 3 there’s nonetheless principally two and a half’s on the market however in the event you like Tennessee get the very best of the quantity all proper I’d encourage you once more in the event you just like the time the time to wager it’s no longer on Sunday earlier than kickoff and look the Titans group has scored on their opening.
Drive 4 touchdowns and 4 opening drives they had been getting good begins to ball video games the offenses work back-to-back weeks the places of work work you already know Tana Hills look good his first 5 completions uh to 5 completely different receivers a few touchdowns Derrick Henry wanting like a Monster once more uh you already know the Colts had allowed a league.
Greatest 2.6 yards per carry the Derrick Henry gashed him 5.2 yesterday 114 yards on the bottom now Tennessee’s had their issues within the second half they have been outscored 64-7 within the second half uh this season possibly you need to take them first half uh right here together with 17-Zero towards the Colts uh however they discovered a method to win it they had been plus three in.
Turnovers and Mike for ready that is what you must do discover methods to win we got here up with some large stops defensively or possibly we’re not at our greatest they hold preventing and competing however the Market’s about to crash on Washington they’re crashing as we that is why emergency betting alerts you already know I imply the wince is terrible there isn’t any sugar coating it you.
Know they acquired a great punting sport uh however you already know that they had solely 12 penalties the primary three video games after which they matched near match now yesterday the penalties worn out a few interceptions this can be a dangerous soccer group okay the typical Three.6 yards per go uh on Sunday uh Wentz is struggling um the protection is having their points.
There’s loads of ability Imaginative and prescient expertise for Washington however uh they are not getting the job performed within the trenches you already know they’re saying the correct issues Johann Dotson huge receiver quote the whole lot we’re doing proper now could be fully controllable it is clearly irritating not profitable we have got to determine ourselves out however I do not like.
The physique language of this group I just like the coaches quotes from this group and the markets are crashing on Washington as we communicate so remember you need to wager Tennessee sooner do it sooner quite than later certain and lots of Two and a half’s up there guys in Vegas uh Circa we acquired South Level uh DraftKings there’s additionally a.
Two and a half a lot of the main offshores all sitting at two and a half so simply avoid Caesars wanting on the wager speak reside odd display they’re already popping up a minus three on the Titans transferring down the record right here Teddy a bit little bit of a rivalry sport in New York Miami Dolphins New York Jets 465 466 right here we get the Dolphins minus.
Three and a half Street favorites 44 and a half being the entire dolphins and jets Teddy and once more that is one other sport we speak in regards to the betting Market in 2022 5 years in the past this we would not have a line on this sport till Saturday morning you already know uh so we do not know who’s taking part in quarterback for Miami this week.
I do not suppose two goes to play however he may you already know he had the additional break day between the final sport of this sport and there is a large distinction between Tua and Teddy Bridgewater I am unsure the markets see um however in fact the lookhead strains have two-way in there and the present numbers I feel are Bridgewater Numbers have a look at.
Line with six and 45. my numbers once more I am making a for a three-point adjustment from two uh two Bridgewater I do not suppose that is sufficient however I made the adjustment anyway my quantity got here six with uh two and three with out them the markets are at three 44 and a half final night time three and forty 4 and early betting actions now there.
Are nonetheless loads of 44 and a half’s on the market um when Teddy Bridgewater is just not going to check defenses deep he did hit Tyreek Hill on the one lengthy go um however he additionally threw a choose and Bridgewater is a sport supervisor he is not.
The man that may present that may produce the explosiveness out of this Dolphins offense that it has and naturally you already know um so uh Mike McDaniel speaking in regards to the loss uh to because you final Thursday you are going to lose video games to excellent groups in the event you lose the turnover battle and your kicking area objectives as an alternative of.
Making an attempt for touchdowns we hadn’t been executing we had been executing we did not right this moment we do not get free passes towards good group however we talked in regards to the points Miami was dealing with uh final week they performed 9 to the defenses on the snap for night time even was on the sphere for 90 snaps uh towards Buffalo after which needed to journey then play Cincinnati on a.
Brief week and it was I’d count on it I do not downgrade Miami off of that however I’ll downgrade Miami between Tua and Teddy Bridgewater the Marcus one in all course key harm for the dolphin Savion Howard one in all their begin cornerbacks left after struggling a groin harm I’ve not seen an replace on that this morning how about this quote from Breece.
Corridor speak about how the Jets are feeling an entire lot higher about themselves with Zach Wilson again one other two and two quote clearly there is a tradition shift greater than I say it greater than I can say it I can see it you already know Zach Wilson it was the primary time as an offense we did not really feel stagnant we did not really feel.
Timid everybody was taking part in quick everybody’s proper on cue with what the calls had been it is a lot enjoyable taking part in like this the Jets Rally from Double Dutch deficit to be Pittsburgh however there are some important issues on the offensive line Max Mitchell I simply learn a report this morning he is not out for the 12 months however I do not know he acquired.
Carted off the sphere yesterday I do not know he is gonna play this week okay again then clearly has heard Dwayne Brown Sir George Vance already on Angel Reserve they’re all the way down to their fifth and sixth string tackles you already know the Proper Guard Elijah Vera Tucker began the sport at left deal with um their points for the Jets on the.
Workplace of line which will properly have an effect on them once more this week Miami prolonged restore coming off a loss however they might not have the QB play that we might hope for we’re gonna lay a worth with the dolphins he is Teddy covers primary wager speak web revenue handicapper since February 1st of this 12 months so a number of months right here guys Teddy main the pack each play.
Since February 228 and 168 that is 58 plus 173 Roi that is 173 proportion on the return on funding NFL 12 and 5 71 % since week one he is seen it properly right here within the NFL clearly is aware of his NFL he is acquired a free play up on his web page test it out wager speak or sportsmemo.com it is one of many video games we talked about right here he touches on it uh.
Extra in-depth in writing in the event you just like the detailed written evaluation test it out Teddy covers web page wager speak and sports activities memo.com additionally a reminder right here guys it is 9 greenback Monday nice day to take a look at the web site subsequent sport up right here one o’clock Jap Teddy La chargers on the Cleveland Browns we’re seeing the bolts minus three-point Street favorites there.
Are a pair minus two and a half on the market on the off Shores however principally -Three because the highway favourite that’s the Chargers 48 the entire in Cleveland Teddy yeah and uh look forward of line right here for this was La minus two it was wager down to at least one and a half complete of 48. my energy quantity as a charger is one and a half and the markets have La again as much as three.
Uh this morning complete of 49. it is a fairly strong three uh on the board I am not anticipating transferring off of three uh anytime um with out some sort of harm information the Chargers had a bizarre sport plan yesterday we talked about Houston’s struggles towards Iran and the Chargers got here out and stated the Chargers who.
Have not been in a position to run the soccer this 12 months got here out and chucked it round and the working of the backs completed 23 he carries 86 yards however the truth that they got here out and had been throwing the soccer all over was shocking to me particularly with a lead uh towards the Texans group that they tried to blow that lead towards they usually.
Did not run the soccer they did not kill any clock uh and clearly you already know the Chargers group continues to be with out Bosa nonetheless with out Allen nonetheless with some points on the offensive line in relation to harm rookie left deal with uh making his first profession begin yesterday and naturally Herbert nonetheless has the uh cartilage in his ribs that.
Has tousled uh though seven straight 300 yards video games for Herbert on the freeway price noting as he travels to Cleveland this week I wasn’t impressed with Bruce at uh Jacob Weber stated once more you already know it is onerous to be impressed with them the passing sport for Cleveland’s the it the working sport is actually sturdy the.
Offensive line is dominant and when it is chubbing hunt and chubbing hunts and the Browns are transferring the soccer uh they seem to be a very tough group to cease at time however you already know lots of errors yesterday you already know that they had a protection breakdown value them the sport in week two towards the Jets and it most likely costing the sport yesterday towards Atlanta you.
Know that they had the the sport is tied the Falcons are at their very own 9 and subsequent factor you already know the Zacchaeus is huge open for a 42-yard Gainer after which a face masks penalty after which the Falcons are proper in vary uh for the sport profitable area objective and it is a Cleveland group that has cluster accidents on the defensive position miles Garrett uh heard.
Javon Clowney uh damage we do not know if both man will shoot up this week these are two accidents to Monitor and will have an effect on this level Teddy subsequent sport up we get the Detroit Lions New England Patriots Patriots now minus two and a half there’s even minus threes popping up from the opener of minus one within the hook right here.
Um 46 and a half being the entire in fact the Lions uh general we’re taking part in some good soccer uh yesterday you already know uh protection possibly not a lot however what are you pondering right here lions and Patriots and once more it is one other it is a world wherein you are allowed to wager on these video games although the the.
Patron may have their first string quarterback their second string quarterback or their third string quarterback begin right here actually I do not know if Mac Jones goes to come back again he damage his ankle yesterday he acquired knocked out of the sport I do not count on Brian Hoyer essentially to be out he had a head harm he may.
Do if he is concussed and he is wholesome I’d suppose Belichick will begin him uh over Bailey’s glad and zappy once more 10 or 15 99 yards and a landing he confirmed some Poise however he is a rookie he acquired sacked thrice in that ball sport he misplaced a fumble on one they needed to scale down their offense they usually’re not testing anybody downfield that stated.
He gained 5.1 yards per Rush with a 3rd string rookie quarterback it is a fairly good run protection however their protection acquired gash on the bottom the second straight week that the protection has been pushed round on the bottom um as for the Lions you already know they’ve the best scoring offense within the NFL.
Via 4 weeks they usually’re one and three and uh I noticed this nice tweet speaking about groups that had scored 140 or extra factors the primary 4 video games of the season and the way that they had a profitable proportion of like 900 all time and naturally the lions are one and three once more I talked about earlier.
Yesterday the Lions went over their group complete by 18 factors and had been by no means within the sport which speaks about this protection proper now um they nonetheless uh sorry yeah the primary 20 they’re the 30th group to attain 144 140 factors or extra within the first 4 within the first 29 groups went to 109 and 7 and Detroit is one and three the one different.
Staff to do it that wasn’t even uh uh 500 uh was the 2002 Chiefs who went two and two however whenever you’re giving up eight.eight yards per play to Geno Smith it is an issue we’ll see if the lions are going to be wholesome sufficient to have their key acquired usually you already know Andre Swift did not play yesterday I am on Ross Saint.
Brown DJ shark all lacking however the offense was high quality it is a protection for Detroit that is problematic proper now that is why New England’s favored on this ball sport despite the fact that the look forward line uh is you already know was was shorter than this uh the Lion’s protection is clearly problematically Teddy I acquired to ask you a query right here.
Actual fast you’ve got that is the third sport you’ve got introduced it up by way of the trendy Market and we would not have had strains possibly 5 years in the past acquired a philosophy need to run by you it is as a result of or in my view it is as a result of the enlargement of authorized sports activities betting DraftKings FanDuel Bedford no matter you need to name it these Sports activities books.
Coming in and placing up numbers it causes all of the sports activities books to must do it that is the explanation I consider that is taking place these days except is there another purpose 100 proper what’s occurred is that some books have stated we do not care let’s put the numbers up and when some books do this then the opposite books are compelled to.
Observe as soon as there is a betting market quantity why was the the problem with lots of the you already know why we waited all week for NFL strains again within the day at occasions after they recorded and solely when there’s quarterback questions uh however as a result of nobody wished to submit that first quantity you already know nobody would submit it first up.
Or possibly one e book would have it proper different books weren’t copy this is a state of affairs the place there’s a few books which can be comfy posting after which everybody else’s comfy copy yeah and it is lots of copying yeah you are proper and it is simply who’s gonna step on the market first after which if all people’s doing it you possibly can’t be the.
Solely sports activities e book not as a result of you then’ll look you already know that you just’re not going to get as a lot motion so that you may as properly throw it up there certain prefer it right this moment yeah all proper guys let’s transfer down the record right here San Francisco 49ers Carolina Panthers up subsequent we’re now underneath the 4 o’clock Jap one o’clock Pacific slate after what 9 one o’clock.
Jap kicks on Sunday 49ers at Panthers Niners Teddy I am seeing wherever from minus 4 and a half to his sizzling minus minus 5 and a half I suppose we are able to name it a consensus minus 5 as we’re speaking uh 39 and a half being the entire right here Teddy 49ers at Panthers yeah that is why that is what I wrote it.
Down as 5 um now no San Fran performs tonight on Monday Evening Soccer so solely one in all these two groups has performed since this battable quantity was on the market look headline was three and it did get wager as much as three and a half.
My powering quantity is six and a half the entire was 39 on the open by the best way for the look forward uh now right here we’re 5 and 39 and a half there are 5 and a half’s on the market the markets uh I used to be shocked by the quantity of help within the betting markets for Carolina it is one thing proper that was Arizona uh as an underdog in Carolina and I am sitting.
There I’ve watched these groups play Arizona’s Greatest for all their struggles they’re higher than Carolina and the humorous factor is to all the fellows in Carolina now all of the beat writers like Sam darnold’s coming off the IR this week Sam Donald the man who they could not wait to expire of city within the preseason we may wait to run them out.
Of city final 12 months however that is how dangerous Baker Mayfield has been look that they had 11 first downs yesterday Four.Three yards per play Christian McCaffrey he was the member there have been books that had been oh properly the McCaffrey’s going to have an effect on the purpose unfold eight carries for 27 yards method to efficient level uh Matt rule speaking in regards to the QB.
Issues quote I haven’t got any ideas about something transferring ahead we’ll return and watch the tape and attempt to get this stuff corrected normally on Mondays I may give you a greater solutions of what we’ll do going ahead uh you already know Mayfield was dangerous yesterday flat out dangerous and Carolina’s a one in.
Three group they usually’re being priced prefer it um and clearly we’ll see what uh San Fran does tonight however you just like the Niners tonight I would not anticipate the minus 4 and a half slash minus 5 essentially being there tomorrow only a couple video games left right here guys as.
We’re within the 4 o’clock slate large shout out to the chat field all people becoming a member of us reside properly over 500 reside Watchers right here on the wager speak YouTube channel in the event you may assist us out in the event you’re liking the content material please smash that like button in the event you’re watching on replay be at liberty to drop a line beneath guys what you are liking what you agree.
With what you disagree with what you are seeking to wager all is welcome within the reply part beneath uh subsequent sport up right here Teddy we get the Eagles and the Cardinals Philadelphia minus 5 and a half once more one other one the place it is the low quantity is minus 5 the excessive water mark is minus six on the market accessible within the market 49 and a half being the.
Complete Eagles at Cardinal research I hate to do that however that is reside uh get it prepared uh once more as a result of we’ve to return to a sport we already talked about it is getting popped proper now the display’s going black if you wish to get entangled get entangled let’s do the loop we’ve emergency tremendous emergency Dolphins Jets two had simply acquired dominated out.
To him out downgraded out for Sunday and but the primary bets approaching Miami that is bizarre I do not know if we’ll emergency betting however the Buddy’s coming in on Miami with Bridgewater is the QB once more I make a major.
Drop off between two attacker beneath and Teddy Bridgewater the markets wanting within the different route for this one which’s a shock to me now we had been simply speaking about who the Eagles and the Cardinals Arizona who’s now I feel oh and eight of their final eight dwelling video games um.
Properly you already know you wager on the Cardinals on the highway and also you wager towards them at dwelling you made a small fortune during the last 12 months and naturally wager towards Arizona the primary half they have been out scored 66-16 within the first half of those video games the protection has been the factor that is impressed me essentially the most about Arizona this season the offense has been.
Misplaced for prolonged stretches and the protection has been able to maintaining them in video games whereas the offense determining the Kinks after which Murray finds a method to make some performs after halftime he despatched her a handful of occasions already uh this season however it’s a group with both a unfavorable or a zero as your private home area Edge.
And we talked about Philly as being the quantity three group within the NFL a few weeks in the past I you already know won’t once more look headline right here was minus 4 wager as much as 4 and a half complete 48 and a half my powering quantity is six within the betting markets settled in at 5 5 and a half uh this morning however Philly’s not a group I am stepping in entrance.
You realize once more the protection did 5 extra takeaways yesterday the working sport 200 yards on the grounds and 4 touchdowns towards a Jacksonville protection that was holding groups to an NFL low 55 dashing yards per sport coming in you already know with ugly circumstances uh they usually acquired punched within the face to open the sport they usually nonetheless had been in a position to.
Dominate practically 200 yards Edge 40 minute time of possession they do have harm issues significantly within the secondary very regarding however the asset line is banged up as properly uh Avante Maddox is meant to be again this week I do not know if Darius Slay goes to play Patrick Johnson’s damage uh blind Jordan my Lata and Isaac similu uh.
Each heard um so that you do need to examine that Philly harm report however Billy’s a one-way group for me in the event you’re not taking part in on him I am not taking part in towards him in Arizona once more it got here with zero dwelling area Edge and the group that continues to have these terrible begins to ball video games final afternoon kick earlier than the Sunday.
And Monday nighters right here Dallas Cowboys on the LA Rams 45 and a half being the entire Rams minus 4 and a half or minus 5 sort of a cut up line right here relying the place we’re buying reminder guys the Rams are taking part in in Monday Evening Soccer so a correlated wager in the event you like them tonight possibly look to make two bets on them in the event you don’t love them.
Possibly look the wager uh two bets fading them Teddy Cowboys at Rams 425 Jap let’s name it uh minus 5 with the Rams at dwelling so that is one other large transfer off the look forward line primarily based on solely one of many two T’s taking part in now if you have not even performed but all proper however uh Rams open on the look forward line minus seven complete of.
46. they did get wager down to 6 and a half so the one cash did come from Dallas my powering quantity is three for this ball sport and I am not low on LA however I imply the Cowboys three and oh straight up towards the unfold with Cooper rush they may have Zach again this week on a deck again this week uh first time since 1973 the protection has.
Not allowed 20 factors in any of their first 4 video games they’ve allowed precisely one landing on every video games you already know yesterday two sacks two interceptions and within the backfield play after play they’ve Gallop again a large receiver with cd-lam now now they acquired their outdoors weapons um it is a Cowboys group that.
Everybody was saying their season’s over after week one and there was a sports activities e book that stated oh we’ll play out pay out all of the underneath bets uh after week one and Dallas proper now has been manner higher than anticipated actually on the defensive facet of the soccer if the Rams appeared dangerous the night time and once more there’s sixes on the market final night time.
There’s nonetheless 4 and a half’s on the market you already know fives on the market proper now if the rams look dangerous tonight what’s this line going to come back three that is a dick it may Teddy I I did not know if it was like emergency betting alert on what may occur presumably however uh no so the emergency betting alerts are when the market is transferring proper now.
And that is not taking place for this sport in any respect or the market all proper properly I see indicators the Market’s about to maneuver or I see that you already know this line cannot maintain you already know this is not a state of affairs the place the road cannot maintain uh for the Rams but when the Rams get beat tonight this Line’s not popping out 4 and a half 5 like at Teddy covers at Teddy underscore.
Covers on Twitter Sunday night time what simply the very final thing there was some speak Dax going to be again this week all proper there’s different speak hey they’re Three-Zero with Cooper rush let’s not rush um we’ll see but when that does come again that’ll be another excuse to see some Dallas cash um.
From uh and once more from uh once more even even now 4 and a half 5 if it is Dak that is three and a half 4 a minimum of although Cooper Rush has performed in addition to he as he has okay I’d transfer it that a lot I imply I I personally suppose it is a type of conditions like hey Doc we’re Three-Zero like relaxation up be sure to’re 100.
% you already know and you then acquired your job again kind factor I do not know do you see it another completely different manner no however uh I I see it precisely like that yeah uh but when that is wholesome he is gonna begin you already know he is a beginning quarterback if he is ok to go he’ll go and I feel the markets will transfer on Dak Prescott uh OverWatch even.
Although Rush has been simply high quality uh proper with out uh Dak and wine good drawback to have I suppose in the event you’re a Cowboys uh backer we acquired Cincinnati Bengals Baltimore Ravens up subsequent Sunday Evening Soccer right here guys eight 20 Jap 5 20 Pacific minus three there’s some juice on that that is the Ravens as the house favourite some juice at most sports activities.
Books anyway some simply minus three flat that is the Ravens at dwelling internet hosting the Cincinnati Bengals 48 being the entire Sunday Evening Soccer Teddy yeah if we had performed this present two hours in the past this could have been emergency betting alert there have been three and a halfs on the market they’re gone now uh they’re nonetheless three with juices uh uh.
For Baltimore however the three and a half’s just about wiped on the market’s possibly one or two books that also has a 3 and a half on the market in the event you like Cincy I’d seize that three and a half now the look headline was three and a half my powering quantity solely two for the ball sport the Market’s once more three and a half and 48 final night time and we’re seeing.
Principally threes in early uh betting motion right this moment we nonetheless have not seen since he performed a great sport you already know they they haven’t performed 40 minutes of excellent soccer uh collectively simply but um and but they’re nonetheless you already know again to 500 what stood out for CNC this previous week once more a few of them could have been.
Miami’s protection uh being drained however the workplace of line was significantly better towards the Dolphins on Thursday night time Joe burrow all day the safety was superior I had the time I wanted within the pocket to seek out the fellows I wanted Zach Taylor Joe was lights out you needed to beat man protection are we the fellows to do it the safety of matching the.
Quarterback who that is what he needs to see uh however once more it is struggling within the Pink Zone not scoring touchdowns defensively this group’s been Dynamite um second fewest touchdowns allowed per drive in the event you’re taking a look at that exact defensive metric and naturally Raven did a press convention schedule.
At present and I have never seen what it was I do not know what time it was that was a nasty loss for them yesterday you already know it actually was uh and naturally when you will have the rating tied at 20 all and also you get all the way down to the Buffalo one yard line I do not blame Harbaugh going for it on fourth down in that spot even with the sport tied however.
It’s a must to inform the quarterback to throw the ball away so a minimum of you get the advantage of getting them giving them the possession of the 2 yard line not the 20. uh which is what occurred after the Touchback after which they proceeded to go down burn off all of the clock and win the sport um however it’s an offense that has been.
That point’s Unstoppable however they’re getting riddled with accidents on the workplace of line and clearly defensively um they have some issues after the sport quote Harbaugh hindsight you are taking the factors however you have a look at it analytically you perceive why we did and I do not blame harbort for going for it there.
That is an attention-grabbing quote although Lamar Jackson week 4 we have been on this state of affairs earlier than I really feel like we’re gonna hit our Peak on the proper time so there’s nonetheless loads of confidence and Market help for the Ravens that stated the three and a half is getting purchased up for Cincinnati NFL opening line report one sport left.
For the week 5 slate right here Teddy covers Drew Martin breaking it down every Monday on the wager speak YouTube channel 10 a.m Pacific begin time guys take a look at Teddy covers at wager speak and sportsmemo.com primary wager speak web revenue handicapper since February 1st each place since February 228 and 168 that is 58 winners plus 173.
Roi additionally 12 and 5 71 within the NFL since week one final sport right here Teddy Monday Evening Soccer for week 5 Las Vegas Raiders Kansas Metropolis Chiefs we’re seeing the Chiefs minus seven there’s a seven within the hook popping up there 51 being the entire what are we pondering AFC West battle in Kansas Metropolis right here Teddy and I apologize I do know we’re out of time.
Uh however I gotta return to dolphins sure as a result of that’s sport getting pounded proper now it is getting pounded essentially the most is the totals getting hit underneath with Bridgewater they acknowledge to a contest deep Ridge Water not a lot so we’re seeing underneath cash for Miami and the Jets now the 2 has been introduced out in that to me is a transfer that truly.
Is sensible Raiders and Chiefs have a look at a line right here with six and a half acquired mattress as much as seven complete 50 and a half my powering quantity is 9 and a half for the sport the Market’s sitting at seven there’s a seven and a half a few seven halves on the market and there is juice on the sevens and we have had one two emergency betting.
Alerts to this point I am gonna put a 3rd one uh for this sport despite the fact that the primary one was it was a sort of a reside unplanned emergency video alert when the display goes black I need to listen this one is one I anticipated being an emergency betting alert earlier than we got here on air so let’s cue it up look my powering quantity is 9 and a.
Half on the sport the Market’s seven seven and a half proper now the sevens I do not suppose are gonna beat it you already know when KC is clicking they’re coming off a nationwide TV win wherein the offense did something they need to towards an elite defenses and there is a handful of offense on this league that after they’re clicking they’re Unstoppable.
Um you already know eight completely different receivers caught a go by halftime final week who wants Tyree kill when you will have Patrick Mahomes clicking on all cylinders like that and naturally not the Raiders protection is making stops you already know Raiders acquired out sport by a full yards per play yesterday they had been simply two of 5 within the pink zone.
They’re in a position to run Josh Jacobs and you already know what Tampa Bay did final night time they did not even attempt to run on Casey I do not suppose Jacob goes to have the ability to transfer uh the push and naturally Jacobs grew to become the primary Raiders participant to run for 130 yards and two touchdowns in a sport since Darren McFadden in 2011. wow um and naturally the Raiders acquired their first.
Defensive landing since 2019 they acquired off the schneid uh with the win um Casey will take the cash right here Casey’s the general public facet um I do not know if it’s going to go uh I am not anticipating this line going nuts however if you need the Chiefs lay seven now I do not suppose they’re going to get any higher than.
That between now yeah we’ll see we’re seeing South Level transfer to seven within the hook DraftKings as properly juice on the seven on the west gate so uh I suppose some main indicator books pointing up on the Chiefs Teddy covers Drew Martin NFL opening line report guys that’s it for week 5 large shout out to the chat field as at all times be at liberty to answer beneath.
Properly over 500 individuals watching reside we do admire it please smash that like button and please assist us out uh you already know for the algorithm Under within the reply part Teddy um throw it over to you man nice present as at all times uh any closing ideas earlier than we shut this down yeah it is so humorous clearly like I’ve.
Received a lot information I need to give it and after we’re performed I am like simply say yeah an enormous exhale uh as a result of we acquired all of it out and I feel I gave you a greater than majority of I used to be making an attempt to provide look we had greater than 14 00Zero views on the present two weeks in the past final week we had the technical difficulties there have been two reveals so we did not get the.
Numbers however we’re placing up some large numbers within the present all we ask look I am gonna give this information I am gonna do the whole lot I’ve on a Monday morning each week I am gonna convey all of it proper I keep up late Sunday night time simply to do it I am gonna convey it each Monday all I ask for you guys in the event you just like the present inform your mates as a result of 14 00Zero ain’t.
Sufficient we’d like extra so please give us the viewers give us a comply with give us a likes and in the event you just like the present unfold the phrase thanks a lot good luck this week we’ll do it once more subsequent Monday proper right here on the opening line Teddy covers himself guys I second that thanks on your help on the market let’s blow this present up NFL opening line.
Report we’re trying out Dan Alexander behind the scenes I’m Drew Martin Teddy covers as properly guys we will likely be again subsequent Monday 10 a.m Pacific Time come again and be a part of us better of luck along with your bets till then thanks for tuning in every Monday is 9 greenback Monday at each wagertalk.com and sportsmemo.com when all every day picks.
Packages are priced at solely 9 together with 5 % Greatest Bets usually priced at 35 as an added bonus any pics packages loaded early for in a single day Tuesday or motion throughout the week may also be priced at 9 bucks till midnight on Monday so make sure that to reap the benefits of getting these 25 and 35 picks for under 9.
earlier than the clock strikes 12 they usually return to common worth That is one superior Mountaineer! My attention-grabbing fello gambler says this video could be very astonishing. How did yesterday’s outcomes form the NFL Week 5 betting market? Be part of Teddy Covers and Drew Martin for the Week 5 Opening Line Report. Each Monday, we dive into the NFL betting market from three key angles: a) What had been the look-ahead strains from final week; b) The place did the strains re-open after Sunday’s motion; c) The place the strains are heading earlier than kickoff this week. Be part of Teddy and Drew every week for this informative NFL betting train.
NY Giants at Inexperienced Bay 06: 40
Pittsburgh at Buffalo 14: 45
Atlanta at Tampa Bay 17: 11
Chicago at Minnesota 20: 15
Miami at NY Jets 25: 25
LA Chargers at Cleveland 29: 38
Detroit at New England 32: 08
Cincinnati at Baltimore 45: 00
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WagerTalk TV: Sports Picks and Betting Tips on October 3, 2022 at 6:01 pm
Mac Beavers on October 4, 2022 at 9:02 pm
Bledsoe had actually signed a huge agreement with New England prior to his injury and Tom Brady'' s excellent arrival. Dallas must trade Dak for 2 2nd rounders and not recall. What Dak is being paid must not identify if he begins or not. Obviously, I understand the Dallass owner is a dickhead so he will begin Dak who will unquestionably have a hard time as he did considerably versus Tampa. Good program as normal people.
Mac Beavers on October 4, 2022 at 9:06 pm
As I remember Baltimore was on the Buffalo “3” lawn line when Harbaugh went all out on 4th down not the Buffalo “1” backyard line.
Roberto Ambrosio S. on October 4, 2022 at 10:07 pm
Drew and Teddy excelente as constantly. Keep. Best choice 10 -2.5
Tim me on October 5, 2022 at 3:36 am
Austin on October 5, 2022 at 6:49 am
Zak is nit returning..2 more weeks
Austin on October 5, 2022 at 6:51 am
Sports Avenger on October 5, 2022 at 12:06 pm
Everybodys going nuts cuz Tua isn'' t playing. I state please it'' s water under the bridge!
Drew Martin Bets on October 5, 2022 at 5:31 pm
Thanks for viewing all! Terrific concerns up until now, thank you … Any others do not hesitate to fire away and we will strike some on next weeks reveal. Money em!
Philip Rodger on October 5, 2022 at 10:08 pm
So what are the choices?
Philip Rodger on October 5, 2022 at 10:09 pm
You are showing ARZ at +5 however stating won'' t bet versus Philly so which is it?
rockrhymrr on October 9, 2022 at 5:51 am
how is Teddys 228-168 record just 58% That must be greater!! Also all the footballs utilized in this reveals photos and graphics are striped college footballs! Anyways I enjoy the program! Been following teddy for many years! He'' s the genuine offer!!!
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For those willing to look more closely, Rubio has in fact been improving as a shooter for most of this season.
By Britt Robson
Because Rubio is at least above-average and more often superb in nearly every other aspect of the game — passing, dribbling, defense, leadership — opinion on his overall value is divisive.
March 24, 2016
The Minnesota Timberwolves had just weathered a slapstick game against a dysfunctional opponent missing their best player, going through the motions with a tad more capability than a Sacramento Kings team sans DeMarcus Cousins to register a 113-104 victory at Target Center Wednesday night.
Coach Sam Mitchell had spent much of the evening angrily barking at his players, but with the win in hand and his future with the franchise under enhanced scrutiny heading into the last three weeks of the 2015-16 season, he was a sanguine dude perched behind the table for his postgame press conference.
Because it was a night where the Wolves looked better on the stat sheet than they did on the court, Mitchell had ammunition for his optimistic portrayal of the triumph. In particular, the three young stars at the heart of the team’s future marketing plan — Karl-Anthony Towns, Andrew Wiggins, and Zach LaVine — all scored at least 23 points apiece, with LaVine’s onslaught coming entirely in the second half. Grease-and-glue guy Gorgui Dieng battled through a sore left hip to put up 16 points and 12 rebounds.
But Mitchell’s most trenchant praise came in support of a player who had something of an off-night due to chronic foul trouble and a tough matchup with the Kings’ crafty point guard Rajon Rondo. After starting to answer a question about the way Wiggins has been able to find teammates for assists while driving hard to the hoop, the subject of playing hard had Mitchell suddenly pivoting into a paean for Ricky Rubio.
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“Ricky played — he’s amazing because every single play, offense and defense, he competes as hard as he can. And that is something that is rare in this league. Not to take anything away from the other guys — they all play hard — but the way Ricky gives 100 percent on every play, he’s just a, he’s a unique player,” Mitchell raved.
“For our team, he gets us into our stuff and makes the right decision and passes the ball and defends. I think quietly Ricky has had an unbelievable year. He’s in the weight room, working on his body, he’s been resilient, he’s taken care of himself. I think Ricky likes playing with this core of young guys that we have. And he is included [in that young core] — he’s only 25.”
As recently as the NBA trading deadline less than five weeks ago, credible sources were reporting that the Wolves might be willing to trade Rubio to Milwaukee for swingman Khris Middleton. On the basis of talent, such a swap wouldn’t be a devaluation of Rubio — Middleton is a wonderful young defender and three-point shooter, exactly the kind of player the Wolves need at both ends of the court.
No, the greater indictment arising out of the Rubio trade banter — if the reported discussions actually happened — was how cavalier at least some members of the Wolves front office were about their existing point guard situation.
Unless you count rookie Tyus Jones, who flashes glimmers of vision and poise but is so physically overmatched that he can’t sustain competence at the NBA level just yet, the only alternative to Rubio would be a continuation of the ongoing failed experiment of second-year guard Zach LaVine running the offense. For the better part of two seasons now, LaVine at the point has torpedoed teamwork and continuity at both ends of the court.
A willingness to deal Rubio without getting even a decent point guard in return underestimates his absolutely vital role in facilitating the development of cornerstones Towns and Wiggins and/or overestimates LaVine’s capacity to fill the void in Rubio’s absence. It also signals that there were some in the organization still clinging to the notion that LaVine would inevitably eclipse and replace Rubio as the point guard moving forward.
Fortunately that already specious notion has been further discredited by the play of the Wolves, but especially Rubio, over the past two months.
On Feb. 10, the last game before the All Star break, the Wolves finally deployed LaVine at shooting guard next to Rubio against a Toronto Raptors opponent that had won 14 of its previous 15 games. The Wolves came from behind to knock off the Raps 117-112. It tied for the team’s third-highest point total in 54 games.
Rubio had 19 points, 8 rebounds and 8 assists (versus 2 turnovers) in that contest. Better yet, he scored efficiently, hitting on 2-of-3 two-pointers, 3-of-6 three-pointers, and all six of his foul shots. Considering that discussions about the Middleton trade reportedly took place after that feel-good performance, it seems that some members of the front office regarded it as an outlier.
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And to be fair, after four-and-a-half NBA seasons as the sample size, the jury was already beginning to come in with a guilty verdict on Rubio’s inability to enhance his historically inaccurate shooting. The highest field goal percentage of his career is 38.1 percent, from two seasons ago; from long-range, it is the 34 percentage accuracy from three-point territory that he posted during his rookie season in 2011-12. In the modern NBA, the ability to space the floor by scoring from distance is almost mandatory for a guard on a playoff contender. By contrast, Rubio could be left unguarded, an advantage for opposing defenses that is magnified in crunch time, when generating points out of each possession is so important.
Because Rubio is at least above-average and more often superb in nearly every other aspect of the game — passing, dribbling, defense, leadership — opinion on his overall value is divisive. As someone who has watched Rubio improve the performance of the team every year he’s been with the franchise, I have been a staunch supporter despite the frequency with which he clanks his jumpers and muffs layups.
Rubio is one of the smartest as well as one of the most competitive players in the NBA, a kindred spirit to Kevin Garnett. So it wasn’t surprising to see him trying to make lemonade out of his wretched shooting by consciously trying to draw more fouls and also launch more three-pointers this season — two ways to enhance the efficiency of his scoring.
But even as he was making a career-best 82.6 percent of his free throws, and getting to the foul line more often than at any time since his second season in the NBA, Rubio’s shooting stats at the All Star break were still discouraging: 36.1 percent on field goals, including a paltry 29.2 percent accuracy from three-point range.
But for those willing to look more closely, Rubio was in fact improving as a shooter for most of this season. The Wolves recently released a valuable stat sheet breaking down the performance of each player into ten-game increments over the first 70 games of the season. (Wednesday’s win over the Kings was game 71.)
This breakdown shows that Rubio was making 39.3 percent of his field goals the first six games of the season. But then he got hurt and missed six contests — the final four of the team’s first ten games, and the first two of games 11-20, In the eight games after his return from those troubling ankle injuries, when he obviously wasn’t completely recovered, his field goal percentage plummeted to 30.0.
Since then, it’s been a steady climb in accuracy with each ten-game increment. In games 21-30, Rubio shot 33.8 percent. In games 31-40, it edged up to 34.6 percent, and then bumped to 38.2 percent in games 41-50.
In a season where the average field goal percentage is 45.2 percent, those improvements still amount to lousy shooting. But Rubio is so adept at other aspects of the game that he doesn’t even have to be average to solidify his status as an asset for the Wolves moving forward; he just can’t be as flagrantly terrible as his career percentages before this season.
Synergy with LaVine
I highlighted the Toronto game because it was the first time all season where LaVine and Rubio started in the back court together. It is a tandem Wolves fans have clamored for over much of the season. And the pairing has obviously been a catalyst for Minnesota’s — and Rubio’s — heightened offensive prowess over the past two months.
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Mitchell announced LaVine would be his starting shooting guard early in the preseason, an experiment that mysteriously lasted all of three games. Possible reasons why the team pulled the plug on the lineup include that it would rob minutes from veteran guard Kevin Martin (who has since been bought out and is no longer with the team); force Wiggins to match up with bigger and rougher small forwards, compel LaVine to likewise step up in the size and weight of his matchups from point guard to shooting guard; and continue to groom LaVine at the point because of a lack of confidence in Rubio.
The All Star break was a nine-day hiatus, a time to take stock of the team 54 games into the 82-game season. Mitchell and general manager Milt Newton are both filling in on roles once filled by the late Flip Saunders—Newton guides personnel moves as the interim President of Basketball Operations and Mitchell is the interim head coach.
Over the break, both men apparently recognized that the best way to secure their future employment was to promote the long-term development of the roster. That meant getting LaVine more playing time at his natural shooting guard position, buying out Martin and point guard Andre Miller, curbing the minutes of veterans Garnett (who hasn’t played since late January) and Tayshaun Prince, and giving backup point guard minutes to Tyus Jones.
The result has been bountiful offense, especially from the starters, and cringe-worthy defense. But the biggest takeaway for the future has been the synergy between Rubio and LaVine.
The new back court tandem was unveiled in game 54. According to the ten-game increments, Rubio shot 41.5 percent from the field in games 51-60, and 44.6 percent in games 61-70—in other words, he has improved his field goal accuracy in five straight ten-game increments.
But that’s only part of Rubio’s improvement. His three-point percentage rose to 35.0 in games 51-60 and then bumped up again to 39.5 in games 61-70. And his free throw percentage rose to 88.7 percent in games 51-60 and a stellar 93.3 percent in games 61-70.
That quality of accuracy is further buttressed by quantity. After never shooting more than 39 free throws in any ten-game increment before the All Star break, Rubio took 62 free throws in games 51-60 and 45 more in games 61-70. After never shooting more than 26 three-pointers in any ten-game period before the break, he launched 38 treys in games 61-70.
What does all this mean? Well, if you look at True Shooting Percentage — a comprehensive statistic that factors in two-pointers, three-pointers and free-throws (one-pointers) — Rubio is singeing the twine with a 61.8 TS% in the 17 games since the All Star break. The average TS% in the NBA this season is 54.1. The most accurate team, the vaunted Golden State Warriors, have a collective TS% of 59.2.
Nobody reasonably expects Ricky Rubio to continue to outshoot the Golden State Warriors much longer — there will be some regression to the mean. But the presence of LaVine and the absence of injury will almost certainly elevate that mean.
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According to the stats at Basketball-Reference.com, Rubio shoots 39.5 percent from the field when paired with LaVine and 36.5 percent when LaVine is on the sidelines. From three-point range, the numbers are 33.8 percent with LaVine and 30.8 percent without him. The percentage of buckets when Rubio is assisted rises to 51.5 percent when LaVine is with him compared to 42.6 percent without LaVine.
It is interesting to note that Rubio’s improved shooting over the past two months has not been dependent on LaVine, however — his two-point accuracy over that span is actually a little better in the (relatively few) minutes he plays without LaVine.
As might be expected, the presence of Rubio feeding him dimes has been very good for LaVine’s offense. He is shooting 39.1 percent from three-point range and 49.1 percent overall with Rubio and 38.1 percent from deep and 43.1 percent overall without Rubio. Most significantly, 66.9 percent of his buckets are assisted when alongside Rubio, versus 32.4 percent when someone else shares the backcourt.
A ‘quietly unbelievable’ season
Let’s flash back to the postgame comment from Mitchell the other night. He specifically cited all the work Rubio has put in to retain his resilience and stay on the court this season. Indeed the other knock on Rubio aside from his poor shooting has been that he can’t stay healthy.
But after missing six of the first 17 games this season, Rubio has suited up for every game since the first of December. Give a hat tip to Arnie Kander, the legendary concoctor of potions who serves as the Wolves vice president of sports performance, for helping Rubio stay fit. As Mitchell notes, however, much of the credit belongs to Rubio himself.
Even as Rubio starts to put his shooting and health problems behind him, the typically stellar aspects of his play have actually improved as well this season. He is simultaneously averaging more assists and fewer turnovers than at any point in his career. Analytical measures such as PER and Win Shares are career bests.
And where it matters most — impact on the team — Rubio is second only to Garnett in overall Net rating. The Wolves perform 10.3 points better per 100 possessions when he plays compared to when he sits.
On the cusp of his prime at age 25, Rubio is having, as Mitchell puts it, a “quietly unbelievable” season.
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Britt Robson has covered the Timberwolves since 1990 for City Pages, The Rake, SportsIllustrated.com and The Athletic. He also has written about all forms and styles of music for over 30 years.
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Has Ricky Rubio become a good — or at least not terrible — shooter?
By Britt Robson
March 24, 2016
<h1>Has Ricky Rubio become a good — or at least not terrible — shooter?</h1> <p class="a-entry-byline">By <span class="a-entry-author">Britt Robson</span></p> <p class="a-entry-date">March 24, 2016</p> <p>The Minnesota Timberwolves had just weathered a slapstick game against a dysfunctional opponent missing their best player, going through the motions with a tad more capability than a Sacramento Kings team sans DeMarcus Cousins to register a 113-104 victory at Target Center Wednesday night.</p> <p>Coach Sam Mitchell had spent much of the evening angrily barking at his players, but with the win in hand and his future with the franchise under enhanced scrutiny heading into the last three weeks of the 2015-16 season, he was a sanguine dude perched behind the table for his postgame press conference.</p> <p>Because it was a night where the Wolves looked better on the stat sheet than they did on the court, Mitchell had ammunition for his optimistic portrayal of the triumph. In particular, the three young stars at the heart of the team’s future marketing plan — Karl-Anthony Towns, Andrew Wiggins, and Zach LaVine — all scored at least 23 points apiece, with LaVine’s onslaught coming entirely in the second half. Grease-and-glue guy Gorgui Dieng battled through a sore left hip to put up 16 points and 12 rebounds.</p> <p>But Mitchell’s most trenchant praise came in support of a player who had something of an off-night due to chronic foul trouble and a tough matchup with the Kings’ crafty point guard Rajon Rondo. After starting to answer a question about the way Wiggins has been able to find teammates for assists while driving hard to the hoop, the subject of playing hard had Mitchell suddenly pivoting into a paean for Ricky Rubio.</p> <p>“Ricky played — he’s amazing because <i>every single play</i>,<i> </i>offense and defense, he competes as hard as he can. And that is something that is rare in this league. Not to take anything away from the other guys — they all play hard — but the way Ricky gives 100 percent on every play, he’s just a, he’s a unique player,” Mitchell raved. </p> <p>“For our team, he gets us into our stuff and makes the right decision and passes the ball and defends. I think quietly Ricky has had an unbelievable year. He’s in the weight room, working on his body, he’s been resilient, he’s taken care of himself. I think Ricky likes playing with this core of young guys that we have. And he is included — he’s only 25.”</p> <p>As recently as the NBA trading deadline less than five weeks ago, credible sources were reporting that the Wolves might be willing to trade Rubio to Milwaukee for swingman Khris Middleton. On the basis of talent, such a swap wouldn’t be a devaluation of Rubio — Middleton is a wonderful young defender and three-point shooter, exactly the kind of player the Wolves need at both ends of the court.</p> <p>No, the greater indictment arising out of the Rubio trade banter — if the reported discussions actually happened — was how cavalier at least some members of the Wolves front office were about their existing point guard situation.</p> <p>Unless you count rookie Tyus Jones, who flashes glimmers of vision and poise but is so physically overmatched that he can’t sustain competence at the NBA level just yet, the only alternative to Rubio would be a continuation of the ongoing failed experiment of second-year guard Zach LaVine running the offense. For the better part of two seasons now, LaVine at the point has torpedoed teamwork and continuity at both ends of the court.</p> <p>A willingness to deal Rubio without getting even a decent point guard in return underestimates his absolutely vital role in facilitating the development of cornerstones Towns and Wiggins and/or overestimates LaVine’s capacity to fill the void in Rubio’s absence. It also signals that there were some in the organization still clinging to the notion that LaVine would inevitably eclipse and replace Rubio as the point guard moving forward.</p> <p>Fortunately that already specious notion has been further discredited by the play of the Wolves, but especially Rubio, over the past two months.</p> <p>On Feb. 10, the last game before the All Star break, the Wolves finally deployed LaVine at shooting guard next to Rubio against a Toronto Raptors opponent that had won 14 of its previous 15 games. The Wolves came from behind to knock off the Raps 117-112. It tied for the team’s third-highest point total in 54 games.</p> <p>Rubio had 19 points, 8 rebounds and 8 assists (versus 2 turnovers) in that contest. Better yet, he scored efficiently, hitting on 2-of-3 two-pointers, 3-of-6 three-pointers, and all six of his foul shots. Considering that discussions about the Middleton trade reportedly took place after that feel-good performance, it seems that some members of the front office regarded it as an outlier.</p> <p>And to be fair, after four-and-a-half NBA seasons as the sample size, the jury was already beginning to come in with a guilty verdict on Rubio’s inability to enhance his historically inaccurate shooting. The highest field goal percentage of his career is 38.1 percent, from two seasons ago; from long-range, it is the 34 percentage accuracy from three-point territory that he posted during his rookie season in 2011-12. In the modern NBA, the ability to space the floor by scoring from distance is almost mandatory for a guard on a playoff contender. By contrast, Rubio could be left unguarded, an advantage for opposing defenses that is magnified in crunch time, when generating points out of each possession is so important.</p> <p>Because Rubio is at least above-average and more often superb in nearly every other aspect of the game — passing, dribbling, defense, leadership — opinion on his overall value is divisive. As someone who has watched Rubio improve the performance of the team every year he’s been with the franchise, I have been a staunch supporter despite the frequency with which he clanks his jumpers and muffs layups.</p> <p>Rubio is one of the smartest as well as one of the most competitive players in the NBA, a kindred spirit to Kevin Garnett. So it wasn’t surprising to see him trying to make lemonade out of his wretched shooting by consciously trying to draw more fouls and also launch more three-pointers this season — two ways to enhance the efficiency of his scoring.</p> <p>But even as he was making a career-best 82.6 percent of his free throws, and getting to the foul line more often than at any time since his second season in the NBA, Rubio’s shooting stats at the All Star break were still discouraging: 36.1 percent on field goals, including a paltry 29.2 percent accuracy from three-point range.</p> <p>But for those willing to look more closely, Rubio was in fact improving as a shooter for most of this season. The Wolves recently released a valuable stat sheet breaking down the performance of each player into ten-game increments over the first 70 games of the season. (Wednesday’s win over the Kings was game 71.)</p> <p>This breakdown shows that Rubio was making 39.3 percent of his field goals the first six games of the season. But then he got hurt and missed six contests — the final four of the team’s first ten games, and the first two of games 11-20, In the eight games after his return from those troubling ankle injuries, when he obviously wasn’t completely recovered, his field goal percentage plummeted to 30.0.</p> <p>Since then, it’s been a steady climb in accuracy with each ten-game increment. In games 21-30, Rubio shot 33.8 percent. In games 31-40, it edged up to 34.6 percent, and then bumped to 38.2 percent in games 41-50.</p> <p>In a season where the average field goal percentage is 45.2 percent, those improvements still amount to lousy shooting. But Rubio is so adept at other aspects of the game that he doesn’t even have to be average to solidify his status as an asset for the Wolves moving forward; he just can’t be as flagrantly terrible as his career percentages before this season.</p> <h4><b>Synergy with LaVine</b></h4> <p>I highlighted the Toronto game because it was the first time all season where LaVine and Rubio started in the back court together. It is a tandem Wolves fans have clamored for over much of the season. And the pairing has obviously been a catalyst for Minnesota’s — and Rubio’s — heightened offensive prowess over the past two months.</p> <p>Mitchell announced LaVine would be his starting shooting guard early in the preseason, an experiment that mysteriously lasted all of three games. Possible reasons why the team pulled the plug on the lineup include that it would rob minutes from veteran guard Kevin Martin (who has since been bought out and is no longer with the team); force Wiggins to match up with bigger and rougher small forwards, compel LaVine to likewise step up in the size and weight of his matchups from point guard to shooting guard; and continue to groom LaVine at the point because of a lack of confidence in Rubio.</p> <p>The All Star break was a nine-day hiatus, a time to take stock of the team 54 games into the 82-game season. Mitchell and general manager Milt Newton are both filling in on roles once filled by the late Flip Saunders—Newton guides personnel moves as the interim President of Basketball Operations and Mitchell is the interim head coach.</p> <p>Over the break, both men apparently recognized that the best way to secure their future employment was to promote the long-term development of the roster. That meant getting LaVine more playing time at his natural shooting guard position, buying out Martin and point guard Andre Miller, curbing the minutes of veterans Garnett (who hasn’t played since late January) and Tayshaun Prince, and giving backup point guard minutes to Tyus Jones.</p> <p>The result has been bountiful offense, especially from the starters, and cringe-worthy defense. But the biggest takeaway for the future has been the synergy between Rubio and LaVine.</p> <p>The new back court tandem was unveiled in game 54. According to the ten-game increments, Rubio shot 41.5 percent from the field in games 51-60, and 44.6 percent in games 61-70—in other words, he has improved his field goal accuracy in five straight ten-game increments.</p> <p>But that’s only part of Rubio’s improvement. His three-point percentage rose to 35.0 in games 51-60 and then bumped up again to 39.5 in games 61-70. And his free throw percentage rose to 88.7 percent in games 51-60 and a stellar 93.3 percent in games 61-70.</p> <p>That quality of accuracy is further buttressed by quantity. After never shooting more than 39 free throws in any ten-game increment before the All Star break, Rubio took 62 free throws in games 51-60 and 45 more in games 61-70. After never shooting more than 26 three-pointers in any ten-game period before the break, he launched 38 treys in games 61-70.</p> <p>What does all this mean? Well, if you look at True Shooting Percentage — a comprehensive statistic that factors in two-pointers, three-pointers and free-throws (one-pointers) — Rubio is singeing the twine with a 61.8 TS% in the 17 games since the All Star break. The average TS% in the NBA this season is 54.1. The most accurate team, the vaunted Golden State Warriors, have a collective TS% of 59.2.</p> <p>Nobody reasonably expects Ricky Rubio to continue to outshoot the Golden State Warriors much longer — there will be some regression to the mean. But the presence of LaVine and the absence of injury will almost certainly elevate that mean.</p> <p><a href="http://www.basketball-reference.com/play-index/plus/shooting.cgi?player_id=rubiori01&year_id=2016&advanced=lineups&teammates=lavinza01-on&opponents=" target="_blank">According to the stats at Basketball-Reference.com</a>, Rubio shoots 39.5 percent from the field when paired with LaVine and 36.5 percent when LaVine is on the sidelines. From three-point range, the numbers are 33.8 percent with LaVine and 30.8 percent without him. The percentage of buckets when Rubio is assisted rises to 51.5 percent when LaVine is with him compared to 42.6 percent without LaVine.</p> <p>It is interesting to note that Rubio’s improved shooting over the past two months has not been dependent on LaVine, however — his two-point accuracy over that span is actually a little better in the (relatively few) minutes he plays without LaVine.</p> <p>As might be expected, the presence of Rubio feeding him dimes has been very good for LaVine’s offense. He is shooting 39.1 percent from three-point range and 49.1 percent overall with Rubio and 38.1 percent from deep and 43.1 percent overall without Rubio. Most significantly, 66.9 percent of his buckets are assisted when alongside Rubio, versus 32.4 percent when someone else shares the backcourt.</p> <h4><b>A 'quietly unbelievable' season</b></h4> <p>Let’s flash back to the postgame comment from Mitchell the other night. He specifically cited all the work Rubio has put in to retain his resilience and stay on the court this season. Indeed the other knock on Rubio aside from his poor shooting has been that he can’t stay healthy.</p> <p>But after missing six of the first 17 games this season, Rubio has suited up for every game since the first of December. Give a hat tip to Arnie Kander, the legendary concoctor of potions who serves as the Wolves vice president of sports performance, for helping Rubio stay fit. As Mitchell notes, however, much of the credit belongs to Rubio himself.</p> <p>Even as Rubio starts to put his shooting and health problems behind him, the typically stellar aspects of his play have actually improved as well this season. He is simultaneously averaging more assists and fewer turnovers than at any point in his career. Analytical measures such as PER and Win Shares are career bests.</p> <p>And where it matters most — impact on the team — Rubio is second only to Garnett in overall Net rating. The Wolves perform 10.3 points better per 100 possessions when he plays compared to when he sits.</p> <p>On the cusp of his prime at age 25, Rubio is having, as Mitchell puts it, a “quietly unbelievable” season. </p>
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Intrinsic value is the calculated value of the company and may differ from current stock price. If intrinsic value > current price, price increase is expected in the future to reduce the gap and vice-versa
Current price is more than the intrinsic value
ROE vs FD rates
Fixed Deposit rate is a virtually risk-free rate where the investor assumes almost no risk on their investment. If stock's long term average ROE is lower than this rate, investors are better off investing the amount in a FD
A dividend is the distribution of reward from a portion of company's earnings and is paid to its shareholders. Good dividend returns indicate good health and outlook for the company
Entry Point
High demand for a stock increases its price. If the price is pushed up to a level which is not justified, then it's considered to be in the overbought zone, which is not a good time to buy the stock
Not a good time to invest, stock is in overbought zone
ASM and GSM lists are measures to safeguard investors against volatility and unjustified stock prices. Pledging holdings means taking loans against held promoter shares. Stocks in ASM/GSM list or with high pledged promoter holding should be handled with caution. Unsolicited tips are sometimes circulated to manipulate the market. Beware of these stocks
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This week, Malaysia entered its second nationwide limited-movement lockdown (with the exception of a few states) as a way to combat the new wave of Covid cases. I have to mention this because coincidentally:
1. My big brother got married last weekend
And on the same day this second CMCO is announced, too. My brother Hisham and his wife Cu had gone on quite the rollercoaster of emotions prior to last weekend: first, they had to change the original date and venue of their wedding during the first nationwide lockdown, which started in March. After a few months, we all relaxed a little as cases went down to a single-digit daily, and my brother and her then-fiancee's new late November wedding plan seemed achievable.
But the cases then spiked horribly, causing Hisham and Cu to rethink their wedding plans again. In the end they moved up their solemnization a couple weeks early, with only about ten guests allowed from each side during the ceremony. Letters from the police and careful travel planning were involved, as my family had to travel hours to the venue, which was the best part of their solemnization: the beautiful beach of The Westin Desaru. The hotel is very near to where Shah and I currently live, which made planning all the more smoothly for our family.
It might have been on a spectacular beach but it was also one of the most low-key, loveliest solemnizations I've ever been to, where thankfully the early morning sun was hidden beneath some clouds so it was nowhere near as hot as we feared. We all had our masks on, with distance between guests, and everyone had a delicious breakfast buffet afterwards (in which guests did not take their own food from the breakfast bar but had the food passed to them — SOP still all around in place for the event!). Hopefully, I'll get to share some photos of the special day in a post here soon, but if you're interested in a sneak peek, check out this Instagram post.
On that note, I can only imagine the feelings of future brides and grooms who have had to postpone their wedding plans due to the pandemic, but I can understand not wanting to wait anymore to embark on that lifelong journey together when you've found the right person to do it with. I pray that they be granted ease in planning their future in these tough times.
Of course I wanted to look decent on my brother's special day! With some of the makeup products I have here in Johor already expiring, I had to make a stop at a pharmacy (where affordable makeup brands are stocked in Malaysia) to get some old faves and other products necessary for my brother's special day.
I'm not sure if "newest" is the right word here as I finished both TV shows in the past two weeks but "obsessions" is the correct word alright. I don't remember how to play chess anymore (oop) but that didn't stop me from appreciating the suspense and all of the grandeur The Queen's Gambit has to offer. Such a beautifully made show that I would recommend to anyone, regardless you're into chess or not. Anya Taylor-Joy definitely did not disappoint here, and the young Isla Johnston is tremendous.
Another show I was surprised to obsess over: Cobra Kai. I thought the original Karate Kid with Mr Miyagi was just OK, which is why I didn't expect the spin-off to be so addictive. It's nostalgic to see Ralph Macchio and William Zabka back as Daniel and Johnny but the actors playing the main students of the dojos in the show are the real stars to me, and I love Courtney Henggeler as Daniel's wife. (She also played Sheldon's twin sister in The Big Bang Theory, by the way.)
I've been staying at home SO MUCH and it's just puzzling how I've managed to put reading off as long as this; wondering how did I even let this happen to my bookworm-self? I was on such a roll with Jack Reacher earlier this year so I am so pleased to be back on it with Gone Tomorrow, the 13th book in this Lee Child's series.
• • • • • • •
So, what's been happening with you?
Comments
shanaz@RS November 25, 2020
Hi bookworm sis! Heheh, it's so nice to read on the computer these days that I forgot it can never take the place of a book. In fact, I went to the bookstore masked on to be around books just now and I found a book by an Irish author named Donal Ruane that I seriously need to read! It's lovely that your bro's wedding took place at the beach and it was held in a very socially-responsible manner. As for the makeup, I'd love to see you do a tutorial on the whole look if you're into it! :D xoxo
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Liyana Aris November 28, 2020
Oof I haven't done a post on makeup tutorial in so long, but I'll see what I can do!
This is the first time I've heard of Donal Ruane. Did you just browse and found that you like his (or her?) book? I had a conversation with a friend on Instagram about authors we like, and I was saying I have a habit of sticking to books written by authors I already love. Can't remember the last time I picked up a book just because it looked interesting - I'm sure I'm missing out on so many good books!
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I'd love to have a conversation with you about my post. Please share your thoughts & I'll reply as soon as I can!
Hi, I'm Liyana
I'm a style & lifestyle blogger based in sunny (and ever humid) Malaysia. On The Good Weekender, you can find typed journals of my evolving modest personal style, travel adventures, skincare/beauty updates, home decor things, and stories of other bits and pieces of my everyday life. I hope you'll enjoy flipping through these pages of my virtual book!
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Truepill is powering the future of direct-to-patient healthcare. Working with accredited pharmacies, labs, and providers across the country to provide unmatched access and convenience for patients, Truepill seeks to modernize healthcare with the industry's first pharmacy API. In 2019, they were featured in the Forbes “Next Billion-Dollar Startup” list. And with innovative healthcare partners joining their mission at a breakneck pace, their prospects are only looking brighter and brighter.
The growth team at Truepill maximizes its reach by understanding its partners, and this relationship starts with their Business Development team’s first call to prospective partners. Kicksaw and Truepill worked together to streamline the discovery process. With a click of a button, the Truepill team now has access to pertinent questions that are tailored to the solution they are working to provide for their future partners. The bespoke intake form covers deal size, technical specifications, industry, packaging requirements, and patient journey.
Kicksaw created an intake form perfectly suited to Truepill's needs.
The diversity of Truepill’s offerings presented some interesting technical challenges in delivering a questionnaire that asks pertinent questions at the right time in their discovery process. The Truepill team brought a clear vision, and Kicksaw was able to leverage technology and experience to bring that vision to fruition. What started as seven sets of questions transformed into a highly tailored experience with many paths.
Jim Curran, Sales Operations Evangelist, put it this way: "I knew when we started his project that I needed a partner who not only knew the Salesforce side of the problem, but would take the time to understand how we go to market with our solutions. Various groups within the company had a critical need to understand potential projects and how we would bring our solutions to the table to solve our customer's problem."
Truepill's partnership with Kicksaw produced an easy-to-follow process with an actionable output. The end result is that their enablement teams, legal teams, sales team, and finance team all have direct visibility into Truepill's discovery process. They move faster and with better precision in creating partnerships that bring unmatched access and convenience for patients.
"Kicksaw took the time to do a deep dive in discovery on the project and presented me with multiple options along with the pros and cons for each option," said Jim. "Ultimately, we were able to land on a solution that allowed us to gather the appropriate information, reduce complexity of the process, and provide a positive user experience."
What started as an overwhelming amount of data that we needed to gather was engineered to ask only the appropriate questions at the right time during the sales cycle. The Growth Team was happy because they only had to answer the questions once, and the Finance, Product, and Legal teams were happy because they got the answers to the questions they needed to drive their processes.
Atrium leans on Kicksaw for help with Salesforce optimization
Atrium creates data-driven sales management software that helps sales organizations, along with those organization’s sales managers, sales leaders, and reps, use metrics and data to improve their team’s performance. Atrium’s software integrates with their customers’ CRM solution through a read-only connection. From there, customers can take advantage of Atrium’s 100+ pre-baked KPIs that are ready to go out-of-the-box. Atrium then continuously monitors those KPIs in order to tell managers and leaders what’s working well and what isn’t. This means that sales managers and leaders can spend their time changing rep or SDR behavior to chase further improvement rather than digging around in a bunch of dashboards to figure out what’s going on. Atrium employs about 40 people, and they work with a few hundred customers, mostly organizations that have between 10-300 salespeople.
Osso VR brings virtual reality to the health care industry with the help of Kicksaw
Osso VR is a surgical virtual reality company. They build virtual reality experiences and modules specifically to help surgeons and other clinical professionals train in a surgical environment. The key benefit of training in virtual environments is that surgeons can practice in a virtual, safe environment and get a very realistic surgical experience before they’re practicing on patients for the first time.
Optimize your business software suite with help from our team of experts. When you work with Kicksaw, you work with a highly engaged group of creative engineers, architects, and project managers to create the best strategy for your business' unique needs.
Want to learn more about our Fractional Operations business model? Wondering if our experience is a good match for your business needs? Drop us a line and we'll be in touch!
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You might have the most compelling vision for your organization, but if you can't get it out of your head and get others to see it and believe in it, it might as well not even exist.
Here are 5 ways to bring your strategy to life:
Write it down
Put the strategy on a single piece of paper. Let it serve as a strategic framework from which all leaders and employees operate.
Share the strategic framework and ensure your leaders are aligned. Give leaders the context behind the strategy so they understand how you got there. Ask them to make the strategy relevant for their teams.
Use it consistently
Use the strategic framework consistently in your communications with employees. That way, it becomes familiar to employees and they see what’s happening and how it ties to the strategy. They’ll know what’s important when they see and hear it from multiple sources.
Update and communicate
As your thinking evolves about the strategy (quarterly, annually, etc.), update your framework and communicate regularly so employees are in the loop and understand the reasons behind decisions.
Celebrate “wins,” always connecting back to and reinforcing the core elements of the strategy.
In what ways do you bring your strategy to life?
Get strategies for motivating and engaging employees through a dramatically changing work environment and business challenges of the past year. Click below to download your free copy of the eBook—12 Tips for Employers to Navigate the Future World of Work—today.
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St Paul (KROC AM News) - The Minnesota State Patrol has joined law enforcement agencies in the Twin Cities in cracking down on “dangerous street races and exhibition driving” in the Twin Cities that began during the pandemic last year.
An enforcement effort last Friday resulted in nearly 30 tickets and the State Patrol released a video of one of the incidents the agency was involved in.
Numbers show there is no slowing down on Minnesota roads as tens of thousands of speeding tickets have been written and the number of speed-related deaths is notably higher this year.
Since Memorial Day, nearly 80 people have been killed in traffic-related incidents, much higher than during the same period last year and the most since at least 2017.
The Minnesota Dept. of Public Safety says preliminary reports show 217 people have died on Minnesota roads so far this year and 87 were speed-related. That's 40 percent of all traffic fatalities.
The 87 speed-related fatalities through July 9 compares with:
54 in 2020
31 in 2019
58 in 2018
44 in 2017
Through July 8, Minnesota state troopers have written 45,000 speeding tickets this year. Nearly 650 of the speeders were going 100 mph or faster.
Here's a newer one.
Extra speed patrols will be on Minnesota roads through July 31.
News update: A new bridge in downtown Rochester?
You Can Own this Peaceful Private Island in Minnesota for Just $600,000
For less than a million dollars you can buy your own private island and a home to go along with it. It's located in northern Minnesota on Wasson Lake and is for sale for $600,000.
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I found this article written by Mike Geary ~ not that I’m on board with everything he claims to be truth, but a well written article non the less.
Here are some highlights:
Most of what is labeled as “vegetable oil” is simply heavily refined soybean oil (processed under high heat, pressure, and industrial solvents, such as hexane)… sometimes perhaps it may also be heavily refined cottonseed, safflower, corn, grapeseed, or other oils too. In most instances, almost all of these processed oils are NOT HEALTHY for you.
The problem with soybean oil, cottonseed oil, corn oil, safflower oil, and other similar “vegetable oils” is that they are mostly composed of polyunsaturated fats (the most highly reactive type of fat) which leaves them prone to oxidation and free radical production when exposed to heat and light. Processed polyunsaturated oils are the most inflammatory inside our bodies because of their high reactivity to heat and light. This inflammation is what causes many of our internal problems to develop such as heart disease, cancer, and other degenerative diseases.
Note: It’s ok if a polyunsaturated fat source isn’t processed such as in whole foods like various nuts and seeds. Your best bet is to choose raw nuts and seeds whenever possible to avoid the oxidation of polyunsaturated fats that can occur during roasting of nuts and seeds.
Here’s the actual order of stability of a type of fat under heat and light (from least stable to most stable):
1. polyunsaturated 2. monounsaturated 3. saturated
Saturated fats are actually the healthiest oils to cook with!
This is why tropical oils such as palm and coconut oils (and even animal fats such as lard and butter) are best for cooking… they have very little polyunsaturates and are mostly composed of natural saturated fats which are the least reactive to heat/light and therefore the least inflammatory in your body from cooking use.
Saturated fats from tropical oils are actually good for you as they contain mostly medium chain triglycerides (MCTs) which are lacking in most people’s diets. In fact, lauric acid is one of the abundant MCTs in tropical oils and is known to strengthen the immune system. Lauric acid is even being studied currently in medical studies for controlling contagious diseases.
So based on this article I’ll be using the following:
A. Organic Coconut Oil (very stable at med-high temps and healthy fats) to cook with
B. Extra Virgin Olive Oil (only for low temp cooking) to make my salad dressings
C. Real Butter (grass fed butter) to bake with, but if I’m out I will use my Coconut Oil
You can get a huge 84 oz tub of Extra Virgin Organic Coconut Oil at Costco for $19.99!! It’s the best deal in town
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It is possible to get lost on an island with only 120km of paved road. I just did… For about 6 weeks. Haida Gwaii lies right on the edge of the continental shelf and about 100km […]
Magic and Madness. Or something in between.
by cyclingdutchgirl
Posted on August 20, 2015 October 8, 2015
Canada
Prince Rupert in August is a fair bit more pleasant than Prince Rupert in December. For a town that get’s 229 rainy days a year it was surprisingly sunny, and I got to catch up with […]
Mum & Dad visit Canada
by cyclingdutchgirl
Posted on July 26, 2015 August 20, 2015
Canada
The weather has been utterly glorious for about two months now! so guess what I did… ABSOLUTELY NOTHING. Ok, not completely true, but I have left my bicycle in Prince Rupert to have a vacation […]
the Weird and the Wonderful
by cyclingdutchgirl
Posted on June 27, 2015 November 10, 2015
Canada
Not all too surprisingly Canada is lovely in summer too. Although the extremely brief transition period between winter and summer seems to confuse nature too. It’s a strange feeling to be sweating and hot and […]
Downhill to Alaska! (and uphill out)
by cyclingdutchgirl
Posted on June 9, 2015 July 24, 2015
Canada
It is all downhill into Alaska. Just before crossing the border I had met the fox. And even luckier, I met Mason. Who just happened to be up there taking photo’s, not necessarily of me […]
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This blog is my best effort at providing some balance to the increasingly strident healthcare lobby that seems intent on scaring everyone about almost everything. Is there a foodstuff that is safe to eat anymore? Is there any activity that does not cause cancer or heart disease?
This constant haranguing about health has had an impact. It was first noticed by a US doctor called Clifton Meador.
‘Nothing has changed so much in the health-care system over the past twenty-five years as the public’s perception of its own health. The change amounts to a loss of confidence in the human form. The general belief these days seems to be that the body is fundamentally flawed, subject to disintegration at any moment, always on the verge of mortal disease, always in need of continual monitoring and support by health-care professionals. This is a new phenomenon in our society.’
Just as I was writing this introduction, a story about cervical cancer screening appeared on the BBC website.
‘Women diagnosed with cervical cancer as a result of a smear test have a far better chance of being cured than women who do not go for tests, a Swedish study suggests. The researchers found a 92% cure rate after a smear test diagnosis, compared with 66% for symptoms-based diagnoses.’ http://www.bbc.co.uk/news/health-17221910
So, there you go. Women, you must get screened, or you are going to die of cervical cancer. YOU HAVE BEEN WARNED! YOU MUST BE REGULARLY CHECKED.
But what does those figures actually mean. One thing I can guarantee you is they do not mean what you first thought. It could mean that cervical screening is a good thing. It could mean that screening is a bad thing. Stay posted.
This is a common finding. Things that look like clear cut benefits turn out to be something else completely, as beautifully highlighted in a book on mammography screening by Dr Peter Gotzsche ‘Truth, lies and controversy.’
In a world where the truth can be, literally, turned upside down, how can you know what to believe, and who to believe? This blog will represent my attempt to dig down to find the meaning behind the headlines.
‘We must remember this, in spite of the blandishments, threats, warning and various campaigns by governments to make us eat this eat or that, to forgo a familiar habit or to exercise ourselves until we drop. It is a sobering though, first expressed by John Locke in 1689 in his treatise ‘A letter Concerning Toleration’: ‘No man can be forced to be healthful, whether he will or no.’ In a free society, individuals must judge for themselves what information they choose to heed, and what they ignore.’
Patty Spanier April 19, 2012 at 7:41 am
Excellent, so glad you are blogging. Your Youtube video was excellent. Keep up the good work.
smartersig December 1, 2013 at 9:18 am
I had a heart attack 7 months ago after returning from one of my regular 3 mile runs. The angiogram showed my main arteries to be OK but a slight narrowing of a minor artery which they suggested should be stented. I had to make a decision laying on the op table so I agreed. I was given the usual dose of 5 drugs to take which I took for a month but after careful research decided to follow a dietary regime (no dairy no sugar and no meat). I have lost 2 stone and I am now the weight I was 25 years ago. However I ran into problems with my Cardio. He did not like what I was doing as I had taken myself off all but aspirin and Tacigrela (spelling?). He did however think it useful to refer me to the lipid clinic for an MRI stress test to see where I was in condition. I thought this an excellent idea. On arrival the chief doctor at the clinic berated me for not taking statins and when I was unrelenting he discharged me from the clinic and the next day I received a letter stating that the stress test had been withdrawn and was no longer available. This has made me quite depressed and has caused great stress to me and my family. I wish I could find a doctor who at least has sympathy and knowledge of a dietary approach to heart health instead of being constantly as some sort of crazy Google obsessed person. Do I have to go to America to get the test and service I need ?.
Dr. Malcolm Kendrick Post author December 1, 2013 at 2:15 pm
This is a depressing little tale, but I hear such things all the time. Doctors should not refuse treatment to people who refuse to follow their ‘orders’. Indeed it is against the Geneva Convention, and should result in action by the medical authorities – but it does not.
Marcia August 24, 2021 at 10:01 am
The only people we are at war with are idiots like you.
Janet September 3, 2021 at 11:31 am
005lesfrenes February 17, 2022 at 2:41 pm
And who exactly are you to be putting Dr in quotation marks? And why be so insulting of a man, with medical qualifications and tons of clinical experience, who tells it like it is, based on years of research, and saves lives? What, pray tell me, is your achievement in life? And if you so dislike what Dr. Kendrick writes, why do you bother reading his blog?
Ess March 5, 2022 at 10:30 am
I don’t think Dr Kendrick was as far off as you make out Marcia. Some of the principals of the Geneva Convention have been incorporated into the international Code if Medical Ethics.
rpmcruz September 16, 2021 at 4:50 pm
I think you meant “Declaration of Geneva”, not “Geneva Convention”
Katie July 24, 2014 at 6:00 am
Smartersig would be hard pushed to find a doctor to support his need for knowledge of a dietary approach, to his health problems. One of the most destructive issues in doctor training, which has had a catastrophic effect on how doctors diagnose, is the ignorance of how the systems work, especially the digestive system. If GP’s had this information, they would know, for example, diabetes is a result of damage to the digestive system. With a proper assessment and subsequent treatment, this condition is entirely curable. Yet here in the UK it has reached epidemic proportion???! Are doctors not questioning issues such as this ? It would seem not.
Jennifer Ben-Hamid September 8, 2020 at 10:29 am
Totally agree with that. UK Medicine is pre-historic and out of date. All disease starts in the gut. You can cure yourself by detoxing the body and taking herbs. Not an easy root but it’s natural and you end up feeling fitter than ever and look younger than ever after it. Now that is what you call healing. Stop the drug pushing and start working with patients in a holistic way. Probiotics should be prescribed to take straight after any antibiotic, if they have to be prescribed. That is a no brainer. If you wipe out all the good bacteria along with the disease how will your stomach digest food properly?
Dr. Malcolm Kendrick Post author September 8, 2020 at 10:51 am
I would agree the microbiome is important. However, to state that all disease starts in the gut is, I am afraid, simply wrong and undermines everything else you say. Just to give one example, Huntington’s Chorea. This is a purely genetic disease (as are many others e.g. sickle cell anaemia). I could provide hundreds of others, but I wish to make the point that to say ‘all diseases start in the gut’ can be disproved very rapidly. If you claimed you could, for example, cure Huntington’s Chorea with herbs you would be dismissed as a crank. As, I fear, you will be
smartersig September 8, 2020 at 12:47 pm
Dr Kendrick would you agree/disagree (forget the difficulty with compliance) that if we radically changed all UK’s diet and you can take your pick here whole food plant based, Paleo, low carb WFPB or paleo etc, that our disease burden would drop to an extent that drug companies could only dream about or perhaps nightmare as they see there customer base disappear
Dr. Malcolm Kendrick Post author September 8, 2020 at 1:58 pm
I would tend to agree
smartersig September 8, 2020 at 2:24 pm
Thanks, I think we tend to get too involved in this Paleo v WFPB war when neither is the Elephant in the room. When I spout the last statement I posted I still get loads of people who deny that food is the main driver of our chronic disease burden. They still think its a statin deficiency or older ages or genetics, take your pick but just give me a pill so I can get back to my Pizza and Ice cream
ann thomas September 8, 2020 at 8:28 pm
i cant make any sense of these emails. i cant find the original email to the Dr and when i read what i have got i dont know what it relates to
Maria December 10, 2014 at 6:57 pm
That is why I refuse all lipid tests
bill February 3, 2016 at 6:58 pm
ah rell them what they want to hear and get checked! When the results come back then tell them you aint taking their poisons!!!!!
Liz March 6, 2016 at 3:40 pm
I recommend looking at the Institute for Functional Medicine website and finding a doctor who has trained with them. Hopefully there maybe someone near to where you live. They are doing a great job in working with traditionally trained doctors to educate them in preventative medicine. Based in the USA but do offer training in the UK usually annually. I attended last year and was heartened to see some G.Ps there.
Shona B January 16, 2017 at 10:47 am
I am self medicating on Natural Dessicated Thyroid & every time I see my GP or Endocrinologist it ends up in an argument. I am informed & choose a better health option, & they do no like it one bit
Bill In Oz July 10, 2017 at 11:11 pm
Something very similar happened to e here in South Australia with a cardiologist from Bangladesh. If I would not take statins ( Crestor ) he ‘referred’ me back to my GP. I think he was ignorant and arrogant. As an Aussie I could express this is far more ‘interesting & forthright’ way. But as this site is primarily for UK & especially Scots folk, I will not say it here.
Dr. RM Fleming, PhD, MD, JD May 15, 2019 at 10:32 pm
I published in JACC that the visual reading of coronary angiograms are flawed. Qualitative interpretation is misleading.
sam December 13, 2020 at 9:31 am
look for a doctor in Harley St. Private doctors are more likely to help. Also read Dr Mercola web site as there’s load of useful info. For blood thinners try arginine and proteolytic enzymes to break down plaque
smartersig December 13, 2020 at 10:25 am
Thanks Sam I am familiar with all those
I take daily Kyolic aged garlic, Vit B12 & Folate and Krill oil
I also top up on Vit C
My diet ash switched to generally whole food plant with fish although on the odd occasion I have meat if for eg at a friends house and there is nothing else
The change in eating was a revelation. Eating as much as I wanted I dropped from 14st to 11st 8lbs in 4 weeks (the weight I used to be in my twenties)
I try to consume fermented veg as well now eg Kimchi and sourkraut and avoid bread although the odd slice is hard to avoid eg beans on toast or mackrel on toast
One of the main problems I find with some supp’s is that they can upset your stomach so for example Arganine does that as does CoQ10
If I could sum up my eating in a sentence it would be I used to eat a main course and a desert, now its a starter and a main course
Martyn Sinclair February 15, 2022 at 11:26 am
I had an identical story .. luckily I came across Dr Ford Brewer who is going great great work in the area of “ new cardiology” .. check out his many you tube videos and highly recommend his eeekly live podcasts where you can actually ask specific questions to him live .. I’m well on the path to recovery and reversal ( yes it is possible ) of my atherosclerotic plaque… low carb , low bmi , healthy lifestyle ! Good luck
smartersig February 21, 2014 at 6:53 am
Thought I would share my experiences of a heart attack, the NHS and a dietary approach here
Maureen Berry February 23, 2014 at 12:56 pm
Smartersig, thank you for your account. It is interesting and the response from your Cardiologist is disgraceful, I hope your MP is supporting you. I thought that we, as patients, had the right to ‘Choose and Book’. Isn’t it time that somewhere, somehow, there should be a database of Statin sceptical doctors – and especially Cardiologists, surely they can’t all ‘believe’. Even an open minded one would be good. What do you think, Dr Kendrick, does such a list exist?
Katie September 11, 2014 at 7:50 am
Today with the NHS in such a state of disarray, it is heartening to hear how yourself and group of fellow GP’s, are finally questioning certain aspects of your profession, in relation to what works (for the benefit of the patient) and doesn’t work. It’s obvious to most of us, there are some seriously flawed measures masquerading as trusted treatments, which have helped to bring the NHS to near bankruptcy, while causing unspeakable, chronic suffering to so many. Turning patients into “customers” is a prime example of this. Perhaps this is where the changes need to start. It is fair to say, if the necessary changes are not made by GP’s, the already massive number of ill people who inhabit our shores, can only worsen. Who would want an island that is so full of sick people ( without drastic changes this is where we are going) the affects will encroach on every aspect of all of our lives . What a thought ! Is this really what we want for the future?
Not to mention the terrible (all too often unnecessary ) suffering, loss, poverty, family strife etc inflicted on these individuals, through ill thought out, and often dangerous, routine medicinal intervention.
Trying to turn the tide could be seen as a mammoth task. But with such tasks, it only takes a few to start the process. So this has got to be good news.
In time the results could be awesome.
Good health is not everything,but without good health,
Everything is nothing.
Katie July 13, 2015 at 6:51 am
Malcolm in his latest missive, highlights the catastrophic errors which run thick and fast through the UK health system. CFS and it’s many other names, is not a disease, it is a label. When doctors label ill patients instead of identifying the root cause of their presenting signs and symptoms, they are a thorn in the flesh of so many individuals, whose chances of living a normal pain free life, has been taken from them.
The fact that so many doctors, throughout the system, appear to be on the side of the “labellers” is cause for deep concern.
Thankfully there has been a massive wake-up call and people see doctors as pill pushers, more interested in swelling their coffers, than doing the right thing by the patient.
The pharmaceutical industry could not have swelled to the colossal business present state it is today, without the full and willing co-operation of GP’s GP’s………………they need, collectively, to examine their conscience.
They sold us all down the river for their thirty pieces of silver…………….and so it continues.
Mr. I Prior. August 28, 2016 at 7:02 pm
Hi…sorry if this is in wrong place. I am reading Doctoring Data”…..pg 44 stats at the top…0.0025% of people die from mouth Ca. Further down the page…”0.0048% die???..I must be missing something. thanks.
Dr. Malcolm Kendrick Post author August 29, 2016 at 3:52 pm
Could you check you are reading it right? I think I was trying to make an additional point. Hope I did not get it wrong.
Mr. I Prior. August 29, 2016 at 7:16 pm
Hi…thanks for taking the time to answer. I can’t seem to get the working out.
joe September 6, 2020 at 7:27 pm
Thanks so much for this blog and especially the math error article l% — .1%. the numbers have never supported the fear or policy. This explains to me the feeling Ive had all along that something is simply wrong . Thanks from everyone for publishing these errors. Lets hope that correcting them won’t take long. Lives are at stake.
Susan Allen April 19, 2012 at 10:51 pm
I have recently been told that I may have fh I am a woman of 55 not over weight or high blood pressure – the Dr at the Lipids dept wanted me to go onto Satins – I said I did not want to go on I mentioned your book – and of course she said all the negatives – my total cholesterol is 7.3 but when broken down the LD is 5.4 which i said to her is not that high – she nearly hit the roof – so i am now having a genetic blood test – but I have read so much about statins i do not what to go on these and other research i have read says that it is better to have high cholosterol if you are a women? Should I keep to my beliefs.
Dr. Malcolm Kendrick Post author April 20, 2012 at 8:26 am
As you probably know, it is difficult for me to give any individual advice, as much as I would wish to. Yes, your GP will think that an LDL of 5.4mol/l is very high. It is higher than average, and would generally be considered to be within the realms of familial hypercholesterolaemia (FH), so your doctor will put you under great pressure to take statins – as this is what the guidelines say. I did, however, write an article/debate in the BMJ where I make the case that in primary prevention (for women who have not have a stroke, heart attack or suchlike), that statins do not provide any benefit on heart disease reduction, or overall mortality. Therefore, clinically, there is no indication to take them. The data would support this position.
Paula Roughton September 28, 2014 at 10:02 am
Dr Malcolm Kendrick, I am a very scared lost 42 year old female, never smoked, never been overweight, normal blood pressure but high cholesterol which I believe is FH was on statins 4 years with no significant change I LDL. recently had typical angina pain after recent stressful period I did not think anything too serious. 5ft 4 and weight 9st 11 32% body fat. However recent CT angiogram showed moderate LMS and moderate proximal LAD stenotic disease, I worried which probably making myself worse. Due to have further evaluation with catheter. Any advice greatly received
Jo January 8, 2015 at 7:46 pm
Dr Kendrick can you give any advice as to what can help with FH since it does tend to lead to heart disease as mentioned in your cholesterol con book? I don’t want to take statins either after reading your interesting book but feel this is the only piece of advice GPs are willing to give??
Many thanks
smartersig December 2, 2013 at 10:42 am
It strikes me that when we are faced with he decision over drugs or not drugs we should first look at lifestyle and then perhaps resort to drugs if changes have not worked. Of course in chronic cases we may not have the time for this. My preference is to look at populations that have little or no heart disease and try to adopt their habits as much as possible. I am currently reading a book about a study done on the people of Okinawa. Their diet and lifestyle seem to be the obvious answers to their longevity and health. In a nutshell it revolves around little or no sugar, little or no dairy and little or no red meat. Lots of veg and some fruits. They also value exercise, such as Tai Chi (I would recommend Yoga). They also have strong social support networks. In other words, the usual suspects. Of all the above I personally think sugar is the big culprit. Hope this helps
Afifah December 2, 2013 at 11:17 pm
Hi Smartersig, I think you have to be pretty careful when reading things like the Okinawa stuff. Turth is, you can not be Okinawan, however much you’d like to be, so any attempts to be like them are probably going to end in failure. However, you are right to check out their dietary norms and see if they stack up with evolutionarily probable food choices: sugar is a relatively recent phenomenon so has to be ditched, as new fangled and therefore not likely to have a plce. Dairy products, likewise, although these foods are not essentially alien to us as milk is part of every mammal species’ earliest experience. Red meat… well that was almost certainly part of our distant ancestros’ diet, as evidenced by the cave paintings in Lascaux and other palaeolithic sites, do don’t knock the red meat. It cannot possibly be ‘bad for us’ as we have always eaten it, obviously. However, what the Okinawans don’t appear to eat is processed and packaged foods, such as ‘ready meals’, biscuits, sauces in jars, packeted and tinned foods, or ‘the displaceing foods of commerce’ to quote Weston Price, that astounding researcher in the 1930s and author of ‘Nutrition and Physical Degeneration’ revealing the fruits of his phenomenal tour de force in actually visitin and examining tribes around the world before and after they were introduced to such commercial ‘food-like substances’. Current processed foods are so dead that if anyone ate them as they are, without being embellished with sythetic flavourings and preserveatives, they would simply spit out the cardboard that it is nearer to, but their tongues are tricked by these clever manufactured chemicals, and they even get addicted to them, eating more of them than they would proper foods, in an attempt to actually gain nutrients, which are so diluted with highly refined grains and industrially extracted vegetable oils (both of which are totally toxicand have no place in our evolution)so they ge tall the harms and none of the nutrients that they were seeking. )
Ooh, the page is jumping around such that I can not continue this post. I wonder how it will come out. I hope people will be able to read it, but I can’t now, and have therefore lost my thread entirely.
Maria December 10, 2014 at 7:01 pm
My goodness. You make the decisions for yourself. You are in charge of your body. No one else really cares. They only want to sell their wares. Stick to what you have researched and learned. The more you learn the better your decisions. Be your own advocate. Stick to your guns!
sam December 13, 2020 at 9:33 am
have you had your thyroid (T3) checked? thyroid is low when cholesterol is high
Susan Allen April 20, 2012 at 8:41 am
Thank you for your answer – they are also my thoughts I will try and get a copy of that article and take it along next time when I get my results of the Genetic Blood Test.
Keep up the good work
Susan Allen October 31, 2012 at 11:55 am
I wrote to you in April and I have just had my appointment at a London Hospital Lipids Dept – I had a test for Familial Hypercholesterolaemia – and it came back that it was not confirmed. my TC of 7.5mmol/L and LDL-C of 5.3mmol/L. As you can immagion they wanted me to take statins – I told her about your book and other reserach that I had read regarding woman and Statins – she said that people jump on the bandwagon and they have no science background. I kept my ground and said No due to having nothing wrong with my heart and being well otherwise blood pressure and weight all fine. The Dr said she did not know what to do with me and suggested seeing me in a year. The Dr then said to me – why did you have the blood test in the first place? I said I did not know that this is the road that I was going to go down – I had the initial blood test in a Library!!! So I do understand what you must battle against in the world of medicine as from just my few appointments you feel very wrong if you have any information outside the usual box. Kind regards Sue Allen
David Morris May 18, 2012 at 8:38 am
I am by profession what is called a Cardiac Physiologist, previously know as a Cardiac Technician. I am currently reading your book “The Great Cholesterol Con” which is at the very least fascinating. I don’t like taking drugs of any description myself and am being forcefully pursuaded to take Statins by my GP. I do in fact have a so called high TC at 6.9 with high LDL and low HDL so a ticking (no pun intended) time bomb apparently. My father died at the age of 63 from an anterior MI and my maternal grandfather at 67 also from an MI. My paternal grandfatherblived to a ripe old age. I have for many years had difficulty with current mainstream thought on what causes heart disease and so your book is a breath of fresh air to me. My reason for writing to you today is to ask, if I may, one question. Will you be producing a response to the news yesterday of a paper published in The Lancet that Statins are wonderful and should be given to everyone over the age of 50 (OMG, and I am 60 this year)? The news of this paper increased both my systolic and diastolic blood pressure to “real” unhealthy levels. If you will, and I do hope so, be publishing a response, would you be able to let me know when and where I might be able to read it?
Thank you so very much for sticking your neck out.
With very best wishes,
Dr. Malcolm Kendrick Post author May 18, 2012 at 9:08 am
thanks for your message. I am looking through the Lancet paper at present. It is written by one of the usual suspects, Professor Colin Baigent, who works at the CTSU with Rory Collins and the rest of the crew who run major pharmaceutical trials – mainly on LDL lowering and/or HDL raising. This group receives tens of millions in pharmaceutical funding and thus, I suppose, I would consider them financially conflicted.
(SHARP) was about £35M, to be paid over the period 2001- 9.Since 1997, Merck has also provided
grants for three other major independent CTSU trials, the Heart Protection Study (HPS, 1993 – 2007),
the Study of the Effectiveness of Additional Reductions in Cholesterol and Homocysteine (SEARCH, 1997 – 2009)
and Treatment of HDL to Reduce the Incidence of Vascular Events (THRIVE/HPS2,
200513) plus genetic analyses of stored samples from those trials, which total about £70M. http://www.ctsu.ox.ac.uk/news/press-releases-archive/response-to-your-letters
These people also hold the data for all statin studies, as part of the Cholesterol Triallists Collaboration, and will not let other see it. The Cochrane Collaboration reviewed statins in primary prevention, and were not allowed access to ‘confidential’ study data. Here are there words from their review:
‘A limitation of our analysis is that we could not get total SAE data from all the included RCTs.’ http://www.ti.ubc.ca/letter77
In short, we are all rather hamstrung in replying to such a study, because the authors have access to data that the critics cannot see.
Bill In Oz July 10, 2017 at 11:31 pm
Let’s consider that this was happening in a legal setting. The judge presiding would I think treat a witness withholding of evidence as ‘contempt of court’. In the health context it amounts to contempt of the general public : ‘we are the experts I we will only give you such information as we think is good for us, so you believe us. “
robert lipp August 10, 2017 at 12:10 pm
Bill in Oz
and between when Dr K started (2012 I think) and now (Aug 2017) the contempt (by the food and pharmaceutical industries with support from conflicted medical members [Collins]) of the tax paying health system supporting public is increasing as they endeavour to protect their turf.
in summary
“Western Nutrition Guidelines have become ‘vegetarian’ and been based on religious ideology and food industry sponsorship from their beginning. This ideology has resulted in a health, economic and environmental disaster.
All dietetic associations and their advice is compromised by generational education and industry input.
As the www makes it possible to disseminate challenging data, science, and contrarian views (advancing and publicising scientific thought) so there is less and less place for them to hide.
David Morris May 21, 2012 at 11:45 am
Thanks for your reply Dr Kendrick, I hear what you are saying – the madness goes on. If we are not very careful we could end up with the ladies being advised to have mastectomies to prevent breast cancer and everyone being advised to have their appendix out to prevent problems there, where will it end? Perhaps what we need is a pill, or frontal lobotomies, to prevent this insane advice in the first place! But then, who am I?
All my very best wishes with your endeavours.
Alex Carson June 25, 2012 at 3:07 pm
I am a Personal Trainer from London and run my own website, part of my website is a blog on health topics. I am planning to theme weeks by certain topics and have scheduled to have “Fat awareness week” on the week beginning 9th July, where I have been writing about dietary fat and health and am inviting leading authorities and researchers on the subject of dietary fat to contribute a blog post or article that I can publish or republish on the site during that week. I was wondering if you would be interested in contributing something on fat and dietary cholesterol on serum cholesterol levels. I am hoping that having such themed weeks will spread the word of your work and those of others.
I apologise I could not find a contact email.
I look forward to hearing from you,
Healthy regards,
Dr. Malcolm Kendrick Post author June 27, 2012 at 5:58 pm
If you let me know when you are thinking of doing it. I am writing another book at the moment, so I am a bit frazzled at all edges, but I am always interested in torpedoing medical dogma whenever possible.
Andy Weatherburn November 27, 2017 at 8:08 pm
Hmm … I found that it all started with being a bit frazzled at the edges and spiralled downward from there
I am really glad to see you now have a blog. I am going to enjoy reading your entries when they occur. You have some good ones already.
Currently I want to ask you to clarify one of the referances you made in The Great Cholesterol Con. On page 86 you mention the 15 yr Japanese study that was published in Stroke in 2004, but I have been unable to fish this off the internet to read in full. I need it for a presentation I am doing to GPs at my local hospital soon, so if you have a moment could you let me know the full ref details. I always prefer to go to the source materials, as otherwise it’s all a bit like hearsay.
Could you email me back as soon as poss, and I will let you know when the meeting will be held, and give you a front seat! (And a huge acknowledgement of course).
Looking forward to your response ~
Dr. Malcolm Kendrick Post author June 27, 2012 at 5:57 pm
Thanks for your kind words. Blimey, I shall try to get hold of it a.s.a.p. My referencing system uses the well known ‘random’ system, but I shall have a look
Alex Carson June 28, 2012 at 3:07 pm
I had planned for it to be in about 2 weeks from now, but I think it would be best to postpone it to allow people more time to prepare something. I have two entries so far from myself and Zoe Harcombe and am still organising others. So I guess about a months time would be good? Let me know if that is ok. As I would prefer to be able to do it all properly and launch it as a big learning week for everyone.
Arie Brand July 7, 2012 at 5:38 am
I am trying to post something in your “losing faith” thread – but it doesn’t come up and when I try again my computer keeps saying that this is a duplicate post.
Dr. Malcolm Kendrick Post author July 7, 2012 at 6:30 pm
Um,
Sorry, no idea what to do about this. I will get in touch with someone who may know more next week.
Same is happening to me! Afifah
Arie Brand July 7, 2012 at 10:20 pm
Could it be that there is a length restriction on the posts? In that case the solution might be to send them as a series.
Dr. Malcolm Kendrick Post author July 8, 2012 at 12:58 pm
I will try to find out what is happening next week
Eddie Mitchell July 10, 2012 at 4:58 pm
Chuffed to see you have started a blog. Keep kicking butt ! Keep up the great work !
Dr. Malcolm Kendrick Post author July 11, 2012 at 2:48 pm
Thank you very much for you kind words. My butt kicking days are not yet over.
Sue Edney July 11, 2012 at 10:56 am
Hi Malcolm. Your bok “The great Colesterol Con” is wonderful. My husband had a heart attack over 7 years ago and with the help of Afifah came off the pills he was given and has only had her mixture since plus a very hot meal at least once a week. He recently had a Cornea transplant and according to one of the doctors (possibly the aneathatist) the results of his ECG were very pleasing. Keep up the good work. Sue
Dr. Malcolm Kendrick Post author July 11, 2012 at 3:01 pm
Glad to hear your husband is doing so well. It is always good to hear success stories.
Shona B February 22, 2017 at 3:18 pm
Hi, who is Afifah? Thanks
Afifah February 22, 2017 at 5:09 pm
Hello Shona, I am Afifah. I am a Medical Herbalist and Nutritionist practicing in West Sussex, England. I have been in private practice for about 25 years and am a member of the National Institute of Medical Herbalists. I have organised a number of public talks, and at one of these the great Dr Malcolm Kendrick was the speaker. The video of this event is available on my blog, along with other videos of talks as well as a good many fully referenced articles on a variety of matters related to common health and science subjects. I also do a monthly round up of news items that take my fancy, health related that is, as well as some great recipes that can help those who are changing their diet from the current norms of cereal grain based foods to far more nutritionally dense and health promoting foods. You are welcome to visit my blog which is here: http://www.rosemarycottageclinic.wordpress.com or to investigate my clinic website, where the various aspects of my approach are described here: http://www.rosemarycottageclinic.co.uk.
Arie Brand July 15, 2012 at 1:43 pm
I sent a letter with attachment (the blogpost(s) concerned) to malcolm@llp.org.uk, the email address attached to one of your online articles. It came back as undeliverable.
Dr. Malcolm Kendrick Post author July 15, 2012 at 3:52 pm
Send to
Ian Barrow July 24, 2012 at 10:47 pm
I have just read your book and believe what you say.
Both of my sisters and myself have the telltale signs of FH in our eyelids.
Being ignorant I have taken a months supply of statins. I dont want to take any more and my stress levels have escalated by this news of having a TC reading of 8.
You do not mention very high TC levels in your book.
Should I worry about a reading this high?
I dont expect an individual reply but thought it was a significant variation to a previous post and am sure others may have the same concern.
I dont do any of the naughty things like smoking and am of average weight.
Dr. Malcolm Kendrick Post author August 30, 2012 at 2:57 pm
How old are you, do you have a family history of premature heart disease and/or stroke?
Jane Stocker August 14, 2012 at 7:51 pm
I have a friend whose husband suffered a heart attack a few years ago. He was prescribed statins. No surprises there, then. However, she recently told me that his cholesterol levels are now too low to be measured, yet his consultant wants him to keep taking the statins. What is your view? I am a retired pharmacist, and am currently in the process of reading ‘The Great Cholrsterol Con’ which has me completely captivated! At last, the voice of common sense. Thank you.
Dr. Malcolm Kendrick Post author August 30, 2012 at 2:59 pm
Back on line again after a refreshing break. In my view….. if not having any side effects (unlikely) the benefits do exist. Whether or not they are worth taking…. I do not give direct clinical advice on-line. My medical defence union doesn’t like it, and there are lurkers out there, waiting for me to make a mistake.
Jason Shaw August 20, 2012 at 10:09 pm
This may be the longest post yet…
I have recently been informed by my GP that I have a cholesterol rating of 9.5 (!). He told me there was nothing I could do about it – diet/exercise/stress levels not mentioned – and that I must take Statins (40mg Atorvastatin/Lipitor). This worried me, as you can imagine. I’d gone in about a chest infection and had anti-biotics, followed by some steriods (neither worked, more on that later) and came out with Statins. I’m not one for taking pills without good reason and wasn’t keen on the long term prospect of Statins, even though I’d heard somewhere that they were a ‘wonder’ drug. I quickly noticed side effects that I now know are associated with Statins; muscles aches (counter productive as I started running every day to raise my ‘good’ HDL levels!), pins and needles, a strange feeling that I was now a 10 stone weakling, feeling fatigued in the morning (despite plenty of sleep) and the strangest one – forgetting things a few seconds after I had thought of them.
After I read the first chapter of your book I threw them in the bin. The next morning my chest felt much better (Could the 3 weeks on the Statins prolonged the infection?), my muscles don’t ache, the tiredness is gone and I’m starting to feel stronger. I’ve no background of ill health and my weight is healthy (having happily followed a lowish-carb diet for 10 years). My only real problem is neck/back muscles causing tension headaches, for which I’ve popped far to many painkillers over the years. I’ve now had physio that’s helped and do yoga allowing me to wean myself off the painkillers.
However, there’s still the nagging doubt about the 9.5 reading and I wondered if you may be able to shed some light on this? This is a higher rating than I’ve seen reference to and I don’t know of anyone else who I would trust to advise me. I’m 41, don’t smoke, moderate drinker, in shape but minimal exercise at present… am I likely to see 42? I might need some big balls in the stand-off with my GP, who wants it down to under 6.
All the very best, keep up the good work.
Dr. Malcolm Kendrick Post author August 30, 2012 at 3:01 pm
I think that if you are getting severe and debilitating side-effects you may feel that any benefit from statin is not worth the cost. In primary prevention the benefits are not great.
jo young August 21, 2012 at 4:33 pm
hey doc, am reading your book about cholestral, fascinating and brilliant. I am a type 1 diabetic and have been for 15 years. I am not yet statinated and after reading your book won’t be, although it is standard procdure now to statinate diabetics. I was hoping you might be able to answer a question for me. Do you know how diabetes is related to heart disease, I don’t think it’s cholestral anymore, ha ha. but I can’t understand the mechanism of how diabetes makes you a higher risk to heart disease. obviously everyone bangs on about it and if there is anything I can do to help my condition I will. thanks for opening my eyes to the colestral con, it’s helped alot. I had started taking plant sterols for my cholestrol which is not that high anyway, well, 5.8. Any info would be a great help. thanx again jo
Dr. Malcolm Kendrick Post author August 30, 2012 at 3:02 pm
Diabetes does increase the risk of heart disease. Most probably due to effects on blood clotting, endothelial damage/dysfunction (probably through high blood sugar levels) and a whole range of factors in the blood that are damaging. Nothing to do with LDL levels.
jo young August 21, 2012 at 4:42 pm
hey again, just doing a bit of a nose around the net. this is funny.
‘There actually isn’t an official cause of diabetes, but studies have shown that obesity and lack of exercise are major contributing factors to it.’
and theres more
‘So how are heart disease and diabetes linked? By controlling your weight, monitoring your nutrition and increasing realistic exercise, you can manage both diseases well. For example, foods that are high in fat and starches can also be high in sugar and LDL, or bad cholesterol. Too much bad cholesterol in diabetics makes it even harder for the cells to receive insulin. Constantly eating such foods can cause a plaque build-up of the “bad” cholesterol in your artery walls. At the same time, you may be taking in more glucose than your diabetic levels of insulin can handle. By cutting out most foods with high levels of those bad actors, you control both diseases.’
Brian Kirman August 25, 2012 at 1:32 pm
As a result of reading your book I stopped taking statins. I have resisted suggestions and maintained skepticism about high cholesterol wherever mentioned. I remain surprised at the level of acceptance of the theory you so vigorously question. This is even accepted as ‘given’ by media doctors.
I corresponded with Dr mark Porter (Radio 4’s excellent ‘Inside Health’ programme) and even he – who regularly questions accepted ideas – responded with considerations of risk assessment of high LDL levels rather than the more fundamentl point of cholesterol being good/bad or irrelevant.
In fact it is hard to find any balanced disussion of the ‘accepted opinion’. I think I, and probably many others, would feel more comfortable if doubts about statins were more widely published.
Therefore I welcome your blog but only found it by chance and hope that you can publicise more effectively – then perhaps the debate can be more open.
Thanks
B Kirman
Dr. Malcolm Kendrick Post author August 30, 2012 at 3:05 pm
Believe me Brian, I am doing my best. You may be interested in a new film called Statin Nation. You can see this on http://www.statinnation.net/ I am featured looking horribly smug.
James Alexander August 30, 2012 at 8:07 am
Dear Dr Kendrick – If you can, I’d appreciate your view of this and the research that informs it
Dr. Malcolm Kendrick Post author August 30, 2012 at 2:56 pm
This research comes from the Clinical Trials Service Unit at Oxford who run the Cholesterol Triallists Collaboration, and who run clinical studies – mainly funded by the likes of Merck and Schering Plough. This unit is exceedingly pro-statin and do post-hoc analysis of all the cholesterol trials again, and again. They point blank refuse to release the data they have on adverse effects of statins, claiming it is commercially sensitive. Not perhaps as sensitive as the muscles of those who take these damned things. He states that only one in ten thousand people suffer serious side-effects. This must make me a most amazing doctor as I have seen two cases of rhabdomyelosis, three severe liver failures and umpteen problems with mood swings, depression, impotence, cognitive problems and one case of possible motor neurone disease. These drugs create a vast range of side-effects, some very serious. Yet, still, there is no evidence of any significant effect on overall mortality.
Roseanne Lannigan March 25, 2013 at 1:45 pm
Thank god someones honest regarding these dangerous drugs I have had a very severe reaction almost walked in front of an ambulance ironic couldn’t remember anything ruined my legs and knees now bother in my hands have a strange rumble or pulse and every time it goes somewhere I have a reaction now having bother with breathing asthmatic they say at fifty four but research shows it can cause ongoing health problems and this is seven years later we need help and knowledge because they ruin lives and they are putting money before people.No doctors seem to know much about this.
David Morris August 30, 2012 at 12:43 pm
Me again, sorry! What about Prof. Sir Rory Collins latest? How can taking toxic poison be good for anyone and everyone over the age of 50 regardless? I would love to see your response to his statement, will you be publishing one?
Dr. Malcolm Kendrick Post author August 30, 2012 at 3:06 pm
My opinion on Professor Sir Statin cannot be published, or else I would be instantly sued for libel. You may be interested in my latest propaganda http://www.statinnation.net/
Brian Kirman August 30, 2012 at 2:47 pm
The propaganda deluge continues. A professor this time. All quite scary to a layman, I also hope you can give a reasoned response to the latest.
Thanks
Dr. Malcolm Kendrick Post author August 30, 2012 at 3:07 pm
Brian,
The reasoned reply would take a while. So I am going to blog it, rather than knuckle down to my latest book.
Arie Brand August 30, 2012 at 11:38 pm
My additional comment to my blog post on the discrediting of unwelcome research has been awaiting moderation on the “main line” since August 8.
Neal Matheson September 3, 2012 at 4:11 am
I loved your book and am really pleased you have started ablog, Keep fighting and writing!
Dr. Malcolm Kendrick Post author September 4, 2012 at 10:37 am
Thanks very much. Like a needle against a porcupine. One little prick against thousands.
Dunn September 4, 2012 at 10:32 am
On being diagnosed with DM2 almost three years ago I immediately started doing my research. I started by reading Dr Bernstein, Gary Taubes and your own Cholesterol Con.
As a result of that reading I immediately started a VLCHF diet which has naturally resulted in normal blood sugar levels and HBA1C values not more than 5.4 all without the need for meds.
More as a matter of interest than anything else, I am wondering why it is that, whereas all the literature would suggest that ones triglyceride levels should plummeted if one adopts a VLCHF diet, there are those of us for whom this does not seem to happen. Mine own has only dropped from 3.5 to the range of 1.9 to 2.1. I would be grateful if you could link me to any research of which you might be aware.
Dr. Malcolm Kendrick Post author September 4, 2012 at 10:40 am
Thanks for the e-mail. Yet more evidence that low carb dieting is the best way to control blood sugar levels. As to your question regarding VLDL/triglyceride levels. I don’t know. I know that you need a certain VLDL level as this is the lipoprotein needed to transport cholesterol from the liver to the rest of the body, so it could be a sign your body is using a lot of cholesterol to meet its needs. I will try and look into this area more closely.
Dunn September 4, 2012 at 3:01 pm
.Yet more evidence that low carb dieting is the best way to control blood sugar levels.
For others that may read this, perhaps I should add these additional benefits : reversal of background retinopathy, reversal of NAFLD, reversal of mild neuropathy and weight loss of (currently) 50lbs.
….. so it could be a sign your body is using a lot of cholesterol to meet its needs.
I’m not a biochemist but a computer programmer. After becoming aware of just how important cholesterol is within the body, this was the same thought that I had and which seemed to me to be the most logical conclusion, especially if one factors in the aforementioned reversals. I just haven’t seen anything in writing specifically on point although I continue to search.
Maryanne Demasi October 10, 2012 at 7:23 am
Hi Dr Kendrick. I am a medical journalist doing a story on heart disease, cholesterol and statins. I have read your book. Please email me your contact so we can arrange a time to chat briefly. Many thanks, Maryanne
Dr. Malcolm Kendrick Post author October 16, 2012 at 6:28 pm
Sorry, been on holiday. Will contact you shortly
Paul October 16, 2012 at 6:01 pm
There is very a interesting video interview with a research scientist from MIT who explains why she believes Statin therapy is misguided. This is dynamite if she is right. Take a look here http://articles.mercola.com/sites/articles/archive/2012/10/15/statin-drugs-on-coronary-disease.aspx
Dr. Malcolm Kendrick Post author October 16, 2012 at 6:29 pm
Paul. Thanks for this. I did know about these studies. Will look at the video when I have a moment or two free. Thanks for taking the time to send this
James Alexander October 19, 2012 at 2:45 pm
Dr Kendrick, when you get to dealing with this interesting link from Paul, I hope you will move it to “recent posts”, where a separate dedicated discussion thread can form – there seems to me to be much that arises.
Dr. Malcolm Kendrick Post author October 24, 2012 at 3:42 pm
Paul. Thanks. I am in pretty regular contact with Stephanie. She is very bright, and I like most of what she has to say. She is a bit fixated on suplphate, but we all have our cross to bear
CJP June 2, 2014 at 4:41 am
I have just read Stephs essay on sulphur deficiency.
Allied to the notion of methylation as a detox process. That’s to say when methylation is overworked – conditions under which homocysteine levels may rise – then more cholesterol molecules may converted to atherogenic oxycholesterols by the highly oxidising hcy.
Look again at Stephs essay, she makes a pointed argument that sulphated oxycholesterols are not only rendered harmless by the addition of sulphate, but rendered healthful. This fair leapt of the page, it did, and had me go all peculiar, like.
Basically homocysteine may convey oxidative stress the way of cholesterol, creating the stink that goes with cholestane triol, but then if present suplhur comes along like shake-n-vac and puts the freshness back. If right this is a BIG deal, one worthy of discussion.
afifahhamilton October 16, 2012 at 9:16 pm
I think Paul is talking about Stephanie Seneff. She is indeed brilliant. I love the way Mercola does his interviews, as it permits a kind of discussion, a dialogue an exploration of the subject, without interruption or argument, but two people endeavouring to get their heads round things. If you can, watch the long interview Mercola does with Dr Huber on glyphosate. He is a professor of soil science, and really knows his stuff, and although the interview is long (90 mins) it is due to this steady pace of unpacking the subject, in detail, that the listener ends up properly learning something of value, from a reliable source. Seneff is one of those gems who, without ego or vanity, but bags of brains, plugs away at things, essentially trying to find ‘what makes the nitty, gritty’.
By the way, are you good people reading Petro Dobromylskyj’s superb blog Hyperlipid? It’s here at http://www.high-fat-nutrition.blogspot.co.uk
Byee
Bernd October 19, 2012 at 6:52 am
Thank you for the auspicious writeup. It in truth was once a amusement account it.
Glance complex to far introduced agreeable from you! By the way,
how can we keep up a correspondence?
Charles Fairweather October 24, 2012 at 3:20 pm
Dear Dr Kendrick, my GP put me on simvastatin 4 months ago because my TC was tending towards 7 and my LDL count was about to become terminal. . About 10 days ago I suffered a severe bout of vertigo and went to see a specialist who declared my neurological responses normal. I then began a search to discover the cause and finally discovered that Adcock Ingram the drug company had a warning for vertigo and dizziness on their insert. I googled similar experiences and other people had experienced what I had and worse due to statins. I immediately stopped taking the stains and all symptoms have disappeared. Your book therefor was a godsend as I have been living in fear of the food police for 20 years and have fully expected sausages and fatty lamb chops to dispatch me to my maker. Now that the sentence has been commuted I intend to continue with my low carb high fat diet which suits me fine. I have also joined your crusade to expose the the groundless fears about cholesterol and I am going to try to get my doctors to report the side effects suffered by me and definitely recommend your book to all my friends. Thanks and regards Charles Fairweather
Dr. Malcolm Kendrick Post author October 24, 2012 at 3:40 pm
Well done, and good for you. I am a bit quiet at the moment as i am putting together a bunch of lectures plus writing my next book. I need a twin.
James Mitchell November 3, 2012 at 4:59 am
PLEASE HELP! on page 25 of his book The Great Cholesterol Con”, the doctor says “you do not actually have a cholesterol level in your bloodstream at all”. However this isn’t quite the case. Please correct me but aren’t blood plaques made up of cholesterol itself and blood plaques are in the blood vessels via which the blood stream passes? Therefore HDL removes the Cholesterol FROM these plaques and thus from the blood vessels? if not, then where does HDL remove Cholesterol from??? I know it carries it to Liver but where does HDL load up with Cholesterol?
Dr. Malcolm Kendrick Post author November 3, 2012 at 10:05 am
HDL does indeed ‘mop up’ cholesterol. As cell die around the body the debris needs to be cleared up. HDL takes up cholesterol from within the interstitial (between the cells) spaces, transfers it to VLDL, or LDL using LCAT (an enzyme), this cholesterol then ends up back in the liver via LDL and VLDL receptors. It is then recycled. HDL does not remove cholesterol from the plaques as this is a highly active process requiring cells that are capable of moving around independently. These cells are called macrophages which are complex single celled ‘organisms’ whose role is to attack bacteria, and viruses, and remove debris from larger areas of damage. Macrophages evolve from monocytes. Monocytes circulate around and can evolve into different types of cells depending on the messages that they receive. Monocytes, in turn, evolve from Endothelial Progenitor Cells (EPCs). EPCs develop in the liver.
James Mitchell November 3, 2012 at 5:10 am
Dr. Malcolm Kendrick Post author November 3, 2012 at 10:08 am
James. That statement assumes HDL picks up cholesterol found within arterial plaques. This is not true. Nor is it true that cholesterol picked up by HDL ends up in the bile. Some will, some will not. Some will be used to create new VLDL molecules. Also remember that most of the bile/cholesterol is re-absorbed, and used again. The body does not just throw cholesterol away. It is far too useful a molecule which is being constantly re-cycled and re-synthesized within the liver.
James Mitchell November 3, 2012 at 3:29 pm
Thank you! And thank you for saving the lives of millions! Just make sure no one funded by the drug companies drop a uranium pill into your tea! You cost them a lot of money It is said that when arteries become brittle Cholesterol is brought to “patch them up” and plaques are patches to help keep arteries going like glue where they’re damaged. is that not the case? and if HDL doesn’t “pick up” cholesterol from the arteries, where does it pick it up from and bring it to and are there any “studies or write up?
James Mitchell November 4, 2012 at 6:51 pm
Dr. Thanks in advance for answering my questions! on page 87 you state that Fat intake went up from 5% to 20%, Protein from 11 to 18% in Japan from 1958-99, and Carbohydrates down from 84% to 62%, yet cholesterol went up 20%. I could have sworn in the earlier pages you stated that Fat does NOT cause cholesterol increase, and Carbohydrates do. can you help clarify this?
Afifah November 4, 2012 at 10:38 pm
Can I answer this one Malcolm? Tell me if I get it right won’t you.
When eating predominently a carb diet the LDL level and the triglyceride level will be proportionally higher, which is what you don’t want. When increasing fat and reducing carbs although total cholesterol levels might rise slightly the HDL will tend to be higher than the LDL, which is desirable, and the triglycerides will also be lower. Triglyceride level does indicate potential trouble, so a lower level is better.
Dr. Malcolm Kendrick Post author November 5, 2012 at 9:49 am
I think this is about right. I find this whole are a bit of a mess, with so many agendas being pursued. In general a high carb diet will tend to raise VLDL (triglycerice) levels and lower HDL levels. This can seem to push down the ‘measured’ LDL level (in some people), as it will be lower as a proportion of total lipoproteins in the blood. Eating fat tends to lower VLDL levels, and raise HDL levels, and may seem to increase LDL levels. Howver, also, as people get older the LDL levels, and total cholesterol levels, tend to rise. So some of the rise in total cholesterol rise in Japan will be due to an aging population.
James Mitchell November 10, 2012 at 3:24 am
Dr Thanks again. Why would it push down the measured LDL if it raises VLDL? I followed the Paleo Diet (carbs from fruits only, no grains) and high fat intake (non-processed) and my total Cholesterol and LDL dropped, while HDL rose. Why would that be? I also increased C and E intakes (1000mg & 200 UI respectively).
n smith November 5, 2012 at 6:53 pm
I asked a question and got no reply. the question is now not there ? Weird ? OK then, I’ll get me coat..
Dr. Malcolm Kendrick Post author November 5, 2012 at 7:00 pm
I do not remove any questions, or comments. Or have not so far, unless someone is being insulting.
Katie September 29, 2014 at 11:27 am
I agree with N Smith…………………..if you don’t say the ” right” thing, even if it factually correct, interesting, and adds to the debate, the Q is most certainly removed. The ” Moderator ” sees to that. ” Not good!
n smith November 6, 2012 at 1:51 pm
No. I’m not being insulting..just my attempt at making a joke of something I did ask about.Sorry… but I know it was abit long winded, and I sent the question on here, and I saw my question then, on this thread. But when I checked again it had gone.. never mind I’ll try and ask again..
Please could you say what causes furring up of the arteries that then causes myocardial infarction? I’m not really asking about the cholesterol question. Just that.
It’s just that, 4 of my siblings,and my father all suffered from heart attacks ( 3 actually died from them ) and on their death certificates it said myocardial infarction caused by thickening and furring up af the arteries.
Is there anything that I could do to avoid this. I have never smoked. I walk miles each day/week, I eat real food straight from the animal ( cooked first ) –sorry ! and I avoid processed food.. Now and then I do like something of a treat though, ie cake, fruit, sandwich, ice cream, etc or something like that. I am fit, slim active, and 65 yrs of age.
Can I avoid the fate of my family ?
Thankyou.
James Mitchell November 12, 2012 at 3:02 am
Dr. By the way, does your father in law still take statins or did you convince him to do otherwise? and also is it a coincidence that there are two books exactly named the great cholesterol con, with one written by you and another by some American impostor?
James Mitchell November 26, 2012 at 1:45 am
Quick question again. in your book on page 21 there’s a reference to a comment that there’s no connection in cholesterol in our food vs. in our blood. For what reason would you guess the doctors request that we fast 12+ hours before our cholesterol blood test or our test will be incorrect or skewed?
Trish November 26, 2012 at 3:18 am
My name is Trish and i live in NZ. One year ago I suffered a SCAD (coronary dissection of the OM1 artery). In NZ apparently there is only about 53 of us who have had these with there only being aprrox. 5-6 of us diagnosed a year. The majority of us a very fit, healthy and have good diets. Hormones, i believe play a huge part in this. They have standard procedures for treating us but as they say themselves they have no idea if they help. The standard procedure is beta blockers, aspirin, clopedogrel and of course statins. After 3 months you get taken off clopedogrel and in my case taken off beta blockers. I took myself off the statins. Now they want me back on beta blockers and statins to increase my chances of no further heart events. I have no bockages in my arteries, no heart disease and a cholesterol of 6.1. In the UK, Europe or other parts of the world how are SCAD’s treated. Is the use of statins and beta blockers encouraged or recommended? Many thanks.
Dr. Malcolm Kendrick Post author November 26, 2012 at 2:27 pm
Trish, I do not know enough on this specific issue to give you much help. Sounds like standard procedure for treating this is the same as standard procedure for treating all forms of CVD. Beta-blockers clopidogrel, aspirin and statins. As a wise man once said ‘If the only tool you have is a hammer, pretty soon everything starts looking like a nail.’ I suspect no-one has done a trial of SCAD, so you doctors are guessing as much as I would be in trying to give helpful advice.
Trish November 27, 2012 at 1:03 am
Thank you for your reply. One can only hope that the Mayo Clinic who are currently conducting some studies on SCAD’s might come up with useful information, but I won’t hold my breath that it will involve anything BUT medication.
Eddie Mitchell November 26, 2012 at 11:20 am
Looks like Malcolm was ahead of the game, again !
GPs do not need to ask patients to fast before taking a cholesterol test as it makes very little difference to the results, a large-scale study has suggested.
Canadian researchers found that mean levels of total cholesterol and HDL-cholesterol varied by less than 2% among individuals with fasting times of between one and 16 hours.
The researchers concluded fasting for routine lipid levels was ‘largely unnecessary’, contradicting best practice as recommended by NICE and the Joint British Societies.
Their study looked at the laboratory results of blood samples from 111,048 women and 98,132 men in the community and cross-referenced this with the duration they had fasted before the sample was taken.
The data was from a six-month period in 2011 and researchers controlled for the differing age of patients. They then estimated the mean levels of cholesterol subclasses recorded at different fasting times.
The mean levels of total cholesterol and HDL-cholesterol differed little among individuals with various fasting times, with variations of less than 2%.
James Alexander November 26, 2012 at 12:40 pm
Then factor in to your thinking the recognised margin of error in cholesterol measurement (14%!!!); the extent of variations in ‘level’ found in individuals throughout even a single day let alone a week; the difference made by posture in the minutes previous to or during the sample extraction; and the differences that arise from different sampling methods; the incidence of laboratory differences and errors in all such medical measuring procedures; and the absurdity of recording and reporting to two decimal places, given all these factors. Then do stop worrying, unless and until you’re getting results extreme and off-normal-range enough to be just possibly pointing to a just possible health concern. Numbers like 2, 3, 15? Then check the accuracy and consistency of the reading. Then consult a specialist physician, but essentially one of the Kendrick tendency, not a Autostatin Dalek.
If it’s any help, I’ve just tried to pour some coolant over my own GP. He wanted to statinate me on the strength of 7. As a Kendrick student, I think 7 is perfectly OK myself, no cause for taking poison. But for my own interest, and to get him off my case, I said I’d prefer to try dieting it down. 3 months of no cheese. cream, and some of the other usual suspects, plus Benecol spread and a daily Benecol yoghurt (yes, I’m no fan of naturopathism, but Benecol claims to offer the correct dose of plant sterols, and something worked), and I was 5.4. But as said above, I don’t place any faith at all in either reading, or any.
Maria December 17, 2012 at 6:22 pm
Thank you for your book. My husband suffered a heart attack in September. He is well on the road to recovery. In trying to understand how we could improve our lifestyle I came across your book. It was the first one I came across that explained things in logical terms and with clear arguments.
I am still trying to understand why the heat attack occurred, he has no traditional risk factors, AND he is pretty laid back, so doesn’t suffer from emotional stress and is only 40. However, he was diagnosed, after about 10 years of symptoms, of having gluten intolerance. Could those years of suffering be considered a possible cause of physical stress? (I now wonder if the gluten intolerance is a symptom of something else) I’m not asking with the expectation of getting a confirmation of the cause, but if you could point me forward further information I’ll be very grateful.
Dr. Malcolm Kendrick Post author December 30, 2012 at 3:51 pm
Maria. I don’t know. I suspect gluten intolerance creates a wide range of processes that could, perhaps, accelerate unstable plaque development. I may try searching for some research into this area
Roseanne Lannigan December 28, 2012 at 11:20 am
so glad to read someone is agreeable statins are very dangerous i was on simivistatin reacted terribly immediately told to keep taking them took full cramps in legs thought i had bone cancer was forgetful delerious in agony fnally after one year nine months doc checked blood ck sky high now mobility problems memory loss muscl problems in bowel stomach now lungs low cholestrol dont know why i took it never had bloods done neurologist say i have muscle asting disease could be caused by statin i had no health issues before regarding muscles would love to speak to dr kendrick regarding this but cant find e mail
Wayne Bryant December 28, 2012 at 4:56 pm
Many thanks for all the wonderful work you are doing. I bought your book about 4 years ago and have found it very interesting. My brother was put on statins for total cholesterol of about 5.2 and they nearly crippled him and he came off them and returned to normal quite quickly. They also caused great leg pain and difficulty in walking for my uncle (and he had to stop playing golf in his retirement) who whilst on them died from a stroke. I was offered them (cholesterol of 6.8) but forcefully declined. In fact my then Doctor admitted they kept lowering the acceptable limit to increase the market for them. It seems that serious side effects are very common. I think it is scandalous and immoral that in the name of huge profits these things are foisted on the unsuspecting public. The Daily Express seem obsessed with promoting them. Their front page headline this week was”Proof Statins Save Millions” -Wonder pill halves heart attack deaths”. This was endorsed by Professor Peter Weissberg of the British Heart Foundation- very worrying! I also think the whole notion of treating symptoms with a drug and not doing something about causes is bizarre. (although a nice little earner of course!).Of course the whole notion of high cholesterol being a problem is a red herring. In fact I’m sure eating red herring would be far more helpful,
many thanks
Dr. Malcolm Kendrick Post author December 30, 2012 at 3:49 pm
It is quite amazing how many people, when you speak to them, know someone who has suffered extremely unpleasant (in some cases crippling) side-effects from statins. Yet, doctors still refuse to believe that side-effects are common. It is a kind of barrier that people put up to believing anything bad of something they think of as ‘good.’ I had vaguely planned to talk about the delusion surrounding Jimmy Savile. A man believed by millions to be a kind-hearted philanthropist. In reality, a manipulative paedophile. Yet, even when the evidence was staring people in the face, the idea that he may be a highly unpleasant person jarred too badly. Ideas that jar too much are dismissed. Too painful otherwise.
Afifah December 30, 2012 at 10:49 pm
I would like to comment on Maria’s message above regarding her 40 year old husband and coeliac disease. Coeliac is very much on the rise and it does not only cause digestive tract disorders and symptoms. When I did my medical training, over 20 years ago coeliac disease was the only one mentioned as caused by gluten. Now there are 160 conditions known to be caused by gluten ingestion or inhalation! Very few doctors are looking into this, but the researchers are and if you read the papers they publish you find that the evidence is very strong. The cardiologist William Davis published a book in 2011 called ‘Wheat Belly’, but as he says he could have called it ‘Wheat Brain’ or ‘Wheat Skin’ or ‘Wheat Lungs’ or ‘Wheat Bones’ or even ‘Wheat Tumour’ because gluten (found in largest amounts and most commonly eaten in the form of wheat) causes trouble in all of these body parts/systems/conditions. In fact the physician Stanislas Tanchou in Paris back in 1843 was able to predict the cities of Europe that would have the most cases of cancer based on the amount of grain (wheat) that they bought in!! There is also a quote from him around the same time that goes “Cancer, like insanity, seems to increase with the progress of civilisation”, so he was aware of the mental health effects of grain use way back then. The earliest paper I have found on the matter was Singh et al in 1976 in a paper on schizophrenia, which was found to be entirely due to gluten eating. Yes, schizophrenia.
So, books to read:
1) ‘Wheat Belly’ by William Davis (fab read, if a bit American, but full of research)
2) ‘Primal Body Primal Mind’ by Nora Gedguadas (Not a great writer as such but the information in the book is spot on and she knows lots about gluten).
3) ‘The Vegetarian Myth’ by Lierre Keith. She’s an environmentalist who has realised that the growing of grains is devastating our earth, and our bodies.
4) ‘Why We Get Fat – and what to do about it’ by Gary Taubes is also really fantastic, providing a whole new array of excellent studies to get your teeth into. I especially love his superb early chapters on the nonsense about excercise making you loose weight. It does the opposite!
5) ‘Deep Nutrition – why your genes need traditional food’ by Dr Catherine Shanahan is an excellent in-depth walk through of the importance of real food (not grains, not sugars and not vegetable oils) for ones cells to rebuild tissue well. I highly recommend this book.
6) ‘Put Your Heart In Your Mouth’ by the neurologist Dr Natasha Campbell McBride. She cites loads of great studies that confirm it all too.
All these books in fact should be read by everyone. Then the world would be a better, healthier place, and the next generation would have a chance.
Let me just add a warning: If you are gluten intolerant/allergic don’t be persuaded to eat all those ‘gluten free’ products. No one should be eating much from the grain department anyway, gluten containing or not. None of them have a place in our 8 million year evolution, being introduced only 10,000 years ago at the outside. Basically, leave the grass eaters to eat grasses, and birds, and be a top carnivore and eat meat. Look into the wonderful and highly intelligent Paleo Diet brigade, who are great fun too (people like Denise Minger and Chris Masterjohn and Free The Animal etc) and look at Dr Mercola’s site, he’s brilliant too, offering loads of great video interviews with superb people for free, and you will soon get the idea about what to eat.
Just as our delightful Dr Kendrick has helped us all see our way through the statin and cholesterol nonsense in his fabulous book ‘The Great Cholesterol Con’ so these other people can enlighten you as to other areas of health truth and lies.
Afifah December 30, 2012 at 10:53 pm
Dear Dr Kendrick, you will be pleased to hear that the film I watched on Christmas Day was…
STATIN NATION! You were great. All the best for 2013.:)
gwanwyn thomas January 23, 2013 at 1:30 pm
Am reading book great cholesterol con. It has frightened me. My husband is writing to the welsh health minister to ask whether statins is another way to cull the ageing population as we are becoming too expensive !!! this book 5 years old has dr kendrick changed his views
Dr. Malcolm Kendrick Post author January 23, 2013 at 2:08 pm
views against statins have hardened
gwanwyn thomas January 23, 2013 at 7:41 pm
thank you glad to hear that
Leon February 2, 2013 at 7:15 pm
Perhaps you know one of the last article from the Oxford University:
“Risk of hospitalization or death from ischemic heart disease among British vegetarians and non vegetarians: results from the EPIC-Oxford cohort study 1,2,3
This study claims that vegetarians has 1/3 less risk to be hospitalized for heart disease than those who eat meat and fish.
I would like to hear your opinion about this study.
Regards,
Dr. Malcolm Kendrick Post author February 3, 2013 at 10:04 am
The best response to this load of rubbish from Oxford is the following blog by Tom Naughton in the US:
This was a highly biased study (those in the vegetarian arm were nearly ten years younger, on average, just for starters). It was observational, it was jam packed full of cofounders. It was nonsense. Read Tom’s blog
Leon February 3, 2013 at 2:03 pm
Sorry Dr, Kendrick, my apologies. It was just a misprinting.
By the way, I am finishing to read your book(The great Cholesterol Con:…).
I have never read a so scientific document that combines so well the most strict high level logic with a so highly refined sense of humor.
Thanks for have written this document!
Andy Griffin February 3, 2013 at 8:07 pm
As a devotee of your work… and a satins victim of deep depression and serious memory loss, tell me, is the following garbage?
The two-minute workout works wonders: Short, sharp bursts of exercise are just as good as a 90 minute run
(Testees) had their blood tested to see how quickly the levels of fat in their blood fell – as fat lingering in the blood after eating is known to trigger the first in a series of steps that can lead to clogging of the arteries and heart disease.
Another group revealed that walking for half an hour on a treadmill cut fat by 11 per cent, compared with not doing any exercise.
But the short sharp bursts of exercise cut it by 33 per cent – the sort of effect expected from a 90-minute run.
Dr. Malcolm Kendrick Post author February 3, 2013 at 8:12 pm
Andy,
I think it might be true – at least as far as improvements in metabolic parameters go. I have been vaguely following this research for some time.
I think high intensity exercise can be key to stimulating muscles to start using glycogen stores, and short burst exercise can do this very effectively. Once glycogen stores are reduced, skeletal muscle metabolism alters quite dramatically and insulin resistance falls. This reduces VLDL/triglyderide levels and increases HDL. So, in theory, this could be a very good thing – I think. As with most things beware the bandwagon, but I am comfortable with this research thus far. I am hoping to start some research on this shortly
smartersig September 28, 2014 at 8:55 pm
Hi Any opinions on the significance of vit D levels with regard to heart health and health generally. I had levels that were slightly under the acceptable border on two readings and was beginning to think that this was always to be the case. Having supp’d for about 4 months I got a huge kick in my Vit D levels to my great surprise. I have blogged about it along with LP(a) improvements at http://heartattackandthenhs.wordpress.com/
Andy Griffin February 3, 2013 at 9:55 pm
Thanks. As ever, very reassuring. I look forward to reading more on the subject. It was the Daily Mail ‘bandwagon’ that made me doubtful.
pjt13 February 5, 2013 at 5:11 pm
Love your blog and eminent good sense. I’m a Paleo afficionado and eschew medics as much as I can and, barring unforeseen accidents, and creeping old age, am fit and well. Also increasingly better informed by the likes of your good self and others who similarly think rather than blindly follow.
Dr. Malcolm Kendrick Post author February 5, 2013 at 8:16 pm
thank you for your comment
pjt13 February 5, 2013 at 5:14 pm
Ps. I have a hard time as a nurse educator not teaching conventional wisdom (see mark Sissons at http://www.marksdailyapple.com ) it’s simply not welcome!
Dr. Malcolm Kendrick Post author February 6, 2013 at 9:17 am
Keep going, keep going, keep going. etc. The truth always wins in the end because it is immortal, whereas dogma eventually dies when the idiots supporting it are gone – or give up.
Az February 5, 2013 at 8:50 pm
I just read your article “Why The Cholesterol-Heart Disease Theory Is Wrong” on CoconutOil.com. I’m a chemist and found you argumentation brave and undeniable… and laughed many times through it.
Thank you, you’re making the world a better place…. “The saddest aspect of life right now is that science gathers knowledge faster than society gathers wisdom.” (Isaac Asimov)
Dr. Malcolm Kendrick Post author February 5, 2013 at 10:10 pm
Katie September 29, 2014 at 6:23 am
This interesting comment “Science gathers knowledge faster than society gathers wisdom ” needs further assessing. There are volumes of knowledge yet to hit “society” which will rock a few boats, and rightly so! It is not always the case society is not gathering wisdom, but simply, due to the power of certain institutional structures, wonderful knowledge, which we could all ( and should) share is being systematically kept well and truly under wraps ?
For example oncologists have known for a very long time, the molecular atoms used in chemotherapy, are too large to enter the cellular system. Yet on a daily basis this is still the main type of treatment for cancer, used the UK.
This surely should be a wake up call to all of us.
gwanwyn thomas February 6, 2013 at 9:51 am
At 74 i am a bit confused about using these blog things…. in what order etc. This is what i want to say.I commented (found by accident ) on your book which i have just read and believe. My stubborn husband listened to me and has stopped taking statins. He was prescribed them when he was diagnosed with diabetes and high blood pressure, and his cholesterol was 4.9 at the time….reducing recently to 2.9 after use of statins. I could never understand why he was being treated for something he never had ie high cholesterol level. Your book does make it clear why he was. I still feel a bit scared as he says he has given them up because i am keeping on about them all the time. I told him to make his own decision and read the book, which he has not yet even started. I do believe what you have wriiten and would never take them. I hope this is in the right place. i am struggling a bit with all this blog stuff
Dr. Malcolm Kendrick Post author February 6, 2013 at 9:57 am
People should make their own decisions. I just try to provide the information in a way that is as unabiased, and truthful, as I am able
Paul de Rose February 6, 2013 at 11:46 am
Paul de Rose :
It sounds amazing but simply eating an apple a day might be able to lower LDL levels by 40% according to a small but serious academic study in the US. Perhaps the saying was right after all? Now, if GPs suggested to patients with high cholesterol that instead of taking statins they simply ate an apple a day, that might not only benefit them with little or no adverse risk but cut a sizable chunk out of the NHS drug bill! Check out…
Dear Dr.M, I’d be very interested to hear your considered views on this. Personally I’d rather eat an apple than take a Statin despite being a diabetic, after all humans have been doing just this since the Garden of Eden without any unwanted consequences!
If such a simple and cheap regime were capable of altering oxidized LDL to the extent the US study showed then surely it should be looked into with more urgency. But then of course the drug companies can’t patent apples so where is the bottom line in it for them? Given they seem to fund most research, this discovery might wither on the branch!
Dr. Malcolm Kendrick Post author February 6, 2013 at 12:20 pm
It sounds amazing… it is amazing. Apples are not lowering LDL levels. They are lowering oxidised LDL levels. Some people believe that it is the oxidised LDL that causes atherosclerosis, but they are wrong. LDL has nothing to do with CHD, oxidised, or otherwise. Oxidised LDL is very rapidly removed from the circulation by the liver. It is also the preferred form of LDL for endothelial cells (cells that line the arteries). Endothelial cells have specific LOX receptors designed to take up oxidised LDL. So why, exactly, would this be an unhealthy process? People have found, what they believe to be, oxidised LDL in atheroscerotic plaques. It is oxidised here because it is being attacked by macrophages which first oxidise ‘alien’ matter before endocytosis. And it is isn’t LDL in atherosclerotic plaques anyway. It is mainly LP(a). In short, this study is bollocks. However, I await the new, GM apples, specifically bred for its amazing CHD preventing anti-oxidant properties. I give it two years.
Paul de Rose February 6, 2013 at 2:14 pm
Many thanks for shining your laser mind on this matter and the resulting direct and unequivocal debunking of this apparently bogus hypothesis. Bring on the GM apples!
Ian February 11, 2013 at 1:43 pm
I need some help, I suspect I have rhabdomyolisis after years of statin use. I had it before due to Dermatomyositis 18 years ago and have very similar symptoms now, but minimal skin problems. I can’t exercise and become very ill if I do, I cannot get any Drs to take me seriously, can’t get a private consultation with a consultant and my GP has disowned me because I refuse to take cholesterol meds, even refusing me a private referral. Can you recommend a Dr near Hampshire that would see me, I am desperate and have no worries paying a private consultant.
Dr. Malcolm Kendrick Post author February 11, 2013 at 7:20 pm
Sorry, don’t know of anyone in the Hampshire area. However, I would speak to your GP again, tell them you think you have severe muscle problems due to statins. Ask for CK test (may not show anything), but would probably insist on a referral to a rheumatologist. It may be dermatomyositis – I think – not sure. Could be statin related. Not sure how you could prove it one way or another, but you certainly need to push very hard for further testing, and a definitive diagnosis.
Ian February 12, 2013 at 12:46 pm
Thanks but my GP will not even refer me privately unless I resume cholesterol treatment – which I refuse to do.
I suspect I have statin induced rhabdomyolisis and dermatomyositis as I have all the symptoms of a similar case I found on the internet.
Afifah February 11, 2013 at 8:25 pm
I just want to make a comment to Ian, above, needing help.
In my experience autoimmune diseases respond well to removing all grains and sugars from the diet. Grains, i.e. grasses, are not the appropriate food for mankind and we didn’t evolve eating grass seeds. The use of them is relatively recent, and with their use came a great many of the diseases that fill the medical textbooks.
Various researchers and academics (e.g. Jared Diamond who wrote ‘The World Until Yesterday’, and ‘Guns Germs and Steel’ and Loren Cordain in his 1999 paper ‘Cereal Grains – Humanity’s Double Edged Sword’) reveal some of the dire consequences of the adpotion of agriculture including the effects on health.
So seek out a practitioner who is able to work with you shifting your metabolism from running on glucose (which is produced when any carbohydrates are eaten, inc grains, root veg, fruits and sugar) to running on fats, especially animal fats, which is where the majority of our energy/calories should come from according to our evolutionary development. This is also known as a ‘low carb high fat diet’, or even a ‘ketogentic diet’ (though it may not be necessary to take it quite that far). Look into the subject of GAPS also, a gut centred approach to restoration of health (you can read up on it on line). But grains, especially those that contain gluten, should probably be totally absent from the diet in people suffering from any auto-immune disorders. That is what I have clearly discerned anyway.
I know nothing about rhabdomyolysis, and am not recommending you do any thing in particular, but I just wanted to give you some thoughts to follow up. I trust you regain your health soon.
Ian February 12, 2013 at 12:59 pm
Thanks, you are so right. I did have serious problems with eating before it dawned on me that exercise was the root cause. I’ve had this aspect of my problems dealt with really well at a clinic in Twyford.
However the root cause of all these problems and many others remain with me. They are all being caused by exercise, even sitting for too long causes chest cramps, massive palpitations, stomach paralysis, electric shocks all over my body, chronic pain, migraines, high blood sugar levels, etc., etc. As long as I lay down all day, I’m absolutely fine, which is rather difficult, but does work
Any suggestions for some professional help for rhabdomyolisis/dermatomyositis would be very welcome!!
Carol May 29, 2016 at 8:27 am
Hi I notice deal with herbs etc. I’ve been seeing a herbalist for 6 months to reduce my blood pressure but it’s not working. Should I continue
Dr. Malcolm Kendrick Post author May 29, 2016 at 3:15 pm
Cant do to much harm, I don’t suppose. Apart from to your wallet
kimyo February 13, 2013 at 9:29 pm
now that advanced blood lipid testing is available, please consider a post to help us break down the results.
i just had a ‘traditional’ cholesterol test alongside an nmr lipid profile. the total cholesterol level as well as the ldl were both 10% higher on the traditional test, which suggests that many are being treated based on inaccurate results.
specific to the nmr test, please consider giving us your take on the ‘passengers vs. vehicles’ debate, as well as the relative importance of the measured values (ie: is the best indicator of heart health ldl-size, ldl-p or hdl-p?).
i am always lending out my copy of ‘the great cholesterol con’, thank you very much for your efforts.
Dr. Malcolm Kendrick Post author February 13, 2013 at 10:47 pm
In my opinion, the entire lipid testing industry is complete nonsense. When a hypothesis undergoes constant change it is nonsense. We had total cholesterol, then LDL, then HDL/LDL ratio, then dyslipidaemia, then oxidised LDL, then..who knows, and in my opinion who cares. The entire hypothesis that lipids – of any sort – are causal agents in CHD is bunk. This always has been bunk, and always will. If you have high VLDL (triglcyerides) and low HDL, you are insulin resistant and this is a sign that your metabolism is knackered. However, neither factor is causal, it is a ‘sign’ that you are not in good shape. Association does not mean causation, association does not mean causation…rpt.
kimyo February 16, 2013 at 8:37 am
so, of paramount importance is to avoid stress? and, beyond that, inflammation? (ie: grains and soybean/canola oil)
in terms of health/vitality/longevity, are there any medical tests you recommend? bone density (as an indicator of proper calcium deployment)? carotid intima media thickness?
i find it most ironic that without grains, ‘civilization’ as we know it would not exist, yet, it is grains which lead to everything from diabetes to tooth decay to schizophrenia and beyond.
Hatty February 22, 2013 at 3:48 pm
am reading the book. it’s brilliant. even if I were not enormously interested in the content (which I am), I would continue reading for the entertainment. Bone-dry humour gets me every time!
Dr. Malcolm Kendrick Post author February 23, 2013 at 9:17 am
Thank you for your kind comments
Dr Peter Baxter February 25, 2013 at 10:06 am
You may remember me from Alness. I fully support your views on the con about the health care business frightening the public for its benefit! But at the same time care needs to ensure that the public is not only informed but is educated and can make both community as well as individual choice.
Two obvious issues stand out for me. The concept of a blanket approach to the use of statins is unacceptable. Indeed the use of statins at all except where all else has failed (my total chol and LDL both fell dramatically with a carefully followed diet) is wrong. Similarly the poorly thought out regime of 5 fruit and veg per day is confusing and counterproductive (why can’t I eat 5 oranges; what constitues a portion of grapes etc etc?).
Any way good to see you are still active. I’ve retired and am spending time sailing.
PS Went to school in Macclesfield
Dr. Malcolm Kendrick Post author February 25, 2013 at 10:12 am
Peter…great to hear from you. Yes, still active, though frayed round the seams at times. I am currently writing another book that looks at a wider range of topics e.g. salt consumption, avoidance of sunshine, various dietary nonsense. The working title is ‘The dangerous book for grown-ups.’ It takes a long time to write a book when you are having to check everything you say about eighty times to make sure it is as true as possible.
Wayne Bryant February 25, 2013 at 3:09 pm
Hello Dr Hendrick, Just noticed your reply to Dr Baxter and am very much looking forward to your new book. Yes the salt issue!. I have a very good book called “Water and Salt- your healers from within” by Dr F. Batmangheldidj. I’ve noticed that “scare stories” in newspapers by “experts” very rarely differentiate between processed, heat treated salt with “additives” rather than health promoting, traditionally harvested sea salt crystals. (At least that’s my understanding) Good luck with the book and look after yourself (and your frayed edges). I hope you’re getting support from other Doctors and health professionals, best wishes Wayne Bryant
Wayne Bryant February 25, 2013 at 3:43 pm
Hello Dr Hendrick, Just realied that it was your seams that were frayed and not your edges, (look after them both!) best wishes Wayne Bryant
Theresa Danezis March 15, 2013 at 11:22 am
I am reading your fascinating book at the moment, thank you:) May I ask what your view on the paleo/primal diet is?
I am a 39 year old, healthy, fit and free of heath conserns mummy of two (7 & 5). We have all been on a sort of primal lifestyle for years now, but in the last 3 months we are eating fully primally as well (no grains no legumes, no sugar, healthy protein, loads of veg & fruit, nuts, selective full fat dairy). I had a check up and results came back at TC 233, LDL 163, HDL 70 and slightly low calcium. My doctor is conserned, said no saturated fats etc.
Please, I would love to know your thoughts on primal.
Many Thanks in advance,
Dr. Malcolm Kendrick Post author March 20, 2013 at 10:39 am
I am not a great believer in any particular diet. My basic rules on food are 1: enjoy eating it, don’t be frightened by it. 2: Avoid (too many) highly processed foods containing a bunch of added chemicals e.g. pot noodles. 3: Eat natural foods e.g. butter, not margarine. 4: Reduce carbohydrate consumption and increase dairy products and saturated fats. 5: Keep omega-6 consumption down – it is bad for you. 6: Make sure you are not becoming vitamin deficient.
As for primal/paleo. Most certainly pretty healthy I would think. Everything you have mentioned is healthy (Including your TC and LDL level).
Theresa Danezis March 21, 2013 at 7:16 am
Thank you for your reply:) By the way I finished your book and I enjoyed it tremendously! It is very informative and a pleasure to read. It made me laugh out loud too:)) I plan to buy a few copies to give to friends and family, as they all consider me utterly insane for following such a diet and not listening to the advice of my doctor when it comes to cholesterol. Many thanks again! Theresa
Andrew Langley March 18, 2013 at 7:45 pm
In 1997 I had a Inferior MI and in 1998 a 2nd and possibly a 3rd that was undiagnosed (happened on a team building course), also in 1998 I underwent a triple bypass, during this period I was put on Simvastatin (Zocor) which I have been on till recently.
During those years I have experienced some muscle pain and developed type 2 diabetes, in 2009 I was rushed to hospital suffering from Acute Necrotising Pancreatitis, diagnosed as probably caused by gall stones. my gall bladder was subsequently removed and I requested whatever stones it contained, interestingly it contained one large(2cm) Billirubin stone, my Bilirubin levels had slowly been rising year on year since the introduction of statins.
I did a great deal of research into statins, bilirubin, MI’s etc. but failed to convince GP and Cardioligist that I was unhappy about statins however I did manage to keep on a low dose and not be put up to the standard 40mg tablet that GP’s prescribe.
I then found your book via an article in a national newspaper and subsequently purchased it.
I found it fascinating reading and have subsequently found others who are querying the use of statiins.
The Pancreatitis left me an insulin dependant diabetic injecting 80units of Rapid insulin a day. I have recently weaned myself of statins (without GP approval) and subsequently my blood sugar levels seem to be dropping as well or maybe I am getting better control although i doubt that.
I now feel that my Pancreatitis may be as a result of the long term use of statins.
Many thanks for your book which has given me a far greater understanding of statins.
Dr. Malcolm Kendrick Post author March 20, 2013 at 10:34 am
You can never say, for sure, that the statin causes your necrotising pancreatitis. But I guess it probably was. Statins do cause (increase the risk of) type II diabetes, and coming off the statin should help blood sugar control. I would also suggest a high fat, low carb diet, as this will improve blood sugar control as well. Thank you for reading my book, I continue to try and spread the truth, and I am writing another book at present.
Liz Roberts March 19, 2013 at 9:49 pm
I’m in the middle of reading your book, “The Great Cholesterol Con”. I’m 73 years old, had a TMA on Hogmanay – was duly taken to hospital by my son – and had scans and blood tests. I was, of course, prescribed statins and aspirin, which I have not taken – unbeknowst to my sons and daughter and their spouses. I don’t want to worry them as they are of the great cholesterol brigade So thanks for the book. I’m trying to finish it before I see the consultant on Thursday for the results of my tests, so that I can tell him why I’m not taking the medication, and hopefully be able to suggest other treatments.
P.S. Thanks for telling me to drink alcohol – I do like a wee dram.
Dr. Malcolm Kendrick Post author March 20, 2013 at 10:31 am
Thanks for your comment. Good luck with your consultant! I guess you mean a TIA? I am not sure what a TMA is. Did anyone say why you may have had a TIA? There are some causes e.g. atrial fibrillation, that have effective treatments e.g. warfarin.
Liz Roberts March 22, 2013 at 11:59 am
I did try to reply the other day but it got lost in space somewhere. Thanks for replying to me.
I saw my connsultant yesterday and everything seems to be OK apart from some plaque in the carotids.
My cholesterol level is at 4 which pleased the doctor but I think according to your book is on the low side.
Wasn’t brave enough to tell him that I wasn’t taking the medication. He was such a nice man and I didn’t want to have a confrontation. Plus, my daughter was with me!!!
Thank you so much. Looking forward to your salt book.
Afifah March 21, 2013 at 9:16 am
Joke: What is the difference between God and a doctor?
God does not think he is a doctor!
Leon March 23, 2013 at 11:18 am
The research for telomere behavior is gaining more and more relevance in these days, perhaps for the supposed link to life span. I would like your opinion about this study appeared recently in the European Journal of Clinical Nutrition:
“Leukocyte telomere length and its relation to food and nutrient intake in an elderly population.”
Shorter leukocyte telomere length (LTL) is associated with several chronic diseases, but only a few studies have assessed the association between dietary factors and LTL. Our objective was to study the association between fats, fruits, vegetables and LTL in a cross-sectional study design. We hypothesized that intakes of fruits and vegetables would be positively associated with LTL and that intakes of fats, and especially saturated fatty acids (SFAs), would be negatively associated with LTL.
SUBJECTS/METHODS
LTL was measured by quantitative real-time polymerase chain reaction in 1942 men and women aged 57-70 years from the Helsinki Birth Cohort Study. We assessed the whole diet by a validated semiquantitative 128-item food-frequency questionnaire.
In general, there were only a few significant results. However, total fat and SFA intake (P=0.04 and 0.01, respectively) were inversely associated with LTL in men adjusting for age and energy intake. In women, vegetable intake was positively associated with LTL (P=0.05). Men consuming the most butter and least fruits had significantly shorter telomeres than those consuming the lowest amounts of butter and highest amounts of fruits (P=0.05). We found no association between LTL and body mass index, waist-hip ratio, smoking, physical activity or educational attainment.
In this cross-sectional study of elderly men and women, there were only a few statistically significant effects of diet, but in general they support the hypothesis that fat and vegetable intakes were associated with LTL
Charles Fairweather March 28, 2013 at 8:40 am
I encouraged my wife to go off statins and as a result her LDL cholesterol went from 1,6 to 4,7 but HDL increased from 1,1 to 1,26. The ratio went from 4,9 t0 4,7 and lastly S-Cholesterol from3,5 to 6,5. Her GP prescribed Coratin , a red yeast, rice and plant sterol to lower the LDL component as he says her risk of coronary heart attack is increased by the fact that she is on hormone replacement pills. It seems very doctor has a favourite theory. HDL is key and LDL should only be measured if particle size is also measured. Or its the ratio that counts etc. What’s your view on her lipid profile. Isny this whole business of measuring cholesterol a giant waste of time and money?
Mark Edwards April 5, 2013 at 7:00 am
I have read your book, The Great Cholesterol Con twice now.
You mention in the book that ‘Social Dislocation’ can be a large contributor to heart disease, and i think you are right because of the effects it is having on me at the moment, and has in the past.
I started with acute depression, anxiety and insomnia in 2003 and had to sell my business, and my house and I ended up homeless for 2 years. I don’t come from a close family.
I tried Pharmaceutical drugs, but they made me feel suicidal, so for most of the next 6 years or so I drank alcohol at the end of the day to calm me.
I had to stop this before it killed me, so now I follow a strict organic diet, and I go to the gym as much as possible to stay mentally and physically fit.
This has helped me greatly over the last year, boosting my confidence, and improving my central nervous system and internal organ function.
Recently though, my health has been suffering, and it all started when i received a letter from the Department for Work and Pensions after my Atos medical examination. They deemed from the interview that I am no longer ill, and have cut off my Employment and Support Allowance, which I am now appealing, because I still suffer from the mental illness mentioned above.
This has also been compounded by the bedroom tax, because i live alone in a 2 bed multi-storey flat. It also seems that I will have to start paying a proportion of my council tax as well.
These stresses are now taking their toll on me, and I am experiencing shortness of breath, while at the same time experiencing an achy pain where my heart is located. The ironic thing is that the last time I experienced this, was back in the 90’s when I was homeless the first time. One night my heart actually stopped, and I collapsed in a heap on the floor, just as I felt it kick back into life. When it stopped, I started to feel numb from the center of my chest spreading outward to my neck and arms until it started beating again.
This same occurrence has also happened in a hospital after a friend drove me there because I was having the same feelings. So two of the times I have experienced problems with my heart, I have been homeless, and this, the third time it is happening, I am having similar problems, and could end up homeless with no money again. At no other time in my life other than the times mentioned have I ever had any problems with my heart.
My biggest problem now, is going to my local GP to see what they diagnose. Your book will be in my bag just in case they bring cholesterol up. I was in the same practice last night with my friend who was dropping off a script, and concerned about my health she got me to do a blood pressure test on the portable machine they have. It was perfect.
I woke up this morning at 4am stressing about my health and my benefits and housing situation. I had nothing, but a cat to calm me down, which worked a treat, but I need something to take that’s natural to calm me down. Any ideas would be appreciated. I’ve never been able to smoke but I was wondering whether I would benefit from medicinal cannabis used in a vaporizor?
Dr. Malcolm Kendrick Post author May 26, 2013 at 8:04 am
Thanks for your very frank e-mail. For calming down I would suggest finding a local teacher on transcendental meditation, as they teach techniques that can be very effective. If not, exercise is good, as are simple methods to control breathing
Eddie Mitchell April 10, 2013 at 1:24 pm
Challenge patients to persevere with statins, GPs urged !
Patients who discontinue treatment with a statin because of mild side effects should be encouraged to try again, as most will find they can take one of the drugs in the longer term, suggest researchers.
US researchers found most patients who stopped treatment because of a presumed statin-related event were then prescribed the same or a different statin – and nine out ten of these were still taking it a year later.
Few patients experienced another statin-related event and rhabdomyolysis was rare, while patients who had creatine kinase (CK) elevations were also able to continue statin therapy long term.
The authors said their findings suggested many statin-related events are either caused by something else, are in fact tolerable, or are related to a specific statin rather than the class of drugs as a whole.
In the study, published in the Annals of Internal Medicine, the researchers used specially designed software to analyse the text clinicians had entered in electronic medical records for 107,835 adults who received a statin prescription between January 2000 and the end of December 2008.
They found 18,778 (17%) of the patients had a statin-related event documented, of which less than a third were clearly categorised as such. Most of these were myalgia or myopathy.
Of all the patients with a statin-related event recorded, 11,124 (59%) discontinued the drug at least temporarily. Over half – 6,579 – of these patients then tried taking a statin again and 6,064 (90%) were still taking it 12 months after the original statin-related event.
This included nearly half of the 2,721 patients who were given the same statin they were taking to begin with, of whom over one third were taking it at the same or a higher dose.
In addition, of 122 patients who had a CK level three times or more greater than the ULN but were rechallenged with a statin, less than 10% discontinued statin treatment long term.
The authors concluded: ‘Our findings indicate that patients who had statin-related clinical events may frequently be able to tolerate statins in the long term. Permanent cessation of statin therapy under these circumstances could lead to many preventable cardiovascular events and deaths.
‘Providers should consider rechallenging patients who report statin-related events to identify those who can continue taking them.’
Dr. Malcolm Kendrick Post author April 11, 2013 at 8:39 am
I presume patients, after being ‘forced’ to re-start another statin just say they are find and don’t bother taking it. that is the best way, I find, to reduce side-effects. I would like someone to explain to me how changing from one statin to another can make the slightest difference. The side-effect are a direct result of their known actions – and they all act the same way.
Eddie Mitchell April 11, 2013 at 10:21 am
The more you look into the murky world surrounding cholesterol numbers, and the $30 billion a year statin industry, the more you are amazed how a fraud of such gigantic proportions ever got off the ground. One reading of Dr. Malcolm Kendrick’s book The Cholesterol Con is enough to convince any straight thinking person, statins are the very last thing you need if you want to stay healthy. A few years ago after reading the book, my first thoughts were Malcolm is right, swiftly followed by how come he is still allowed to practice as a GP, how come he had not been struck off. The trouble is, especially in the world of medicine, if you go against the mainstream of medical opinion and especially against the monumental power of big pharma, you can rapidly become a marked man. Malcolm has not been struck off, could it be many others believe he is right, could it be the MONICA study proved he was right, could it be NICE knows he is right. Here is what NICE say about cholesterol levels in relation to clinical events.
“The National Institute for Health and Clinical Excellence (NICE) does not recommend the use of target levels of cholesterol for people taking statins for primary prevention of cardiovascular disease. This is because it found no clinical trials in primary prevention that have evaluated the relative and absolute benefits of achieving different cholesterol targets in relation to clinical events”
“Sometimes when talking to someone about their cholesterol, I ask them to ask me what my cholesterol is. Then I answer: “I have no idea, because I never have it checked.” That’s not because I take an ostrich-like stance on matters that relate to my health – it’s because the great likelihood is that knowing my cholesterol numbers would not lead to me having a different view on my health or have any bearing on how I live my life. End of.”
Wendy Drane April 10, 2013 at 5:47 pm
My brother was prescribed statins two years ago as part of his treatment for atrial fibrillation. With two weeks he developed considerable muscle problems and was taken off statins. His muscle weakness continued but he was told it was a myopathy and would go eventually. It didn’t! He eventually paid to get the opinion of a top neurologist who organised tests. They have established that he has tubular aggregate myopathy but are unable to give a definitive diagnosis. Two years later he is now only able to walk a few metres and cannot stand up straight. He will probably be completely wheelchair bound soon. He is 63 and his prospects poor. Given that the doctors have said he is unfortunate in that he had a genetic disposition I am now wondering what to do. I started statins 5 years ago after a minor stroke . I already have considerable health problems as I have had rheumatoid arthritis for the last 20 years . I have been researching statins for some months now and have read as much as I can. A few days ago I discovered “The Great Cholesterol Con” and I am now part way through it. I am 66, female and my cholesterol was 5.2 when I had my stroke (blood clot) . It is now usually about 4.5 . I stopped statins a month ago but have not told my GP yet. I hope the argument about the genetic side will be enough to convince her. Any thoughts?
Dr. Malcolm Kendrick Post author April 11, 2013 at 8:41 am
The genetic side will be ignored, you will be pressurized to take a statin. Doctors, in this area, are no longer interested in the evidence. They are now true ‘statinators.’ Zealots where doubt cannot be allowed.
You may be interested to know that there is no association between cholesterol levels, and stroke.
Wendy Drane April 16, 2013 at 8:27 am
Many thanks for your reply to my email. I wonder if you can answer another question. Following my mini stroke in 2008 I was given simvastatin and blood thinners/anticoagulants. Two years later I was told I should have a vitamin d test . The results showed I had very low levels of under 10. I was given an injection and put on a course of Adcal-D. After two months my level was 65 and I was told that was ok and continue on the Adcal-D. Could the low vit d levels have been caused by statins ?
Roger G. Perkins, Ph.D. April 11, 2013 at 12:58 pm
Dr. Kendrick, I am currently facilitating a Life Long Learning Institute class at Bradley University in Peoria, ILL, USA on the book by Fred and Jean Kummerow, “Cholesterol Won’t Kil Youl, But Trans Fat Could.” Fred Kummerow, Ph.D. was my graduate school advisor at the University of Illinois and remains active in research in this subject area. I consider myself as redirected versus retired because after a career as a toxicologist, I am now “preaching Dr. Kummerow’s message” as well as your message on the cholesterol con. Thank you for your efforts. Best wishes, Roger G. Perkins, Ph.D.
Dr. Malcolm Kendrick Post author April 11, 2013 at 1:12 pm
thanks very much for your very kind e-mail
Charles Fairweather April 17, 2013 at 2:13 pm
Dear Dr Kendrick, in this weeks economist there is an article on red meat under “High Steaks” which states that a” big recent study” shows “no connection”between saturated fat and heart disease so something else must be involved. Dr Hazen who is organising the trial thinks he knows what. The blame actually lies with the microbiome and by a complicated manoeuvre a molecule called carnitine transforms the steak into a lethal killing device that results in atherosclerosis. We always knew that red meat kills now we know how. Brilliant isn’t it? Regards Charles Fairweather
Mike Brampton April 22, 2013 at 2:12 pm
Hi, aside from giving him your book, how would you go about convincing my GP that whilst every other parameter including lipids are “normal”, there is nothing to worry about regarding my cholesterol of 12+. Help required here as I am coming under the collective conventional “wisdom” cosh from the hospital, no doubt backed by NICE.
Is there a particular study that you are aware of other than the York study I can use to help persuade him?
Weight 75kg, BP 105/60, still racing my bikes and beating kids younger than 30 and I can cycle for 9 hrs on half a cup of water if low enough intensity. I follow a “Primal” sytle diet, fats and protein, green veg and some fruit, nuts etc
I am personally more worried about my reducing testosterone levels (Dad, prostate cancer) as I approach 54
Maureen Berry April 23, 2013 at 7:27 am
Good morning Dr Kendrick, I have just come across your blog when checking the title of your book to recommend to a friend. I have very high cholesterol (or I had last time I had it checked a couple of years ago). As I refuse to go on statins my doctor and I have jointly agreed that it’s a waste of NHS money to have my cholesterol checked again. Thank you for standing alone (or so it seems) against the weight of the lumbering medical profession. My doctor is quite young, seems up to date and totally knowledgeable on most things, but seems 100% committed to statin therapy, I have been on a low carb diet for 3 years, I have lost 40lbs, my blood pressure has gone down from very high to about 110/70 (I am still on Ramipril, 5mg but am planning to ask to go down to 2.5mg and hopefully stop it altogether after that). I know longer require GERD medication, my funny ‘heart flutters’ that my doctor thought was possibly atrial fibrillation – but I never got an ECG when it was actually happening, has disappeared totally and I feel fit and well. Your book, along with the New Atkins New You, Gary Taubes and ‘The Art and Science of Low Carb Eating’ have been a life saver for me, I am sure.
Thank you for your work.
Wendy Drane May 2, 2013 at 4:34 pm
I would be grateful for your opinion on whether someone with relatively normal cholesterol but raised CRP levels would benefit from taking statins.
Dr. Malcolm Kendrick Post author May 2, 2013 at 4:41 pm
Wendy. I would probably, as a GP, investigate why the CRP levels are high in the first place. CRP is a relatively non-specific market of inflammation (anywhere in the body). If it is very high I would suggest an investigation, or two. (any inflammatory disease e.g. rheumatoid, SLE, Chron’s will get it high, as will low grade infection, broken bones etc. etc.). if it is a bit high e.g. twice normal, I would not worry about it.
David Bailey May 12, 2013 at 8:04 pm
I am fascinated by your discussion of statins and cholesterol in general. Very many years ago, I took Chemistry to PhD level, before moving into software development. That exposure to science made me aware that science wasn’t always as honest and careful as is often thought!
Three years ago, at age 60, I was put on simvastatin (40 mg) and all went well for about 3 years, after which I suddenly got severe cramps, followed by extra weakness in my polio leg. I had lived with my polio leg since age 7, and generally managed pretty well, and I assumed I was getting Post Polio Syndrome(PPS). Fortunately, at the time this started, I decided to stop taking my statin as a precaution – and by the time I visited a polio specialist, the symptoms were diminishing, and she decided I didn’t have PPS. I discussed this with my GP, and we agreed that I should resume the simvastatin. Within a week, the same symptoms started to return, and you will not be surprised that no more statin tablets have crossed my lips! By now, about 5 months later, the problem has almost gone, except for a little residual pain. At its worst, this problem reduced me from someone who roams the pennine hills, to a state where walking from the car to the supermarket was an effort!
Although I am, of course, only one data point, my experience suggests several things:
1) Statins can bite some considerable time after starting them – contrary to what I was told.
2) Polio muscles seem to be more susceptible to statin problems (my other leg, and the rest of my body was not affected).
3) I wonder if some people with polio (or maybe other damage to parts of their bodies) are suffering from statin side effects without realising the source of their problems because the problem seems focused on a previous injury.
Karen M November 24, 2013 at 10:20 am
Very interesting. I have Complex Regional Pain Syndrome and when I came off statins the pain eventually diminished in the areas around the affected limb (my left leg) when I am resting. However, the fat and muscle atrophy in both limbs has not resolved nor has exertional and post-exertional muscle pain. The pain is high intensity burning and is stressful. Is this similar to your experience David?
Pat Watson July 9, 2013 at 1:51 pm
I stopped taking statins about 3 weeks ago because of muscle pain and burning in my arms. Also a very painful elbow, Doctor said tennis elbow although I had done absolutely nothing that would cause tennis elbow and the other elbow was staring to hurt. I am now reading your book which is making me feel a lot better about stopping taking something a doctor has told me I must take. Muscle pain has eased off a lot. Elbow is feeling a lot better. Thankyou so much for writing that book. It’s so interesting
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All I can say is thank you! I am so glad I found your blog as I will be following it. You are right on target with so many things so keep sharing please! You are a bright star in the medical world!
Dr. Malcolm Kendrick Post author August 5, 2013 at 10:43 am
Thank you for your kind words
Dr AshMash August 9, 2013 at 5:39 am
Dr Kendrick…I am in awe of you and have been ever since I read your book. As a GP (but also a non traditional Nutritionist) and active follower and promoter of the Paleo or Primal lifestyle, I would love to pick your brain about one thing….
How in Gods name do you change your colleagues perceptions about all this nonsense that has been fed to us throughout med school/ training and subsequent jobs…In the UK, I struggled a lot…With massively incorrect guidelines advocating all sort of ridiculous medications and flawed methodologies to help with the prevention of CHD as well as obesity.
As a result of constantly tearing my hair out, I have now moved to Sydney where patients seem a lot happier to listen to my advice and there are no such ridiculous guidelines. I hope to have my own practice one day, but in the meantime—any suggestions on how to combat the walls being built by my own medical brothers and sisters…
Dr. Malcolm Kendrick Post author August 9, 2013 at 7:06 am
I just keep banging away, telling the truth, I am not sure that any other way will work. I work on the basis that (to quote Max Planck). Science progresses one funeral at a time.
Jane August 9, 2013 at 3:42 pm
I first read your book a few years ago when my TC was about 7 and have enjoyed watching your lectures on youtube and now reading opinions on this forum …
I notice that in April a cyclist called Mike wrote that his TC was over 12. I’m currently searching without success for more information on the function of cholesterol as my TC has been steadily creeping up and is now 9.2 – albeit with a high HDL to LDL/TG ratio.
I’m a homeopath and therefore a charlatan and lunatic anyway so when I refuse statins doctors are irritated rather than surprised but I’m ashamed to admit that they’re almost wearing me down. Occasionally, though, and privately, I do wonder what the reason is for this steady increase in my cholesterol. My diet has always been low in animal fats but I don’t eat processed foods or a lot of carbs. I walk daily, play tennis.
Is a high total cholesterol count, in your opinion, a symptom of some other condition and should we be vigilant for reasons other than CHD?
Dr. Malcolm Kendrick Post author August 9, 2013 at 5:00 pm
Jane August 9, 2013 at 5:10 pm
Thanks! Bloods say it’s normal but I have symptoms of hypothyroidism…… so thanks.
Teresa August 15, 2013 at 11:02 pm
I’m really hoping you can help.
I had a mini stroke this February and my cholesterol was 5.9 and was offered statins which I politely turned down.
I had my cholesterol taken again in may which turned out to be 8.2 which I thought was a typo if I’m honest.
I follow a high fat low carb diet (Harcombe) and this suits me really well and am losing weight.
After another trip to the GP today he’s insisting I go on statins and at 8.2 its worrying that its so high or is this again just a number.He says I’m in the high percentage of stroking again because of the number but I feel fit and well.
When I argue my case all I get are “are you a doctor” or where did you read that statins don’t work on women”
Any advice would be welcome as I’m not sure where to turn next as it is an obvious worry unfortunately I don’t know the break down of the LDL etc
Dr. Malcolm Kendrick Post author August 21, 2013 at 7:36 am
I cannot give specific medical advice in this format. I can only make general points – as I hope you understand (because the GMC certainly does). Strokes have different causes. A high cholesterol level has never been associated with increased risk of stroke. Some strokes are crypotogenic (fancy name for, we don’t know why it happened). I would suggest that you find out exactly what caused your stroke – sometimes a small ‘hole in the heart’ can do this. If so, that is what needs treatment. essentially, you need to find out a bit more about why your stoke occurred, what your other risk factors may be e.g. high BP. A bit more discussion with GP would be good to start with.
Teresa August 21, 2013 at 8:09 am
They have said that the level of one of my epilepsy tablets was too high in my bloods as its never checked for liver function etc.I have had all the test known to man for holes in heart etc and everything is normal and BP is perfect.
The only test left which they are doing is thyroid which I’m led to believe if this is low or not functioning properly can elevate cholesterol that quickly.
My first thought is not to give statins a try at all but when I broach this with my GP they just think I’m being silly and know nothing.
j.catterson August 20, 2013 at 8:09 pm
I am 50 year old male.5ft 9,12 stone.never smoked.Had an Nstemi MI one year ago.Been on Clopidigrel,losartan,bisoprolol,atorvastatin aspirin and lansaprazol ever since.Had more cramp than in my whole life.Some days I feel completely whacked out as soon as i get up.Other days I can cycle all day and still be full of beans..Cholesterol level down from 4.2 to 3.2.Im self employed,married and only 50.I want to spend my days working,cycle touring and dancing!.However,I am paranoid about stopping any pills,cardio rehab drummed into us about fat,cholesterol etc.
Dr. Malcolm Kendrick Post author August 21, 2013 at 7:37 am
I can’t provide specific medical advice here, for obvious reasons.
j.catterson September 1, 2013 at 7:26 pm
I have just read your book.All in all a fascinating read.I think your humorous lines detract a little at times,but very illuminating. Thank-you.
Maureen Berry August 21, 2013 at 9:07 am
Teresa, he /she may be your doctor, but it is your body and you have the right to choose what drugs you put into it, remain polite but steadfast and if your doctor does not respect your opinion, change doctors. He is a doctor, not a God. I believe (though I am certainly not a doctor) that total cholesterol can rise when you go on the low carb high fat diet and lose weight, as cholesterol is released from the fat stores of the body and this should ‘rectify’ itself over time, (if it was ever a problem in the first place). I think I read this in Phinney and Voleck’s ‘Art and Science of Low Carb living’, though I’m not sure as I have lent that book to a friend.
I am greatly saddened that most doctors do not take the time to read around subjects more widely – particularly the statin debate. I suppose that they have so much to read that is ‘approved’ by their masters that there is little time left for wider reading, particularly the opposing view.
My doctor and I have jointly and amicably agreed that I will no longer have my cholesterol checked as I am so convinced (largely by Dr Kendrick’s book, a copy of which I provided for my GP practice) that it is, ‘simply a number’.
1 year into a low carb high fat diet, my Total Cholesterol was 8.6, gone up from 5.9 pre diet and 3 stone weight loss. I have never had it measured since. I must confess that I am a little curious about whether it has gone back down, but to have it checked again would risk opening the debate again, so I don’t. On the rare occasions I consider it, I simply remind myself, it’s only a number.
One last thought (I haven’t read extensively about this because I don’t suffer with the condition). But in my reading about hypertension / cholesterol / low carb / ketongenic diets I have frequently read about them being used successfully to treat epilepsy that does not respond to drugs. I am not familiar with the Harcourt diet, but if it is ketongenic, maybe your requirement for drugs for epilepsy is diminishing naturally.
boreal September 15, 2013 at 1:51 pm
Could you please make a comment on the following article?:
Egg yolk consumption and carotid plaque.
Source
Increasingly the potential harm from high cholesterol intake, and specifically from egg yolks, is considered insignificant. We therefore assessed total plaque area (TPA) in patients attending Canadian vascular prevention clinics to determine if the atherosclerosis burden, as a marker of arterial damage, was related to egg intake. To provide perspective on the magnitude of the effect, we also analysed the effect of smoking (pack-years).
Consecutive patients attending vascular prevention clinics at University Hospital had baseline measurement of TPA by duplex ultrasound, and filled out questionnaires regarding their lifestyle and medications, including pack-years of smoking, and the number of egg yolks consumed per week times the number of years consumed (egg-yolk years).
Data were available in 1262 patients; mean (SD) age was 61.5 (14.8) years; 47% were women. Carotid plaque area increased linearly with age after age 40, but increased exponentially with pack-years of smoking and with egg-yolk years. Plaque area in patients consuming <2 eggs per week (n = 388) was 125 ± 129 mm(2), versus 132 ± 142 mm(2) in those consuming 3 or more eggs per week (n = 603); (p < 0.0001 after adjustment for age). In multiple regression, egg-yolk years remained significant after adjusting for coronary risk factors.
Our findings suggest that regular consumption of egg yolk should be avoided by persons at risk of cardiovascular disease. This hypothesis should be tested in a prospective study with more detailed information about diet, and other possible confounders such as exercise and waist circumference.
Dr. Malcolm Kendrick Post author September 15, 2013 at 4:01 pm
this was discussed by those of us in The International Network of Cholesterol Skeptics (THINKS) last year, and the full paper was circulated – most of the details escape me, but I would say few things. Firstly, it is an observational study, and these are incapable of proving anything – for sure. Association does not mean causation. Secondly, if memory serves, they could find no association between egg intake and cholesterol levels. So, what was their proposed mechanism of? Eggs contain cholesterol, your cholesterol levels don’t go up, but eggs caused CHD anyway? How, exactly. The evil power of eggness. In addition, plague volume has shown little, or no, correlation with CVD mortality/morbidity. It is a measure invented by Steven Nissen at the Cleveland Clinic as a way of rapidly assessing the effect of various CVD interventions. As far as I know, it has not been verified as having a close correlation with anything very much. I could go on. Personally, I dismiss these type of studies mostly without reading them.
CJP June 2, 2014 at 4:18 am
Cholesterol in eggs should not be cause for concern because the process of atherogenicity is invited when cholesterol is subjected to oxidative stress and is converted to oxycholesterol. Cholesterol in eggs is generally protected from oxidative stress subject to how they are prepared. The business of manufacturing powdered egg and powdered milk opens up scope for oxidation avoid these where you can.
In the body an inadequate availability of B6 B12 and folic acid can open avenues via which cholesterol may become oxidised, and if you smoke or leave yourself working or living under stress you make matters worse.
Under certain circumstances any cholesterol (good) that gets converted to oxycholesterol (bad) then be converted to sulphated oxycholeterol and here it gets interesting. Stephanie Seneff directs sulphated oxycholesterols may be involved in healthful process and eggs are a good source of sulphur.
Eggs have been around for a long time, the basic design is much the same between species. They seem like a well-rounded meal to me.
Seán September 28, 2013 at 6:04 pm
My mother was prescribed statins for high cholesterol. She was in her late 70’s at the time. I tried hard to convince her that her cholesterol level was a sign of likely longevity to no avail for some time. The doctor asked where did i get my medical degree from?? In the end she became uneasy about statin side effects and the doctor then put her on Ezetrol (Ezetimibe).
My question is whether this is also an undesirable and useless medication???
Dr. Malcolm Kendrick Post author September 29, 2013 at 6:59 am
There is no evidence from any clinical study that Ezetimibe has any positive impact on any clinical outcome i.e. it is useless, and thus undesirable
Afifah September 29, 2013 at 8:31 pm
A patient of mine was put on Ezetimibe as her total cholesterol was about 12 and she had severe liver distention and pain when some years earlier she had followed her doctor’s orders and taken a statin (this was when I first started treating her, with herbs to get her liver back to normal, which worked beautifully). However, the doctor once again had impressed upon her his frears about her high total cholesterol (no breakedown of LDL: HDL or tryglycerides offered) and she succumbed to pressure and took the dratted fibrate, Ezetrol/Ezebimibe which resulted just a week or so into its use with her having a heart attack alongside extreme emotionality, which was very unlike her, as she was normally a pretty placid person. I sent in a yellow card to the MHRA, which they responded to by sending me a lot of sheets of paper about this drugs other reported side effects. So I agree totally that it is a very unwise thing to take, but I wouldn’t say it does nothing! It nearly killed here. Fortunately she came back to me and I put her right, again, which doesn’t mean that I got her cholesterol lower, I tried that years ago and it didn’t work. It means that I got her heart far happier and her emotions back on an even keel. I don’t fret at all about her cholesterol because the numbers are irrelevant to her health. I bumped into herthe other day and she is fine and dandy, drug free.
David Morris November 2, 2013 at 11:48 am
Me again. Have you seen the news that “Pfizer bets big on PCSK9 with massive phase lll Study – Tantalised by various megablockbuster projections for the PCSK9 field of cholesterol drugs Pfizer has mapped out one of the most ambitious late stage programmes in the industry for RN-316. The pharma giant spelled out plans for a massive cardiovascular outcomes trial to prove to regulators and payers alike that the drug not only works as advertised, but delivers real value to patients”. And so it goes on the full article is on fiercebiotech.com
I just hope that their study will be properly constructed and be peer reviewed before during and after. It would also be good to think that they would involve THINCS. I know, I know i’m in cloud cuckoo land.
Not only that but some professor, who’s name escapes me was apparently on TV recently stating publicly that those who should be on statins and aren’t along with those who have stopped taking statins will die!! And also what about the trust me i’m a doctor series on TV currently. The presenter on such poor argument decided to start taking his statins again. Is there no hope? Please, please keep doing your all important work.
smartersig December 1, 2013 at 2:28 pm
I need a contact or list of contacts of doctors or cardio’s who are interested in the nutritional approach to heart disease and are not tunnel visioned by the dogma of big parma and their research. How can I get hold of such a list or even single contact.
Hope you can help
Dr. Malcolm Kendrick Post author December 1, 2013 at 2:37 pm
it rather depends on where you live
smartersig December 1, 2013 at 3:10 pm
I live in Leicester but I am happy to travel for the right contact
smartersig December 3, 2013 at 9:00 am
Thanks Malcolm, I tend to agree with the meat opinion you express but I think todays meat is not the same as paleolithic meat unless you can source organic produce. My advice to anyone would be to give up red meat and if you can’t do without a bit of white meat make sure you buy organic. I sent you a private email asking about doctor lists and whether there are any seminars/conferences on the topics we are discussing. Hope you can help
Maureen Berry December 3, 2013 at 12:30 pm
I am intrigued on your opinion of the other ‘Mavericks’. Do you regard yourself as a Maverick by the way? I started my reading with Dr Atkins, progressed to Vinney, Pholeck and Westerman, you, Dr Curtis, Taubes, then took a little sidestep to Carolyn Dean, Dr Bernstein, Dr Brownstein. I find that all of these people have a lot of interesting things to say, we currently low carb / high fat, with Magnesium, Iodine, Selenium etc supplementing. I have to say we are very well, my BP has reduced from 200/140 to perfectly normal and I am now totally drug free (I have lost 40lbs). I am intrigued to know what you (my favourite) think of these other doctors who are flying in the face of conventional medicine.
Dr. Malcolm Kendrick Post author December 3, 2013 at 1:25 pm
Where conventional medicine is wrong, I like people who fly in the face of it. The problem, of course, is correctly identifying where it is wrong. I am sure I am wrong about some things…many things. But I cannot know what they are – for sure. In general I am all in favour of anyone who stirs things up, because only be challenge can we truly establish which ideas are right, and which are wrong. My greatest problem is the current tyranny of conformity. Few dare to step out of line. Anyone that does, gets my vote.
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Brian Kirman December 9, 2013 at 4:01 pm
I have just read the article and thread in the Guardian (link above).
For mainstream newspaper its quite balanced and worth checking.
BK
Roger G. Perkins, Ph.D. December 9, 2013 at 1:13 pm
Recently I received the honor of being invited by Uffe Ravnskov, M.D., Ph.D. to join THINCS, The International Network of Cholesterol Skeptics. I am not involved in research, but am attempting to tell my primary care physician and friends about the “Cholesterol Myth.” In the course of this effort, I discovered a Face Book forum with a title the same as Dr. Ravnskov’s book, “Cholesterol and Fat are Good for You.” I have noticed on the subject forum, that one participant’s post attempt to perpetuate the myth and that he is attempting to sell some sort of miraculous curative product(s) to lower cholesterol. I have challenged his posts within the forum. Another skirmish in the battle against the myth. Thanks for your work.
kimyo December 19, 2013 at 7:20 am
in case you haven’t seen it, this study may support your view that it’s stress that causes heart attacks:
Stress reaction gene linked to death, heart attacks
“Using a large database of heart catheterization patients at Duke who were studied over several years, the researchers ran genetic analyses of more than 6,100 white participants, two-thirds of whom were men, and one-third women. About 13 percent of this group had the genetic variation for the overactive stress response.
Patients who carried the genetic variation had the highest rates of heart attacks and deaths over the median follow-up time of six years. Even adjusting for age, obesity, smoking history, other illnesses and the severity of their heart disease, the genetic trait was associated with a 38 percent increased risk of heart attack and death.”
Dr. Malcolm Kendrick Post author December 19, 2013 at 8:12 am
Thanks v much
kimyo June 22, 2014 at 10:45 pm
and another:
(in mice)
They found that excess white blood cells produced as a result of stress accumulated on the inside of arteries and boosted plaque growth.
“Here, they (the cells) release enzymes that soften the connective tissue and lead to disruption of the plaque,” said Nahrendorf.
“This is the typical cause of myocardial infarction (heart attack) and stroke.”
and in humans:
To find the link, Nahrendorf and a team studied 29 medical residents working in an intensive care unit.
Their work environment is considered a model for chronic stress exposure given the fast pace and heavy responsibility they carry for life-and-death decisions.
Comparing blood samples taken during work hours and off duty, as well as the results of stress perception questionnaires, the researchers found a link between stress and the immune system.
Particularly, they noticed stress activate bone marrow stem cells, which in turn triggered overproduction of white blood cells, also called leukocytes.
another write-up here:
Maria February 17, 2014 at 1:21 am
I first read ‘The Great Cholesterol Con’ just over a year ago after my 40 year old husband (slightly overweight, no high blood pressure, ‘normal cholesterol’) had a heart attack (he’s fine now, thanks.) We went through the NZ health system and the immediate treatment he had was great. The follow up care consisted of going to group counseling and the usual rounds of drugs.
I immediately began to take on all of the standard diet advice: low salt, low fat, increased vegetable intakes and funnily enough I became more and more ill with stomach complaints (diagnosed: possibly FODMAPS intolerances). I also needed to know the reason WHY cholesterol was so bad, and the only place that actually explained the role of cholesterol in the body was your book.
Roll froward 18 months and a lot of reading and thinking…. we have all adopted a primal/paleo lifestyle of no processed food/sugar, lots of yummy fat and meat and low/moderate exercise. Our bodies are getting trim and we have more muscle, more energy. AND it feels very natural! We’ve never been ‘dieters’ but this lifestyle suits us.
My husband has almost dropped off all of the drugs due to mild-side effects, and yesterday we worked all day in the yard, building and DIY-ing- the amount of activity was probably double what we could have achieved 2 years ago.
Thanks Dr Malcolm Kendrick, without your book, your blog and your readers’ feedback, our family would not be where we are today. I hope I make your day.
Afifah February 17, 2014 at 11:05 am
Hi Mary, briefly I have to say that your sister should get herself off cereal grains asap. All grains contain glutens, which are the proteins (prolamines) that they need to grow and reproduce. These glutens can be very neurotoxic, as well as toxic to other tissues. Look into the work of the British neurologist Dr Marios Hajivassiliou at Sheffield Hallamshire Hospital. He is brilliant and takes people off glutens all the time. Don’t be tricked into thinking it’s just wheat though, or into eating ‘gluten free’ this that and the other. Get off cereal grains altogether. Eating these damaged humanity right from the earliest era of agriculture, and it is getting worse and worse, especially since the modern hybridised wheat has become the norm. Also read the new book by neurologist David Perlmutter called Grain Brain. He knows a thing or two.
Dr. Malcolm Kendrick Post author February 21, 2014 at 9:00 am
Afifah. Interesting. Also, could you please re-send an e-mail you sent to me a couple weeks ago. I seem to have lost it. Cheers
smartersig February 21, 2014 at 12:12 pm
Whats the low down on Oats. I have porridge for breakfast, perhaps even this is unwise ?
Paul Mather March 17, 2014 at 11:09 am
I have found your website and book ‘The Great Cholesterol Con’ extremely useful in getting some perspective on my supposed ‘condition’. I have been diagnosed with suffering from familial combined hyperlipidaemia by my local lipid clinic. My total cholesterol is 6.6mmol/L (it was at 8.2), my triglycerides are 3.2mmol/L and my HDL is 1.09. I have been aware of my high cholesterol for around 10 years and am now aged 37. My weight is normal.
I tried to take statins a few years ago but suffered from aching muscles so I am very reluctant to take them again. Before my diagnosis I felt in good shape; I felt healthy and strong. Since attending the lipid clinic, however, I have found it difficult to sleep. I have been suffering from anxiety attacks and am constantly worried about ill health and the impact that a heart attack could have on my whole family. Aches and pains that I would have otherwise dismissed seem to have taken on great significance. My stress levels have increased 10 fold to the point that I now wish I hadn’t bothered to get my blood lipid levels checked at all.
So the question is how can a layperson possibly negotiate all of the information out there to make an informed decision? How can a person feel comfortable with a view on heart disease or statins with when so much of the information is false or misrepresented? Even though I know that statins provide little primary protection against heart disease it is very hard to ignore the incessant drum banging from my GP, lipid clinic and the media.
I will continue to look at your site and wish to say a big thank you for all of your hard work in this area. Your voice stands out as being coherent, strong and informed and I am very much looking forward to reading your next book.
Regards,
smartersig March 17, 2014 at 7:26 pm
Hi I have mentioned elsewhere that I got a 25% drop in LDL readings through taking Krill oil tabs and of course eating a lipid friendly diet although I am sure it was the Krill that put the boot in. If you try it make sure you get a high quality one with good levels of DHA and EPA. Read everything you can on diet and your condition, I am convinced taking some control yourself is empowering and hence helps with the stress. Your Doc may not like it as in my experience they prefer you simply listen and do as you are told but I would strongly advise against this.
smartersig March 17, 2014 at 7:29 pm
I would welcome such a list or at least one which points you in the direction of holistic GP’s who really understand nutrition as well as pharmacology. Thanks for the response regarding the blog, I may well add some more information now I know that there is at least one reader out there
Talent Management & Assessment May 14, 2014 at 8:48 pm
Greetings! Very useful advice within this post! It is the little
changes that produce the biggesst changes. Thanks for sharing!
David Morris June 2, 2014 at 7:57 am
I am confused (not difficult). I thought that the theme was that the cholesterol issue was a big con and that we need not worry about our so called cholesterol levels? I thought that in reality there is no evidence to show that there is any correlation between diet,cholesterol and heart disease. This being the case why are people still obsessed with lowering their cholesterol as seen in comments in this blog?
Dr. Malcolm Kendrick Post author June 2, 2014 at 12:12 pm
Paul Mather June 2, 2014 at 12:30 pm
I was wondering about this too!
Dr. Malcolm Kendrick Post author June 2, 2014 at 1:15 pm
I reserve the right of anyone reading this blog to fail to understand anything it says.
smartersig June 2, 2014 at 4:15 pm
Would it be reasonable to say that if one has poor levels of inflamation due to a bad diet and lifestyle then Cholesterol levels may well be elevated, doing their best to cope with the problem. Cholesterol could therefore be looked upon as the canary in the mineshaft. I know that when I modified my diet to a lower carb and wholly non processed diet my cholesterol levels dropped although my HDL went up. If cholesterol are the ‘firemen fighting the fires’ then less fireman in the neighberhood has to be a good thing ?. Opinions ?
Maureen Berry June 2, 2014 at 6:37 pm
We should not presume that, for everybody, following a blog is an ‘easy alternative’. For me, since the ‘anti-statin’ argument is like a life’s work, following the arguments is easy. For others, maybe new to this whole principal, it’s very difficult. Because of replies to comments, the blog is not in chronological order. We should not presume that everybody has the time, inclination or energy to read back hundreds and hundreds of posts. I don’t know what the solution is, but Dr Kendrick, I know that for me, statins, artificial foods (margarines, vegetable oils and even worse, benecol etc) are bad, real food is good, try to cut down processed foods, fresh is good, processed is bad. It’s very hard to get the message out in a clear, consistent manner.
Afifah June 23, 2014 at 9:38 pm
Hi Mary, I have only just seen this, months on. Hope things have not deteriorated too much. Antara is one of the ‘alternatives’ to statins, called Fibrates. They are, in my experience, dangerous, as a patient of mine promptly had a psychotic episode and a minor heart attack within weeks of taking it, with no evidence of either before or after. I sent in a Yellow Card to our English MHRA with these adverse effects, in response to which they sent me reams of other similar cases and other dreadful side effects that had been reported.
So, not a wise choice, especially when cholesterol is, as Dr K knows, a red herring in virtually all cases. However, if anyone has any sort of neurological tremor such as you have described in your sister, the first and easiest thing to do is to GET ENTIRELY OFF ALL CEREAL GRAINS. There is very strong evidence that glutens, gliadins, albumins and globulins in all cereal grains, including those described as ‘gluten-free’ can seriously damage the nervous system. And since NOT eating cereal grains of any sort cannot do anyone any harm, this would be the first and most sensible measure to take. So, no wheat, rye, barley, oats, corn/maize, rice, sorghum, amaranth, buckwheat, millet, quinoa or chia, or anything else that comes from a grass or grass like plant. Look into the superb work of Dr Marios Hajivassilliou from Sheffield Hallamshire Hospital to learn more about Gluten Ataxia. However not all specialists realise that it is ALL grains, not simply those containing classically described gluten that can have these horrendous effects. The excellent website http://www.glutenfreesociety.org run by Dr Peter Osbourne, is virtually the only place where you can learn about the many negative effects of all these substances, apart from a public presentation that I am giving on this vexed subject on Friday July 11th 2014 at 7.30pm at The Bassil Shippam Centre, Tozer Way, Chichester, PO19 7LG. Yup, just 2.5 weeks away. The whole subject in all its diabolical nastiness will be explained in a way that laymen and specialist medical consultants will appreciate, learn from and be able to run with. All welcome, but please give me a shout (afifah.hamilton@gmail.com) if you are going to be there so that I can get refreshments right for the numbers. There will also be a demonstration at the end of ways to make fabulous grain free, low carb genuinely nutritious food without having to be a chef.
Jayne Morrison June 24, 2014 at 10:14 am
my 80 yr old dear mum has been in Macclesfield DGH for 40 nights
She’s been in health decline since being put on Statins when her cholesterol measured 4 in 2012
Her symptoms are memory loss , high blood sugars, nausea , weight loss , nightmares
Day 30 in hospital we managed to convince doctors of her side effects and her dose was halved , she started to show improvement after 5 days but then she was put back on them before discharge last Friday. Her side effects are returning especially the nightmares
I feel shattered but determined to fight for her to have a chance without them Please help me with my next step
Yours in hope
Dr. Malcolm Kendrick Post author June 24, 2014 at 11:45 am
Your next step is to convince your mother to stop the statins for a month and see what happens. Seems simple enough
smartersig June 24, 2014 at 12:30 pm
Hi If you mean her total Cholesterol was 4 then even by the Cholesterol Zealots standards that pretty good. I presume therefore that you mean her LDL was 4. As I have mentioned before on here the one thing that made a dent in my Cholesterol readings was Krill Oil Tablets. A Canadian study showed that they can lower Cholesterol by 30% and that is pretty much what I experienced. Two or three other people I have suggested them to have also reported favourable results. My 87 year old mother was put on a 80mg full strength statin for no good reason. I have now persuaded her to reduce down to the point where she is biting a 20mg Statin in half once a day. She is also now on Krill oil. Best of luck.
Dr. Malcolm Kendrick Post author June 24, 2014 at 12:41 pm
I am sorry, but I think lowering cholesterol levels is a strange thing to want to do.
smartersig June 24, 2014 at 12:54 pm
Fish oil has a good research profile in connection with heart disease and I suspect that the Astaxathin in Krill coupled with its easier absorption makes Krill just if not more effective. Whether this has any connection with Cholesterol levels is debatable I agree, which is why I take greater notice of Triglycerides and LDL particle size. The trouble with these readings is in this country you have to spend serious money to get hold of them so it is not surprising to find the general public clinglng to Cholesterol readings. What do you consider to be essential parameters to monitor ?
Dr. Malcolm Kendrick Post author June 24, 2014 at 1:57 pm
I am of the build it and they will come variety of doctor. If you do the right things, the measurements should head in the right directions. If you find ways to artificially ‘optimise’ the measurements, this is very unlikely to have any effect on the underlying abnormality. if you eat food that is as non-artificial as possible, relax, take exercise, build up a good circle of friends, have a good family life etc. etc. you don’t really need to measure anything. You are doing what you can to be healthy. The current obsession with measuring everything you can, and sub-dividing those measurements ever further is – in my opinion – the pathway to hell.
smartersig June 24, 2014 at 2:08 pm
I am afraid your suggestion is build it but don’t bother to see if they come. Good advice though it may be in the first part I see no problem with monitoring certain body measurements to see if things appear to be as they should. There is also the added psychological comfort of knowing that any measures you have taken have had some sort of positive effect eg lowered Tri’s
Dr. Malcolm Kendrick Post author June 24, 2014 at 2:16 pm
Yes, of course, most people need the reassurance that they are doing the right thing. Few are bold enough to say – stuff it, I know I am doing the right things, I don’t need to measure it. I wish however, that more would be so bold. Yes, if my triglycerides were going down I would be happy. But do I really need to now this. I know if I cut down on carbs and eat fat, my trigs will drop. I know if I take exercise they will drop….. those are just facts.
Maureen Berry June 24, 2014 at 1:20 pm
You need to have the confidence to just do it. You don’t need anybody’s ‘permission’ to stop taking a drug. Doesn’t your mother trust you at least as much as the doctors – if her side effects reduced markedly when she was on reduced statins and have returned now that she is back on full dose, it’s a no-brainer – isn’t it? Have you actually read Dr Kendrick’s book, if you haven’t, go out and buy it today. Read it quickly, and if she still has the mental capacity after years on statins, give it to your mother. Then you’ll both have the confidence to ditch the statins.
Malcolm Lewis June 30, 2014 at 12:07 pm
I found your book The Great Cholesleterol Con thought provoking and I am trying to put together your ideas with other equally alternative ideas on diet and lifestyle in order to improve my own health. I have two questions. The first is why is the atherosclerosis only produced in the arteries and not the veins and why only next to the heart. The second is my total cholesterol reading is 3.9 mmol/l which according to your book means the grim reaper is not far away. I have stopped having porridge for breakfast and now eat more meat and butter. Will this help to raise my cholesterol to a healthy level of 5.5 mmol/l even though your book indicated cholesterol and diet are not linked. You may have done further research on this subject since the book was written. I am male, 63 years old and slim.
Dr. Malcolm Kendrick Post author June 30, 2014 at 3:23 pm
I wouldn’t worry about 3.9. I would worry below 3. The research on diet and cholesterol is so contradictory and impossible to follow that I have given up – frankly. I just stick to health outcomes. There is no evidence for, or against, any particular diet with regard to heart disease (regardless of what might happen to your LDL/cholesterol levels)
smartersig June 30, 2014 at 3:32 pm
So are you saying Doctor that there is no evidence to support the Med’ diet or indeed the diet of say the Okinawas’s?
Dr. Malcolm Kendrick Post author June 30, 2014 at 3:41 pm
The diet of the Okinawan islanders and the diet of the Seventh Day Adventists in California are very different. They both live a long time, as do Sardiniams, who eat something completely different again. I cannot see any consistent dietary pattern that is associate with longevity. I suspect highly processed foods are unhealthy, I avoid margarine (mainly because it tastes horrible), I drink alcohol, I take potassium and one or two other supplements. But you will struggle to convince me that there is any such thing as a Mediterranean diet (if so, what is it – exactly), or that it is uniquely healthy. Nutrition is an area of scientific endeavor that is so full of absolute junk science that I content myself with the thought that no-one has, as yet, disproved the null hypothesis.
smartersig June 30, 2014 at 3:53 pm
I do not see why there needs to be a consistency between diets that are good for you. It is perfectly possible that two diets with little in common could both be very healthy for your heart. On the other hand there is research that has isolated certain food substances eg tomatoes and shown that they have positive effects on blood circulation. Should we not take note of these tests and integrate foods such as tom’s into our diet. Your reply is in danger of giving the impression that beyond processed food we might as well take a ‘sod it’ approach and eat anything. Surely this is a dangerous path for many already with heart disease ?.
Dr. Malcolm Kendrick Post author July 1, 2014 at 9:40 am
Well if different diets are perfectly healthy, which ones are not? One of my central drivers is not to bombard people with advice to this, or do that, unless it is absolutely clear that there is good evidence. Medicine is littered with activities and advice that has turned out to do far more harm than good. Also, get tomatoes have positive effects on blood circulation. But what does this mean. That eating tomatoes is proven to increase life expectancy? Where is the evidence. I am sure they cannot do you any harm. Eat them if you want, but in general don’t base eating habits on surrogate end-points.
kimyo June 30, 2014 at 9:07 pm
>> I cannot see any consistent dietary pattern that is associate with longevity.
one pattern that seems to matter is the consumption of fermented foods. okinawans: natto, french: brie, sardinians: casu marza (fermented once as a sheep’s milk pecorino, then again by larvae/maggots)
They found that each 10 microgram increase in daily vitamin K2 consumption was associated with a 9% lower incidence of heart attack. Participants consumed an average of 29 micrograms K2 per day, with a range of 0.9 to 128 micrograms. That means that participants with the highest intake had a very much reduced incidence of heart attack on average. Vitamin K2 comes from animal foods (especially organs and pastured dairy)and fermented foods such as cheese, sauerkraut, miso and natto.
paleo man would have had limitless access to fermented foods. a favored food of the inuits was fermented fish.
smartersig July 1, 2014 at 10:14 am
I agree that some dietary tests based on recollection can be dodgy but that does not change the fact that certain populations have remarkably low levels of heart disease. We have to examine and pull apart why that is and diet seems the obvious candidate.
Dr. Malcolm Kendrick Post author July 1, 2014 at 10:39 am
Diet is a possible candidate. One of many. diet has been studied again and again and again and again and still, no definitive conclusions. As Albert Einstein said (sic) ‘the definition of insanity is doing the same things again and again, and expecting different results.’
smartersig July 1, 2014 at 12:36 pm
I do not think it s impossible to draw out some evidence about certain food types. Lets take the example of tomatoes. If a group do not generally eat tomatoes and you then split them and ask one to eat generous doses whilst the other do not and you then find that the first group have significantly lowered CRP and/or Trig’s than the second group you can suggest that tom’s are producing this result. Now should we ignore this result because it might just be that the first group did not actually bother to eat the tom’s as much as they said they did and perhaps their lowered readings are due to some other chance intervention. These kinds of analysis are about suggesting the chance that in this case tom’s are the reason. As patients we then have to make our bets based on this element of chance. Knowing that I may just be boosting tom growers profits only but at least not incurring side effects makes it worth the bet. This is quite different from sending out questionnaires and asking people what they ate for the last 5 years.
Dr. Malcolm Kendrick Post author July 1, 2014 at 12:42 pm
I am possibly not making myself clear. Altering blood test measurements is one thing. Knowing that those alterations result in less heart attacks, strokes etc. is another. For example. We know that a raised blood sugar level is associated with high rate of cardiovascular disease and premature death. If we give (type II diabetics) insulin, their blood sugar levels drops, their rate of death from heart attacks and strokes goes up.
Maureen Berry July 1, 2014 at 9:15 am
I think that avoiding processed foods is indeed the biggest factor. Personally I follow the Atkins Diet, eating moderate protein, high natural fats (grass fed butter, olive oil, lard) and lots of green veggies, but very often the common factor in ‘healthy’ diets is the lack of processed foods. I don’t touch any wheat or grain products and no margarines or industrially manufactured oils. I buy my olive oil direct from the press in Southern Spain. Virtually all research on diet is by observational study, and it’s fatally flawed. People have poor recollection of what they have eaten, if they are supposed to be following a diet they don’t adhere to it. You can’t keep people incarcerated for years in a secure place, to ensure compliance. People lie, just like I tell my doctor I drink 14 units a week! I have far more heart healthy red wine than that! And the animal studies are worse. Denise Minger describes in great detail why all these studies aren’t worth the paper they are written on. http://www.rawfoodsos.com
Teresa July 1, 2014 at 9:55 am
I had a stroke early last year in feb and refused statins as my cholesterol was 8.2 I just eat real food absolutely nothing processed following the Harcombe diet and the dissident diet and managed without pharmaceutical help to get that down to 5.8!!
Nobody needs statins to get their cholesterol down and if you think you do you need to read the good Drs book
I have had allot of GPs Rudely ask me what medical school I went to to come to this conclusion.
Paula Roughton September 30, 2014 at 7:30 am
Hello Teresa, I think we have communicated on FB THD. I am due to undergo further tests ‘re ?2 blockages in my heart mechanisms. I too have a supposedly sky high cholesterol level. But refuse statins. I am going for repeat bloods today to see if any changes since THD for 3 months. Scared & confused Paula (min)
I emailed you ecstatically last time .
This time I stand and applaud you.
A brilliant pierocentre of work and a testament to your intelligence , humour, common sense and courage. Not to mention the fact that you can actually write !
Well done.
And keep on trucking
cheap hcg September 11, 2014 at 3:16 am
Hi there! I could have sworn I’ve been to this web site before but
after browsing through a few of the articles I realized it’s new to
me. Anyways, I’m certainly delighted I stumbled upon it and I’ll be book-marking it and checking back frequently!
kimyo September 29, 2014 at 10:06 pm
n. smith’s question is listed immediately below. another commentor has helpfully answered.
i’ve followed this particular page by email for more than a year now and i’ve never seen a comment deleted.
n. smith asked about the necessity of fasting before a cholesterol blood test. eddie mitchell was kind enough to provide the results of a canadian study saying:
Canadian researchers found that mean levels of total cholesterol and HDL-cholesterol varied by less than 2% among individuals with fasting times of between one and 16 hours.
The researchers concluded fasting for routine lipid levels was ‘largely unnecessary’, contradicting best practice as recommended by NICE and the Joint British Societies.
David Morris September 30, 2014 at 7:49 am
Why are people who read this blog worrying about cholesterol? Forget about your cholesterol and enjoy your life!
Dr. Malcolm Kendrick Post author September 30, 2014 at 8:23 am
Here, here.
smartersig September 30, 2014 at 3:41 pm
Its a testimony to how well we have been hijacked by the medical profession. Having said that I don’t think we should just ignore cholesterol and enjoy life as it tends to suggest we forget about any markers and simply party on until we die. I am more interested in finding out what we should be looking at and also how we should be living in order to maximise health. There is a mode of thought at the moment that LDL particle size is more important than the simplistic LDL count. I have had no luck finding a test centre for this in the UK (you can get it for 80 dollars in the USA) until last week when my blood test provider informed me that they are about to introduce it. I do not want to be accused of spamming but if you want further details than please ask or check my blog at http://heartattackandthenhs.wordpress.com/
Fantastic work and great resource for people, I thoroughly recommend your book and your website.
A word of, not advice exactly, but caution to people in this situation when dealing with medics. If you expect them to approve of what you do, think again.
Try to be as informed as possible. Don’t have an investigation unless you are considering a different course of action from the one you are currently following.
Dealing with medics about cholesterol or statins is like discussing the Middle East solution in the same room as Bashar Al-Assad, Benjamin Netyanhu and Mahmoud Abbas.
We have to be very skilful when dealing with doctors. Telling a conventional doctor that we don’t intend to take a statin is tricky – particularly if we are in a vulnerable position. This is not easy. However, being forewarned is being forearmed and the clearer we are about what we want to happen, the better.
Afifah February 22, 2017 at 5:12 pm
Have you read Dr Kendrick’s more recent book? It is even better than the first, and absolutely worth you reading and sending to friends, especially those in the medical profession. It is called Doctoring Data and it is the best book of last year, for sure.
Brigitte Koren December 10, 2014 at 6:46 pm
How do I scribe to this blog?
Dr. Malcolm Kendrick Post author December 10, 2014 at 7:59 pm
I am not sure what you mean. You can click on the link that allows you to receive notification when another blog is written
Cath Bruzzone December 29, 2014 at 12:26 am
Are you no longer involved with the private GP practice? I was looking for the link to its website tonight as I wanted to pass on the very useful ‘tips for a healthy life’ that were on the site but I can’t find it any more. Maybe you could post the list of tips on another blog?
Dr. Malcolm Kendrick Post author December 29, 2014 at 10:25 am
We have had to stop due to access problems to the clinic. Will be re-starting next year
Cath Bruzzone December 31, 2014 at 12:13 pm
Thanks for your prompt reply re the clinic. I’m nowhere nr Macclesfield & (thankfully) rarely go to my GP but thought your tips for healthy living were great. Happy New Year & keep on campaigning! (PS Ordered your new book. Looking forward to reading it.)
Jean January 16, 2015 at 6:07 am
well i enjoyed the book about cholesterol, and I learned a few things and loved your writing style and humour. I think the best thing that comes from blogs like this is that people are talking. There is some movement stirring in the Heart foundation’s tired low fat message and stupid tick programs (I think they are reviewing it), and I hear murmurs in the Diabetes front finally accepting low carb diets are worth looking at. The best thing is people are questioning and talking and not accepting junk science and power and politics influencing the truth (although a long way to go). Unfortunatey the truth is still out there given that no one can agree on anything but at least we can say ‘hey, stop that low fat rubbish!’ I’d love to put a dietician, a biochemist, a scientist and a doctor in a room and not let them out till they agree on something.
Mike Henley January 28, 2015 at 11:11 am
Great book, really enjoyed it. I am a urologist who loves lateral thinking, lateral thinkers and those in general who dare to be heretics (one of the reasons why the Governments introduction of a GMC requirement to promote ‘public confidence in doctor’s’ is so worrying).
My question is however around the books assertion that there is no overall survival benefit for primary prevention. Does this meta-analysis change that assertion?
Comparative benefits of statins in the primary and secondary prevention of major coronary events and all-cause mortality: a network meta-analysis of placebo-controlled and active-comparator trials
I’ve not got access to the full article and I note that the abstract doesn’t split primary and secondary prevention but it looks interesting none the less.
Yours, open mindedly!
Dr. Malcolm Kendrick Post author May 21, 2015 at 9:36 pm
Will have a look. But these things take time. The statistical manipulation is usually complex, hidden in various ways, and incredibly difficult to interpret. Since there have been no new studies in the last ten years, since JUPITER anyway, this must just be a re-re-re-hash of the same old stuff
Karen May 21, 2015 at 6:20 pm
gabklein May 24, 2015 at 10:46 am
Thank you, Dr. Kendrick, for this blog (“found” you via your interview with Dr. Mercola! He’s soooo good!).
Having scanned many of the comments, it must be scary to have a high LDL relative to the HDL. What I understand about this is that the ratio is what matters, not the actual levels (I can not now remember what is the healthy ratio). I manage to keep my HDL levels high by supplementing with a good Omega 3:6:9 oil, eating sardines and saturated fats (coconut oil and butter), eating lots of vegetables (raw and cooked), and basically a Mediterranean diet with no red-meat (because I can not buy organic red meat in my country). I do yoga and meditate, I walk outside in the daylight every day, and I try to limit how much I sit. When I am sitting, I get up every ten minutes or so and do some squats. I eat almost nothing sweet (only a little fruit and very dark chocolate), and very little dairy (Parmesan cheese, occasionally some goats’ Feta). I am also active in social activities (choirs, folk dancing, volunteering) , and I do believe all these really help to keep my cholesterol ratio healthy (LDL on the high side, but HDL also very high) and blood pressure at 120/80 (I am 65). They also help me to feel emotionally balanced – never too high or too low.
I’ve had CFS – I say had, because I have recovered – yes, it can be done. True, I have remained vulnerable to stressors, but I do not get major relapses, and I recover from them. So how did I do it? Through a combination of Osteopathic treatments, Mindfulness Meditation (was referred by my GP to the Homeopathic Hospital in Glasgow – maybe available in other places?), dietary changes, and EFT (Emotional Freedom Techniques) – this last one being the most effective method (learn how to do it for free by doing an Internet search). I also followed a programme for recovering from CFS which I purchased on-line, but I suppose I can not name it on here as it could be construed as marketing. It re-programmes the Amygdala so that it stops firing fight or flight messages to the Hypothalamus, which are what trigger the ME/CFS symptoms. So, to anyone who is suffering from CFS/ME/Fibromyalgia, which can be a life sentence as described above by Katie, the good news is: you can recover from it. I did, seven years ago (and I know many others who also recovered using the re-programming methods above). I got my life back.
Oh, and I forgot to say that I avoid my GP. I go to her for blood tests twice a year (to monitor the hypothyroidism), then take the results to a Naturopath, who keeps me on an even keel. By the way, the GP is OK about my high LDL because the HDL is also high, and respects my interest in nutrition and Naturopathy. She tries to persuade me to go for Mammograms, but accepts my reluctance when I point to studies from Scandinavia that challenge their effectiveness. I guess I am lucky.
I hope this post may encourage readers.
Thanks again to Dr. Kendrick
Allan Mitchell June 8, 2015 at 9:30 am
The Japanese eat very little fat and have fewer heart attacks than the American, British and Australians. The Inuit eat lots of fat and have fewer heart attacks than the Americans, British and Australians. The French drink lots of red wine and have fewer heart attacks, People in the middle of Africa have never even seen red wine and have fewer heart attacks The Germans drink lots of beer and eat lots of sausages and have fewer heart attacks.
The moral is eat and drink whatever you want. It’s speaking English that kills you.
005lesfrenes June 8, 2015 at 10:53 am
Dr. Paul Sherwood, sadly now deceased, treated tens of thousands of people for chronic back pain in his clinic in Devonshire Place, London, curing them of debilitating conditions, that were caused, he believed, by neck and spinal injuries, traumatic falls, whiplash, etc., which, to sum it up briefly, bruised the facet joints in the spine, causing inflammation and swelling in the nearby muscles, blocking lymphatic flow, eventually, after many years, leading to chronic pain. However, he also linked this understanding to CFS/ME and to heart attacks, due to the impact on the nerve ganglia, especially those in the Thoracic area, which affected the sympathetic and para-sympathetic nervous systems. His explanation of how this affected the blood vessels is more complex and I would not do it justice by trying to summarise it here. Suffice to say, that Dr. Sherwood understood the body in a way that did not chime with the medical establishment, and he told me the BMJ refused to publish his papers because he had not carried out double blind testing/research. He said to do so would be unethical as it would deprive some of those being researched from receiving the help they needed. He published two books, “Your Back, Your Health” and “Get Well, Stay Well” which are a treasure chest of new and effective ideas on many health issues. His thinking was “outside the box”, which made him so special. If I was to summarise his thinking I would say his focus was on lymphatic drainage. Thus, for example, in Get Well, Stay Well, he writes in a most fascinating way about ear, nose and throat problems in children, and the link between ear infections and behaviour problems. He offers instructions to parents on how to massage their children’s necks to encourage lymph drainage and consequent relief of symptoms.
I was lucky to have “found” Dr. Sherwood when I was ill with CFS (I had, indeed, many falls during my childhood and also during my adult years, some of them falls directly onto the coccyx which jolted the whole spine). His treatment went a long way to helping me overcome that dreadful condition, so much so that I was able to return to work within six weeks of starting his treatment.
If you can find a copy of Dr. Sherwood’s books, grab it, you’ll be amazed by his thinking.
005lesfrenes June 8, 2015 at 10:58 am
I forgot to mention that Dr. Sherwood’s treatment completely cured me of the chronic back pain I had endured for 35 years, which had become an intolerable burning pain with the CFS!!!
Andrew August 18, 2015 at 3:17 pm
Not quite. It’s eating fructose/sugar that kills you. Traditional Japenese don’t, Inuit don’t, traditional Africans don’t, the French much less and the Germans still less than the British, Americans and Australians.
Joseph Spicer August 5, 2015 at 11:19 pm
Read your book, excellent read. Recommended it to others. I wrote an essay for publication on the CIP website and quoted your work as a similar example of cognitive dissonance.
I would like to send you a copy if you had the time?, but would need a contract email address.
Andrew August 18, 2015 at 3:11 pm
The bihormonal hypothesis is of course 50 years old. It is correct almost by definition, as interactions between BG, insulin and glucagon are so strong.
Yet as we all know, the pharmaceutical industry is by no means interested in actually “solving” a disease (which would destroy their business model), but instead aims at maximizing revenues by treating a disease, if possible life-long. The insulin-based approach suited that puropose perfectly, which is why any other explanation was soon “forgotten” by sponsored research.
But even in a bihormonal framework, the key to diabetes is probably the same: fructose.
Fructose not only drives overconsumption, mutes satiety, raises uric acid, induces insulin resistance, chronically elevates blood sugar, boosts gluconeogenesis and de novo lipogenesis in the liver, drives inflammation and protein glycation, increases sLDL, but also interferes with glucagon thresholds. Especially in the form of sucrose or HFCS (one part fructose, one part glucose), this is the perfect storm. Note that weight gain and chronic low-grade inflammation are themselves closely correlated to glucagon levels.
Only in a high-fructose culture does it matter to control carb intake (because fructose blocks the effects of insulin). In a low-fructose (i.e. low-sugar) culture, you can eat as much rice, potatoes etc. as you like and stay healthy. Which is of course exactly what you see in many traditional diets (Japanese: rice, Indian: rice, Arab: bread, African: couscous etc., Latin American: quinoa etc.). “Low-carb” therefore misses the point somewhat and eliminates too much of a good thing: while the real problem is fructose/sugar, it throws out all carbs.
smartersig August 18, 2015 at 6:30 pm
The question that always crops up with regard to Fructose is how do we stand with regard to fruit ?
kimyo August 27, 2015 at 9:32 am
aside from amazon, is there a bookseller in the u.s. which carries ‘doctoring data’? i’ve checked the strand, powell’s, barnes and noble, and a handful of others without joy.
Jean August 27, 2015 at 3:41 pm
Dear Dr Kendrick. I have written before about a friend who suffered terrible side effects on statins who is now just shy of 80, off statins and loving life!
I now have a male friend who has been on statins for two years, not for cholesterol (4.4) but because he had a leaky heart valve. he has recently had open heart surgery and the valve replaced with a pigs valve. He is recovering well, but is very depressed, anxious, no appetite and the only drug they have asked him to keep taking is Lipitor!! I have sent his partner articles about depression and anxiety caused by statins, but he thinks because the cardiologist thinks the statin is good for him, he must take it. His BP, weight etc is all good and no cardio disease.
would welcome any comment?
natures pure 5 htp diet September 13, 2015 at 7:01 am
What’s up, the whole thing is going fine here and ofcourse
every one is sharing data, that’s genuinely fine, keep up writing.
Tracy Mansfield September 29, 2015 at 8:37 pm
Hi Dr kendrick, our family started lchf 4 months ago and have lost 5 stone between us and never felt healthier. I’m like a sponge when it comes to gathering information about this, research everything I can. Just watched the al-jazeraa show about sugar. I’m delighted that we actually have someone like you along with zoe harcombe and dr asheem malhotra to push this message across in the uk
Dr. Malcolm Kendrick Post author September 29, 2015 at 9:50 pm
Linda Pennykid September 30, 2015 at 3:59 pm
It was very sad not to be able to meet up with you again at Cockenzie House at the end of August where you were one of the speakers at the Health Fair, only a family wedding that day down in Dunbar! took precedent. But that connection from your blog led onto Chris being seen and continuing to be helped in his diabetes by Core Health who were hosting the event.
So happy your presence is creating worthwhile communications.
Nick November 13, 2015 at 12:03 am
just wondering what your advice would be to someone who is 28, has familial hypercholesterolaemia (heterozygous), and significant family history of premeature ACS? However note that this family history is 3 generations ago; the parent/grandparent level who have HeFH haven’t been affected and take high dose statins.
The family history seems to show a benefit to statins (sample size of only half a dozen people though). I’ve been taking statins for 10 years, side effects have been minor muscle pain and I feel a bit mentally slower than I would like.
Would you recommend continuing taking statins in this case? if not, what alternative would you suggest?
Dr. Malcolm Kendrick Post author November 13, 2015 at 8:00 am
A family history three generations ago is not a family history. Only first and second degree relatives count in taking a family history. If that is any help to you.
Bernard Toews December 2, 2015 at 10:10 pm
I have read your book, The Great Cholesterol Con, and read most of your comments on the Net about statins and the effects of same on the body. One of your commentaries states that someone with no CHD will not benefit from the use of statins. Do you know of any studies which show that a person (healthy in every way except for plaque in the arteries) in the early 70’s with several stents will not benefit (and may be harmed) by taking statins. Do you know of any studies showing that such a person will or might benefit from the use of statins.
mikecawdery January 23, 2016 at 1:07 pm
May be of interest
The Lancet $31.50 to read???
Revascularisation is recommended for most patients presenting with acute coronary syndromes,[1,2] with percutaneous coronary intervention the most common procedure. Besides dual antiplatelet treatment with aspirin and a platelet P2Y12 blocker (eg, clopidogrel, prasugrel, or ticagrelor), parenteral anticoagulation is mandatory in patients undergoing this procedure. Heparin, low-molecular-weight heparin, and the specific thrombin (factor II) blocker bivalirudin are currently used for anticoagulation.
To read this article in full you will need to make a payment No Open Access here; $31.50 for two pages.
And from the Lancet paper
S + A = streptokinase plus aspirin as decribed
Paper simply ignored but 1987-88 was the time that statins were starting to be used.
Dr. Malcolm Kendrick Post author February 11, 2016 at 8:34 am
Thanks for this
Steve Walsh January 25, 2016 at 11:23 am
Dear Dr Kendrick, following an episode in the summer when I felt unwell for a few days, I was attended by paramedics, blood pressure was very high 200 ish over 140ish can’t remember the exact numbers, I was also getting a lot of uncomfortable feelings of missed and very heavy fast heart rate, I was released the next day as everything has gone back to normal. I saw a consultant cardiologist and he sent a letter to my GP saying that he wanted to put me on statins, aspirin and ramipril 2.5mg and also suggested a angiogram, I refused statins as I’m not worried about my cholesterol 5.1. I stopped the Ramipril as I thought it was affecting my eyesight and I also developed a dry cough. On the day of the angiogram the consultant decided not to carry out the procedure after going through my symptoms. He has suggested 24 hr heart tape, 24 hour blood pressure echocardiogram and an exercise stress test. At that time I was 21st 7.75lbs and drinking one bottle of red most nights, he suggested total alcohol abstention, more exercise, cut out salt and for me to lose weight. I had the 24 heart rate monitor after I had stopped the ramipril and aspirin. The readings on average for the blood pressure were 165/95mmHg, the cardiologist has now suggested to my doctor to up my ramipril to 5mg and start Amlodipine 5mg. Christmas Day I had a back problem that was so severe that my back was going into spasm any time I moved after three very uncomfortable days where I was taking morphine, gas and air etc courtesy of paramedics I have decided a better lifestyle is the way forward. I take my blood pressure twice daily this morning 133/86, last night 139/91, I have reduced my wine intake to half a bottle each night and now exercise with my very young Golden retriever, normally one or two walks each day for anything up to two hours each and that’s raising my heart rate walks over fields, I try to always eat as suggested by Zoe Harcombe (I met you at the Birmingham conference two years ago), so that’s carb free and fresh food only, we never have bought ready meals, I don’t like anything sugary and eat very little in the way of carbs in any case. I don’t want to take the drugs prescribed by the cardiologist mainly because of the potential side effects, I don’t want my body to adapt to the drugs plus I would rather not take drugs for symtoms but rather treat the cause, so the halved rate of alcohol consumption is a lifestyle I can sustain, the exercise is something I can also sustain, since Christmas Day I have dropped my weight to 19st 13.5lbs and will continue. After all of that I arrive at my question, what is acceptable blood pressure? I am 55 and I understand it was once meant to be 100 plus age, so for me that would be 155, I am recently always well under that, my nurse friend says 140/90 and my cardiologist wants me to be closer to 120/80, with all the ‘stuff’ about statins, I am completely happy thanks to you about my cholesterol now I am in a quandary about blood pressure and wondering if the drug companies are also pushing drugs into this market acting like sheepdogs directing the direction that the medical opinions should go like sheep. I know you can’t give a specific answer to my conditions etc but I would greatly appreciate your views on current thinking on the effects of blood pressure on CVD, the specialist has suggested I may have ischemic heart decease and in the same letter state my symptoms where indicative of Hypertensive Heart Desease.
I believe in you as a Doctor and trust your opinion.
Maureen Berry February 11, 2016 at 9:02 am
Doctor Kendrick cannot reply to queries like this, I’m sure he would like to, but this is exactly what the ‘Medical Police’ are looking for, examples of him (or any of the doctors offering other than mainstream advice) acting in an inappropriate ‘doctor/ patient relationship’.
I just saw your post while looking for something else.
So, as a complete lay person, based on my own personal experience, this is what I think. You are doing exactly the right thing. If you want to research about High BP and medication, there is an excellent earlier blog by Doctor Kendrick that will set you on the right track. Your increased exercise and LCHF diet will, very likely, sort your BP out on it’s own. In my case my highest reading was 200/140 (I get very stressed and definitely have ‘white coat syndrome’, now, having followed LCHF for 4 years my BP averages 115/75. Buy yourself a meter, they are quite inexpensive, but be sure to get an upper arm one. I got an Omron one from Amazon, with a memory function, which is very useful, or the Boots own one is very good, if you don’t Internet Shop. (neither Boots nor Amazon pay their Corporation Tax, but sometimes, needs must!) Only take your BP once a week, make sure you are good and relaxed, an hour after you get back from walking the dog would be good. Record it (pen and paper will do) I use an app called iBP, only cheap and it’s excellent and easy to use. My doctor whizzes through it, finds out all sort of averages and transfers the info to my computer records on my annual MOT.
If you haven’t found any good LCHF info (although if you’ve heard Zoe Harcombe speak, you’re on the right lines) for clarity and solid information, I like Tim Noakes’ food lists. Google Real Meal Revolution Food lists. The green list is eat freely (I would stick to this, plus your half bottle of red wine while you still need to lose weight) and the Orange list when you are down to your target weight.
Good luck. I am sure that by now you will have made more significant progress, I hope your doctor is supportive of your efforts to improve your health by adapting significant lifestyle changes, but even if he is not, keep on keeping on. We need to reclaim our own health, not rely on the over medication alternative.
steve walsh March 7, 2016 at 11:07 am
Many thanks for your lengthy reply, very interesting, I have bought an Omron upper arm blood pressure monitor and take my blood pressure first thing in the morning before my black coffee, BP average over seven days has been 139/91, I do it again at five-ish and its normally a little higher, I have found my heart pulse rate has dropped to around 55 sometimes less one morning being 47, that does worry me slightly, I still can not find anywhere a good reference for a healthy BP, I have found out that 140/90 is only just above average, average being the mean line bang in the middle for everyone, it would be good to know what is still acceptable at both ends of the spectrum only because IF the average blood pressure is now the new high then at what point do I subconsciously start to create stress hormones because I’m told something that is wrong.
I’ve sacked the Cardiologist at my local hospital after the advice he was giving me, when asked why by his secretary I just said that I didn’t trust his advice and trust is important, I’m due to go to Nottingham in April to start again, my issue is why I get the symptoms that I get, so we will see. weight last week 19st4lb
Anna February 11, 2016 at 1:10 am
It’s so nice to have found you Dr Kendrick, I’m so bored of being manipulated, I’ve been trying to change my mind about illnesses and meds for over three years now, I decided not to go through x-rays anymore. I just want to thank you for opening my eyes
dylandonmel2015 March 6, 2016 at 9:21 pm
Dr Kendric has found a nice little earner for himself and it looks as if it works! Not for the patient, but to stuff his bank account……………. patients health problems are just a side issue…………… the cause and how to cure the problems? Who knows…………..who cares!
Kendric fails to even notice, that Scottish trained doctors, have the lowest level of training in the UK.
While Scotland has the unfortunate accolade of having so many people with health problems, there are steps being taken to give them more money than the patients in England. While the GP;s are forever being given higher salaries ? Any old fool could see through the idiotic nonsense of such a move. But the general trained doc. lets such information slide over his head like water off of a duck’s back!
Dr. Malcolm Kendrick Post author March 6, 2016 at 11:23 pm
Yes, well, the name is Kendrick, not Kendric. I have no real idea what your comment is about. Although I would say that when I went to Aberdeen University it was ranked number one in the UK. Of course, currently I do not live, or work, in Scotland. Which would be clear from reading what I write. So, perhaps you would like to turn your rant into something that a: is true b: gets my name right c: makes a clear cut point and d: is not an attempt at personal insult. I would also like to point out that in the UK GPs are not, generally paid salaries. They are partners in a business, and draw profits. Also, GPs have had a reducing income for the last five years. In fact, I don’t think anything in your comments is either true, or makes sense.
005lesfrenes March 7, 2016 at 12:06 pm
The post from dylandonmel 2015 sounds like gibberish but it also shows the writer’s ignorance. He or she does not have a clue what you are about. I think you are wonderful and thank goodness for people like you. If I lived in the UK I would want to live in your catchment area so that you could be my GP. If you do decide to take on private patients, I will be in touch.
Thanks soooooo much for all you do. I hope you publish your findings regarding Heart Disease.
I will add to Maureen Berry’s words that you are an international hero.
Maureen Berry March 7, 2016 at 9:20 am
Don’t feed the trolls – you have a delete button and you should use it. You have your band of loyal followers here, many of us eternally grateful for your honesty, integrity and intellect – you work things out that are highly complex and manage to explain in a simple, blindingly obvious way.
I have been watching the hearing of Tim Noakes with huge interest, it is now adjourned again, you brave doctors who choose to have the courage to speak out against the nonsense that pervades our NHS (and health systems throughout the English speaking world) are to be treasured. So there you are, Dr Kendrick, a national treasure. Keep doing what you do.
Dr. Malcolm Kendrick Post author March 7, 2016 at 11:29 am
I put such comments up, and sometimes reply to them. If only to remind readers that there are a large number of people out there who just enjoy writing stupid and insulting things.
Becky Wilkinson April 16, 2016 at 11:06 pm
Get thee behind me, Statin!
Ivor Mitackis March 10, 2016 at 7:57 pm
As an average layman, I understand a limited amount about medicine and am lost when it comes to the dark arts of spinning and manipulation in the world of clinical trials and data.
However, there have been quite sufficient scandals over recent decades to leave no doubt in any reasonable mind that the pharmaceutical industry in general is little more than a money generator for shareholders and certainly not a collective of high-minded altruists devoted to the health of humanity.
Unfortunately, their immense wealth also affords them enormous political, legal and media clout which they are only too prepared to deploy against ‘dissidents’ – like yourself – along with systematic ridicule, dismissal as cranks, rubbishing of qualifications, professionalism and motives and, whenever possible, questioning of integrity.
As I’m sure is the case for all too many, I believed happily in the wonders of modern medicine and was prepared blindly to give my trust to those bodies (NICE, AFSSAPS, FDA etc) which supposedly guard our interests and protect us from all harm… until, in 2012 and aged 57, I had my OWN experience following an MI, had a stent fitted and ended up on 80mg Atorvastatin daily. It was 30 months before a friend suggested that various ailments I complained of were, in her opinion, all caused by the statin. She recommended research on the internet, in particular, the work of Dr Michel de Lorgeril of Grenoble. I bought (and devoured) his book ‘Cholesterol and Statins: Sham Science and Bad Medicine’, along with much online material and found myself much enlightened – as well as disillusioned.
I have also just bought your own book, ‘The Great Cholesterol Con’.
However, the ‘great lie’ persists, the overwhelming majority of the medical establishment continues to condemn satanic Cholesterol (as if it served no useful purpose) and to prostrate itself before the altar of Statins – and the whole debate is largely kept from the wider public and stifled. And statins, even though their largest money-spinner, are far from being the only cause for concern over the claims, activities and power of the pharmaceutical industry.
On the internet, I’ve come across many respected names in various fields, from across the world, who are on the same side of the fence as yourself and Dr de Lorgeril, each able to bring their own brand of credible fire to bear on these issues.
However, unless I’m mistaken, there seems to be no cohesive professional group, organisation or ‘coalition of the willing’ able credibly to confront the ‘establishment’ and to provoke the storm which is surely needed.
500 professionals and experts arguing and publishing independently don’t have a fraction of the potential influence between them that a single organisation to which they all subscribed or belonged could command. Conferences may unite these worthy individuals for a few days and even manage to attract the passing attention of our fickle media – but this very soon fizzles out and any pustules left on the shiny face of the pharmaceutical industry are soon neatly airbrushed out of the popular consciousness.
Each voice in isolation is far too easy to discredit, to dismiss as that of just another crank or disgruntled mediocrity – and big business goes on, drowning any doubts among its corporate and governmental clients with yet more champagne, false propaganda, disinformation, patronising blandishments, generous grants… and, dare one suggest, outright bribes.
Is there such a body? If not, is there no possibility of creating one?
It’s hardly original but I feel it’s not overly dramatic in this context to quote: ‘all that is necessary for evil to triumph is for good men to do nothing’. One something which might be done is to organise those voices into a force which can’t simply be brushed aside with smug contempt and which just could begin to prise open the bunker door.
I’d appreciate your comments. Please accept my apologies for being so long-winded.
smartersig April 17, 2016 at 9:20 am
Hi, Your case sounds very similar to mine. I had a similar event and dumped all meds after 6 months. It became clear to me that heart disease is a food borne illness and yet the medical profession do not treat it as such. After much reading and research I decided to follow my own path with the help of like minded others. Initially simply to document my readings for my own purpose and reference I started a blog pretty soon after my MI and have been doing so for 3 years. I have also recently formed a Meetup group around nutrition and heart health here in Leicester. If anyone is interested in my ramblings please ask for details.
gwanwyn thomas April 17, 2016 at 12:49 pm
i would like to know about heart food
Jean April 18, 2016 at 10:06 am
Having mentioned a female friend of mine who had debilitating side effects on statins and came off them, is now 80, very fit etc, I have now heard the experience of another friend’s partner, who was put on statins a year ago. He has had a leaky heart valve replaced, but no CVD. They had a visit to the cardiologist the other day and my friend was ready to say that her partner was no longer the man she knew. He is severely anxious, depressed, forgets things and also cannot sleep with restless leg syndrome. He was so sure that he had to be on these pills that he was not going to say anything. My friend said that he was just not himself and the doctor said immediately “just come off them then!” Rather took the wind out of her sails. She had been ready with reduced serotonin levels due to low cholesterol (his cholesterol had never been above 4.9 anyway) et. etc. The doctor said “oh we are given all these drugs to give to people and cannot know all the side effects, just come off”.
What I do not understand is why he was on them. He has not had a heart attack or stroke, has had medicals all his life as a pilot. I wonder how long it will take for his symptoms to subside and get back this highly intelligent, funny man that we all used to know?
Teresa Murphy-Swann April 18, 2016 at 11:10 am
My mother was also put on statins and suffered terribly with hip pains due to the statins and her levels were not high at all.
She was told everybody over the age of 40 was told they should be on them,for her he said it would help with the loss of my father and grieving! Just shocking!!
She’s now 77 with no problems what so ever now she’s been off of them for over 5 years.
I had a stroke a few year ago and told the specialist absolutely no on statins and have worked on a healthy diet and fitness regime
Angela May 20, 2016 at 8:35 pm
Six months ago I posted here. I was very confused, distressed and just plain angry to be told in no uncertain terms at the hospital diabetes clinic that it was essential for me to start taking statins. I was diagnosed with late onset Type 1 diabetes in November 2014, and statins hadn’t been suggested either at the time of diagnosis or at previous clinic visits over the year.
As I also have fibromyalgia and restless leg syndrome to manage, the idea of forever taking a drug with such potentially harmful side effects wasn’t something I could easily accept. Daily life can be quite a struggle as it is!
I met with my GP to discuss this and when she printed off the letter sent to her by the hospital doctor I was furious to see that he was basically telling her that she had to “put this patient on statins”. I felt I was being allowed no say at all in how my own body should be treated.
She said we should have a discussion about it and ordered another blood lipids test, which came back at 6.5, with a ratio of 4.6. We met again and I was braced to tell her I was not going to take statins whatever the result. However she said she that though my cholesterol was “above target” she had to look at the whole picture and didn’t feel statins would be of sufficient potential benefit for me to warrant my taking them.
So far so good, but this week I had to return to the diabetes clinic, again braced to say NO! To statins. This time I saw a consultant, and mentioned straight away that I didn’t want to take statins. To my amazement and delight he didn’t think I should to take them either. Partly because he felt fibromyalgia was a perfectly valid reason to avoid them, but also because he said that taking them is precautionary rather then preventive. An interesting distinction.
He also queried the usefulness of using QRISK when someone with diabetes is basically given the same risk factor as someone who has already has CVD. Especially so in my case as my diabetes was only diagnosed when I was 62 and because it is very well managed. QRISK still automatically triples my risk from 8% to 24% just because I have diabetes. Add my postcode and it raises the figure to 27%! I gather too that it can be routine to prescribe statins for anyone over the age of 40 with diabetes.
My consultant thought that a family history of no CVD whatsoever and the fact I have never smoked are much more significant factors when it comes to calculating risks. The impression I got from both GP and specialist was that they didn’t place too much faith in how risk was being calculated.
In any case I would have refused the statins, but it was good to know that in my case I won’t be treated like a recalcitrant child for not wanting to take them. Is it too much to hope that this is a sign of a change in how statins are being prescribed?
Afifah May 22, 2016 at 9:28 pm
Great comment on the ridiculousness of the ‘guidelines’ and ‘risk calculations’, all clearly are just guff. However I just want to let you know, Angela, that your late onset type 1 diabetes can almost definitely be treated MUCH better by you without your doctors help, than with them. Sounds sacrilegious doesn’t it, but by now you should know that I might just be right.
So, the first thing you should do is stop eating any form of cereal grain. These are well known for causing all forms of autoimmunity, and T1D is in that category. Here are three recently published papers on this very subject, so have a read: http://www.ncbi.nlm.nih.gov/pubmed/26293006;
http://www.ncbi.nlm.nih.gov/pubmed/26343710; http://www.ncbi.nlm.nih.gov/pubmed/26430419. However, all these paper have focused on ‘gluten’ with an assumption that gluten is only in wheat, rye, barley and possibly oats. I can, however, assure you that gluten, which is a prolamine, is in ALL the cereal grains, including oats, corn, rice, sorghum, millet, teff, spelt etc. So, don’t be fooled by the word ‘gluten free’ on products in supermarkets etc, just avoid the lot.
Secondly, helping your pancreas recover from the damage it has had will best be done by keeping to a very low carbohydrate diet. Carbohydrates are, by definition, starches and sugars, so that means potatoes, sweet potatoes and parsnips, as the main vegetable starches (once the grains are out of your life, as already suggested, as they contain a lot of starch along with their noxious prolamines/glutens, so that is gives you twice the reason to avoid them totally), and it also means ditching most fruit, sugar (obviously), honey, maple syrup etc. The result will be what is now called the low carb paleo diet (as opposed to the high carb paleo diet which includes a lot of fruit), and you will be able to markedly reduce your insulin! You will be able to properly match your insulin to your blood glucose if you frequently do finger prick blood tests, and I am sure you will get it right as it is such an straightforward concept and there is every likelihood that you will just ‘get it’. Insulin is ONLY there to manage the glucose, so if there isn’t much glucose you won’t need much insulin. It really is as simple as that. Type 1 people have been known to get off insulin completely using this approach, but of course every one is an individual, and I am certainly not your physician so only do this by taking responsibility for it yourself. But once you get the idea I am sure you will be sensible, and gradual, and there is no reason that it won’t work. You will need to replace the calories lost by not eating the carbs, and this is best done by increasing your fats (butter, coconut oil, olive oil, avocados, nuts etc) and that is easy, delicious and very very safe. Good luck and let us know how it goes!
dylandonmel2015 May 23, 2016 at 3:34 pm
Malcolm there is no such thing as TYPE one / TYPE 2 diabetes. I will refrain from going into this, although I could give you incontrovertible information to support my statement . But doctors are on a roll nowadays, they are now dealers, where they once were healers. In a recent comment to you I stated “Scottish doctors are some of the worst trained medics in the field of medicine today” you reacted, defensively and unprofessionally. You ought to have digested such a statement, and questioned your own conscience. Then perhaps given a grown up reply.
Throughout the globe, we have health professionals whose knowledge of the human body, would put Scottish doctors to shame.
Is it any wonder Scotland is known as “the sick man of Europe”
Mike Rickaby May 21, 2016 at 8:58 am
I have just finished your book The Great Cholesterol Con and may I say that I thoroughly enjoyed it and confirmed what I thought about this cholesterol guff in the first place!!
Well done nice work
Jean May 21, 2016 at 9:59 am
My friend’s partner (above) has now been off statins for 4 weeks. The difference is incredible. Not anxious, much more lively, no restless leg syndrome, sleeping better.
I went for a 5 year health screen at my GP surgery a while ago. My BP is 110/60, no CVD anywhere in the family and my cholesterol is 4.8. She said I was just under a 10% risk and that normally they would recommend a statin. I said “surely anybody of 69 years of age must be a 10% risk?” I also told her what she could go with her statins.
Maureen Berry May 23, 2016 at 6:06 pm
There are loads of different terms used for diabetics – at the end of the day there are those that produce no insulin and will always need injected insulin, though much less to cover a seriously carb restricted diet, which seems to me to be the most sensible option. There are those that produce some insulin and with a severely carb restricted diet, may need no medication. Type 1s can occasionally enter a ‘honeymoon period’ where insulin is not required, if caught early enough. It’s a complex subject and, I would have thought, well beyond the scope of this blog.
Without a shadow of a doubt, the best reference for this is Dr Richard Bernstein. It is just a shame that his expertise must soon be lost (in his 80s, he cannot keep working for ever) but his work, his books, his You Tube videos are an essential and an inspiration for every diabetic, in my opinion. His regime may be difficult to follow, but it gives real hope and a future to diabetics, without a doubt!
I am quite mystified why any individual feels it necessary to stalk a person’s blog who they clearly do not respect, and thinks it okay to make such aggressive posts. dylandonmel (Mrs Carol Jewell) just go away!
David Morris May 23, 2016 at 6:16 pm
Hear, hear
steve walsh May 31, 2016 at 8:55 am
Just been for a week in the sun, read three books, The Great Cholesterol Con, Doctoring Data and the Battle of Waterloo, the first two are excellent books by Dr Kendrick, explained a lot of medical stuff very well in terms I could understand, thank you, just need to learn some of it so I can put my case when I next go to the cardiologist, I am hoping that I can encourage the Doctor to treat the causes not just chemically alter my blood so that the numbers look better.
At last one of a few doctors willing to express concerns about our health.
The strangle hold that the pharmaceutical and chemical companies have on our doctors. scientists and researchers is unethical
It would have been refreshing if this could have been what the junior doctors strike was about for example,
Furnishing doctors with information on the effects of carbon monoxide and natural gas poisoning and the long term effects on the human body and the endocrine system and why B12 vitamin shots are being withheld from patients who need them as well as many other things, surely these would have been honourable reasons also to strike for ?
Alexander July 16, 2016 at 2:48 pm
Hello! I’m from Russia. I do not speak good English, so I apologize for any inaccuracies. I was looking for information on the Internet about statins, cholesterol, and the latest research in this area. I read the news on the site http://www.dailymail.co.uk, called Health: Cholesterol: The big fat lie, plus how to prevent heart disease. I began to search for information about research confirming the findings in it. And to his surprise he found that the book, entitled “The Great Cholesterol Con”, there are two different authors, you and someone named Anthony Colpo. It’s a bit confusing. On his site rather harshly criticized the health care system and the pharmaceutical business. I liked it and I even thought that’s what you are. But then I considered the better and found that it’s likely to be two different authors … Or I’m wrong and this is your nickname? How is it that books have the same name, and apparently their content too similar ??? Both of these books are on http://www.amazon.com. (Book I have not read) What do you think about this author? (If it is not you). Do you agree with his strong statements on his website?
Dr. Malcolm Kendrick Post author July 17, 2016 at 9:32 am
Anthony Colpo wrote his book first, then I wrote mine. I later discovered we had the same title. So, two different people, two different books (on the same subject). I agree with much of what Anthony says, I prefer not to be as highly critical as him – I think it puts people off.
Steve Walsh November 4, 2016 at 10:00 am
So far bought 8 copies of The Great Cholesterol Con, I give them away to people, friends on statins mainly, my wife’s best friend a nurse practitioner, thought it was all not true and wouldn’t read it, there are non so blind as those who will not see.
Michael Cody October 3, 2016 at 9:01 am
Just received this paper
I wonder if it will make the newspapers.
James Longmire November 4, 2016 at 4:59 am
I’ve just ordered a book by Dr Clifton Meador, which will be welcome distraction during my convelescence – I’m booked in for several ‘Cabbages’ next week, and ‘looking forward’ (!) to the inevitable discussions regarding my Compliance of the Most Holy Guidelines, re: medications… and diet.
Dr Meador’s book will join both of yours on my library shelf, along with the THINCS tome. I’m tempted to take one of them in with me, as I may be there for 7 to 10 days… Or would you think it to be ‘Politically Reckless’ to pollute Australia’s leading Cardio. Hospital with such Heresies?
Dr. Malcolm Kendrick Post author November 4, 2016 at 8:35 am
They will probably all spontaneously combust in the unit.
bill November 6, 2016 at 3:13 pm
Am i correct in presuming that Aspirin is the most essentail drug to take after a cabbage?
Dr. Malcolm Kendrick Post author November 7, 2016 at 8:28 am
Most medical authorities would say clopidogrel.
bill chambers February 23, 2017 at 4:54 pm
sorry I should have been clearer…..I had my cabg 10 years ago and have never taken statins…aspirin…ramipril…beta blockers….etc I eat well and I walk 5miles each day and i feel fantastic so it would be sad to take drugs and cope with the side effects? It took me 62yrs to clog up and I am 72 now..non diabetic…happy…..but! should i at least take an aspirin?????
Steve Walsh November 6, 2016 at 9:47 pm
Frances Lothian February 13, 2017 at 5:23 pm
I completely agree that cholesterol is not necessarily the cause of heart disease. However my partner who is 62 has recently been diagnosed with CVD and at his angiogram last week they found a critical blockage of 90-99% in one of his arteries. He is on statins, betablockers, aspirin and nitrates.
I certainly don’t want to go around telling him to come off any of the drugs he has been prescribed. However he is feeling tired, cold and headachey.
His only risk factor is that his father had a heart attack at the age of 48. Otherwise he is slim, eats a healthy diet and takes regular exercise and doesn’t smoke. However I think he eats too many sugary foods like biscuits and puts sugar in his coffee. Until I met him (six years ago) he was using spreads rather than butter. I forced him off those at least!
He will be going for angioplasty in two week’s time. I am going to suggest he takes fish oils and vitamin C. Do you have any advice?
Josef Boberg February 20, 2017 at 9:44 pm
Anna Watson May 27, 2017 at 2:46 pm
What do you think of this, Dr Kendrick? Trying to justify Statins again?
Carol Jackson June 14, 2017 at 8:19 pm
I’ve recently moved to London from Canada where I was prescribed desiccated thyroid.
I went last week to the NHS practice in my area and the Doctor refused to give me an NHS prescription.
Do you know if any GPs or Endocrinologists in Central London that will prescribe desiccated thyroid on the NHS
Dr. Malcolm Kendrick Post author June 14, 2017 at 9:42 pm
Sorry. No.
gwanwyn thomas June 15, 2017 at 8:20 pm
what on earth is desiccated thyroid. ?
James June 16, 2017 at 12:36 am
Justin Roger Blowers July 26, 2017 at 8:57 am
This is an email I sent to Bill Padley on TRE before he had you as a guest. I don’t expect you or he will have time to go through it all, so I’d be most grateful for any further comments and help …I don’t want to be taking any of these pills unnecessarily, ESPECIALLY if they are possibly causing FURTHER problems!! Thanks Justin Blowers
“First some background.
I am 77, (but look younger…and have had a healthy, sporty life until I’d been in Spain a few years …say about 10years ago, when I was prescribed RABREPAZOLE for acid reflux which was annoying but not too much so. This seemed to work but was changed to OMEPRAZOLE 20mg(much cheaper, but I was given no reason!). I was never told the possible side effects, and never actually noticed any.
Since then I have had a gastroscopy and discovered a mild hiatus hernia, and i still get acid reflux if I eat too much spicy food.
I was put on statin about 10 years ago, although my cholesterol and BP have never been really high …now on Atorvastatin 40 mg , despite my asking if it was now really necessary.
I have since, about 3 years ago been diagnosed with Atrial Fibrillation ….with no obvious cause and prescribed BISOPROLOL (2.5mg/day), SINTROM (1mg/day) and later Amiodarone 200mg. I have just been ‘signed off’ by my cardiologist but still have to take the pills.
I read that Bisoprolol and Amiodarone BOTH have Dizziness/Faintness stated possible side effect, and I suffer badly from this when I stand up suddenly. Asked the GP and got a bollocking for ‘reading Internet and leaflets in the box …”If there were a problem I’d have told you!” !!!
ALSO I am prescribed Tamsulosina 0.4mg for enlarged prostate which appears to have had no effect other than unpleasant effects on my sex life !!!! And lormetazapam 1 mg for night panic attacks, which it does help with!
Thanks, Bill any help much appreciated …I’d have discussed more with my GP but he is a dick!”
auditiescardsshowyoucare October 6, 2017 at 2:28 am
I just want to write a quick note to tell you how much I’m enjoying Doctoring Data. It’s a real page turner! Fascinating read.
Thank you.
Dr. Malcolm Kendrick Post author October 6, 2017 at 9:44 am
Thank you for your kind words
John Russell October 25, 2017 at 5:42 pm
BBC Radio 4, today 25/10 Inside Health. Claiming that they have tested statins and found they are useful in fighting infection, most notably pneumonia. Any thoughts?
Dr. Malcolm Kendrick Post author November 27, 2017 at 8:15 pm
They might be. They have many off target effects, or pleiotropic effects. Just because I don’t believe they have a, slight, benefit on CVD by their LDL lowering effects, this does not mean I discount that they could do something else useful. Thalidomide is now used in the treatment of cancer, leprosy, HIV, lupus, and Crohn’s disease. Who’d a thunk.
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Randall October 8, 2019 at 7:47 pm
Dr. Jason Fung shows why your doctor is liable to be either corrupted by big pharma or is being misled by the prestigious journals he should not be so trusting of. Talks about Dr. Malcolm Kendrick https://www.youtube.com/watch?time_continue=6&v=z6IO2DZjOkY
Peter Candlish March 30, 2020 at 8:48 am
As an ex Economics graduate, I still recall my Health Economics lectures highlighting Health Demand is unlimited but resources are not. QALY years and NICE represent a way to find a currency to make difficult decisions about society that are blurred at the individual level. The death of a loved one is a tragedy at the personal level but not even a mention at the society level.
Thank you for bringing measured discussion of a difficult area – let give space to our politicians who try to discuss it. Covid-19 will pass but the issue of how to allocate scarce resources will not (and never has !). But let us at least have an open discussion and avoid choices being made in secret (by doctors/administrators in the old days) or by the most effective pressure groups in the modern world
Magnus April 9, 2020 at 10:35 pm
I busy reading your book, and it is great. I need help, I am a 32 year old from South Africa with 7.9 Total Cholesterol. My LDL is 6.2.
What will you suggest I do, must I lower my Total cholesterol for a possible heart attack in the future. And how will I lower it. Any advise
janetgrovesart April 10, 2020 at 7:41 am
Hello, Magnus – eat real low carb food, no bread, pasta, rice, cakes, sweets, biscuits, root vegetables etc., etc. Plenty of hard walking exercise, exposure to sun half an hour a day. And no smoking, naturally. Your triglycerides will tumble, your HDL will soar and then you won’t need to worry about LDL levels. Your LDL is an essential part of your immune system. Oh, and read Dr. Kendrick’s marvellous books on the subject.
Good luck,
Bill April 10, 2020 at 7:54 am
Get rid of simple carbs and sugar and alcohol ! Get more exercise!!
Janet Love April 10, 2020 at 11:44 am
smartersig April 10, 2020 at 8:35 am
If you have them post your full blood panel especially your Trig’s and HDL. If anyone on here can prove that low Trigs and high HDL can lead to heart disease regardless of LDL levels then there is an American guy willing to pay you 5k dollars as a reward
ballarinagirl April 10, 2020 at 10:05 am
The are, HDL is 1.2, Trigs is 1.2.
smartersig April 10, 2020 at 9:07 pm
As others have suggested remove simple carbs/sugars oils and get your Trigs below 1, hopefully your HDL will rise a tad too
David Morris April 10, 2020 at 9:23 am
Carry on reading the book. The answer to your question is contained within.
dylandonmel2015 April 14, 2020 at 2:38 pm
Janet Love April 15, 2020 at 6:52 am
David Morris April 15, 2020 at 12:00 pm
The question was about Cholesterol. I am not sure why anyone is worrying about Cholesterol. As I said, carry on reading the book (The Great Cholesterol Con) the answer is contained within. The problem with Cholesterol is that we have all been brainwashed into worrying about it, we really don’t need to worry about it. Live life and stop worrying about it. Not sure what the response – “The great diabetic con….” was referring to.
Jan Lucas May 26, 2020 at 11:49 am
Had a ‘discussion’ with my GP a few months ago. He arranged a blood test (but I can’t remember why), and then said my cholestrol was high and wanted to put me on statins, I disagreed and refused to go on statins. He said there was no point in his being my doctor if I didn’t follow his advice! Anyhow, now I’ve got an attack of gout, and the surgery are telling me that gout is an indicator of cardiovascular risk, and so I should now go on statins (which I again refused), and also Allopurinol (for the rest of my life), which I’ve never heard of. What is it? is it safe?
Emma L September 5, 2020 at 12:59 pm
What a breath of fresh air to read your blog! You articulate everything I am thinking so brilliantly. Thank you.
Peter Schlesinger September 6, 2020 at 9:46 am
In Gateshead in 1979 they undertook an audit of cervical cancer survival in the under 35s.
Those diagnosed with smears had a 95% 5 year survival.
Those diagnosed by symptoms had a 5% 5 year survival.
Early diagnosis saves lives, because it is diagnosed at Stage 1, not Stage 3.
Treated smears stop you getting cervical cancer in the first place. We now delay smears for better or worse and Sweden has a 4 year cycle, we a 3 year cycle.
Evidence not opinion. Not harranguing women, simply educating.
So don’t get me started on GPs and estrogens.
Janet Love September 6, 2020 at 11:16 am
Norah Finney September 13, 2020 at 2:22 pm
Hormone therapy has been shown in studies (some very large studies too) to trigger a variety of cancers in women- e.g. ovarian, breast cancer. My sister – who had ovarian cancer – now frowns every time she sees birth control advertising in medical waiting rooms (some years ago there was a news item – which quickly disappeared – wondering why so many younger women were getting breast cancer). Obviously this isn’t to say that estrogen automatically triggers some form of cancer – only that it can contribute triggering to it. Which is not surprising – our hormonal cycles are one of the most basic functions of our bodies, and these therapies throw those functions out of whack.
Janet September 6, 2020 at 10:00 pm
Not in Australia! Melbourne is still finding new CASES therefore must stay locked down. Nothing to do with egg on faces…
Louise McElhill September 8, 2020 at 1:02 am
I’ve discovered you on Twitter. Having read some of your blog and your intro, I think I like you ! Your philosophy seems to gel with mine. Certainly people don’t believe in themselves anymore or trust their bodies. Everything is medicalized, like pregnancy and childbirth. I trust ME. I have 40 years nursing experience much of it in general medicine and later, oncology. I’m ashamed to say I’ve never had a screening mammogram and I never will. Covid 19 brought me here. I’m a bit dubious re chloroquine…….sorry.
smartersig September 8, 2020 at 9:03 am
Would you say its true that 80% of oncologists would refuse Chemo if unlucky enough to have cancer ?
Vanessa Goodwin September 13, 2020 at 11:27 am
Very interesting and refreshing So important to look at the person and aliments holistically.
Maddy September 14, 2020 at 8:18 pm
Love your articles. Gives me confidence that there are still voices talking sense in a mad, mad world. Staggered at how many people I previously thought of as sensible, have lost the ability for independent thought. Thank you. Madeleine
John Thompson September 28, 2020 at 2:09 pm
Please subscribe me to blogs
JOHN M SUMRELL November 9, 2020 at 4:32 pm
What do you know about PCSK9 inhibitors and their effect on mortality. I see the info says it reduced CVD and coronary events but not death
Clare Jones November 12, 2020 at 7:48 am
I felt totally isolated in having( and articulating widely to my colleagues despair ) exactly the same heretical thoughts . Fear is strangling our human potential and free thinking is seen as dangerous .We are so concerned about dying we’ve forgotten how to live . I live a dangerous life without flu vaccines / smears / mammograms / masks ( I’m also a GP in Hereford ) .
It isn’t just about the fear , it’s about the accompanying financial incontinence , to allay the fear just buy more “stuff” especially plastic “stuff “,the amount of crap we’ve bought under the name of Covid as a surgery is unbelievable . Flooring / clocks / laminations galore for empty “Covid clinics “ .
SO nice to feel there is another sane GP in the UK . I would be very interested in contributing towards propagating this alternative medical viewpoint .
James DownUnder December 13, 2020 at 1:35 pm
And even nicer to see another (there’s a few of you, some in mufti….) Doctor commenting on here… Yes, I agree.
As a D.O.B. ’53 male with A-roup blood and insulin Resistance plus one bout of ICU/Sepsis under my lenghty belt…I’m a High risk candidate for the Wuhan flu. But I’ll be resisting the Saviour vaccine for as long as possible, though I suspect the “inducements” will be irresistable…. such as witholding pension, travel and shop-entry restrictions etc etc. Our Prime Minister has gone on record as saying he’ll do whatever it takes to ensure “compliance”, so anything is possible.! – But “living” as free humans is obviously low on the list for his peons.
Tom December 31, 2020 at 4:09 pm
I am a junior doctor (FY1) based in the North West. I have been amazed at my medical colleague’s willingness to accept information at face value. I have been sceptical about the management of Corona virus since day 1. I have also researched statins and the effects of cholesterol – notably, the PURE study. Please keep me updated on your blog and I look forward to hearing your views.
Kate Parish January 1, 2021 at 10:33 am
We need more doctors like you! Great work
meredithmassa January 2, 2021 at 2:16 pm
Andrew Goodbourn January 3, 2021 at 8:40 am
Excellent work – more please.
Ian Comaish January 24, 2021 at 4:39 pm
Almost through your book in the cholesterol con. You clearly think things through. What are your thoughts on Covid19 vaccines versus Ivermectin and doxycycline I wonder?
Dr. Malcolm Kendrick Post author January 24, 2021 at 4:56 pm
Sorry, to not reply to your post Ian. Just to say here, that I have been having problems with my computer, which seems to have been infected with its own virus. Now, I think sorted. Hoorah. So, I should be able to get going again. I have also been trying to put together a very complex post about lockdowns which has tied my in knots, so that has been a distraction. Also, I got the Pfizer vaccine a few days ago, and it knocked me off my feet a bit. Nothing terrible, but my brain stopped working.
Then, I thought I should share with you an e-mail I got from Baz in Kent. I would not normally re-post anything without permission, but I think others should be aware of the type of attacks you can get, and how vicious they can be. Those who feel free to, in this example, attempt to destroy my medical career from the safety of their own keyboard.
Comment: Dr Kendrick,
You will know me as “Baz in Kent” from your blog.
I note that you haven’t posted any updates for a week and haven’t responded to the charges I made in my post dated 14 January.
There may be a good reason for this, nonetheless I’m not prepared to leave the matter indefinitely. You asked in an early response what I propose to do about your misrepresentations and falsehoods and I’m writing now to inform you.
Firstly I will raise a concern with the GMC as I believe you’re using your medical registration for unethical purposes and endangering life.
Secondly Neil O’Brien MP has taken up the cause of challenging and pursuing self-styled “sceptics”, I will engage with him to ensure you’re on his radar. I’m already in correspondence with him.
Finally a number of journalists are now showing a great deal of interest in challenging distributors of Covid misinformation, including Marianna Spring of the BBC and I believe your story will generate a good deal of media interest.
I would prefer to receive your response before I take any of these actions but the ball’s in your court.
smartersig January 24, 2021 at 7:21 pm
I do hope you have reached a stage in life where you dont give a shit. Believe me it is most liberating and allows you to see things with greater clarity and a fresh perspective but I guess you already know that.
superquag January 24, 2021 at 10:47 pm
The BBC ? Is that still in existence ?
005lesfrenes January 26, 2021 at 4:31 pm
Is he a shill for pharma or just a miserable vindictive and cruel s…d? Who does he think he is to label your assertions as misrepresentations and falsehoods? What makes him so certain that his own assertions are the pure and only truth? His mindset is narrow and mean, typically that of a paranoid. In his world there can be only one way. Makes me think of goose stepping.
Please remain strong and forthright in the way you know to be.
“Self styled skeptics”? Dr. Kendrick is a doctor, not some self styled know it all. Everything he has written which I have read comes from a thorough understanding of medicine and how to treat health problems medically. He is not some kind of voodoo man. He is one of the honourable doctors who respect the oath they took to do no harm. And who exactly is Barry Spicer? A self styled believer?
superquag January 24, 2021 at 10:33 pm
From my observations of non-mainstream media, it is enjoying a measure of success sufficient for it to be a clear and present danger to the current crop of vaccines. It’s virtues of being a known and ‘safe’ drug, effective in both ante / post infection and ridiculously low cost make it irresistible in less affluent countries. That it – the combination – Works… is a probable reason Western Medical experts are studiously ignoring it.
Maureen Berry January 25, 2021 at 8:41 am
Goodness me, what a very disturbing and vicious young man!
Having seen your ‘performance’ in the past against adversaries over ‘The Cholesterol Con’ I have no doubt that, given the challenge, your arguments will be thoughtful, well considered, sharp and incisive! If only we had some intelligence either in Government, or, indeed, in the media.
So you decided on the Pfizer jab? I remain unconvinced, but then I am not working front line with COVID patients and, using a bit of common sense, can keep myself relatively safe. Since I presume I won’t be offered it till maybe the summer, I am in no rush to decide.
Kenneth S Merriman MD March 7, 2021 at 2:53 pm
Enjoyed your recent article re covid which was on twitter. Lots of good thought & info there. Thanks. Ken Merriman MD
Clare Coffey March 9, 2021 at 11:06 pm
Been interested to read your thoughts on Covid thank you; and are you the Malcolm Kendrick that used to live in Hospital Hill in Dunfermline as a teenager (I used to live round the corner)
flybrand1976 March 22, 2021 at 10:02 am
Your writing on COVID-19 is helpful. Thank you.
Lisa Rutter April 6, 2021 at 9:34 am
Dear Dr Kendrick, I am a naturopath living in Chinley (High Peak) and feel as though I’m in a dystopian nightmare. I’m incandescent that my sons in their 20s are effectively being coerced into having the Covid vaccine because of the threats of vaccine passports (they don’t feel the need to have it). I have spent more than 20 years prioritising their health, my health and the health of my patients in gentle, safe and sane ways and I, frankly, feel as though we’re being violated by the state.
Thw fact that most healthy individuals are submitting to this unquestioningly horrifies me. Can we speak please?
Maureen Berry April 6, 2021 at 3:35 pm
You are not alone. We are horrified by the pressures being placed on people to comply. Some friends of ours, when I said we didn’t think we’d be having the vaccine tried to be reassuring. Oh, it’s fine, it’ll be just like the flu vaccine, we’ll just need a new one every year. Well, we’ve never had a flu vaccine, we’re not planning on having the COVID vaccine – but it may become impossible to avoid!
The world has become a very peculiar place! The power of fear!
Angela Arnold June 13, 2021 at 8:21 am
Relieved I found your book! GP asked why I wouldn’t take prescribed statins. Said everyone I knew was being force fed them like “smarties” sweets. He said my friends were still alive, and I pointed out I was too!!! This was years ago….cholesterol level is same, but new GP is on the statins quest again. Thanks for putting your views forward. I was also offered Orlistat by a GP who said it would ensure weightloss but I would probably “soil” myself – I did ask him if he would take it but he laughed and I said something rude. Then I was given a prescription for Pregabalone for pain! Took this to private GP….turned out I’d no cartilage left in right hip joint, but paid for this to be replaced and it’s OK. No problems with health until the menopause and I think more research required into what can happen to women at this stage of life. Or should we just be shot???
Ian October 19, 2021 at 9:54 pm
I read your Cholesterol Con book a few years back and had occasion to want to revisit it (I’ve since been diagnosed CKD and am working hard at getting up to speed in self manage the of that disease. Nephr wanted to put me on a statin).
I came across a 2018 paper reviewing all the literature on LDL and heart health. Therein words like “faslifications” and “misleading” on the part of those advocating the Cholesterol is Killer idea. Your name appeared on the list of authors so I see you are still fighting the good fight.
I appreciate your effort in what cannot be an easy battle.
Eileen Dirner November 28, 2021 at 4:17 am
I am a 63 yo female taking low dose estrogen and progesterone. My lipoprotein (a) is down from 391 to 350. I have no family history of heart disease except for the usual high BP and cholesterol with B/P lowering meds and statin use. I do not take any meds for BP or cholesterol, my BP is normal. My total cholesterol is 250, triglycerides 80, hdl 108, vdl 11, ldl 125,
with ldl ldl ratio1.1.
I had a coratid ultrasound about 6 years ago with normal results.
I just added in bit C 1000mg/day(after reading your blog) anything else I should do to reduce my risk?
Thank you for all of your research and spring of information.
geosaved January 3, 2022 at 10:47 am
Great reading. Thank you for your conviction,
courage & transparency. Your readiness to stand against the rank & file is inspirational.
Do you have a news letter?
Thanks
Rita February 16, 2022 at 4:34 pm
Loved the interview with Dr. Mercola! You very easily and clearly and humorously explained the glaring issue with targeting cholesterol and LDL for heart disease. Thanks and I’m going to start my 88 year old mom on some of the protocols you mentioned.
Gregg couper March 18, 2022 at 7:56 am
I’ve just finnish the cholesterol con , who knew doctors were funny .
I believe that refined carbohydrates are the cause of most of the ills of society.
From obesity to behaviour issues .
As I used to be a angry fat man , I now follow high fat low carb , with intermediate fasting lifestyle and I feel better , look better , sleep better and have more life in my life .
How can I contact you
James Murdoch April 13, 2022 at 2:54 pm
Are you interested in sharing my impeccable theory regarding the mechanism of action in Atherosclerosis?
Jim
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My mother gave me a bag of presents to take home with me. As I sorted through the gifts to leave the ones for my son with him, I saw a real jewel. In the bag she had given me my father’s journal from 1953.
My father was not a journal keeper. But for that one year of his life he kept a journal. It was a requirement to obtain his Master M Man pin. (In the journal he comments on other requirements he was pursuing, such as reading a book–his choice was Talmage’s Jesus the Christ.) If Ardis sees this maybe she can tell us more about the Master M Man program.
Anyway, I read the small book on the plane coming home, and it was fascinating. It was an important transitional year in his life (five years before my own birth). At the beginning of the year he was still in the Air Force and finally he gets discharged after over four years of service. He had served in Korea, Japan and Mississippi, but by this point he hated the service and wanted out. He became engaged to my mother, and they got married in the Idaho Falls temple. He worked for an Idaho starch plant (and hated it), and then he started his college education (he was 22 turning 23 in this year) at Idaho State. And by the end of the year they were pregnant with a baby that would become my oldest sister.
It was interesting to see similarities between his experiences at that age and mine. I got married about a year before he did. While at his crappy job all he could think about was going to school; he had an intense intellectual curiousity and couldn’t stand the thoughtless tasks he was assigned as a laborer. I had a similar experience with my first post-mission job until I was able to go back to BYU.
He never went on a mission. The bishop talked to him about going, but by that time he was already engaged. He still thought about it, but money was a significant impediment. (This wasn’t like in my ward where if a young person wants to go you can count on the ward footing the bill.)
But I was completely flummoxed by the fact that he had been engaged for about a month before he mentioned the fact in his journal. And he first alludes obliquely to his wife’s “condition” at a time which, by my calculation, would have been at least a couple of months after they would have learned they were pregnant. Only a man would forget to mention in his journal that he was getting married or was going to have a baby!
There were interesting cultural things. He was an assistant scout master, but he was also earning merit badges himself; apparently back then you didn’t have to stop being a scout at 18. He lamented that there was nothing good on radio anymore, and TV had not yet come to the valley. Several times he pined for TV to come.
Once he was married, he really enjoyed going shopping with my mother on Saturdays. They worked hard to make their GI Bill money stretch and to build a food storage. As I was growing up, my family had an entire room in our basement devoted to food storage; that devotion to this principle was honed by necessity in the first months of my parents’ marriage.
He commented on lessons and talks that were good, and also those that were boring (more of the latter). He showed especial disdain for talks that were simply read over the pulpit–a sentiment I share.
Anyway, I only knew my father as a highly educated professor of education. To see his innermost thoughts from a time before he had ever set foot in any college classroom, struggling with life decisions, and reflecting attitudes very similar to my own really fleshed him out for me as a human being.
This is the only journal I have from him, and it is a treasure I shall cherish.
Comments
J. Stapley says:
August 17, 2009 at 8:44 pm
Awesome stuff, Kev. It is a bit sad, that for all of the journals I have read, I still don’t write even close to regularly.
I got my father’s mission diary recently and it has been great fun.
Jared T. says:
August 17, 2009 at 9:06 pm
Nice post, Kevin. I have finally prevailed upon my dad to keep a journal and write something of a memoir. When I was in Texas I did see my grandma’s journals, which she kept very well and regularly for decades. Good detail and regularity. I’m excited to one day read through them all.
Tracy M says:
August 17, 2009 at 10:19 pm
What a cool thing to have been given. I would love to read my mother’s thoughts when she was home with young kids.
Actually, that’s why I started blogging- with the hopes that someday my kids will care what was going on in mom’s old noggin. They probably won’t give a hoot!
Hunter says:
August 17, 2009 at 11:18 pm
Thanks for this, Kevin. Your mom is extremely generous to give the journal to you. She must trust you.
My guess is that as the years pass, the journal will become even more dear to you.
So, are you a journal writer?
August 17, 2009 at 11:24 pm
How do you preserve an archival copy of your blogging? I spilled Diet Dr. Pepper on something that came out of my printer and found out that it was most definitely not archival. And digital data on a hard drive or disk isn’t archival. Sorry if this is a threadjack.
August 18, 2009 at 2:56 am
Kevin, I think one of the extraordinary points about this is that your father, ordinarily a non-journal-keeper, was able to keep a meaningful journal starting off cold like that. I see a lot of journals written because someone knows he’s doing something extraordinary and should keep a record — crossing the plains, going on a mission, serving in the military — but because they have no experience and no talent, it’s only a record of miles traveled or bare-bones schedule of the day.
The Master M-Man/Golden Gleaner (for women) existed from the 1930s to the early 1970s, when MIA was for everybody in the ward over 12, not just teenagers. It was replaced by the “Pursuit of Excellence” program, which still exists, only nobody — but NObody — ever hears of it. Once you’d left the ordinary MIA program at about 18, you were eligible to work for your Master M-Man/Golden Gleaner award. There was a suggested list of goals in spiritual/ intellectual/ physical/ service/ moral areas of life, or you could set individual goals with your bishop. They were serious, long-term goals that took real effort over time — your dad kept a journal for a full year, and there were probably requirements about how often he had to write, and perhaps even what topics he should include (in order to train him to watch, say, for specific answers to prayers). The requirements were tough, and relatively few people in the church earned their awards.
Master M-Man/Golden Gleaner was prestigious enough that in Mormon-dominated areas it might be listed on a resume — really! — and almost always in an obituary. I’ll bet if you went to lds.org and searched, you’d find news reports of men who were called as mission presidents or general authorities that mention Master M-Man among achievements more often than Eagle Scout.
August 18, 2009 at 4:39 am
Thanks for the info on the program, Ardis. (I knew I could count on you to provide context on Master M Men!) It’s clear to me from the journal that he is working hard to achieve it.
Hunter, I kept a very good journal during my mission. Afterwards I tried to keep it up, but in the press of school it sort of disintegrated. So what I do is when I write my weekly e-mail to my family, I print a copy off and put it in a three-ring binder. I’ve been doing that for years and consider that my “journal.” It’s light on personal introspection, but pretty good on what’s going on in my life.
The question of how to keep an archival record is definitely on topic for this post (but I don’t know the answer; perhaps someone else will).
August 18, 2009 at 5:25 am
The Internet Archive is one model for preserving blogs and web sites. I hope the church builds on this model to archive born-digital diaries and journals.
Ray says:
August 18, 2009 at 5:28 am
It’s posts like this that make geneological research mean more to me than just finding out names. It’s the connection we can feel to someone who helped make us who we are that I enjoy, even as I have benefited mostly by the dedication to the research of others.
A few years ago, my mother sent my siblings and me a copy of a personal history that she had typed while my father dictated it. There were things about him that I had not known, significant things when viewed in light of decisions of which I was not aware until a few years ago when my mother’s on-going battle with schizophrenia became known to us. I always had loved and admired my father, but getting a better look at what he sacrificed in order to “lay down his life” for his wife deepened my respect for him immeasurably.
http://thingsofmysoul.blogspot.com/2007/10/my-niece-died-this-morning.html
Thanks for bringing that back to mind, Kevin. It’s been nearly two years since I wrote that post, and I appreciate being reminded what a great man my own father is.
Bob says:
August 18, 2009 at 6:43 am
For those who have ‘journal block’, there is the ‘journal jar’.
Kept a large glass jar handy, pen and small paper near, write down your thought(s), date the paper, drop it in the jar.
August 18, 2009 at 7:11 am
But Ardis, what does the “M” stand for? (Hopefully not Mahan…)
August 18, 2009 at 7:15 am
Dane, that’s funny, because I too thought that Master M Man sounded a little bit like Master Mahan!
August 18, 2009 at 7:17 am
Ray, my aunt wrote an account of what it was like to care for my grandmother who had Alzheimer’s disease before her death. It was a frank, brutal account, and made me realize that my mother and aunt were true heroes to suffer what they did for their mother. I’m so glad she wrote that so the rest of us could understand.
August 18, 2009 at 7:24 am
I just remembered that according to the journal once when he needed money he wished that Jack Benny was his uncle. So 1953!
Mex Davis says:
August 18, 2009 at 7:50 am
My parents were reactivated through the M Men and Gleaner program. Mom was not a member but went with Dad to the meetings and activities. She joined the church while attending, she liked the Saints and the friendships. Dad was in the Air Force at the time and we were stationed at Wheeler AFB in North Africa. We always talk about that time with friends and family but they don’t know about the program and its’ history.
August 18, 2009 at 8:13 am
The entire matter of journals and diaries is a rich, complex issue with thousands of marvelous untold stories for every one we manage to see and salvage. When teaching courses in women’s journals and memoirs, I groaned at the vision of how much we are losing every day of the world, as diaries and letters, notebooks and journals and scraps of personal history are tossed out, or allowed to mold and crumble.
One woman, putting things in order after her mother’s death, methodically went through the diaries her mom had kept daily for 50 years as a pioneer Iowa farm woman. The daughter wrote down birth and death dates, then BURNED the rest. I thought seriously of hiring someone to steal the remaining diaries and see them safely to a history archive.
A close friend had lost her father when she was one year old. The family had not a single page of his writing, not a letter, not a diary entry of any sort. Relatives told her that she inherited her considerable brains and drive from her father, but she knew nothing about how he thought or who he really was. One day she found one of the few novels he had read, and in the margins were several pencilled comments. She read and re-read, and read again these precious scraps.
Unlike almost everything else, from exercise to dieting to learning a skill, writing a journal pays off HOWEVER rarely we do it. Many of us start a journal, write a few weeks or months, and then leave blank page after blank page. More would be great, sure. But even a very little can be a treasure. I often think what even a month’s worth of her father’s journaling would have meant to my friend.
August 18, 2009 at 10:08 am
Kevin, my grandfather received the eagle scout award in his 40s, I think.
August 18, 2009 at 10:36 am
The Venturing Bronze, Gold, and Silver awards are available to young men through age 21. Great great goals there (my newly-called missionary spent this summer post-BYU earning the Bronze, Gold, and Silver in the religious studies area… read the Quran front-to-back, visited an Imam and a Buddhist priest, and did multiple service projects.)
August 18, 2009 at 10:37 am
Oh. I should add. The Venturing awards are also available to young women of like age.
August 18, 2009 at 11:15 am
I haven’t been able to find the M-Man requirements specifically for 1953, but I’ve found them for the early ’60s and will post them at Keepa later this week or early next week.
So far as I know, the M stood for “Mutual” (one source said “Mormon”).
August 18, 2009 at 11:56 am
Thanks, Ardis. If you think of it, put up a link here when you do your post. I will read it with interest.
I assumed that the M stood for “Mutual,” but that was just a guess on my part.
August 18, 2009 at 4:36 pm
Great story, Kevin! I’m an indifferent journal-keeper. There are lots of reasons why, but one of them is that my kids (or whoever reads what I write) will be appalled at what trivial things concerned me and what an idiot I was. It’s comforting, then, to read how happy you’ve been to learn some of the small details of your father’s life. Perhaps my kids will be similarly forgiving and interested.
Elouise (#16), I love your “even a little bit is good” perspective. This is also much more motivating than the (in my impression more common) push to journal constantly or consider yourself a failure.
August 19, 2009 at 11:41 am
Ardis–the Pursuit of Excellence program has been heavily pushed in my stake for at least the last 5 years. I thought it was an RS program–is it meant for men too?
August 19, 2009 at 3:38 pm
I meet people to this day who refer to my Father as ‘Bishop…’, which is strange to me – as by the time I reached Priesthood at 12 he had gone inactive, and still is.
Early on in my mission he sent me his mission journal, amongst other things – and it is a disgrace to say that I never found the time to read it. Part of this was down to me being a fairly young 19 yr old, who frankly didn’t get the significance of those items, coupled with a training companion who likely would of burned it if he had ever seen me read it – considering as he did that any form of communication from back home was a mere distraction from the work.
Only reading this am I reminded of it. I assume this pack that he sent me is with my other belongings, old mail, my own journals etc. but now I’m feeling a bit unworthy to go and dig it out.
I’m glad you got yours when you could appreciate it.
August 20, 2009 at 6:32 am
The requirements for becoming Master M Men and Golden Gleaners are posted at Keepa.
August 20, 2009 at 6:32 am
Kevin, something went wrong with my link — could you fix it, please? thanks.
August 20, 2009 at 7:48 am
Rob says:
August 20, 2009 at 9:59 am
Pursuit of Excellence superseded the Master M Man/Golden Gleaner program in 1974 (http://tinyurl.com/qytg56), but I’ve never heard of it. Does it still exist today somehow?
Rob says:
August 20, 2009 at 10:01 am
Rob says:
August 20, 2009 at 10:07 am
And here’s the Pursuit of Excellence pamphlet still available from LDS distribution services:
August 20, 2009 at 10:11 am
I think it still exists, but I had never heard of it either until this discussion.
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Like any industry, private offices and coworking environments have experienced dramatic shifts since their beginning over 15 years ago. What started as a simple solution for freelancers and solopreneurs has quickly grown into a multi-million dollar industry that spans the globe and includes small businesses, large corporations, and every type of worker in between.
So far, we’ve seen a rise in coworking spaces in some of the largest and most desirable mid-markets in the country. Many companies prioritize the location of a coworking space to grow their footprint in a particular market, enhance their brand image, and compete for talent ― a trend that’s likely to continue this year.
We’ve also seen an uptick in the number of businesses and freelancers who use virtual offices and assistants to improve their business image. This allows them to have a physical address, phone number, and even a live answering service in the location of their choice, even if they’re miles away.
In the past year, we’ve also seen significant growth in the coworking industry at large as more businesses and solo artists are taking advantage of the cost-saving benefits and boosts in productivity.
What will we see in 2020?Here’s a quick look at some of the hottest trends in office space right now
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Office Evolution has more than 70 locations open, 140 units sold in markets across the country and is poised for further growth as the demand for affordable, safe, close-to-home workspaces continues to rise.
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A political newcomer with a storied military career is running to unseat an incumbent Tampa Bay Democrat with deep ties to the region in one of the state’s most competitive Senate races.
A steady stream of attack ads have flooded the airwaves and mailboxes in the closely watched contest between state Sen. Janet Cruz, D-Tampa, and Rep. Jay Collins in the weeks leading up to the Nov. 8 election.
Cruz was first elected to the Senate in 2018 after spending eight years in the House, where she served as minority leader. Cruz, who was born in Tampa, defeated incumbent Republican Dan Young in a contested 2018 contest that was also one of the Senate’s primary races.
Collins, who served in the US Army Special Forces, has a long military resume that includes multiple deployments to war-torn regions such as Iraq and Afghanistan. The Purple Heart veteran was wounded several times in combat, one wound later necessitating the amputation of one of his legs.
Both candidates have unique factors working in their favor, according to William March, a longtime political reporter who now freelances for sites including WUSF and the Tampa Bay Times.
“Her (Cruz’s) advantages are that she is very well established and known locally. Plus, she’s a holder,” March said in a recent interview with The News Service of Florida.
March also noted that the Senate district includes West Tampa, a “heavily Hispanic and generally Democratic voting area,” which he called an advantage for Cruz.
Collins, meanwhile, has “a very strong personal story that he uses heavily in his campaign,” said March, who lives in Tampa.
Collins is the chief program officer of Operation BBQ Relief, a non-profit organization that delivers food to emergency responders and communities affected by natural disasters.
Senate candidates are divided on issues such as education and their attitudes toward Gov. Ron DeSantis’ leadership style.
“My biggest issue, which has been and will continue to be, is protecting (against) the privatization of private schools,” Cruz said in an interview with the News Service. “Ensure against this initiative the abolition of public schools as we know them and (opening) the door to corporate schools so that private entities can profit from it.”
Collins, meanwhile, said he has the “right attitude” to education.
“We all deserve the opportunity for the best education possible,” Collins told the News Service, adding that he has two children in public schools. “I’m committed to making sure all kids have a bridge forward, whatever it may be. Whether it’s business school after high school, college, (getting) a master’s. Everyone has to take the right approach for them.”
The Republican received a high-profile endorsement from DeSantis that accompanied Collins’ announcement in June that he would jump into the race for Senate District 14. Collins originally ran for Congress in the district and later switched to another congressional race. decided to confront Cruz.
Collins praised DeSantis’ leadership during the coronavirus pandemic as an example of how the governor leads.
“When you look at what we’ve done (in Florida), the tough decisions we’ve made during COVID, opening up our state, keeping our economy open and moving business forward, I think we’ve done an amazing job. I think (DeSantis) is strong, he’s brave and he has the nerve to do what he thinks is fundamentally right for our state,” Collins said.
But Cruz has criticized the governor for pushing for the election of his preferred candidates to the legislature, suggesting he has too much control over a separate branch of government.
“When you have a governor who puts his apostles in the House and … in the Senate so that he can run both chambers with enough votes, then we lose our democracy as we know it,” Cruz said.
Cruz also mocked DeSantis’ alleged White House ambitions.
“When this is over and our governor is running for president, we’re going to have to pick up the pieces for all of this,” Cruz said.
The Legislature’s once-a-decade redistricting process hasn’t produced major changes in the political makeup of what Cruz — who defeated Young by 411 votes four years ago — called the “purple” seat.
According to veteran political analyst Susan MacManus, the district leans Democratic, but the Senate race is a hotbed as the clock ticks toward the general election.
“The district is considered by many handicappers to be one of the most competitive Senate districts right now, and there aren’t many in the state,” said Susan MacManus, a retired University of South Florida political science professor. he said in a recent interview.
MacManus said Republicans are likely counting on traditionally higher GOP turnout in midterm elections to move up the Senate seat.
“For (Collins), even though he may be the underdog, I think part of the Republican thinking is that typical midterms are an assessment of the president’s favorability and his performance in office, that when (Joe) Biden is still heavily under water. Florida, that would give (Collins) a chance,” she said.
However, MacManus indicated that Cruz still has the lead.
“Great picture, she’d be expected to win because she’s the incumbent and it’s a heavily urban area. The upset picture is that (Collins is) a new face and a veteran, and the president’s low ratings drove him to victory,” MacManus said.
March, meanwhile, said Collins “definitely has a chance, there’s no doubt he has a chance.”
Cruz touted her record in the Legislature and advocacy for the Tampa area as the best fit for the district.
“One of their ads says I was ineffective and didn’t pass any bills, which is not true. I have passed several bills during my time in the Senate,” Cruz said.
Collins sees himself as a new face in politics and a family-oriented candidate who seeks to unite people.
“I think you’re seeing our support structure building because people are ready for leadership that is focused on the individual, to give back to them and not play politics. I am not a career politician. I am a retired Green Beret. I support people in a non-profit. I am a husband and a father. And that’s what people want in these places,” he said.
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Living in fear: Domestic violence murder spurs legislative effort in Pennsylvania
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UPDATE April 16, 2018:
A new Pennsylvania law is in place to help guide judges setting bail for defendants accused of domestic abuse.
Pennsylvania Gov. Tom Wolf signed "Tierne's Law," letting county courts set guidelines for assessing whether a defendant in such cases poses a threat, WTAE reports.
February 14, 2017:
For 12 days Tierne Ewing lived Hell on Earth, kidnapped and tortured, even branded with a scorching-hot metal rod. But this was no random attack.
Special Correspondent Kim Goldman is in Pennsylvania with an all new Crime Watch Daily investigation.
Kidnapped, beaten and tortured: Tierne Ewing is desperate to escape a sadistic captor -- it's her husband of 30 years.
How did a young love that began in grade school blossom into a fatal attraction? And how did the system sworn to protect Tierne ultimately betray her?
With so many horrific stories of domestic abuse, it might be easy to overlook the struggles of Tierne Ewing, a 48-year-old mother of two from rural Washington County, Pennsylvania.
Tierne and Kevin Ewing began dating in the 8th grade, a turning point in her life according to those closest to her.
"We tried so hard to get them apart," said Annelle Kopko, Tierne's mother. "And maybe she'd date somebody else, or what have you. But he wasn't gonna adhere to that -- she was his."
"She just became distant and she wasn't allowed to do much with her friends, and I mean she had a lot of friends," said Tierne's sister Tascha Kopko.
"She just started pulling away from the family and he had control over her then," said another sister, Toyia Taylor.
Tierne was married at just 18, and soon the teen bride found herself raising two young children. At first, all seemed well between her and Kevin.
But Kevin Ewing had a reputation as a violent man, with a rap sheet to back it up. And he would soon turn that rage against the mother of his children.
After a 2001 incident that left Tierne battered and bruised, she received a court ordered Protection From Abuser (PFA).
"She had been hospitalized or required medical treatment from those injuries," said Kristen Clingerman.
But as hard as it is to believe, Tierne would soon get back together with Kevin.
According to Washington County Assistant District Attorney Kristin Clingerman, who specializes in victims of domestic abuse, there's a good reason for that.
"Tierne expressed to me over and over that she was so afraid for her family, for her adult children, and for her elderly parents who are very frail, and that she had to stay near him to protect them," said Clingerman. "He would always say that he would kill them in front of her if she didn't do his bidding."
"It would fire my dad up so bad that we had to stop him many times from leaving to go look for him, or..."
Trapped in this vicious cycle of violence, Tierne did her best to put on a brave face.
Finally, in July 2016, Tierne Ewing reached her breaking point. She and Kevin Ewing had again separated, with Kevin living with his mother while Tierne remained in the family home with their adult son. Then a terrifying turning point: for 12 straight days, Tierne called in sick to work and made virtually no contact with her family.
What no one knew was that she had been abducted by Kevin Ewing and held captive against her will while being hideously terrorized and tortured.
"At night he would tie a cord around her neck and then tie it to himself so that she couldn't escape when he slept," said Clingerman. "And multiple times throughout this he would hold a gun to her head, tell her she was going to die, tell her her parents were going to die, he would kill her parents in front of her and then kill her."
Throughout the ordeal, Kevin never let Tierne out of his sight.
"He went everywhere with her, to the bathroom, everywhere," said Tierne's mother.
"He took her to a very desolate area, to a location near water. She was terrified of water, she couldn't swim and during that time he had a metal rod that he put in a fire that they cooked hot dogs on, and he had burned her legs several places up and down her legs," said Clingerman. "He had stomped on her foot, she could only wear flip-flops. He had stomped on her foot so she couldn't run."
Then, finally on day 12 of her tortuous captivity, Tierne spies a chance to escape -- but it could cost her her life.
On July 8, 2016, Kevin Ewing made a mistake. That afternoon he drove Tierne at gunpoint to a local credit union to pay their mortgage.
"I don't know what got into him that he felt comfortable, maybe, that he let her go in alone and it was the first time she had been able to go alone," said Clingerman.
"Once she was in there immediately told them to call the police, that she had been held hostage," said assistant D.A. Kristin Clingerman.
Employees called police and locked Tierne in another room. Officers arrived and took Kevin Ewing into custody.
"And even once the police got there and apprehended him and arrested him, she was too afraid to go out the front door. She insisted that the police take her out the back door where he couldn't see her," said Clingerman.
Kevin was arrested outside the credit union that Kevin was arrested. And Tierne thought her nightmare was finally over. But the terror continued. Despite a court order that restricted him from having any weapons, Kevin was armed to the teeth.
"He had two loaded guns, a handgun and a rifle, and he also had a knife," said Clingerman.
Tierne was taken to a local hospital, and police learned the full extent of the abuse she endured. [Warning: Injuries are disturbing, images are graphic.]
Tierne been pistol-whipped across the head, her knees bashed with a hammer, her legs branded with a hot skewer, and spit on in the face. Even for veteran assistant district attorney Clingerman, it's some of the worst abuse she's ever seen.
"He had also beaten her, he had slammed her about the room, she had bruises on her shoulders, her back, her legs, he had duct-taped her mouth shut and with zip-ties and duct tape tied her to a closet for an extended period of time," said Clingerman. "At night he would tie a cord around her neck and then tie it to himself so that she couldn't escape when he slept."
When police searched the Ewings' home, they found disturbing evidence of her torture and captivity: used zip-ties, duct tape, blood. But with the couple's adult son living in the home, and Kevin and Tierne often leaving the house, how did no one ever notice?
"Tierne explained to me she kept long sleeves on and did not point out the bruises," said Clingerman.
In fact, Tierne's own parents learned of her kidnapping in the local paper. Her father Rich was even more devastated when he saw what happened with his own eyes.
In addition to charges of kidnapping, assaulting and terrorizing his wife, Kevin Ewing also violated his Protection From Abuser order.
But to everyone's dismay, the judge allowed Kevin Ewing to post bond until trial, and he's set free.
Fearing for her life, Tierne turns to Assistant D.A. Kristin Clingerman.
"She said 'He's out of jail, you gotta get him back in if he's out, I'm going to die, and I don't want to die," Clingerman said.
Kevin Ewing returned to court, this time to face the discretion of Judge Gary Gilman.
"I put forth the charges with which he was charged: That he had kidnapped her. He had assaulted her," said Clingerman. "I attached photographs of all of the injuries that had been taken of her wounds and her injuries. I explained the charges he was being charged with, and one of those charges was important because being that he had been convicted of domestic violence prior, he was not permitted under Pennsylvania law to be in possession of firearms, yet he was found with two firearms. I also explained that he had had the prior domestic violence, and had requested that bond be raised to a more appropriate sum."
Kevin Ewing is ordered to wear an ankle-bracelet monitor and is strictly forbidden from contacting Tierne.
But will it be enough to keep the battered wife safe?
"She was certainly in fear for her life," said Pennsylvania State Police Trooper Sarah Teagarden.
According to Teagarden, for several weeks it seemed that Kevin was abiding by the judge's order.
"He hadn't violated any of the conditions of that bond. And I think he did that intentionally," said Teagarden. "I really think that he thought 'If I just play the good guy, if I show her I'm willing to change, I'm willing to abide by all these conditions and move on with my life, do the right thing,' I think he did all of those to try to draw her back in and sucker her back in and get access to her again."
If that was his plan, it worked to tragic perfection.
Despite a court order forbidding Kevin Ewing from contacting Tierne, and an ankle bracelet to monitor his every movement, the fatal attraction of Kevin and Tierne drew them back together yet again.
Tierne ended up in the house with Kevin and his mom. Tierne's sister tells Crime Watch Daily Special Correspondent Kim Goldman she believes it was an act of selfless courage.
"I believe she was there to protect her family. I think the top priority was to keep everyone safe, and she didn't want anybody else drug into this with her."
"The only thing that I can tell you is that she was convinced that she had to stay near him to protect her family members," said Kristin Clingerman.
Tierne was a tough girl, she was not going to go out there and look for help, she felt like she could handle it and that she could make it right and keep her family together," said state trooper Sarah Teagarden.
Tierne's father Rich has another theory, that Kevin Ewing's attorneys warned their client that he was in serious trouble for his latest assault on Tierne, and that he had said he was never going back to jail.
At midnight on August 30, 2016, Kevin Ewing began the final chapter in this ill-fated romance.
"The Pennsylvania State Police received a call from Rosalie Riggle, which is Kevin Ewing's mother, and she advised that Kevin had been in the house with a gun, holding them hostage in the basement of the house," said Teagarden. "He had cut off his ankle monitor and took Tierne out of the house and put her in the car, and they left the house."
"I received a call at about 5:30 a.m. that he had taken her, and that's when I knew there wasn't going to be a happy ending," said Clingerman.
"We had worked the case all day trying to locate them, hadn't had any luck in locating them," said Teagarden.
That afternoon, a local farmer spotted something unusual in a remote field.
"He noticed in a barn, located in the field, that there was a pair of blue jeans hanging out the window of the barn," said Teagarden.
Police check it out. The moment they arrive on scene, they're greeted by screams and gunshots.
"They heard the initial shot. They heard a female voice say, 'Why'd you have to shoot me?' And they heard the second shot," said Teagarden. They heard a man's voice yell, 'Get out of here.' And then they heard the third shot."
Tierne was being held in the loft of the old barn. Police made their way inside, confirming her family's worst fears.
"We realized that the first shot that they heard, he had shot her in the forehead," said Trooper Sarah Teagarden. "And a .22-caliber, it's not a very powerful gun, and that bullet actually didn't penetrate her skull, it just kind of traveled between her skull and her skin to the back of her head. However, after she exclaimed 'Why'd you have to shoot me?' he shot her again in the temple and that shot did penetrate her skull and caused her death."
Kevin Ewing saved the last shot for his own temple, but incredibly, cops find him still alive.
"They performed some lifesaving measures on him," said Teagarden. "They were able to get him into a helicopter and transferred to a Pittsburgh hospital, where he remained alive for a couple of days.
Kevin Ewing finally succumbed to his cowardly, self-inflicted wound.
"The judge killed my daughter. The judge killed my daughter," said Richard Kopko, Tierne's father.
Crime Watch Daily reached out to Washington County Judge Gary Gilman for his response to Tierne's parents' allegations, and got a brief "No comment."
But Pennsylvania State Senator Camera Bartolotta was so moved by Tierne's story that she introduced domestic violence legislation in the victim's name.
"With this bill, it would actually give our judges more tools to use in determining whether or not to even set bail. And to be able to use their discretion and deny bail if they believe that the risk assessment is high enough that there might even be a potential of a dangerous situation for a victim," said Bartolotta.
It will be called Tierne's Law.
It's a glimmer of hope for Tierne's family that other victims of domestic abuse might experience a different fate.
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Discipleship Groups, or D-Groups, are smaller groups of about four people who meet together regularly for the purpose of growing closer to Christ and supporting one another in biblical community. A D-Group is an excellent way for people to follow the Great Commission given by Jesus in Matthew 28:18-20: “All authority has been given to me in heaven and on earth. Go, therefore, and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe everything I have commanded you. And remember, I am with you always, to the end of the age.”
Download Below.
The resource you now hold in your hand (or view on your tablet) is designed to help you disciple others. We know that making disciples happens best in small communities; preferably a D-Group of 4-6 people. Each week, as this D-Group meets, they will memorize Scripture, share their experiences with God, develop accountable relationships, and ultimately replicate themselves by starting a new D-Group and inviting others to draw nearer to God and to each other.
Disciples are best made in a community of close relationships. Jesus had Peter, James, and John. The apostle Paul had Timothy, Silas, and Luke. David had his inner circle of three mighty men. A D-Group is not just any group, it is a biblical group. That is... a D-Group is a smaller group of about four people who meet together to share the Word of God with each other; learn Scripture together, and support and encourage each other through prayer and relationships; and ultimately start more D-Groups and make more disciples.
D-Groups are easy to start. Simply invite three other people to join you, plan your first get-together, decide what Bible passage the group wants to immerse themselves in, and then follow through with! Consider inviting three people from your Small Group or Sunday School class. A class that has several people involved in D-Groups is going to be a great class. A D-Group will not only help the participants grow spiritually, it can also help the whole class! Or, you might invite three friends, neighbors, or acquaintances who are unchurched and use the D-Group to lead them to Christ.
You need a Bible. At your first D-Group meeting, see what translation everyone else is using. It is helpful (though not necessary) for everyone to have the same translation. You may also need a journal to record your thoughts and what you hear God speaking to you every day and during your group. Develop an agreement with other group members (a group covenant) that includes expectations about attendance, preparation, accountability, and also an agreement that what is said in the group, stays in the group.
How do I sign up?
In our welcome center is a table with "Make Disciples" merchandise; at the table are cards you can fill out with information about joining a group. When we have enough cards we will start new groups.
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The land of an ancient language. The land down under. The land of two-party politics. The land of Rajinikanth. The land known as TamilNadu is a vast and diverse state known for various reasons and one of it is its politics.
For Decades together two parties have held the reigns almost never consecutively. It happened once when a legendary -actor turned politician became the CM consecutively and the rules that govern the land did not allow him to pursue any further and he breathed his last.
Fate had it that his protegee goes through the same way. A woman made of mettle. Strong and sensitive she broke the barriers society had used to constrain women.
A beautiful woman with a brilliant mind is a rare combination. This woman was both beautiful, brilliant and brave.
Life kept knocking her down and she never backed down. At two she lost her father, at 22 her mother, at 32 her mentor and yet she came back with vibrancy and vitality like none other.
Disrobed in the sanctity of the Parliament she became the picture of every woman’s plight. The blind king sat in his throne and ignored justice and paved the path towards an epic war.
Every war that began with humiliating a woman saw that it is she who wins in the end. Be in the Mahabharata or Modern day politics.
She vowed to never step in the parliament until she is the one holding the reins and she came back stronger than ever, not as a woman but as a Mother. A Queen.
The blind King with his enormous army fought back but in vain. Years passed by she held the reins 5 times and the 6th proved fatal. Just like her mentor, she became the CM for the second time consecutively and Karma decided to play it’s Trump card. She died a Queen.
The two-party politics has come to a stand still as none know what is coming next. The land of several legends amidst storms and cyclones is searching for a ray of sunshine.
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Published
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September 20, 2021
By
Aadhya Venkatesh
The Ram Mandir in Ayodhya is expected to allow visitors by December 2023, with the completion of construction only in 2025.
Sources in the Shri Ram Janmabhoomi Teerth Kshetra have revealed that the colossal project of building the Ram Mandir in Ayodhya, Uttar Pradesh, will be opening for devotees towards the end of 2023. In contrast, the project’s entire construction completion is expected towards the end of 2025. The sanctum sanctorum (Garbha Griha), along with the mandir’s first floor, will be ready by December 2023. Devotees will be allowed to visit the long-awaited mandir soon after the construction is completed.
An ANI report said, “The grand Ram Mandir being constructed in Ayodhya will be opened for devotees from December 2023. Sources told ANI that Garbhagriha, all five mandaps and the first floor will be ready by December 2023 and the mandir will be opened for devotees”.
Completion of entire Ram Temple complex in Ayodhya is expected by the year 2025; A museum, digital archives and a research centre also to come up in the temple complex: Sources
The sanctum sanctorum will be as high as 161 feet and built using Rajasthani marble and stones. Engineers and architects are taking all measures to ensure the longevity of this enormous project. The second stage of construction is expected to begin in December this year. Currently, the structure is at a standstill as a result of monsoons. Another reason for the delay is the coronavirus pandemic that depleted the force with which the mandir’s construction was expected to go on.
Ram Temple in Ayodhya will be ready in a year or two. Delhi government has decided to take senior citizens to Ayodhya for Ram Lalla's darshan with travel, accommodation, and food expenses to be borne by us: Delhi CM Arvind Kejriwal pic.twitter.com/MDGeP0k613
— ANI (@ANI) March 14, 2021
The announcement of the mandir being opened to visitors in 2023 has brought up questions about the political agenda. It is believed that the Bharatiya Janata Party (BJP) aims to use the mandir to catapult themselves into a position of advantage during the 2024 Lok Sabha elections. Opening the mandir to devotees in December 2023 will give the BJP an easy 6-month gap to the general elections in 2024.
The opening of the long-awaited Ram Mandir in Ayodhya could be the factor that diverts the public, at least the Hindu’s in favour of BJP. Thus, securing them a vote bank based on religious sentiments upheld by the party in their previous tenure as the ruling party.
The Ram Janmabhoomi Mandir will be 360 feet long, 235 feet wide, and 20 feet high mandir will be completely ready by the end of 2025. The project will include amenities and structures like museums, archives, research centre, Sant Niwas, gau and Yagya shala, Etc. The main attraction is the Ram Mandir.
Published
on
August 5, 2021
By
The Center has submitted to the Supreme Court that police and police requests being state subjects, the obligation to ensure the execution of the pronouncement that annuls Section 66A of the Information Technology Act belongs to the states. Further, the law requires organizations to share equivalent obligations to hold out the judgment.
On July 5, 2021, a Bench drove by Justice Rohinton F. Nariman said it was “upsetting,” “shocking” and “terrible” that individuals are as yet reserved and tried under Section 66A even six years after the apex court struck down the arrangement as unlawful and an infringement of free speech. The NGO People’s Union of Civil Liberties, represented by senior lawyer Sanjay Parikh and advocate Aparna Bhat, had made the court take notice of the contempt.
Undead segment: About Section 66A of the IT Act
In its reaction, the Centre said the police and public request were “State subjects” under the Constitution. “Counteraction, location, examination and arraignment of wrongdoings and limit the working of the police are essentially the obligation of the States,” the Centre submitted in the affidavit. It said law requirement organizations share equivalent obligation to agree with the apex court judgment. They make a move against cybercrime offenders according to the law.
The Centre said the Ministries of Information and Technology and Home Affairs gave a valiant effort to disperse information about the Supreme Court judgment in the Shreya Singhal case. Section 66A had suggested three years of imprisonment if an online media message caused “disturbance” or was found “terribly antagonistic”. Mr Parikh had welcomed the court intervention to work out a system to disperse the Shreya Singhal judgment to each police headquarters and preliminary court in the country.
“Section 66A of the IT Act has continued being utilized inside police base camp just as in cases under the attentive gaze of primer courts across India. This data was accessible on the Zombie Tracker site, created by a group of independent researchers. The discoveries of the site uncover that as of March 10, 2021, upwards of 745 cases are as yet forthcoming and dynamic under the steady gaze of region courts in 11 States, wherein the denounced are being indicted for offences of the IT Act under Section 66A.” the PUCL has acquiesced.
The accommodation has been in the rejoinder affidavit filed by PUCL in the apex court. This response was because of the Centre’s counter-affidavit in a petition filed by PUCL looking for different bearings and rules against the FIRs scraped under the struck-down Section 66A.
PUCL in, its rejoinder affidavit through Advocate Aparna Bhat, has contended that the Union of India should not have avoided its commitment by arguing that the obligation of execution lies with the States just as with the law enforcement agencies. It mentioned alluding to Union’s accommodation in its affirmation that ‘Police’ and ‘Public Order’ are state subjects. Accordingly, the obligation rests with the State.
Alluding to the Centre’s accommodation that they had mentioned Chief Secretaries, all things considered, and Administers of Union Territories to outfit information for arraignments summoning Section 66A get-togethers, PUCL has contended that the reaction to the said letters have ‘nor set on record nor unveiled.’ PUCL has been tending that looking for removal of its application mentioning the execution of the judgment downplays the enormous scope infringement of the right to freedom of speech and expression and the right to fair trials of citizens.
The applicant has proposed the additional directions to be given by the Court in the matter:
Directions to High Courts:
The applicant has looked for specific bearings to every one of the High Courts through Registrar Generals. The proposed headings ought to impart to every one of the District Courts and Magistrates that forthwith there ought to be no cognizance taken under the revoked Section 66A of the IT Act. It had been expressed that the High Courts be permitted to start Suo Motu contempt procedures against those liable for enlisting a case under Section 66A or for examining it or for indicting it.
Directions to DGPs:
The applicant has recommended that bearings are given to the Director-General of Police and Union Territories to convey to all police headquarters inside their separate locales to show a notification that Section 66A of the IT Act has been scrapped. Also, no case can be enrolled under the cancelled Section 66A of the IT Act.
Directions to Respondents:
Decisions have looked to the Respondents, Union of India, to accumulate the nuances of the cases enrolled by the Police or Law Enforcement Agencies under Section 66A of IT Act since the judgment of Shreya Singhal revealed by coordination with the chief secretaries of the DGP of the States and Union territories.
As per the applicant, Respondents can coordinate to guarantee that Doordarshan and All India Radio make quarterly declarations in significant vernacular dialects advising the public that Section 66A of the IT Act is presently not in power. The applicant has looked for bearings to guarantee that all authority and business forms of the IT Act that are here in after distributed (on the web or disconnected) do exclude the total content of Section 66A and educate the per user that said arrangement stands revoked.
The Shreya Singhal judgment had delivered by the seat which, lifted Section 66A by Judge J Chelameswar and RF Nariman for a violation of Articles 14 and 19(1)(a) of the Constitution. The judgment wrote by Justice Nariman held the arrangement to be obscure, over the edge, and making an alarming impact on free discourse.
Published
on
August 3, 2021
By
The Government of India, recently, claimed in an answer to the MPs of Rajya Sabha, that according to research, many states have conviction rates that are even lower than 1%.
In the year 2019, there were a total of 41,793 incidences of crime or atrocities against Dalits and 7815 cases of crime against tribal people. According to the report, only 44 out of 6540 cases of crimes or atrocities against Dalits in Bihar have been proven factual in trial courts. The STs filed a total of 97 cases under the SC-ST Act, but only two were judged to be true.
The conviction rate was 0.67 percent for men and 2.06 percent for women. It also stipulates the state with the most cases of crime against SCs is Uttar Pradesh, with 9451 cases, or 22.61 percent of all such cases in the country. Rajasthan comes in second with 6659 cases (15.9% of total cases), followed by Bihar (15.6%), and Madhya Pradesh (12.6 percent). In the last year, the number of ST cases filed in UP has increased by 600 percent.
According to the information, 705 cases were filed, however just one case was found to be true during the trials. The conviction rate in Kerala and Karnataka is slightly more than 1%. The SC-ST Act has been used in 1,733 cases in Karnataka. The conviction rate, on the other hand, was only 1.67%. In Kerala, the average conviction rate for atrocities against Dalits and Adivasis under the PoA Act remained at 1.76%. These claims sure put the concerned legislation on spot for being exploited.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aimed to prohibit the atrocities committed against members of the Scheduled Castes and Scheduled Tribes, to establish Special Courts for the trial of such offences and the relief and rehabilitation of victims of such acts, and to provide for matters connected with or incidental thereto.
The number of complaints against the misuse of the same has arisen in the last few years. The apex court has had stated in the past, that the Act has been misused to submit bogus complaints to foster caste animosity, rather than blurring caste barriers, adding that, if the Atrocities Act is not brought into line, it may even “perpetuate casteism,” and the court will have to act to prevent “false implication of innocent persons along caste lines.”
However, when seen through the lens of why the Act was necessary and how well it was administered, a different image emerges. The court’s stated goal in a 2018 ruling for the Prevention of Atrocities Act, was to safeguard officers from “arbitrary arrest” and “innocent civilians” from being falsely accused in cases. But according to data from the National Crime Records Bureau (NCRB) and the Ministry of Home Affairs, low conviction rates under the Act may be due to the misuse of the provision as much as the way investigations and cases are pursued in the courts.
Those who have pushed for stricter rules under the Act argue that the low conviction rate is due to the way cases are registered and prosecuted. “Dalits are frequently the victims of discriminatory treatment in the administration of justice,” according to a Human Rights Watch report.
According to a report published in the Economic & Political Weekly, approximately half of the cases brought under the Act do not get to court and are closed by the police. It had also hinted at a “caste bias among the investigating officers.” Sthabir Khora, an assistant professor, alleges that compounding, compensation inducement, and criminal intimidation are some of the practices that tend to prevail when the complainant is from the SC/ST category.
In October 2019, the top court observed the National Crime Records Bureau, where over 47,000 cases were reported in 2016 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. “It would be against the basic human dignity to treat all of them (SC/ST members) as a liar or as a crook person and cannot look at every complaint by such complainant with a doubt,” remarked justices Arun Mishra, M R Shah and B R Gavai.
The bench stated that if a case filed under the SC/ST Act is determined to be false or baseless, many a time. It could be due to poor investigation or other factors such as human failures, regardless of caste. Therefore, all such accounts must be taken into consideration before making an informed decision to serve justice.
The bench had also added, “All humans are equal including in their failings. To treat SCs and STs as persons who are prone to lodge false reports under the provisions of the Scheduled Castes and Scheduled Tribes Act for taking revenge or otherwise as monetary benefits made available to them in the case of their being subjected to such offence, would be against fundamental human equality.”
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Sexism in entertainment is a problem that has been around for a long time. This has lead to females being underrepresented and sexualized in many different forms of art. The main issue with this is that it promotes the idea that females should only be used for sexual pleasure and lead to the development of unhealthy sexual standards. It’s important to have artists that promote the idea that women are powerful beings, not just sexual objects.
After hearing about the incident, the SM entertainment agency said that the title of the song is actually imprinted in the CD, but the CD is flawed and can not play the title. The CD is released to the market before the deadline and did not have the time to reprint. The CD that is sold in the market can not be played properly on the CD player, so the CD should be replaced with the original CD. As for the CD players that have already sold the problem, there is no damage to the CD player.
Jimin has many products with unique smell. Some of his smell we all can relate to, and some are unique to him. His shampoo, his cologne, and his body wash smell like a pleasant pine tree forest. This is because it contains cedar and pine tree oil.
What cologne does BTS wear?
There is no information available on the internet about this. But it is highly unlikely that BTS is wearing cologne. The boys are so busy and always on the go; so it is quite impossible that they remember to apply cologne after a shower. BTS is a boy band and the members usually don’t wear too much make up, and they are always seen wearing t-shirts and casual clothing. No member has a strong fashion sense, so they’re definitely not paying attention to trends in fashion. They have less than 1 million subscribers on youtube, so they don’t appear in many magazines, let alone wear perfumes. It’s not like they are all handsome and need to wear cologne. They aren’t exactly in a position to spend too much money either. But maybe they are wearing cologne. It isn’t impossible. So we can give that a 10% chance. If so, then they are probably wearing the cologne that their fans bought for them.
BTS has said that they don’t wear any cologne in particular. They said that they don’t like to wear very strong scented colognes, because they feel it interferes with their singing and dancing. They like to smell good, but they feel it’s better to smell like their own natural scent, than something that is heavily scented and overpowering.
BTS is a K-pop group from South Korea. They are famous for the group’s seven member line-up, the most members a K-Pop group has ever had. BTS stands for Bangtan Sonyeondan, which means Bulletproof Boy Scouts in English. The group’s members are Kim Nam-joon (RM), Min Yoongi (Suga), Jung Ho-seok (J-Hope), Park Ji-min, Kim Taehyung (V), Kim Seokjin (Jin) and Jeon Jung Kook.
What does BTS perfume smell like?
BTS perfume is said to be a mixture of fresh and sweet. Do not worry if you do not like sweet smells. It is also blended with woody natural scent and a hint of musk to keep it masculine. It is said to be a sophisticated perfume that people can wear both in fancy events and casual gatherings.
BTS perfume is the first time ever for all seven members to have their own scents. The BTS perfume is a collaboration project with Lotte Duty Free. The group’s official perfume cologne comes in seven different bottles. Each one of the members has a set of bottles that represents the color of their outfits. The cologne, which is a mixture of fruit, wood, and leather, captures the individuality of the members, and is made to match the color of their outfits for the upcoming 2018 F/W collection.
The smell is so light that it disappears after a couple of minutes. It’s either a hit or miss. Either you’ll love it or you’ll hate it. I love it!
What is Jungkook’s perfume?
The perfume that he wears is called “Rive Gauche Pour Homme”. It is a fresh and woody fragrance. It is a moderate scent, perfect for everyday wear.
Jungkook’s perfume is called “1mm”. It is a perfume brand by Viki which is a popular site for watching Asian dramas. This perfume has an exclusive design for Jungkook. The top of the bottle is transparent, so the inner liquid can be spotted. The bottle is a light blue color and the cap is in the shape of a heart. The bottle also comes with a card which includes a photo of Jungkook and a signature. The signature reads “Who are you to me”. The perfume is priced at 149,000 won (~120$).
Do BTS members smoke?
BTS members do not smoke, some of them have been around celebrities who do smoke. Sometimes, they may have to take pictures with them, but they never have smoked before.
What is Jimin’s favorite color?
Jimin is fond of pink, red, purple, and black colors. Jimin has tweeted about her love for red and pink colors a lot of times. She used to wear red or pink shirts when she was in SNSD. Her purple costume in Daejoon’s music video, the shirt she wore on her way back from the airport, and the pink shirt she wore on the way home from a fashion show in the Philippines were definitely her favorites. Her black luggage was very famous in the past. In the picture above, she wore a black shirt and black pants with a brown coat. Also, Jimin has written down her ‘Favorite colors’ twice.
As we know, Jimin has 5 beautiful colors in her hair, she must have a favorite color. Jimin’s favorite color is pink! This color looks so cute on her. She has been wearing pink outfits a lot lately. The color pink seems to fit her perfectly.
What is the perfume of Suga?
There are two perfumes worn by Suga. One is a cologne and the other is perfume. The cologne is called ‘Suga’, and he wears it on every music show or other broadcast activities. The perfume is called ‘Coconut Paradise’. He wore it in the ‘Shinee World’ concert and the title song ‘Married To The Music’ of the 6th album.
Suga is such a multi-talented celebrity. We cannot deny the fact that he is a good singer, a good actor and even good at dancing. Every time he has a new appearance, he not only shows his talent but also attracts thousands of fans. In addition, he has a very good personal style. So, what is the perfume he is wearing? Suga wears Mont Blanc Fragrance Homme.
I’m sure you know that idol groups are big business in South Korea. They’re not just big music acts, they’re big business, which means that there’s big money to be made of their merchandise. Like the KPop merchandise of old, the newlyweds have taken an interest in endorsing products, and specifically, endorsing products for women. Jessica and Krystal have been named the official spokeswomen of the “Red Candle” line of products(a makeup brand), and along with their beauty line endorsements, they have also released their own perfumes. You might have heard of their “Jessica” perfume, which the Girls have been pushing for the last several months. But you might be wondering what else they have released, and what other perfumes are out there. So, I’ll give you a run-down of the scents that they currently have out in the world. I searched for the perfume Taylor Swift uses and it is called Wonderstruck.
What scent does Jungkook like?
A great way to get to know fans and prospects is by asking questions. Here’s a great example of the power of this approach. I know that the scent Jungkook likes is the one below because he talked about it in an interview. After someone asked him what scent he liked, he described it in detail. It’s probably a one of a kind scent, so that makes it a great way to stand out from the crowd.
A fan asked this question because he wanted to get a scent for his favourite idol. Jimin replied nicely, saying that he likes all scents and that he is thankful for all the fans.
One of the things that really impresses me about Jungkook is his impeccable sense of style. He wears clothes that fit, in the right colours, and always looks good! His style is young and fresh. When you watch his videos, you will notice how he wears the right colours with his features. If you want to look like him, buy a casual outfit and try the following pairs: Sweaters and blue or black jeans. Brown and black shoes. Black and white, beige and brown.
Which BTS member is the best?
Rap Monster (aka Kim Namjoon) is the best member of BTS. There are many reasons why he is the best. First, his rapping skills are really good. Rap Monster has a really unique and deep voice that is so attractive. He is a good rapper and composer but he’s still improving. He is really funny too. He’s a really good lyricist and I really like his lyrics in the first album. Rap Monster is also really good at speaking English. He knows a lot of words. He’s really smart and cool. He’s the oldest in BTS, but he never acts like he’s the oldest in BTS. As you can see, there are lots of reasons why Rap Monster is the best. I hope you agree.
Rap Monster. As far as I know, Rap Mon is the oldest member of BTS and is the leader. He is said to be the brain behind the group, writing lyrics and planning the group’s music. Moreover, Rap Mon has a very powerful voice. From Busan to Seoul and beyond, Rap Mon is well-rounded and seems like he can do it all. He is the first idol rapper that I’ve ever heard in k-pop. He has a unique ability to rap not just in English, but in other languages as well. It’s no surprise then that he is currently enrolled as a student at Seoul University.
There is no best member of BTS, that’s because all of them are good at something. but if I have to pick one member it will be Jungkook, he is the lead singer of the group, besides that, he is also a very good rapper. When you look at his dance moves, you will say he is the best dancer of the group. He is also a good song writer. Also, Jungkook is not the tallest member of the group, but he is the youngest. Now a days he is the most popular member of the group, you know why? He is so cute.
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In addition, It boosts the quantity of delta sleep, which is the inmost form of sleep. This sort of sleep is additionally referred to as non-REM where you are entirely dormant.
Level of sensitivity to Anxiety
The substances in Sleep Support Plus have been revealed to help in reducing anxiety as well as tension levels, both situations that can result in sleeplessness.
Many individuals with sleep-related issues have pre-existing degrees of stress and anxiety and anxiety, which make resting tough. While it’s not a prescription it can be made use of as a natural alternative to Xanax or Ativan.
The components in Sleep Support Plus support the GABA natural chemical system which helps in reducing anxiety as well as boosts relaxation. GABA is a neurotransmitter that prevents neuronal activity. When GABA is active, the mind slows down as well as loosens up, making it a preferred anxiety relief supplement.
Increase in Mood
Feel happier and much more energised with Sleep Support Plus! Serotonin degrees are increased with tryptophan hydroxylase, which is the enzyme responsible for converting tryptophan to serotonin.
Serotonin is responsible for preserving positive state of minds and also correct sleep, which means you’ll feel a lot more like on your own when taking Sleep Support Plus.
Boosted Immunity
The active ingredients in Sleep Support Plus have been revealed to reduce cortisol degrees which aid boost general resistance functions. The rise of adenosine will certainly additionally aid the body immune system by aiding to raise anti-inflammatory and antioxidant task.
What I Liked About It
Actually risk-free device of activity (boosts melatonin production).
Doesn’t work by sedation, as the majority of supplements.
Functions really well in most cases.
Based upon both classic as well as herbal ingredients for sleep.
Its substances have medical proof behind.
Great deals of satisfied individuals behind.
Incredibly well endured (no problems on side effects).
Refund assure offered (only on its main page).
What I Really did not Like Concerning It.
Original version is just offered on its main website.
Only sold in regarding 25 nations.
Is the supplement reliable?
Sleep Support Plus is one of the reliable natural sleep aid ever provided in the marketplace.
The number of capsules remain in one bottle of Sleep Support Plus?
It consists of 60 pills in one container.
How Should You take Sleep Support Plus?
You ought to take 2 capsules of Sleep Support Plus daily. For finest outcomes take 20-30 minute prior to bedtime with an 8oz glass of water.
WARNING: Do not go beyond the recommended dose. Pregnant or nursing mommies, children under the age of 18, and people with a recognized medical problem must seek advice from a physician before using this or any nutritional supplements.
I am currently taking a sleep med called Tamazepam as well as one more med to minimize anxiety (Bisporone). Will they interfere with each other?
Some medications as well as temazepam can hinder each other as well as raise the possibilities of you having negative effects. If you are having long-term sleep loss you should talk to your medical care professional.
What are the adverse effects of taking Sleep Support Plus?
There are no side effects on Sleep Support Plus.
How Much Does Sleep Support Plus Expense?
The cost of the supplement differs relying on the variety of containers that a person purchases. By purchasing one container of the supplement, one will be billed $27.95 while 3 bottles will certainly cost $97.90 with a cost-free bottle of the supplement. Those that purchase two bottles at the same time will certainly be billed $48.94.
Can you drink a night glass of a glass of wine if using this product?
You can have a glass of red wine or a sleeping tablet, however not both. We suggest making a decision ahead of time and adhering to it.
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Editor’s note: Glenn Moscoso is a husband and father living with Cerebral Palsy. After scouring the Internet for resources on being a dad in a wheelchair and coming up empty, he created his blog, Wheelchair Daddy. Since becoming a parent, he doesn’t have much time for hobbies, but enjoys an occasional game of golf and flying drones with his son.
I grew up in a middle class home, and my schooling was mainstream. My parents raised me to acknowledge my disability but not allow it to define or limit me. I had chores; I was expected to clean my room, change my sheets, etc. For fun, I drove go-karts with my cousins. My dad and uncle came up with a way to modify the gas and brake pedals. In addition, I played wheelchair soccer and basketball.
When I was in my undergraduate program, it was prior to ADA (Americans with Disabilities Act), so services for people with disabilities were minimal. I was lucky enough to have surrounded myself with a good group of friends who assisted me with things but at the same time accepted me as a friend for ME and not because of my disability.
After getting my master’s degree in Adult Education and Online Learning, I spent some time teaching a college-level Human Resources class. However, as a result of the Affordable Care Act (ACA), the college had to do some structural reorganization, so I no longer teach. I still work at the college as an Assistive Technology Coordinator and Academic Coach. I manage the computer lab in the Office of Disability Services and assist students with disabilities with time management, course selection, and to a certain degree, self-acceptance and “owning” their challenges.
I didn’t have doubts related to my disability about becoming a dad, but I would say I had some concerns about how I would hold him, carry him, pick him up, and feed him- all the aspects of having a newborn. However, when my son was born, and I held him the first time, I experienced an overwhelming sense of calm and inner peace.
Editor’s Note: Glenn wrote a post on his blog on August, 2016, about the “Disability Shark” circling (think Jaws) in reference to his preschool-aged son starting to show signs of curiosity about why his dad uses a wheelchair. At the time, they hadn’t yet had “the disability talk”. Wheel:Life asked him if there were any further developments since the post.
The shark has turned into a fish in a fishbowl, constantly watching, learning and understanding. He gets my disability and my abilities, I would venture to say, more than any adult, or maybe even more than my own parents. Before he learned how to walk, he would sit on the floor and have one hand on my chair as he played. Just the other day, my wife was telling him we might go on a cruise this summer. Rather than instant excitement, his first question was, “Mommy, is there a ramp so Daddy can get on?” He didn’t get excited until we showed him pictures of cruises we took before he was born.
My wife has Cerebral Palsy as well, but hers is less involved.
She is able to walk, and it doesn’t affect her speech much. I believe my son understands his mom is different but possibly less so than his dad, since she is able to walk.
What’s interesting about my son is that he knows his mom’s abilities versus my abilities, so when he needs help he will come to us based on what he needs. For example, if he needs something opened or put together he’ll come to me, because I have better fine motor skills; but if he can’t reach something up high or wants to be read to, he goes to my wife. He does this with little or no thought, which is completely fascinating. I think at some point, he’s going to want to know what Cerebral Palsy is and how it happened.
One thing I’ve learned from watching my son is that quite a bit of my mannerisms are not associated with my Cerebral Palsy but rather simply in my DNA. Some of my son’s mannerisms are the same as mine, which was surprising when I first discovered it, because I used to think certain things I did were CP related.
I believe my son has been an unbelievable equalizer.
When I am with him, it feels as though my wheelchair disability disappears. Whether it’s at his school, t-ball, or at the store, I feel as though people see me and treat me with more respect. I’m no longer the guy in the wheelchair; I’m just a parent.
When I first found out we were having a boy, I searched the web daily for anything I could find about being a dad in a wheelchair. I found a few things but nothing of real substance. The few things I did find were based in the UK. Mostly, what I came across were sites geared towards mothers and their questions and concerns. Even the sites with titles such as “Parents with Disabilities” still had a mother angle and were heavily oriented towards women. Thus, Wheelchair Daddy was born.
I hope to accomplish a few things with my blog. I’d like to provide a resource for future dads in wheelchairs. I’d also like to grow it into a business that possibly opens the door to the speaking circuit. Most importantly, I’d like it to be a journal for my son to read one day.
About the Author
Betsy Bailey has a diverse background including experience in marketing research at American Express, business operations and client relations with 601am, travel and culinary writing with VegDining, and playing volleyball professionally overseas.
Betsy is excited to get back into writing, something she’s adored since childhood, and thoroughly enjoys the process of getting to know her interviewees. On top of her work with Wheel:Life, she also teaches students learning English as a second language, speaks French fluently, and travels any chance she gets!
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One of my roommates during grad school, The Coat, was friends with a completely wayward rogue. We called said rogue O’Shame. Every time I watched LOST and see Sawyer, I was reminded of O’Shame in that same gritty, dirty, muscled, kind of sexy, but really mostly gritty and dirty kind of way.
During law school, we used to frequent this fabulous dump called The Grenada. Thursday nights heralded in the beginning of the weekend (for us) but also 80's night AND Dollar Pitchers at The Grenada. Few other things on earth scream "I am serious about my education" than flocking with all your law school friends to a giant bar to dance to Come On Eileen and swill down pitcher after pitcher of Keystone Light. But flock we did, and OH, I loved every minute of those 50 weeks a year.
Now, dirty O'Shame would often join. The following is one of his more hilarious antics.
While at The Grenada, a fertile ground for impermanent relationships, O'Shame met himself a little lass. While engaged in a full on teen-age make out party, O'Shame, like Tarzan, or King Kong, lifts her up and puts her on the rail so they can take their PDA to a whole new classy level while she wraps herself around him. He is earnestly kissing her. How do I know?
Because he was leaning so far into her they both FLIPPED over the rail. She landed on her back about five feet below. He landed on her. His face landed on the floor. Only when they finished making out did he rise, dust himself off. He rises and we see blood coming from his mouth and a big snaggle tooth jutting out of his mug. The remainder of his tooth apparently left on the dirty floor. He uses his hand as a towel to wipe the blood from his face. He gets napkins to ward off the flow. He sees no reason to get medical attention. Never mind your face was on the filthy floor. Might that merit at least a rinse or maybe a hand wash? NO. As he continues to bleed, his wife-for-the- night thinks he looks "rugged." As she fetches more napkins for him, he looks at us and asks if it looks ok. Does your broken tooth look ok? Is YES ever an answer to this question?
The Coat, not wanting to inhibit his prowess, said "I think it is fine."
MarciaGarcia said, "WOW, O'Shame is dirrrrrty."
I say, "You look like a jack-o-lantern."
Did it stop O'Shame? No. Even being told you look like a human snaggle-toothed jack-o-lantern couldn't stop that train. And it is awesome when being drunk and hooking up is FAR more important than your health. God forbid you miss a tongue dance while you take a time out to get your smacked gob looked at by medical personnel.
Now all the rest of you little pumpkins, be good this Halloween. MiniMac is dressing up as a blue m&m. Have a safe and fabulous weekend. And like the black cats, don't let any jackass-o-lanterns cross your path.
Posted by JennyMac
32 comments:
I never get trick or treaters at my house. I guess I should quit painting my butt orange and drawing a face on it.
October 28, 2010 at 6:52 AM
Unknown said...
October 28, 2010 at 7:36 AM
Stereo said...
Sorry but I couldn't get passed the first line of this post for a good two minutes. Rogue O'Shame? CLASSIC. Freakin' love it.
October 28, 2010 at 7:51 AM
Herding Cats said...
Ouch....just ouch. I hope he was quite drunk or that would have been quite painful!
October 28, 2010 at 8:23 AM
Unknown said...
OH gosh I would have laughed till I cried..
October 28, 2010 at 8:32 AM
Jenn @ Youknow...that Blog? said...
Ahhhh yes, O'Shame. I've met his cousin McMoron on many occasions!
Hope MiniMac enjoys his Trick or Treating! Wee One is going as a Pirate Princess she says. She has so many costumes for daily Diva-ing that it's not a sure thing until we're leaving the house. :)
October 28, 2010 at 8:48 AM
Vodka Logic said...
You really should write a book.. crazy friends that you have.
What is OShame up to now and did he ever fix the tooth
October 28, 2010 at 9:33 AM
I looooveeed 80's night in college. I'd still go if I knew a place that had it here in my ghetto city!
October 28, 2010 at 10:22 AM
You do always have the best stories. And I have to say Sawyer was never my thing.
October 28, 2010 at 10:42 AM
Little Ms J said...
If I were the lass I would've put my hand out, "I'm sorry. I don't kiss boys with snaggle teeth." I'm classy like that.
October 28, 2010 at 11:39 AM
Unknown said...
That is too funny! Now I can't get the image you concocted out of my head!
October 28, 2010 at 12:12 PM
Unknown said...
That is too funny! Now I can't get the image you concocted out of my head!
October 28, 2010 at 12:12 PM
Marcy said...
Oh, what a night. And this is just one of many a story that generated in the Granasty. Please, oh please, don't ever write a blog about MY story. I would like to put that behind me. Plus, the Keds lady might see it. ha ha.
October 28, 2010 at 12:47 PM
Hey, I think we know that guy! Okay, maybe his twin brother...
October 28, 2010 at 1:21 PM
Boo boo is Rapunzel in a BEAUTIFUL blue gown I got on a costume website cheap! But then I paid more than I wanted to on the wig, so it evens out.
October 28, 2010 at 2:10 PM
Unknown said...
Did his hookup take off or stay to mop up the mess?
October 28, 2010 at 2:48 PM
You lead the most exciting life.
too funny
October 28, 2010 at 3:33 PM
Kir said...
I *Heart* your stories, seriously. I feel like i was there.
October 28, 2010 at 4:09 PM
webb said...
What a funny O'Shamathon! When I was in grad school the Budding Barristers let me hang with them and our Friday nights were pretty much like that - except that a fairly high percentage were already married, so it cut down on the wife-for-the-night business.
October 28, 2010 at 5:14 PM
Myya said...
Don't you wish you had that on video! :)
October 28, 2010 at 5:15 PM
Jane said...
Ahhh...I miss youth.
October 28, 2010 at 6:01 PM
Maria said...
Goodness gracious! I am thinking that with the amount of alcohol he consumed, the washing out of the mouth was probably not necessary and he was so stone drunk, it probably didn't even hurt. Here's to blue M&M's and tamer Halloween night's; 80's or otherwise! Have a wonderful time!
October 28, 2010 at 7:01 PM
Anonymous said...
Is O'Shame still snaggle toothed? I'm sure no.
$1 pitchers were the best. Recently, hubs and I discovered a fun little sports bar close to home. They offere $5 pitchers of Busch Light. Klassy! but to me it tastes the same as Bud or Coors light.
October 28, 2010 at 7:40 PM
Wow, I think I dated his cousin.
October 28, 2010 at 8:12 PM
J.J. in L.A. said...
If some guy caused me to fall over a railing, the LAST thing I'd want to do is continue to play tonsil hockey with him.
October 28, 2010 at 9:23 PM
janis said...
My baby who's turned 20 today... was a Green M&M with her Blue M&M buddy many years ago. I think she & some of her DZ Sisters are gonna be crayons this year...Lets hope she is the sharpest (or at least a smart) Crayon in the box!
October 29, 2010 at 12:34 PM
Jaime said...
my son wanted to be skittles... and a dog... and a dog named skittles...
we settled for woodie
October 29, 2010 at 8:35 PM
People Who Know Me Would Say: said...
Better drawn characters have simply never existed.
October 30, 2010 at 7:11 AM
Love the snaggle tooth story. Making out is really important but blood always puts a damper on it as it should.
October 30, 2010 at 8:44 PM
Caty said...
LOL! I knew a few of those...some I keep in touch with and I don't think they have changed much over ht eyears!
November 1, 2010 at 12:32 PM
Awesome story! Love the way you write it. Felt like I was there.
November 1, 2010 at 12:34 PM
Anonymous said...
My cousin recommended this blog and she was totally right keep up the fantastic work!
November 10, 2010 at 9:37 PM
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I am an attorney, mom, wife, daughter, sister, friend and fab-u-lous dancer sharing observations on life, culture, relationships, parenting, and news. Thirsty for humor? Let's have a cocktail...
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Learning and attention issues impact 1 in 5 people in the U.S. But despite their prevalence, many people are unaware of the barriers that undermine their success in school and in life. This fall, NCLD focused its efforts on providing parents, students, educators and lawmakers with the tools they need to take action and be effective advocates. Together, we can raise awareness and drive meaningful change in our school systems, workforce and beyond to ensure that all people are given the opportunity to thrive.
In August, we brought together 40 national experts in disability rights and personalized learning to discuss the importance of self-advocacy skills and self-determination for students with disabilities. Experts highlighted current challenges, successful classroom and school-wide models, and necessary resources to enable students to take a more active role in their learning. Soon, we’ll release recommendations on implementation for educators, parents, students and schools.
We’ve been working directly with parents and stakeholders in five key states—Colorado, Georgia, Iowa, New Hampshire and Tennessee—to foster communities of support and improve how lawmakers implement the new federal education law, the Every Student Succeeds Act (ESSA). Our organizers have helped connect parents with state leaders to make sure students with learning and attention issues are considered in ESSA plans. In Georgia and Colorado, we’ve already seen changes that align with our parents’ feedback.
To celebrate Learning Disabilities, Dyslexia and ADHD Awareness Month this October, we launched our annual #BeUnderstood campaign through Understood.org, focused on making invisible learning and attention issues more visible. Celebrity influencers Simone Biles, Gavin Newsom and Diamond Dallas Page spoke directly to kids who have learning and attention issues about their own learning challenges. We lit up national landmarks purple and blue, like Niagra Falls and LAX, and more than 3,000 people used our #BeUnderstood Facebook photo filter to spread awareness of the 1 in 5.
This fall, we also created personalized parent resources to get kids First Day Ready for school, continued to gain support for the RISE Act and collected applications for scholarship awards for two graduating high school seniors. We published materials for parents to make informed decisions about school voucher programs, education savings accounts and tax incentives, and continued to assess how we can better serve young adults and educators.
If you want to learn more about how we’re supporting the 1 in 5 and how you can help, sign up for our email list, and follow us on Facebook and Twitter. To make a gift in support of NCLD’s work, please click here.
Professional Advisory Board Spotlight
NCLD’s Professional Advisory Board (PAB) includes leading educators, psychologists, researchers, physicians, and advocates who help to guide programs and advise the staff.
At this year’s NCLD PAB Meeting, cognitive neuroscientist and PAB member Fumiko Hoeft of University of California San Francisco (UCSF) Dyslexia Center, UC-Stanford Precision Learning Center and brainLENS lab, presented her team’s work on two projects that focus on early identification of learning and attention issues and promoting resilience. AppRISE is a gamified universal screener app for dyslexia risk and school readiness, for children aged 4 to 6, that can help identify learning differences and make sure that students get the support they need early on. The Socio-Emotional Toolkit (SE) is a recently developed online questionnaire, which includes measures that are important in the development of socio-emotional resilience in students with learning disabilities, ages 9 to 18, such as grit, growth mindset, emotion regulation, motivation, sense of mastery and more.
Carrying out the NCLD mission to improve outcomes for the 1 in 5 individuals with learning and attention issues.
Help empower and advocate for young adults ages 18–26 with learning disabilities and attention issues.
Tell Congress: Pass the RISE Act
We need your help! Ask your member of Congress to support students with learning and attention issues.
Support NCLD
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To the learning disabled community, and our allies,
Our students are in a mental health crisis, one that disproportionately impacts students with learning disabilities. A 2019 CDC report indicated 33% of high school students experienced persistent feelings of sadness or hopelessness. This number jumped to 44% during the pandemic. For those of us in the learning disability community, mental health issues permeate our everyday lives. The limited research we have supports a strong correlation between learning disabilities and mental health disorders. For example, one study found that individuals with learning disabilities report mental health issues such as anxiety, depression, and suicidal ideation at twice the rate of their non-disabled peers, even controlling for possible confounding factors. Another meta-analytic study shows varying rates of comorbidity, from 8% to 46.3%, for ADHD and anxiety among students with LD.
Yet, the causal relationship between mental health and learning disabilities is still poorly understood. The topic of mental health rates in the LD community came up time and time again in conversations among our Young Adult Leadership Council members, where for many of us mental health struggles are woven throughout our LD stories. We write this letter first as a note of acknowledgement to the LD community, second to bring awareness of this issue to a broader global community, and third to call in parents, teachers, policy makers, and researchers to help us address this issue.
Generally, poor mental health is associated with challenges with decision making, difficulty in school, difficulty forming positive relationships, and other risky or potentially harmful behaviors. Dual-disability diagnoses present even greater challenges, as many experience persistent stress, anxiety,, trauma, bullying, internalizing problems, and feelings of social isolation as they navigate a world with learning disabilities and mental health disorders. These negative experiences are especially concerning when you consider that almost one-third of incarcerated individuals report having a learning disability, and mental health issues affect approximately half of the incarcerated populations.
“Not being diagnosed until recently as an adult, I never understood why I struggled like I did. However, after my diagnosis, I realized that my anxiety and depressive episodes contributed to my perfectionism and impulsive choices. Undiagnosed individuals with ADHD face the harsh reality of being prone to depression and anxiety. It could lead someone to a pathway of substance abuse and impulsive decision making that can have serious consequences. When you live in a world where people don’t understand individuals with attention issues, it can make you feel like something is inherently wrong with you, which can also contribute to depression.”
We know that students with LD report more issues with mental health. However, that is the extent of the research. We do not know the cause of these lower mental health rates in students with learning disabilities. Anecdotal reports by students with LD suggest that many experience educational trauma. We need research in order to know the extent and impact of this educational trauma. Is educational trauma a risk factor for poor mental health?
As members and activists on the National Center for Learning Disabilities’ Young Adult Leadership Council (YALC), we feel it is imperative to kick-start a solution-driven mental health initiative focused on the intersectionality of learning disabilities and mental health disorders. Many of us navigate life as learning disabled people struggling with mental health. Research suggests that promoting a sense of belonging and peer social support within schools can protect learning disabled individuals from many documented negative outcomes. Yet, many of us experienced various forms of educational trauma throughout education in the form of persistent academic failure, feelings of inadequacy, low self-esteem, bullying, social isolation, and ridicule. Educational trauma refers to the perpetual pattern of harmful cycles within educational systems that detrimentally affect academic and emotional outcomes.
“The humiliation, bullying, and systematic exclusion was shattering beyond words. Eventually the educational trauma I experienced became a bigger barrier to learning than my actual learning disability.”
Many young adults with learning disabilities describe their K–12 educational experiences as traumatic. They describe feelings of being misunderstood. Often, they report that those around them failed to understand their learning and mental health struggles, as they lacked the words to describe the shame they felt to the adults and peers in their lives. These struggles span well beyond weaknesses in reading, writing, and math. Mental health and learning disabilities are interwoven, and these challenges follow learning disabled individuals as they transition out of high school and into postsecondary education and the workplace.
“It was not until undergrad that I learned that it isn’t normal to feel like you can’t breathe every time before attempting homework.”
—Stevie Mays
Many learning disabled people report feeling unsafe and like they do not belong in the classroom. In talking with almost any learning disabled person, they will tell you that their learning disability has impacted them far beyond just their struggle with learning skills like math and reading. They will tell you that existing as a learning disabled person impacts one’s whole experience with the world, how the world interacts with them, and how they interact with the world. Yes, it’s important for us to help LD students in academic areas like reading and writing. But if we fail to look beyond academics, at the whole person, we miss an entire aspect of the learning disabled experience. We miss what it actually means to exist as a learning disabled person.
“At age 16, as everyone around me wrote in fine penmanship, I felt like a child still writing with red crayon. It didn’t matter what or how well I wrote – I wasn’t allowed to belong.”
What are you doing personally to better understand and address the experiences of the learning disabled community and why our peers are pushed out of schools, into the prison system, into low-wage careers, and, in the best case, into college settings that don’t support us?
We need to talk about mental illness for what it is: a disability. A disability that deserves the same support and focus as dyslexia, ADHD, and other learning disabilities.
Our dyslexia, anxiety, ADHD, depression, dysgraphia, PTSD, and more are disabilities that need support, understanding, and recognition. Many of us on the YALC say that finding the LD community was the key to us feeling like we finally understood ourselves and were able to come out of our shame. We found strength in our shared experiences and were able to name many of our experiences for what they were: educational trauma. In doing so we found our voice, not only to share our stories but to advocate for our community as a whole.
To the LD person reading this, we see and empathize with your struggles. We encourage you to seek out your LD community and embrace your disability identity. The disability label (including mental health and learning disabilities) give you access to support and treatment. It also comes with a community that wants to welcome you in.
Finally, this letter is a call to action — a call to our researchers, policy makers, educators, and parents and caregivers to better understand, address, and find solutions for the mental health needs of individuals with learning disabilities.
Include mental health as measures in your data collection, and mental health disabilities as covariates.
Research educational trauma, including its prevalence and impact on students with learning disabilities.
Conduct holistic research on the experiences of LD students beyond our academic success, and understand the impact on our non-academic lives.
Research the intersection of mental health and learning disabilities, and specifically the experiences of BIPOC, LGBTQ+, and historically marginalized groups.
Include LD people in your research process beyond them being research subjects. Ensure that learning disabled people are a part of the research design process. Get feedback from the LD community and ensure that the research questions you ask are aligned with the values of the community you’re studying. Hire LD people in your labs and centers so a good percentage of the next generation of people studying LD are LD themselves.
Increase funding for early identification, treatment, and psychological support within schools. We need well-funded school-based mental health programs, school psychologists, counselors, and social workers.
Keep your promise and fully fund IDEA, after over 40 years of never doing so.
Ban the practices of seclusion and restraint that have harmed and oppressed disabled students for decades.
For educators:
Many of your students are walking into your classroom with years of educational trauma. You can end it. Focus on students’ strengths while also acknowledging and building solutions to address our weaknesses, and listen to students when they are brave in sharing their experiences.
Be aware of the interconnectedness of mental health and learning disabilities, and work with us to create strategies that address what we need and prevent negative outcomes.
Avoid terms such as “lazy” when you talk about your disabled students. We aren’t lazy. We’re trying our best.
For parents and caregivers:
Talk about mental health with us, and help us own our identities as members of the disability community.
Look for early warning signs of mental health issues and teach us to be self-advocates, so that when we’re on our own, we’ve got the skills to stand up for ourselves and the things we need to be successful learners.
For the learning disabled community:
Embrace your learning disability identity. Don’t be afraid to use the language of disability. Taboo and stigma lead people to use euphemisms. But ultimately, our legal rights and our connection to community depend on identifying as disabled. We can end the stigma and taboo of being disabled by embracing this community.
Be willing to talk about how mental health impacts you in school. We are functioning in school systems that are not designed for us and that “others” us constantly. Allowing yourself to get support is the greatest gift you can give to yourself. We know it’s hard to stick out as the one using accommodations, but you’ll be glad you did.
Understand that you’ll need to self-advocate for both your LD and your mental health. This may look like telling your parents and educators what you need in a classroom setting to succeed. This means attending your IEP meeting and making sure your accommodations reflect your needs.
This call to action only scratches the surface of a larger conversation. Our voice matters. Join us in amplifying this initiative by signing below.
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Welcome to Mumbai. I have arrived in this incredible city of an estimated thirteen million – more than triple the population of my native New Zealand. It is rainy season here and the roads, always jammed, are worse than ever thanks to the pools of water everywhere.
This fervent city is the home of India’s commercial and entertainment sectors but has long suffered from a dilapidated and crumbling airport. All that is changing, thanks to a remarkably complex and ambitious modernisation being driven by the GVK consortium.
I’m here to talk to the airport company about its plans for the airport and the commercial offer. It’s a fascinating story and one that – thanks to the recent court case between Mumbai International Airport Limited (MIAL) and duty free retailer Flemingo – has been touched with its fair share of controversy.
DFS Group [pictured below] opened recently here and they’ve had their hands full to say the least with logisitical issues. But the shop is taking shape and better days are coming. We’ll talk to MIAL management and take a closer look at the DFS store in future Blogs.
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Denmark is famous for its large and inclusive welfare system. In Denmark, where institutions generally function well and where everyone receives the same amount and level of services, social innovation is a lot more about supplementing or improving existing public sector-led initiatives.
The need for social innovation arises as the Danish welfare system is beginning to have problems with providing a satisfactory level of support for its citizens due to its ageing population. Furthermore, the Danish welfare state might be one of the best in the world in terms of providing food on the table, clothes and roof over the head for its citizens but some critics argue that it has been less successful at providing its citizens with a sense of inclusion, purpose, connectedness and belonging. So, whereas material poverty is hard to find in Denmark, social poverty certainly is not.
Social innovation is time and context specific. That means it can mean different things in different context. What might not seem innovative in one country, may be ground breaking in another. The political and cultural background is important to understand. There are also a wide variety of organisations involved in this field, each have different perspectives. So, the purpose of this page is to demonstrate a variety of views on what social innovation means to different kinds of organisations in Denmark.
The voices from Denmark:
In 2011, Andreas Hjorth Frederiksen and Anne Sørensen from SOCIAL+ provided a summary of what social innovation in Denmark looked like at that time, especially social innovation in a strong welfare state:
"The universal welfare system acts as a safety net for all citizens, and is based on solidarity. The welfare system is constantly evolving, but this evolution happens in small, slow steps. There are a number of reasons, why the development is slow, such as:
The size of the welfare state and public organisations creates inertia, holding them back in, for instance, the field of knowledge sharing
The complexity of the public sectors task and work – many professionals and stakeholders are involved in developing new initiatives
The fear of making mistakes minimizes risk taking – risk taking is an essential part of any innovation process
The public sector are under financial pressure – few resources are left for development
So while the welfare state holds the main responsibility for solving social problems in Denmark – social innovation is under pressure because of the conditions in a strong public sector. First of all, there is a lack of infrastructure supporting social innovators and social innovation."
Read more on this as well as new sectors and actors getting involved in their full contribution here.
In 2015, John René Keller Lauritzen from the Danish Technological Institute wrote on article on social innovation in Denmark. He discusses the developments that have taken place at multiple levels:
"Policy-makers at all levels are slowly beginning to recognise the importance and potential of social innovation. Although it often happens under headings such as ‘citizen engagement’, ‘promotion of social enterprises’ and ‘inclusion of volunteers’ a lot of important initiatives have been set in motion over the past 4 or 5 years to promote the agenda.
At the national level, multiple initiatives have been launched to provide enabling framework conditions and financial support for social enterprises. A National Centre for Social Enterprises has been set up to provide support and sparring for social entrepreneurs and enterprises.
At the regional and local government level, municipalities are increasingly prioritising the mobilisation and inclusion of non-public actors in addressing societal challenges. Around 1/3 of Danish Municipalities are members of the Danish Municipality Network on Social Innovation and an increasing number of them are experimenting with schemes such as social impact bonds, participatory budgeting, community-led development initiatives and schemes to support social enterprises.
In the third sector, civil society organisations continue to think up, test and implement new effective schemes, and new actors, such as housing and sports associations, have started to embrace the role as social innovators..."
Read more with examples in the full article here.
Site by Effusion
This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 693883 The European Commission
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Bicycle Association working with Department for Transport to encourage behaviour change in getting to school
Bike industry and Prime Minister team up for National Schools Award
The Prime Minister has announced his plan to provide a National Schools Award Scheme to promote more cycling and walking to school.
This will be funded by the cycle industry through its Bike Hub levy, and the project will be led by the Bicycle Association with the Department for Transport.
The Prime Minister’s initiative will bring together a number of national organisations which already have wide experience of working with schools in cycle training, walking projects, and in programmes to encourage behaviour change in travelling to school. The aim will be to capitalise on, and enhance, existing schemes, such as the “Big Pedal” and Cycling Scotland’s “Cycling Friendly Schools”, as well as Walk to School Week, to generate a new national momentum for cycling and walking to school through the leadership of the Prime Minister.
The Schools Award Scheme is intended to provide a lasting and practical legacy for everyday cycling inspired by the UK’s cycling success at the 2012 Olympics.
Phillip Darnton, executive director of the Bicycle Association, told BikeBiz that the details of the programme have yet to be finalised: "We are very pleased to be working with the DfT to develop the scheme; as yet we have not settled any of the details. We are planning to work with TfL, Cycling Scotland (who run a cycle-friendly schools scheme already), with Living Streets (who have a walk to school week) and, of course, with Sustrans who already run the Big Pedal with funding from Bike Hub.
We are also engaging with the Youth Sports Trust, the Association of Bikeability Schemes (cycling instructors nationally) and other organisations such as the CTC to design a scheme which will appeal to as many schools as possible up and down the country."
In case you missed the announcement earlier this week, the Secretary of State for Transport also revealed that funding for Bikeability, the National Standard Cycle Training programme, would continue at least until 2016. This is a key component in training children to ride confidently and safely. About 50 per cent of young people expressing the wish to cycle to school – and with most schools being within walking or easy cycling distance – the National Schools Award Scheme will provide a new incentive to revive the cycling habit, with an immediate impact on children’s health and wellbeing, as well as a reduction in congestion and pollution from the school run.
On behalf of the cycle industry, the Bicycle Association is committed to help deliver the Prime Ministers ambition for cycling.
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Businesses are usually created because a product or service provides value and attracts paying customers. Behind the product/service is an extremely talented individual or group which brings the product/service into existence. Regardless of available talent, Native enterprises first created a business then searched for a product or service. This is business development in reverse.
I currently serve on two Native enterprise boards, one is an Alaska Native village corporation board and the other is a Tribal enterprise board. There are major differences between the two business entities with the major one being land ownership. The Alaska Native Corporation (ANC) has land and the Alaska Tribal business does not. However, both entities seek to start and grow new businesses for the benefit of their tribal members and shareholders. Many village ANCs and Tribal businesses attempt this with little to no capital.
However, there is somehow still an assumption by some tribal member/shareholders that starting a business is easy and creating profit is a forgone conclusion, based purely on the idea of having started a business. This group sees failure in business as unacceptable.
There is also an assumption these business entities should be profitable because other similar ANCs and Tribes are profitable, that somehow all Native entities have access to the same resources and talents. Of course, these assumptions are false. Not all ANCs and Tribes are created equal. This group measures the success of their corporations by how well it compares to the most successful Native corporations.
Creating a profitable Native enterprise from nothing is extremely difficult and very rare.
If it’s so hard to start a Native business then why are some Alaska Native Corporations so successful?
The top 20 Alaska Native Corporations create a misleading picture of the Alaska Native corporation community. It’s true, the top ten percent of the ANC community is financially successful. However, if one looks a little deeper at the top performing ANCs, we can see a majority of their start-up businesses did not begin from “nothing” and can actually be placed into two major categories; Natural resources and government contracting.
ANC businesses outside of these two categories are most often the result of acquisition as opposed to internal start-up. I’ll admit it can be confusing as ANCs are large holding companies diversified with many operations, real estate holdings and stock portfolios. They are quasi-private entities with limited information available to the public and therefore a mystery to many.
Natural Resource businesses are geography based. Either you have the good fortune to have valuable resources located on your land or you do not. The companies that create revenue from these resources have not created new value… they are simply exchanging value or selling assets. In many cases, a natural resource business is not self-sustaining.
The top ANCs were built on natural resource businesses and continue to prosper from their land holdings. ASRC’s initial primary revenue came from oil and gas leases. In 2012, Nana’s Red Dog Mine produced 170 million in net proceeds for NANA prior to sharing through 7(i).
The Native corporations in Southeast Alaska are blessed with rich timberland. Every Native corporation in Southeast Alaska engaged in logging their land. Each created a new business to perform this activity but now, thirty years later, only Sealaska Timber remains. No new products or services were created. No unique talent was needed. Board and management did not create anything new for the world, they just sold what was already there before they arrived. They transferred the wealth in the trees into dollars for company bank accounts. Once the trees were gone, the timber businesses closed.
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Government Contracting
Alaska Native corporations and Tribal business can receive preferences when contracting with the U.S. government. Dozens of ANCs have filled their holding companies with a plethora of SBA 8(a) businesses. This program has provided ANCs with a real advantage and has allowed them to prosper as government contractors. As of 2009, about half of all ANC revenue came directly from doing business with the U.S. government.
Every Native corporation listed on the “Top 49ers” list derives revenue through government contracting. Government contracting accounts for a majority of the earnings for many of these successful companies. In 2012, revenue from government contracting made up 84% of KTC’s (The Kuskokwim corporation) revenue. This was a decrease from 2011 when 95 percent of their revenue came from government contracting.
Should ANCs continue in government contracting and natural resource development? Yes, of course. They would be foolish to not take advantage of every opportunity available. The revenues gained provide benefits to Alaska natives that are greatly needed. In fact, without these successful businesses Alaska Natives would be in dire straits. These businesses provide the ability to sustain native culture, language and ways of life on the brink of being lost.
I am proud of my Brothers and Sisters who have created this prosperity. However, I would like them to look ahead and take a second look at today’s situation. What happens when the natural resources are depleted and the government preferences go away? What about the rest of the Alaska native village corporations… the ones with their incorporation papers but no business? The ones surviving on 7(i) payments or the ones not surviving at all. They don’t have the good fortune to be near natural resource wealth and to have the wherewithal to start federal contracting businesses.
Today, I am a director on two boards that ask the same questions. How can we make much needed revenue for our tribal members / shareholders? What businesses can we start? Are our only choices natural resource development and government contracting?
The first step in starting a business outside the two main categories and with no money is to acknowledge it will be extremely difficult. With this understanding comes the acceptance that some attempts may come up short and fail. Failing in Indian country is a death sentence. This is a serious topic I will address later in another paper.
The next step would be to truly understand the fact that successful start-ups are only created by talented individuals. I believe in acquiring talent from wherever you can find it. I also believe in Native businesses growing their own talent. Both methods work and are needed. What’s important to understand is no business operates successfully for very long without talented individuals. In regard to these “talented” individuals, it’s more important to have the “right” individuals as opposed to business minds with high IQs.
ANCs and Tribes value education. Many ANCs have successful scholarship and intern programs. We are now seeing the dividends of those programs paying off with the return of Alaska Natives with PhDs, JDs, MBAs and diverse work experiences returning home to work for ANCs and Tribes. Unfortunately, much of this talent is attracted to the Regional corporations and large village corporations and tribes instead of the small village ANCs and tribes.
The Native talent pool is growing and eventually talent that only went to large Native enterprises will spill over to fill all positions; even in the smaller Native businesses. New Native leaders are emerging and are bringing with them new ideas of what a Native enterprise should be in the 21st Century. These Native institutions may lack a "what" and "how" for their business but have an incredibly powerful "why". It's this understanding of "why" they are in business that has brought them this far and will propel them into the future
My wish for ANCs and Tribes is to grow talent from within, exploit unique strengths, provide tremendous value and to build enduring global brands that align with their Native values. However, let us first agree that it will be challenging and that we may stumble and fall because creating a successful new business is very hard.
Morgan Howard (Tlingit) was born and raised in Alaska and serves as a director on two Alaska Native enterprise boards. He is the founder of NativeCo.com and Morgan Howard Productions. He lives with his wife and three children in Kirkland, Washington.
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The Wrap: Indigenous coach leading no. 1 team
By ICT Dec 8, 2022
Farmers of color sue government for promised aid
By Associated Press Dec 8, 2022
Outside
Mauna Loa lava no longer imminent threat to Hawaii highway
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The fight to stop ‘the biggest land grab’
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Newscasts
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Slate of New Mexico regulatory candidates sparks concern
By Susan Montoya Bryan, AP Writer Dec 8, 2022
Hawaiians from Hawaiian Home Lands attend DC policy summit
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Our clients range from FTSE 300 companies, to large charitable organisations and some small local businesses who are striving to expand. Most of our clients use our Data Analysis service to inform their strategic decision making and their targets for the immediate, mid-term and long-term future. The data sources that we use for this type of analysis include customer enquiry data, sales figures, costs, market data and customer feedback. Our teams are up to date with the latest technologies, media trends and are keen to prove themselves in this industry and that’s what you want.
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We have a number of different teams within our agency that specialise in different areas of business so you can be sure that you won’t receive a generic service and although we can’t boast years and years of service we can ensure you that is a good thing in this industry. Our teams are up to date with the latest technologies, media trends and are keen to prove themselves in this industry and that’s what you want from an advertising agency. The data sources that we use for this type of analysis include customer enquiry data, sales figures, costs, market data and customer feedback.
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Let the beauty of what you love be what you do.Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the with the release of letraset sheets containing lorem ipsum passages, and more recently with desktop publishing software like aldus pagemaker including versions.
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The difference between style is quality
I think clothing & style is transformative
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I love the fashion world. I love clothes
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Radium Creation Limited is a name that is built on the values of quality, design, innovation and craftsmanship. With a production capacity of over 60 tons of fashion jewellery annually, we implement high-end sophisticated German/Chinese machines for production.
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In 1608, a group of men, women and children left their beloved homes in England for the Holland region of the Netherlands to escape religious persecution. There they found more religious freedom but harder living conditions. They began saving their funds for a journey to escape their troubles and be able to worship God as they would.
After twelve years of living in Holland, the group that later called themselves Pilgrims chartered a passage on two ships out of England – The Mayflower and the Speedwell. Shortly after departing the Speedwell began to take on water and turned back to port. The Mayflower and its group of a little more than 100 Pilgrims continued on.
The Mayflower was a small ship, no longer than the length of a modern volleyball court. It faced terrible storms on the North Atlantic on its journey of 66 days where the ship’s mast would often dip into the cold waves as they were tossed side to side. The group was required to stay below deck so as to not be thrown overboard. One sailor called the group “psalm-singing pukestockings” as that seemed to be the only two activities the group regularly participated in. Miraculously there was only one death on the journey – that of the name-calling sailor.
The ship’s navigation was off due to the storms and they arrived on the cape in what would later be called Massachusetts instead of the current state of Virginia they had planned for. Stretched before them was miles and miles of sand. This was not the farmland they had hoped for. They searched for several weeks for a suitable place to farm.
With the help of providence and two English-speaking Native Americans, Squanto and Samoset, the Pilgrims were taught how to harvest the bay and the land but the yield was insufficient for the harsh winter. More than half of the Pilgrims died during that first winter which they often called “the starving time.” At one point during the winter, the daily ration of food was five kernels of corn and a few ounces of brackish water. They buried their dead and prayed for mercy.
In the Spring, those that had survived learned from Squanto new ways to plant. Each family was given a plot of land to farm themselves rather than the communal farm of the past. They planted and the harvest grew. Their settlement began to grow and prosper.
At the time of harvest, the group’s leaders sent men to hunt so they could have a great feast to celebrate their blessings of a bountiful harvest and to give thanks for the goodness of God. They prepared wild birds, fish, venison, hoecakes, cornmeal pudding and vegetables. They invited their native friends which brought five freshly killed deer, treats made from blueberries, cherries and apples as well as corn cooked in an earthen pot until it became fluffy and white (popcorn). The feast and celebration lasted several days. Praise and prayers of gratitude were offered.
To go through hardship and extremes to a functioning settlement…to go from five kernels of corn to a spectacular feast, truly they had much to be grateful for. As one wrote, “…although it be not always so plentiful as it was at this time with us, yet by the goodness of God we are so far from want that we are partakers of plenty.”
As we take time to celebrate with friends and family this Thanksgiving may we give thanks before the feast to be numbered among “partakers of plenty.” May we remember five kernels of corn and everything else in our lives will have greater significance and meaning.
Mark Twain once said, “It is never wrong to do the right thing.”
While living in Brazil, I went to the Bank ATM one morning to withdraw some cash for the week. I requested 100 Brazilian Reias and the machine started spitting out the bills. When it stopped I took the cash and found six 20 Real bills instead of five. I checked my balance and only 100 Reais was removed from my account. I was certain I had received 20 Reais more than was withdrawn from my account
I was in a hurry but I had been given something that didn’t belong to me. I pushed the call button on the ATM and an attendant responded. I explained what had happened and she told me that the machine doesn’t make mistakes. I told her that it did and I asked how I should return the money. She repeated that the machine didn’t make mistakes. Despite trying to return the money that didn’t belong to me, she wouldn’t allow me to return it. While I benefitted that day from an ATM error, I am more grateful that I tried to do the right thing.
In Jon M Huntsman’s book “Winners Never Cheat” he told a story of a handshake deal he had entered into. Before the paper contract was written up the market had changed and the value of the company Jon was selling went up substantially. Jon would give up a sizeable amount of money if the handshake deal was honored. The other party offered to split the difference of the increase in value when drafting the agreement. Jon said that his handshake signified his agreement and that is what the lawyers should draft. He gave up $200 million to keep his word. He gave up $200 million to do the right thing.
We have the opportunity every day in big and small things to do the right thing.
If someone were to ask me what the best decision I ever made was, I would be able to quickly answer – my wife. If someone were to ask me what the best business decision I ever made was, I would have to think a little longer.
Every business owner has to make decisions every day. When you are just getting started, the decisions you make may be the difference between making payroll or not. Sooner or later, there will be a decision you make that you will look back on as the one that put you on a path to success.
I have asked the question of small business owners as well as read what some of them have written. While their decision may not be the right decision for your business, examining what they chose may help guide you in the decision of your own. Here are a few decisions that some of these small business owners said was the best business decision they ever made:
Picking a customer focus and using technology to streamline my processes.
This business owner started off serving everyone and with it they were competing against everyone else who did the same work. He decided to start to narrow his focus towards a specific client type. With the focus, they were able to target their marketing and gain new business as well as become and position themselves as expert providers to their clients.
The second part of their answer was to use technology to track and manage various parts of his business. He was able to see progress in projects as well as the costs that were going into them. This allowed him to make better decisions using data and not just opinions or gut.
Letting Go and Delegating
Another business owner said delegating and letting go of some of the tasks that he felt he needed to be the one to do freed up over 30% of his time to focus on other things to grow the business. Starting out on your own, we get in the habit of doing everything ourselves and letting go can be hard but it really does allow you more time to create more value when you let go of things others could do or even do better than you.
Listening to my customers or my market.
A bakery owner had planned to service only special events but their customers wanted something different – they wanted counter service. The demand for counter service was so great that there were lines out the doors. She quickly made the decision to drop her special events catering plan and began to serve her walk-in customers. The demand continued and she has since opened locations across the country. By offering what the market wanted rather than what she had in mind, she has grown her business tremendously.
My best business decision ever – Leaving my well-paid corporate job and going into business on my own helping my customers rather than just my employer.
What has been the best business decision you have ever made?
This blog allows you to experience the raw, gut wrenching drama of human conflict through accounting in each of its three stages: preparing to do battle, the thrill of victory and the agony of defeat.
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“I can say very well,” says Hayo. “The cashews from Mama Cashew’s factory in Tanzania are increasingly reaching Dutch nut fans without a 12,000 kilometres detour. Lidl are packing our cashews in Lidl ’Way to Go!’ Fairtrade packaging. And, of course, this year we launched our very own Johnny Cashew brand. The striking bright yellow bags are for sale at Pieter Pot, Gorillas and Wereldwinkels. You can also eat our cashews at cafes and restaurants and you’re likely to spot us in sustainable Christmas packaging by the end of the year. We don’t sit still! The volumes are good, so we are happy with that, but building a brand takes time.”
Johnny Cashew stands for: sustainable cashews that are peeled locally, thus ensuring lower CO2 emissions, but also a fair price for the cashew farmers in Africa?
“Our cashews travel on average 12,000 kilometers less than most other cashews on the supermarket shelf. The nuts come here directly from Tanzania, saving 57 percent in CO2 emissions. Detour CO2 (omreis CO2 in Dutch) is our new slogan. In addition, we ensure better working conditions for the peelers and less food waste. We put all nuts in the bags, including the broken ones that are usually sold at dump prices. We also work with farmers’ cooperatives who get a better price for the nuts they grow. A win-win for everyone.”
How did the idea of the fair cashew and Johnny Cashew actually come about?
“We have known each other for a long time and all three have a background in the food and agri-business. For example, I grew jatropha nuts in Tanzania and I had a potato and onion farm in Mongolia. One day, the question arose: why are cashew nuts shelled in a different place than where they are grown? From the farmer straight to the supermarket and then the snack board, it must be possible? You could say that Johnny Cashew originated on the proverbial beer mat, sometime in 2020. More than two years later we are in the shops and there is a real cashew peel factory in Tanzania from Mama Cashew. It’s nice, right?”
The cashew nuts still have to be shipped to the Netherlands. For this Johnny Cashew uses the Good Shipping Program, which:
“Replaces fossil fuels with sustainable variants. We will make up for any remaining emissions through a reforestation project in Tanzania by the non-profit FORLIANCE. We are going for as green as possible and are working towards a carbon positive chain.”
The factory wasn’t already there?
“No. As often happens when you focus on something, people come your way who fit an idea. We met Dutch Maria and her Tanzanian husband George who were already thinking about starting a cashew hull factory. They started Mama Cashew based on our purchase . In what used to be an empty hall, there are now 600 FTEs, mostly women, who peel the cashews every day for a living wage and good working conditions such as insurance for the family and a good lunch.”
A great idea, but to realise it, it needs money. Invest International has helped you with start-up financing through the Dutch Good Growth Fund (DGGF)?
“You can have such a good idea and be so enthusiastic, but you won’t get very far without funding. DGGF is then a very nice instrument. Previously, you’d have to knock on the door of a commercial bank for this, they would first want to see figures and know how many cashew bags have already been sold. With the start-up financing, we investigated the idea and feasibility as a starting point to set up the business.”
“The combination of Lidl, Fairtrade, and a good cooperation partner in Tanzania, and the impact that it creates, were enough ‘tick boxes’ for Invest International to help us. And this is exactly what has given us the necessary springboard for success. Especially as it takes a long time between growing, harvesting, peeling and processing cashews. It takes a while before you finally make money. Thanks to DGGF, we can grow and make an impact together.”
Avoiding transport to Asia by peeling the cashews on the spot.
CO2 emissions as a result of the production and direct transport to the Netherlands will be compensated through programs such as Good Shipping and Just Diggit.
The first 100 million tons of cashews have now been transported to the Netherlands without the 12,000 kilometres travel detour.
Johnny Cashew has executed a Life Cycle Analysis on the CO2 footprint and has taken the necessary measures to achieve the set goal: a CO2 neutral cashew chain. Achieving SDG 13.
A living income reference price has been developed for the cashew farmers.
Currently (november 2022), 600 women work at Mama Cashew in Tanzania.
Thanks to Johnny Cashew, 2500 farmers are now fair trade certified, receiving a premium plus a Way to Go premium, an extra sum of money paid by Lidl.
What else can we expect from the Johnnies, what’s next?
“We want to grow the Johnny Cashew brand and production to the next level. We are in talks with other interesting retailers. The yellow bag must spread across the Netherlands and Europe. We are also looking at how we can do business even more sustainably and we have focused all our efforts on a fair cashew chain so that everyone benefits from it. As we say on our site: towards zero CO2, zero waste and zero poverty.”
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Co-hosted by the British Columbia Institute of Technology and BC Construction Association, a thank-you breakfast launches Construction and the Skilled Trades Month in British Columbia. Let that friend or family member working in the trades know that their skills are appreciated!
sponsored
Mar. 25, 2019 6:00 a.m.
Wherever you live in BC, chances are good that someone you know works in our province’s vibrant and booming construction industry.
From the 180,000 tradespeople at its core to the labourers, architects, engineers, estimators, site supers and foremen, union business managers, trainers, safety officers, manufacturers and suppliers, to the owners and back-office teams that make it all tick, construction is the heart of BC’s economy.
More than 250,000 people rely directly on this industry for a paycheque. They build and maintain the structures in which we all live, work, and play. That’s 10 per cent of the workforce: more than any other sector and bigger than forestry, mining, agriculture and fishing combined.
Not that it’s a contest. But here’s something to think about: for all that construction contributes to our daily lives, it doesn’t get much appreciation.
Too often, entering the trades is positioned as a “consolation prize” for students who decide not to go to university but don’t know what they want to do. Too often, we value education over skill. Too often, our best and brightest are discouraged from pursuing a trade. On average it takes an apprentice seven years between graduating high school and entering the trades: too often, that seven years is spent trying to fit into a cultural expectation instead of following an instinctive call to build.
Construction Month recognizes people working in the trades
This month, partners including BC Construction Association, LNG Canada, BCIT, WorkSafe BC, Coastal GasLink, and the BCCA Employee Benefits Trust have stepped up to show their appreciation for the talented men and women of our industry. To make sure that this hard-working group of people gets a moment in the spotlight.
Whether it’s over pancakes at a contractor’s breakfast or by giving a well-deserved award to a colleague who is showing leadership or in a hundred other ways, industry will be taking a moment to recognize itself.
This is your chance too. In honour of Construction Month let that friend or family member know that their skills are appreciated. Grab a coffee for that hard hat in line with you at Starbucks. Give a thumb’s up to a fluorescent flagger caring for safety as you pass a construction site. Next time you’re watching cat videos online, give a shout out on social media using #builtright and #constructiongives.
If you know someone looking for a rewarding career path, send them to the Skilled Trades Employment Program (STEP) for a consultation. This is a no-cost service managed by the BCCA.
Need more inspiration? Look at the building you’re in right now. Think about what it would look like if you had to build it yourself. And be glad you have experts to rely on.
Did you know: More than 250,000 people in BC rely directly on the construction industry for a paycheque – that’s 10 per cent of the provincial workforce!
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With the lasting impact of the pandemic, wars waging left and right, and divided politics creating rifts across the country, we are expected to experience a recession anytime soon. In this unpredictable down market, the first thing you need to do is protect your investments. Lauren Wells and Chris Seveney share their insights about facing an impending recession and how to keep your finances secure in an unpredictable economic environment. They discuss how today’s crisis compares to the 2007-2008 crash, the importance of securitized assets, what COVID value means, and how to navigate fluctuating housing prices.
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Watch the episode here
How To Protect Your Investments During A Down Market
In this episode, we are going to talk about protecting your investment in a down market. Specifically starting with how this recession that we’re heading into or in will compare to 2007 or 2008. What is Seveney doing to take advantage of the current economic environment and climate? What are we hearing from the industry? What am I hearing from investors? Now that I’ve spoken a bunch, Chris, how are you?
I’m doing well.
To start this episode, let’s talk about the two things we could kick it off with. Let’s start with the biggest thing I’m being asked. We’re hearing from both the industry and I’m hearing a lot on my calls that many people are forecasting or anticipating a decline in housing prices and evaluations, which it’s impossible to predict. None of us have this crystal ball. What are we seeing? What are we expecting? How are we addressing it at Seveney when it comes to the assets that we’re investing in?
A few things when people ask me that question come to mind and a lot of people will gravitate towards 2007 and 2008, which is the most recent downturn. I was also part of the 2000 and 2001 timeframe where I was several years out of college but what was similar with that is that was a tech bubble that popped. You’re starting to see that occur. On the tech side of things, there are a lot of layoffs. Interest rates were higher back then. Also, there were differences in loan originations, which we’re seeing a lot of that drive.
The difference in 2022 versus 2007 is we did have that ramp-up in home prices as well as we did with COVID. We don’t have that crystal ball but we all should be wise enough to realize housing can’t sustain the current growth that it’s at. There’s probably going to be some softening in the housing market. One of the interesting things being an engineer and analytics guy, I go back and look at the downturns. You do some research too. Back in 2007 and 2008, do you recall what the overall price depreciation was during that time?
Yes. We’ve been talking about this. We’re always tracking the market in relation to where it’s been in the past. The funny part is when we talked about this, I’m talking about how when I speak with investors. Before I looked into the actual number, I was like, “Yes.” If housing prices were to drop 30%, 40% or 50%, which is what I feel like when I speak with investors, what they’re thinking is, “It’s going to hit the fan.”
That’s what we’re going to see. Housing prices are going to slash by 50% but when you look back at 2007 and 2008, the max was 15%. Is that what we saw when we were looking at this? It puts that into perspective. It seems like everything was so drastic and it was. It did impact a lot of people. Don’t get me wrong but a very big difference when thinking a house that’s valued at $500,000 is going to drop to $250,000.
The other component was it wasn’t overnight. It was a very slow progression. That’s one of the interesting things about housing pricing. We’ll talk about what we do with notes. One thing, I’ll throw a little snippet out. We typically will hold a note for around two years. The last 2007 and 2008 lasted until 2011 and 2012, which was a four-year turn.
People thought it was a lot sharper because, in certain markets, they did get hit harder. That was overall. Also, the massive amount of job layoffs that were going on during that time. In 2022, the job market is still very strong. Certain sectors are going through some challenges. That’s an interesting thing. A lot of people are predicting 30% or 40%. How do you protect against that? To protect against anything like that is challenging.
For us, if we started the foundation, we’re always looking to protect investor equity. That is rule number one. I don’t care what you’re investing in. The sponsor should always be focused on protecting that investor’s equity. In mortgage notes, one of the benefits is you’re backed by real estate. It is a secured asset. That is what we invest in compared to other assets. Anyone that turns on the TV and looks at the term FTX will know what that means.
Down Market: One of the benefits of mortgage notes is being backed by real estate because it is a secured asset.
One of the interesting things too was in 2001. I’ll hop back a little bit. I was out of college. I had $5,000. I’m like, “I’m going to invest in WorldCom.” WorldCom, you probably don’t even know who they are. They were Comcast or files where they bought in all the AT&T and the bell companies. They were the next telecommunications company. They went belly up.
My $5,000 investment turned into nothing overnight. Ever since that happened to me, I’m like, “Okay real estate,” or a majority of it because I can physically see real estate. I can hold it proverbially like we own the note but it’s secured by something. One of the first points I’d like to make is during a downturn, investing in something that has some asset behind it is something I’d recommend.
This came up in an email that I received about what if values drop. We’re not buying the actual property. We are buying the note behind it and attached to it. We’re buying that at a discount. I’m sure, Chris, you want to walk through an example of how that works. We’re not only looking at buying a property that has equity in it or buying notes that have a loan balance where there’s equity in the property but we’re also getting a discount on top of that.
We try to stay around 75% loan-to-value when we’re looking at what we purchase. Also, taking again that discount off of that. Even if the housing price values were to drop, we’re pretty buffered in and insulated from that. Nothing is guaranteed as we will say numerous times but I feel like something to take into account. We’re not buying an actual single-family home for 70% and if it drops a little bit, we’re like, “We’re close.” We’re buying the loan behind it and at a discount.
I like to use the term investment to value. I’ll give you two situations of what would you rather be in. Would you rather originate a brand-new loan to somebody that is purchasing a $150,000 home at 20% down? You’re giving them $120,000 at 7% and collecting roughly, let’s say $800 a month. That’s option one, which is somebody going out and getting a mortgage. Would you rather buy a loan from somebody that originated in 2016 with those same terms? The loan balance might be $115, $110, $1,000 and $15,000 but also you’re buying it at $75,000.
Let’s say the property’s worth $150,000 in both situations. Your investment to value is 50%. Our investment is 75%. Take it another step. I’ll mention numbers. If we hold it for 2 years, 8% to investors is $6,000. It’s $12,000 over the 2 years we hold it. $87,000 is what we’d have to exit that asset at to get the investors their money on a $150,000 investment. That still is 58%. There’s over 40% coverage on that. Going back to my other situation where if you’re either private lending because a lot of people do private lending, all of a sudden, you do get that 15% drop. Your risk profile is very different now than it is on that loan compared to buying something that had some seasoning even if it is non-performing.
That brings up another point when I’m speaking with people or listening to what people in the market are saying. We have to remember that we’re more focused on our portfolio and assets that originated pre-COVID. During COVID, we saw tremendous values skyrocket. If you were to take that away, we’re not buying notes that originated during COVID.
The ones we’re looking at could have originated in 2010 or 2011. Even if you were to take away the COVID value, I call it, you still have equity. We’re not worried about this value that we’ve seen over the past years going away because most of the notes that we’re acquiring originated long before COVID came around.
Another component of that is if housing pricing does start to fall. Listening to the Fed, one of the comments made is they’d rather break things because they have the tools to fix them than be able to fix something that’s not broken. Unemployment will probably rise so they do want to cut some of the jobs as well as soften housing. Typically, we’re at all-time lows on distressed debt.
If distress debt goes up, it’s a supply-demand business. That loan that we are paying $75,000 for might go down to $60,000. The pricing will also vary based on market conditions and more inventory. Our prices soften. Buying it at a discount gives us more flexibility in most situations. When we go to work out something with the borrower because we have a lower cost basis, it gives us a little bit more flexibility to still work the numbers to get the return that we target.
A perfect example that I’ll illustrate again is if there’s a $120,000 loan. I was paying $1,000 a month. We bought it at $75,000 but then turned around and bought it at $60,000. We’d get the same yield having the borrower modify the loan at $800 a month versus $1,000 a month. It gives us an extra $200 a month. That’s for us to negotiate but it does give us that added flexibility. If inventory goes up, our pricing also goes down like in the housing market. These things soften. There’s more inventory on the market and you can get better deals.
You stole my thunder there. It mirrors the market when values go up, costs to acquiring competition get harder, values come down and our acquisition prices get less and there’s more inventory. To that point, because we’re seeing all this inventory come across our desk. One thing that Seveney does when we’re evaluating assets is factor in pricing decline into our acquisition and bids.
Looking ahead, if there is a decline in value, we’re taking that into account upon our initial bid on that asset. There’s no, “This is our hardened set rule. This is our criteria. We stick to it.” We are constantly evolving our bid prices in relation to what we’re seeing on the market and what’s happening in the market with value. That is something that we’re taking into account and bringing to our bids.
It’s very dynamic. We’re very fluid with it because if I’m looking at a property in my area of Washington DC, pricing is very different than it is in Phoenix. Phoenix is undergoing a rapid increase of properties on the market. There are a lot of eye buyers in that market so pricing has started to shoot down in Phoenix. If there’s an asset in Phoenix compared to Washington DC, we would look at that very differently on where we anticipate the pricing to be in 24 months. We call it price damage. We are including some price appreciation or decline over the next years within our analytics.
You summed up what I was going to say. You touched upon this in a little bit but talk about how this is different from the 2007 and 2008 recessions, from what caused it to how it will impact real estate specifically.
In 2007 and 2008, there were a lot of discussions. There’s never just one factor that causes any type of recession of that size. Back then, there were a lot of bad loans and fraud going on in the mortgage space which led to people being qualified for loans that shouldn’t have. I remember I was looking at a beautiful house in 2006.
They were running numbers. It was an interest-only loan. Our payment would’ve started at $3,000 a month but then would’ve jumped to $5,500 a month. I’m sitting here and they qualified us for a loan. I’m like, “My take-home pay at the time wasn’t $5,500 a month. How can I afford this?” “Don’t worry. You’ll be able to afford it. You can refinance after a year.” It’s what they tell you. I’m sitting there like, “I can’t afford this $600,000 mortgage or whatever it was.”
Unfortunately, I understood that and a lot of people didn’t. They were taking those words. That was more broad-based on real estate. Every downturn has its issues or causes. We’ve got wars overseas, supply chain issues and COVID but things are different because you also have to work from home, which is much different than it was years ago. People are being more flexible about where they can live. That’s changing the dynamics of things. You’ve got the CFPB. Since they got implemented, it’s a lot tighter on restrictions.
Part of it is you can compare things to learn from them but at the end of the day, my focus is on what’s going on now, what are we forecasting or looking to see and how are we structuring our business to be able to be profitable and take advantage of some of the things that we see coming down the path in front of us.
For me, when I look at that, it was like bad lending practices induced. People were not qualified to be owning the homes they owned, which led to 2007 and 2008. The CFPB came in and made much. For people who don’t know that is the Consumer Financial Protection Bureau. It plays a lot more regulations and restrictions around who could invest in notes, who could be lending, what it means to be a lender and certain guidelines and restrictions. That’s why we have licensed services in every state that we work with to make sure that our investor’s equity is protected and we’re following everything to a T.
Down Market: The Consumer Financial Protection Bureau placed more regulations and restrictions on who can invest in notes and who can lend. That’s why there are licensed services in every state.
In 2022 though, it’s not that the loans or the notes that we’re acquiring are necessarily people who couldn’t afford them. It was more of a situational change for them, whether that was health, divorce or job issue. At some point, they were qualified to afford the home. It’s more about what changed in their situation and how can Seveney step in. We do have such a price discount on what we’re acquiring a loan for. How can we work with them? How can we get this loan reperforming?
One thing I wanted to touch on is, “We hold notes for anywhere from 18 to 24 months.” That’s not saying that’s how long it takes to get this borrower back on track. I wanted to clarify that. Typically, it does not take nearly that long. The goal is to get it to perform and season the loan to be able to then sell it as a performing loan.
That was a good point about the 18 to 24 months. There’s one thing that I know you get asked a lot and I get asked a lot as well. Both of us also are investors in different things, real estate, whatever the case may be. What are some of the things people are doing? That’s another question besides there’s a Seveney fund. We’re not giving “financial advice.” We’re talking about some of the things that we may be doing with our portfolio based on some of the things that we see. We are very tight-knit in the mortgage market and housing. I live and breathe everything between that in reading SCC offerings and other things that I like to do that you realize. What are some of the things that you look for?
You and I are going to have very different answers to this. Similar answers along with what we look for.
I’m a lot older. You just don’t want to say that.
I didn’t want to say it but I’ll say it. It’s good. Essentially, number one, looking at investing in things that are secured, where you have secured assets that are not over-leverage. That’s specific to real estate funds or any syndication that are not over-leveraged secured assets, top two things. As a whole, it’s the conversations I’m having with a lot of people who come from that tech-heavily invested in the stock.
They’re looking and trying to get out of that and realizing that they do want to get into something more secure and not necessarily at the whim of up and down and taking a hit hard. A lot of people are my peers and contemporaries. I come from the Silicon Valley tech startup world. That is my background before real estate. They’re all looking to diversify and get into more real estate-backed or secured assets as far as investments go.
A few things that I’m looking for and things I’m not looking to invest in. I’ll share both. I’ve got some real estate rentals in my portfolio, which is keeping those. They’re cashflowing and doing well. Notes, we love it as well. I’ve never gotten into crypto and I don’t intend on it at this point. It’s something that to me isn’t tangible. A few things that I’ve invested in the past I’m taking a harder look at. One is multifamily syndication.
To clarify, taking a harder look at it as in being more cautious?
More cautious about my personal investment, my wife and me. I’m being cautious because I spent many years working in that space. The deals are pretty much coming to a halt because interest rates are above cap rates. Previously, if an interest rate was at 3% or 4% and your cap rate is at 5%, you’d leverage it and it would enhance your returns. When your interest rate is above the cap rates, it hinders your returns.
The other thing with multifamily that has me slightly concerned is a lot of those exit strategies are based on a five-year refinance. You want to look at where those refinances could be. You and I have had this discussion and I’ll let you give your opinion on where you think interest rates will be but some people think, “In six months, interest rates will be back down to 3%.”
I would love that but the reality is I don’t think that’s happening. I’ll let you voice your opinion. It goes back to rental rates. Rent continues to go up but eventually, there’s that breaking point where it gets too unaffordable. When you look at inflation, it is still roaring at 7.5%. I heard a great analogy of, “Great, it went down but you’re still going 150 miles on the highway when it’s 65. It went from 180 to 150 but you’re still speeding.”
You got to remember that a good component of that is wages. To bring that down, if wages come down there are already 24 million people that can’t afford that same house months ago. There’s a lot to digest with that but it’s one of those things where I’m looking on the multifamily side. It’s 1 asset versus a fund with 20 of them. It’s something that’s looking to be acquired now. Make sure you understand the fundamentals and the numbers behind them. The ones that I’ve seen are a little too aggressive on some of the exit rates.
I’d say something else when you’re looking at investment strategy during a downturn. It is much more research. We’ve done 3 or 4 episodes on this on the strategy, previous funds and current investments. If you are reading this for the first time and haven’t read our show, we highly recommend checking it out. We’ve gone through questions you should be ready to ask your sponsor. Chris has answered all those questions and then the top questions I get asked when speaking with current or potential investors on the phone. Feel free to check out those episodes. We talk all about that.
To echo all the things you said, you talk about interest rates. I see people investing with ARM loans and thinking, “I’ll refinance 6 six months, 1 year or 2 years.” It gives me a little bit of anxiety. Six years is the average it takes. I don’t have a crystal ball. I can’t predict what’s going to happen in the future. We are in this great market for so long so I feel like it’s going to take probably 5 to 10 years to come back down. It’s only based on experience and what I’ve seen the market do before.
The market has been going strong for a while now. It would probably take five to ten years before coming back down. Click To Tweet
It’s interesting because it’s like a story with time and price. It’s like fishing. Every year, that fish you caught got 6 inches bigger. Housing is the same thing. Everyone’s like, “My house lost 50%.” It probably didn’t back then. Also, people are like, “Inflation went from here down to here in two years.” You go back and look at the figures again. It was 70% to 80% or something like that where it went from 7 double digits to getting back below 3%. Even when it got up to 5% in 1992, it still took 4 years to get below 3%. If they want to target 2%, that’s a whole other animal.
They have the means to get there. It’ll be interesting because they had quality leasing decades ago. In 2022, they’re doing the QT. It’s the first time it’s ever been done. A lot is going into the mix with the markets and so forth. At the end of the day, it’s so unpredictable because we’re in a global economy. There’s so much that can be impacted based globally as well as internally within what the federal government can and can’t do.
One thing also to consider is coming back to that strategy. We’re not giving financial advice. It’s that disclaimer out there. I’m not a financial advisor but we realized that the returns of the past decades have been astronomical. Especially the last few years when it came to real estate specifically. You could essentially put your money in any real estate investment start of 2020.
Down Market: The returns of the past decade have been astronomical, especially in real estate. But that will differ from 2021 onwards, and you must adjust your expectations.
All stock essentially.
You could set your money on something. At the start of 2020 and the end of 2021, you’re like, “I am a genius. I have made the best investments.” Not necessarily the case. We’re going to see a lot of people realize that but adjust your expectations. I speak with investors. Some of them I get on the phone with and they say they’re looking for a 15% or 20% return. I have others who say, “How can you offer 8%?” It’s also knowing realistically what you can expect in this market for the assets you’re investing in if you’re not taking that on yourself. If you’re doing this yourself, it’s very different.
One of the things we pride ourselves on is understanding risk and being able to measure it. When people talk about, “This person’s offering 20%,” or whatever people throw out there, you have to understand there’s always some risk associated with that return that parallels that. As I’ve spoken a million times to this as a note investor and real estate investor, we look to target, I’m going to use the baseball analogy, singles and doubles.
If you’re in football, we run 7 to 12-yard out patterns. Once in a while, do we go for a home run? Sometimes we get them but rarely do we ever strike out because that’s not what we look for. I know some people especially back in the day were buying second mortgages that were 100% underwater. What that meant is the house was worth $500,000. The first mortgage was $600 and was sold for $100,000. They would buy 100 of them. They pay $0.5 for them hoping that one person would cut them a check.
Some of them would get that one person that would cut them the check that paid for all those other loans and everything else but it’s almost like buying a scratch ticket. It is what that was. To me, I view that more as gambling. As a note investor, we like to look at the strategy. We used some game theory involved with trying to understand the borrower. That’s where we talk about that 3D picture, which you can talk about a little more. One thing that we strive ourself and pride ourselves on is understanding the risk that’s involved in the type of investments that we’re looking at.
Be very realistic. I always say under promise, over deliver. People mention this before, “I was on BiggerPockets researching Chris. I was googling Chris and who Chris is. It seems like he has.” People have nothing but great things to say. Part of that is we are very transparent and realistic about what is possible and are always underpromising and overdelivering on our communication, returns and the investor experience overall. Not to toot our own horn but it’s something you do a good job of.
Thank you.
The purpose of this episode was to talk about the market and all the things we’re hearing. A lot of it is around values dropping because that mostly correlates to what we do. There was that concern. Hopefully, we’ve addressed that.
It goes back to weathering the storm that a lot of people are seeing, buckling down the hatches and focusing on the business. One thing that is also about us is we’re also very strategic. We’re not trying to dip our toes in many different things or shifting businesses. A lot of people sometimes will get into the game of chase and start chasing things or chasing returns. That’s not something that we do with our business. We are very focused on what we target when we look at our buy box. Is it adjusting? It is. Adjust things but we’ll pivot on some items.
We’re not going to go and start buying seconds is essentially what you’re saying. We’re not going to try to reinvent.
All of a sudden, credit card debt is at $1 trillion and you can go buy credit card debt. There are loans in Greece. I see people chasing loans in Greece. Car loans, I see people chasing that. I see people wanting to get into short-term rentals because that’s the next biggest component. We’re very strategic in regard to our business plan, which we had to be anyways with the offering that we had to submit. What are your final thoughts, Lauren?
My final thought would be to whom you’re investing. Someone I was speaking with said this. Maybe it sounds cheesy but I agree with him. Whom you invest with is as important as the asset you’re investing in. The people, their experience and your experience working with them. I’d say getting to know the team behind the assets you’re investing in is important. That would be one piece of advice I have. Making sure that you are investing in securitized assets.
The people you invest with are as important as the asset you're investing in. Click To Tweet
Specifically, I would not be putting in a ton of money if we’re looking at portfolios as a whole. I would not necessarily be moving too much of my money out of the stock market. Granted, I have a little bit more time than you, Chris. I wouldn’t be looking at short-term rentals or fix and flips. I would be looking at what is going to be like a stable bread and butter income, generating investment over the next several years. Those are my final thoughts.
I’ll add a few things. This is my personal opinion looking back. I’m not trying to chase returns in 2022 or things with very high returns because those are going to pose a much higher risk, especially if credit starts tightening, something securitized or a lot of cash, companies with cash and provide a service or have cashflow. It is very important as well to look at the underlying company in itself because a lot of companies over the last several years have also been propped up by VC firms as an example. Can they survive on their own? What’s that management look like?
Are these companies taking additional leverage outside? That’s important too. If you’re comfortable with it, that’s fine. I would not be.
That’s one thing. We’re running a little late that we didn’t touch upon it but we should. With our fund, when people talk, “Do you leverage,” we are the bank so we don’t secure or obtain additional leverage with our funds.
Can you explain an example for people who might not understand what that means?
We’ll go back to traditional real estate. I’m going to use banks for example. No representation of these banks but let’s say you’re buying a $500,000 property with 20% down. You’re putting $100,000 down. You’re getting a $400,000 mortgage from Wells Fargo. You owe Wells Fargo $400,000. It goes back to if pricing does come down, you’re at the mercy of the bank, essentially if you can’t make payments or you borrowed that money. You still owe that money out there. That’s traditional in real estate. We are Wells Fargo. We don’t have loans from Wells Fargo, PNC, TD or pick a bank. We have our shareholders that are the investment.
If something does tighten or we do take a property back, it’s not like, “We have to liquidate this because we have a bank calling us.” We can hold it and turn it into a rental. We could turn around and sell that property. We could turn around and sell it with seller financing. We could sell the note. Many different components allow us to not have the leverage be able to be much more flexible. You can say that in five words.
I asked you on purpose because someone sent me a private message about that. I wanted to make sure that concept was broken down a little bit but that’s a whole other. We have a whole other episode about debt and leverage. Go back and read that episode if you want to learn more about that. Do you have any other final thoughts?
With real estate, most people get themselves in trouble because they’re over-leveraged. That’s where you see most investors get themselves in trouble because they’ve over-leveraged and they can’t afford the payments or values decrease. They’re chasing their dollar and it runs out. That’s something I want to mention about leverage as well.
If anyone is interested in learning more about our offering, I’d be happy to get on a call with you. Feel free to email me directly at Invest@7EInvestments.com or give me a call. We can talk about our offering, which offers 8% annually, paid in monthly dividends and is open to accredited and non-accredited investors. The minimum investment is $500 with bonus shares starting at $25,000.
If you’re interested, want to connect about the offering, notes specifically or anything of that, feel free to reach out to me directly. With that being said, thank you so much for joining us on this episode. If you enjoyed the show, please share it with a friend, subscribe or leave us a review. Until the next episode. Thanks, folks.
Thank you.
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The use of simulation for product development in a virtual test environment is becoming increasingly common.
Punch Powertrain applies a range of simulation tools that can complement traditional physical testing methods. This is evident in testing new transmissions.
The company points out that testing transmissions can be a complicated undertaking. Transmissions must align with all other components in a car, while some parts are still in development and not available for testing. This is where hybrid test beds come in.
Punch Powertrain tests its transmissions in a part-physical, part-virtual setup, where software simulates certain components. It boasts state-of-the-art technology that allows for quick rotation and flexibility.
One area where this proves useful is in acoustic testing. Engineers test the shift noise of a transmission. It’s something they can start doing even if they don’t have key components, like the engine, yet. Virtual engine simulation also offers the advantage that there is less noise from a combustion engine, which allows a better evaluation of transmission noise.
Punch Powertrain can simulate a range of conditions using its software. “For example, we can give the car more slope or load, and we can play with the speed and the forces,” explains Ilyas Barrou, developer of the test bench software. “It’s like having a real car on the test bench.”
The simulation is not just limited to the engine. “Before you can test a drivetrain, you also need to simulate components like ABS,” says test bench engineer Pepijn Peeters. “We also simulate the load on the wheels, so the transmission experiences similar conditions to a real vehicle. We even go so far that if you suddenly accelerate, the dyno will simulate the car’s thrust, which has a small effect on the drivetrain.
Punch Powertrain argues that its testing capability is quite unique. “For example, there are only 12 NDTS acoustic test rigs like ours in the world, and most of them are in China,” says Peeters.
Security and speed
Why is this combination of virtual and physical testing so useful? Punch says it’s much faster because engineers don’t have to wait for components that are still in development. But hybrid testing isn’t just about speed. “You also don’t have fuel lines hanging around, which makes it safer,” says Peeters. “Virtual testing is more accurate than using older, non-representative models of certain components. And we can switch easily, allowing us for example to test a transmission with different engine types.
“To validate a transmission, we have to do many tests,” adds Barrou. “Now we can do it partly using software. We can see how the transmission behaves on the highway or around town. Anything you can do in a real car, we can simulate on our test bench.
One of Punch Powertrain’s next technical challenges is to simulate a hybrid car, which is more difficult compared to a car with just an internal combustion engine. “A hybrid drivetrain adds another layer of complexity,” says Peeters. “It’s not just the engine with the ICU and the transmission with a TCU, you also have the electric machine with an MCU and a battery, with an associated management system. On top of that there’s a unit powertrain control unit, or PCU, so there are a lot more components that need to be simulated.
Designing a hybrid testbed that could handle this was complicated. It is described by Punch as an important step on the way to preparing the company for the future. “Testing hybrid drivetrains is the most complicated test you can do,” says Peeters. “An electric vehicle, on the other hand, is simpler. So if you know how to simulate a hybrid, you’re ready for electric vehicles. »
The purpose of all these tests is to better serve Punch Powertrain customers. “This gives a development project the maximum degree of flexibility,” adds Peeters. “We are ready for the future with our new test benches. If you compare our business to five years ago, we are making tremendous progress.
Punch Powertrain applies a wide range of simulation tools and methods, which can support engineers in the design phase and help validate the performance of their design, at different levels of complexity and integration, including at the vehicle.
Performing simulations and virtual tests on complete components and products allows Punch Powertrain to verify the performance of its products early in the process without any physical production. For this, the company uses commercial software, supplemented by tools, scripts and processes developed in-house. These make it possible to model the complete transmission, all the mechanical and electronic parts, as well as the control side as close as possible to reality. “The programs allow us to look at a wide range of very detailed aspects of a product,” says Hervé Bratec, Simulation Plant Manager at Punch Powertrain. “On all possible parameters: performance, handling, durability, etc. We can predict fuel consumption, acoustic performance, vibration, resistance and wear, etc., both at the component and transmission level. ”
Reduced test cycle cost by 50%
Compared to physical testing, the digital test environment offers various advantages. Bratec summarizes the difference in approach: “Physical testing typically provides a pass or fail result. To understand why the pass or fail occurred or how successful a fail was, a thorough analysis and time is required. With a virtual test, using simulations, this information is available much more easily, depending on the predefined level of accuracy.”
A second major benefit is cost, as it eliminates the cost of physical preparations, as well as the production of physical parts and systems in-house or by external parties. Therefore, virtual simulations lead to a reduction in the cost of the estimated test cycle by more than 50%. “In addition, the accelerated validation process further benefits our ecosystem partners, such as component suppliers, allowing them to participate in the development process and begin their tooling build preparations at an earlier stage.” , says Bratec. “All taken together, digital testing enables us to shorten time to market and accelerate product launches.”
Punch maintains that the customer benefits are clear as it can quickly test the interaction between an engine and a gearbox before physical engines and vehicles are available.
Bratec points out that the complete engine block can be simulated using its main characteristics, given by the OEM customer. “The car itself is factored into the equation by entering its parameters, such as its weight and tire dimensions. This makes it possible to calculate, for example, the share of the transmission in the fuel consumption. By changing the specs, we can check how our transmission performs on different types of cars, like an SUV, sedan, or sports car,” he says.
“As part of virtual transmission assembly, it can be pre-calibrated virtually: which involves fine-tuning the transmission control for a specific vehicle. This will allow us to understand how the transmission reacts with the same engine in different vehicles.
In the future, artificial intelligence will greatly support pre-calibration, says Bratec. “AI can help by taking already known data into account and using it for new car models.
“Pre-calibration with AI could reduce the traditional calibration period from months to just a few weeks, speeding up the whole process.”
Physical and digital and “the best of both worlds”
While offering many benefits, virtual testing is not a complete replacement for physical testing, Bratec points out. “The two are complementary. Virtual physical support to select the most appropriate physical tests and this reduces unnecessary time and effort spent. The physical supports the virtual making it more efficient and delivering better results. Their combination gives us the best of both worlds.
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Last three years have been exceptional in many ways and burn care community has suffered from competition on burn intensive places with covid patients and lack of manpower due to the disease. Many projects have stalled but some good things also happened. In a very short time we received well-functioning and easy to use on-line meeting platforms and affordable webinars. They have helped us to learn in a simple and practical way, but at the same time it has also become clear that personal contacts and networking are bases to develop our demanding specialty.
The recent 19th EBA congress in Torino, after three years’ pause showed the importance of meeting also face to face and the next EBA congress is already waiting around the corner, next year in Nantes, France and hosted by Franck Duteille.
Clemens Schiestl has been president of the EBA an extended period of three years since the Helsinki congress in 2019. He, and the executive committee as well as the other committees, have worked hard to develop burn care in many on-line meetings and finally face to face in Torino. I had the honour of being elected president there, this time for a shortened period of one year. We go back to the original schedule of activity next year in Nantes.
The general assembly in Torino voted four new members and now the Executive Committee has representation from United Kingdom, the Netherlands, Spain, Norway, Switzerland, Germany, France, Italy and Finland, a real international selection of professionals.
The Ukrainian war affected also the EBA. There was a well started plan to support the Russian burn centres to join the EBA activity by having an own session in Torino, but because of the situation this failed, to our and also to the Russian colleagues´ regret.
Another successful effort was to provide material support to Ukrainian burn centres, organized by Clemens Schiestl via Czech Red Cross.
EBA will soon start exchange programmes that make it possible for PAM members and doctors to have short visit to other burn centres in Europe. This, I think, is the best way to learn and to show how things are done around Europe, maybe even in a better way than we are used to do at home. I hope the centres will respond to the inquiries, where EBA asks their participation in these programmes.
There are interesting upcoming webinars and educational courses, see the EBA website. I recommend also to participate in the EMSB (Emergency Management of Severe Burn) courses, a hands-on one day course of the first 24h of burn care. This excellent concept is now spreading to new countries like Italy and Germany.
Burn centre verification is an important tool to standardize burn care and support the burn units to receive necessary means to maintain high standard activity. Last successful verification was just performed in Coimbra, Portugal. Verification of burn centres guarantees also that patients sent to those units in Mass Casualty Burn Incident situation will receive appropriate and high standard care. EMSB courses give important skills to treat the victims. in disaster settings
Last but not least, we have the European Burn Journal, EBJ , editor in-chief being the former EBA president Naiem Moiemen. The purpose is to get it indexed as soon as possible, please visit the net site and send manuscripts!
I wish that the turmoil in Europe will settle down. The recent events underline the importance to be well prepared for unexpected developments.
I wish you all a peaceful end of the year,
EBA President
The Netherlands
The EBA serves as a forum through which medical specialists, researchers, professions allied to medicine (PAM) and other workers come in contact to discuss aspects of burn treatment and research.
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Greetings in the majestic name of our Lord Jesus, for He is good and His mercy endures forever! God’s goodness and the mercy He shows us is an amazing gift. I often write about the perilous times we face, and you know all too well this is true. With terrorism continuing to escalate, the lack of respect for life, pestilences, wars (as well as hot spots that could erupt into war in an instant), I can see where some could mistake our current time as the end-time Tribulation of which Scripture speaks.
Jesus foretold of these events, so when they are upon us, we do not have to be troubled or surprised. Instead of being consumed by fear of the unknown, we can stand in faith knowing that our faith is the victory that overcomes the world. The term “world” can mean “the earth,” or it can mean “your world.”
“I have told you these things, so that in Me you may have [perfect] peace and confidence. In the world you have tribulation and trials and distress and frustration; but be of good cheer [take courage; be confident, certain, undaunted]! For I have overcome the world. [I have deprived it of power to harm you and have conquered it for you.] “ —John 16:33, AMP
For whatsoever is born of God overcometh the world: and this is the victory that overcometh the world, even our faith. —I John 5:4
Jesus told us there would be tribulations in our life. The word “tribulation” is thlipsis in the Greek, which means “pressure, affliction, anguish, burdens, persecution, and trouble.” We all deal with tribulations on various levels almost every day. Some are easy to take care of, while others are not. These things can be brought on by ourselves, someone else, an evil spirit, or just for the fact we live in a fallen world on an earth that is cursed.
For example, we can bring tribulation on ourselves by driving too fast and having to pay a fine for speeding, by spending too much money and going into debt, or being fired from a job for not showing up on time. Or, it could be a more serious infraction, such as being found guilty of a DUI, stealing or assault. As I am certain you are aware, our actions have consequences.
Tribulation and anguish, upon every soul of man that doeth evil, of the Jew first, and also of the Gentile; but glory, honour, and peace, to every man that worketh good, to the Jew first, and also to the Gentile: For there is no respect of persons with God. —Romans 2:9-11
You can have either “tribulation” or “peace” because of your actions. God told Israel (paraphrasing), “Look here; there is life and death in this world. You have a choice to make—life brings blessings and death brings cursing. Choose life! (Deut. 30:19). If you don’t, you will receive death by default. God does not pick and choose for us, we do! He is the One who blesses as long as you choose life.
What about sicknesses and pestilences such as cancer? These are tribulations. We may not have done a thing wrong and be a mature Christian, but still get faced with a battle. There is a Scripture many use to point the finger at people when they face tribulations. Some may even look at themselves and ask, “Why?”
As the bird by wandering, as the swallow by flying, so the curse causeless shall not come. —Proverbs 26:2
This Scripture states that the curse comes because of something else that has happened or has been done; it does not come without cause or for no reason. Job had friends that came when he was sick and faced much tribulation. They accused him of doing things that displeased God. In Job’s case, we know it was Satan who caused the tribulation. In actuality, it is Satan who causes ALL tribulation, whether directly or indirectly.
Then to Adam He said, “Because you have heeded the voice of your wife, and have eaten from the tree of which I commanded you, saying, ‘You shall not eat of it’: “Cursed is the ground for your sake; in toil you shall eat of it all the days of your life. —Genesis 3:17
Eve was deceived by Satan’s lie, which resulted in Adam knowingly eating from the tree God commanded him not to eat. A direct consequence of Adam’s disobedience caused the earth to become cursed. (Please note that God did not say that “He” cursed the earth.) That’s why pestilence seemingly pops up without cause. The cause in these cases can be as simple as the ground upon which we live is cursed.
Everything we eat gets something from the earth; therefore, the curse sometimes manifests in our bodies.
So, there is much tribulation in these End Times, but as for those who “worketh good,” there is peace. Some people get up tight when you talk about “works,” but the Scripture says that we are created for good works (Eph. 2:10). Look at the promise of God in Romans 2:10 that we just read. Notice the word, “peace,” which means tranquility, the absence of fear, and content. This is why the Bible is made up of so much prophecy and promises—so we know what will happen and not be troubled!
There are many things that we may not understand, such as why a great faith person dies from sickness. Ultimately (and I know this is a blanket Scripture, but that doesn’t make it any less true), God’s people are destroyed because of a lack of knowledge:
My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee, that thou shalt be no priest to me: seeing thou hast forgotten the law of thy God, I will also forget thy children.
Destruction comes because we either lack knowledge of or have rejected the knowledge of God’s Word—this is why we perish! Some may not know the Word concerning healing or protection. None of us have full knowledge; however, the more we know, reveals the greater degree of salvation in which we can operate. Salvation is not just eternal life or a ticket to heaven. The definition of “Salvation” includes prosperity, healing, deliverance and protection. These are all the benefits we need to overcome in these End Times.
The gift of Salvation is free, but the degree of salvation in which you live is conditional to the relationship (intimate knowledge) you have with the Father, the Son, and the Holy Ghost. If there is something in your life about which God has yet to reveal understanding, you need to seek him while doing what you know to do.
The secret things belong unto the LORD our God: but those things which are revealed belong unto us and to our children forever, that we may do all the words of this law. —Deuteronomy 29:29
Some situations may not be revealed to us this side of heaven. It is during these times that we must be confident in our faith in Christ because our confidence has a great recompense of reward (Heb. 10:35). The confidence in our faith grows as we hear the Word (Rom. 10:17). Also, as we “do” the Word, we develop our testimony, which is another way to overcome (Rev. 12:11). You will never overcome without putting action to your faith. The victory over tribulation is won, but sometimes you have to march into the enemy’s camp and declare it won! Otherwise, they will act as though nothing has happened.
Wherefore, my beloved, as ye have always obeyed, not as in my presence only, but now much more in my absence, work out your own salvation with fear and trembling.—Philippians 2:12
I would recommend you read the entire contents of Philippians chapter 2. We are in the times of sorrow Jesus speaks of in Matthew chapter 24; however, we sorrow not as others who have no hope. We have faith in God, and nothing or no one (but ourselves) can take us out of His hands! So, seek God, go to a good church, read your Bible, pray, and be a doer of the Word. Remember, you are a resident of God’s Kingdom in the midst of the world’s turmoil, and He will give you peace in the midst of the storm (Psalms chapter 3). You are victorious!
Michelle and I are praying for you and would like to thank you for your prayers and financial support. Believe with us for meetings to fill our calendar. It is our mission to take the uplifting message of Bible Prophecy to those who are troubled by the times in which we live. In doing so, we also reach the lost and allow them to know Jesus and the great love and compassion He has for them.
We call you blessed, healed and whole! And remember, Jesus is coming soon!
Filed Under: Current Events, End Time Update
He is the atoning sacrifice for our sins, and not only for ours but also for the sins of the whole world.
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You must be born again to go to heaven. Jesus said “Most assuredly, I say to you, unless one is born again, he cannot see the kingdom of God." To do this all you have to do is call on the name of Jesus. When you BELIEVE in your heart and confess with your mouth that Jesus is Lord you will experience the new birth.
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July 7, 2012 July 7, 2012 Endre Rex-Kiss 0 Comments grain-fed cows, iron, lactoferrin, Organic, protein, protein shakes, whey protein
Protein shakes are popular choices for people who like varied choices in their fitness regime. Protein shakes are known for their nutritional value; however, there is a significant amount of detail that goes into how they work. The ultimate list of do’s and don’ts should be read below to use these shakes effectively:
Recognise the organic nature of protein shakes: Powder such as Vital Whey is derived from grass-fed cows. Cows who are given grass to eat are packing their bodies with plenty of nutrients that the human body can absorb in a diet plan.
Use blenders: There are plenty of blenders on the consumer market that can mix your protein shakes. New blender products include the blender bottle which actually mixes the protein shake powder depending on what kind of consistency that you are looking for.
Have a detailed fitness plan: It’s important to have a fitness scheme that you stick to consistently if you are focused on seeing results from using protein shakes. One top tip you can follow to see your results is have a notebook with you at all times where you can write a daily fitness plan and cross-check your progress daily, weekly and monthly.
Use chemical-free powders: Protein shake powder is at its best when it is chemical-free. There has been a rise in the number of protein shakes on the market that are embracing this all natural approach to health and lifestyle. Chemical-free protein shakes are wholesome and they give you the platform to be energetic and focused.
Put your intestinal health first: There is a lot that you can gain from having healthy intestines such as a good digestive system and holistic physical health. Natural protein shakes work with your intestines, not against them to create a system inside your body that helps you feel good at all times.
Choose shakes with lactoferrin: Protein shakes made from manufacturers with a pedigree can include lactoferrin. At its core, it is a protein that comes from cow’s milk and it is known for protecting against iron deficiencies, which are especially important for women who lose significant amounts of iron during the menstrual cycle.
Choose milk-based shakes made from grain-fed cows: Good protein shakes will ensure that the cows are not fed grain. Grain affects the consistency of protein shakes which is why manufacturers opt for a balanced diet for cows that does not include grain.
Be afraid of flavor: Innovative choices for flavor include vanilla and cocoa. After all, the shakes have to taste good if you are going to incorporate them into your diet. Vanilla and cocoa are alluring blends that will make using protein shakes a seamless experience.
[box type=”note”]Top tip: Always choose the most cost effective protein shakes when you are deciding what products to buy for your diet and fitness plan. Protein shakes in bulk are a good option for value for money for your healthy lifestyle.[/box]
This guest post is from Charlie Oswald, a healthcare specialist and guest blogger in the topics of social media, business and all things internet. Currently he represents Well Wisdom, a US based provider of organic whey protein that was developed specifically for individuals in need of help to recover from and to prevent relapse of immune compromised diseases.
Endre Rex-Kiss is an occasional guest blogger in a wide range of topics from business to marketing and beyond. You can follow his occasional rants on Twitter and Google+, and on dental site about dental implants.
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Over the past week or so, I’ve hammered Juan Cole over his substantive errors and elisions, and watched in amazement as he’s engaged in denial and deletion to keep his imaginary reputation for infallibilty intact. But he practically bowled me over when he issued a call, on his weblog, for posters at Daily Kos to dig up dirt on me. Cole wants to cast me as some sort of intelligence operative, burying my academic standing and credentials. Over at Sandstorm, I tell the story of his outburst, and then engage in a bit of good-natured humor (at his expense, of course).
The odd thing is that Cole later removed his fatwa against me from his site. Maybe he realized that it might be played back to him every time he laments the “new McCarthyism,” or gets huffy about Campus Watch. Well, it will get played back. Here’s the president-elect of the Middle East Studies Association (MESA), a man who’s supposed to represent the conscience of his field, deliberately launching a campaign of what he calls “oppo research”—politically-motivated dirt-digging for the purposes of character assassination. I have a hard time taking Cole seriously, which may be why my rejoinder to him is so tongue-in-cheek. But lots of misguided people do take him seriously, so I’ll just have to keep at it.
Oh, when you read the entry, whenever you encounter a link at a place that usually wouldn’t invite one, click on it. I’ve put in some surprises.
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I am a historian of the Middle East at Tel Aviv University, and research it at The Washington Institute for Near East Policy.
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This is TELL ME MORE from NPR News. I'm Michel Martin. So who am I thinking about right now? She is on the cover of this month's Vogue magazine. She signed up for the next Star Wars film, and people magazine crowned her the most beautiful woman in the world this year. And yet a year ago we barely knew the name, Lupita Nyong'o. That was until her role as Patsey in the award-winning film "12 Years A Slave" earned her an Oscar for best supporting actress and fans who somehow escaped her riveting performance were captured by her heartfelt acceptance speech.
L. NYONG'O: I want to thank my family for your training and the Yale school of drama as well for your training. When I looked down at this golden statue, may it remind me and every little child, that no matter where you're from your dreams are valid.
MARTIN: You might have wondered about the people she was talking about. One very important person thanked in the speech was Professor Peter Anyang Nyongo'o. He might be known most popularly as Lupita's dad. But in his own right he is a political science professor and a senator in his home country of Kenya. He happened to be in Washington, D.C. for the Smithsonian's Folklife Festival which features Kenya this year. So what a great opportunity to meet with him and hear what he's year has been like. Senator, thank you so much for joining us, welcome.
P. NYONG'O: Thank you very much.
MARTIN: When you heard your daughter thank you and the family for her training, first what went through your mind and what was she talking about?
NYONG'O: Well my wife and I were there. We were sitting a little bit far from her and our little boy, Junior.
MARTIN: Yes we saw Junior in the famous Selfie with Ellen DeGeneres, the host of the Academy Awards. He made quite a striking figure there as well.
NYONG'O: Yes, but we were as moved as everybody. I mean I couldn't believe that was Lupita talking, we call her Amondi (PH). But of course her most well-known name is Lupita. So, you know, as a parent you get kind of taken aback at how wise the little ones have become and we almost shedded tears when we heard those words of wisdom and really it was quite a wonderful evening.
MARTIN: Well it capped off on quite a remarkable year for her. I mean she had been recognized by other professional groups as well for - as you mentioned not just for performance but also for her common sense and for her inspiring words. And you said as a parent- you're saying you sometimes don't - think, is that really my child? I mean had you seen her as all that?
NYONG'O: She started rather early. I mean I remember in kindergarten, when she was five, we went to a parents day and she was leading a bunch of kids on the stage, singing and entertaining parents. And then she came on stage singing this Swahili song, which we recorded, I think we still have a version of it somewhere I hope. And she just did wonders and that's when we realized that this child is in for something. And of course when she went to primary school and then High school her acting career just blossomed.
MARTIN: Forgive me for asking but sometimes parents aren't always thrilled that their children desire a career in acting. Do you remember what your thoughts were about it when you realized that was her course?
NYONG'O: Well, one good thing that - I myself was an actor when I was in high school. And we are thespians really in the family. We loved going to plays, I mean I use when we were in the car going to work, recite to them some lines form Shakespeare, which amazed them, especially from "Othello" you know. When Othello is wooing Desdemona, before her father, I'm telling her these stories or these adventures in Africa. The Anthropophage, men whose heads grew beneath their shoulders. She was just amazed and so, I mean these kinds of things amazed them and inspired them. And say, we can also go on stage and all of them, kind of took to the arts really, because I myself was a student of literature, political science and philosophy in college. And I kind of didn't see that it is necessary to steam roll a kid into a particular career, (Unintelligible).
NYONG'O: I am, and she still is.
MARTIN: No, you. I was asking you.
NYONG'O: Oh, me. Of course, yes, definitely.
MARTIN: What's your favorite play?
NYONG'O: My favorite play, believe you or not, is "Richard II." That is a play I've really liked ever since high school.
NYONG'O: Oh, yes, I think - you know Northumberland, kind of came against the King, King Richard and this particular Duke in Northumberland - no it's actually King Richard himself, who tells Northumberland, who was his close confidant but turned against him to support Bolingbroke against him. And he had already surrendered the crown and tells Northumberland, Northumberland time will be many years from now and the governing head shall break into corruption. And thou shalt think though he give you half it is too little, helping him to all.
NYONG'O: And I think that is something that is very reminiscent of politics.
MARTIN: I was going to go there next. Actually that's where I was headed.
If you are just joining us I'm speaking with Peter Anyang Nyong'o. He is a professor of political science, a senator in Kenya and you might recall that famous name, he is the father of Lupita Nyong'o, the Academy award winner.
Many people have noted Lupita's interesting background. She was born in Mexico, do you mind sharing why she was born in Mexico?
NYONG'O: Because in the 1970s and '80s, we had political repression in Kenya. Jomo Kenyatta died in 1978 in August. And we all expected the new president, who was Jomo Kenyatta's vice president, Daniel arap Moi, to be kind of more liberal and expand the political space. Unfortunately he became even more repressive and we were teaching at the University of Nairobi the and as students and lecturers we were kind of opposed to this kind of political repression - this kind of presidential authoritarian regime.
MARTIN: You and your wife were both professors.
NYONG'O: : My wife was not a professor, my wife - actually, (laughing) let me confess, when I started teaching my wife was in the third year of undergraduate and I spotted her and then married her two years after that. So maybe I was raiding the cradle, but that's OK.
MARTIN: It's OK now. Anyway you were teaching?
NYONG'O: I was teaching at the University of Nairobi, and we were organizing against the regime and caused a lot of repression, and I was put every so often into police custody and so on. And it became really rough. My younger brother disappeared mysteriously at the coast. So I pleaded with the University to let me go, and fortunately I got an invitation to Mexico - to El Colegio de Mexico - to go and help them establish an African studies center and teach there. So we took off - my family and I - small family - my wife and the eldest daughter, Zawadi. We went there in December '81, and in March '83 Lupita was born. And the name Lupita is very important because it's a kind of a combination of these two names Lua and the name Peter - the word Lu in Lua means to follow, and Peter is of course my name, Peter. So we got this name which is really a diminutive form for Guadalupe, the patron saint of Mexicans. So we called her Lupita.
MARTIN: Well, that's lovely. And she is truly a child of both Mexico and of Kenya. I think she seems to be equally loved by both.
MARTIN: And of course, well - as Americans as well. At one point you went back to Kenya, and the repression continued, if you don't mind my mentioning.
MARTIN: This was not an easy time. I think is not a store that is, perhaps, as well know in the States. But you were subject to many of the tactics of a repressive regime - constant harassment, arrests, so forth.
NYONG'O: Yeah, well, Lupita says a little bit in the current issue of Vogue, in July. I was reading it this morning over the internet. But, you see, what happened was that when we were in Mexico, Mexico is rather far from home. You see in those days there were no e-mail - no OS app. These things were not there. So you had to write a letter or call. Now, calling was very expensive. And unfortunately when we were in Mexico, my wife lost her grandmother, and that was a quite terrible experience because we can't even go to the funeral. It was too far. We knew two weeks after she was buried. So we said, look, we have to move near our home. We can't stay here for too long. And we loved Mexico. We wanted to stay for a longer time, but then I (unintelligible) the United Nations organization. We moved to New York in December of '83, but my family didn't like New York. So in April of '84 I leave my U.N. job and go back to teaching, but then we couldn't keep away from the politics. (Laughing) So it started all over again, and I think in the '80s it was really rough before we got the Democratic opening of the '90s - yeah. But those days were not easy.
MARTIN: How did you cope with that? May I ask how were you treated while in custody?
NYONG'O: Well, fortunately for me I didn't get physical torture - I mean the kind of beating that many of my other colleagues got. I was a little lucky in that regard. What one got was psychological torture. I mean being kept in isolation - being interviewed, harassed - all kinds of things - humiliation, really. I mean for example, I remember a place called the narrow dungeons. This was the basement of the narrow building. You go there, you're kept in a tiny, little cell - dark with a bulb up in the roof. And you don't go out, and you can't go and wash - cold shower, no soap. There was no way to brush your teeth - no way to comb your hair. So really, it makes you feel bad about yourself. And then, of course, there's no towel to dry yourself, so you go back to the little cell and you have to run around the cell several times to get dry. And that is good because now that I remember, it was good exercise because if you had sat down it would've been terrible. But that was kind of the conditions that we were kept in.
MARTIN: Its remarkable because I think people who have seen 12 years a slave will remember this pivotal and just horrifying scene of humiliation involving Lupita's character, Patsey, not having soap. It's about her not being able to wash herself. It's horrible to consider, even now. I wonder, did she know about your experience? Did it inform, you think, her performance, knowing that you had experienced something not the same, but reminiscent?
NYONG'O: Yeah, reminiscent. That - I always tell people that really...
NYONG'O: ...when I saw "12 Years A Slave," ours was like a dinner party. I mean "12 Years A Slave" was really, really horrific. I mean when I saw it, then I said, well, we didn't really go through this kind of hell. But nonetheless, we told the kids the stories - not everything but - 'cause I remember one day when I came back home from about a month of incarceration, the kids were really shocked because when I came in the hair was unkempt. I mean they could see the disheveled condition. But we had to tell them the stories. I think they grew up, particularly Lupita because she was very close to me, knowing what was happening. They knew that life was not that easy. Especially if you stand for something, and I think it also helped us instill in them some principles and not take life for granted. And also it was time down for themselves because we knew that very often the family was isolated. People couldn't come to visit us because in those days, when you are known as a government dissident, a lot of people kept away from you. So that also helped the family come closer together.
MARTIN: Well, also the uncertainty - as you mentioned, your brother disappeared.
MARTIN: And his - forgive me - his body was never found.
NYONG'O: Yes, yes.
MARTIN: And there was never any definitive account of what happened to him.
NYONG'O: No.
MARTIN: So it must have been terrifying to have you be taken away,
NYONG'O: Yeah, that was...
MARTIN: And not knowing when you would return.
NYONG'O: Lupita was still very young. And I think she didn't say much, but I think these things were just - sat in her mind, you see? So I think that amount of uncertainty - of not knowing whether Daddy would be there tomorrow or not - I think these things - I think these did really stay in their conscience.
MARTIN: You know, sometimes when people have gone through all the things that you have gone through - and you are back in public life as a senator - it puts certain pressure on kids to follow the example set by their parents, and I just wondered, you know, for you - I'm interested in your decision to go back into public life after all that you went through. And also did you - do you have some expectation for your own children about whether there's something you feel is expected of them as a consequence of all that you have experienced? Do you understand?
NYONG'O: I do understand what you're saying. Well, you see, my going into public life was something that came logically. I mean, we were struggling against this authoritarian regime. So when Mali party politics came, we had to take the responsibility of shepherding the democratic process. It was not just me. We were in a group who - in those days we were known as Young Turks. (Laughing) I think now...
NYONG'O: Now just Turks. Now we're just Turks. No longer, yeah. But anyway - but we had to take the responsibility of carrying the struggle along, and of course one of the things that pleases me is that now at least we have a new constitution, which is a much more progressive constitution than any we have had before. And I hope that the struggle continues. When it is implemented, life will be very different from the past. Of course, that sort of depends on politics. But to come back to your question, I don't think that I want my kids to follow my footsteps, no. My wife and I were very clear about that. Our feeling that the kids should follow what they feel is their calling.
MARTIN: Obviously as a parent you must be very proud of your daughter - all of your children, but we're talking about, you know, Lupita now. But what do you think is the meaning of what has happened with her? Not just the awards for her acting, but all of the acclaim about her beauty and her style and her elegance. Does it have any importance in your view?
NYONG'O: Well, it does. I mean, the beauty and the style and the dressing, however, that will never - we never really expected. I mean, look, that came to us as a surprise. I guess as a parent you don't really appreciate this. But I was surprised. I never knew but when all of this happened, then there came this conversation she had been having with her mom about beauty. They never told me. I learned like everybody else that it was something that was important in their lives. And of course the mother kept affirming to her that she was beautiful. So I think when this happened at her level, it was a fantastic affirmation of what her mother instilled in her - to believe in herself. And I think, to me, it helped give us strength - that there is more to you than you think, and that you should give the best of yourself to the world. And I think that the thing that she's trying to strive as is always to do her best in whatever she does, but do it in the service of humanity.
MARTIN: Well, thank you for coming in to speak with us.
MARTIN: Of course you're a very important person in your own right as a professor, as a scholar and also as a senator. But, you know, I do have to ask, are there any special perks to being the father of an Oscar-winner? Do you get, you know, special treatment?
NYONG'O: If anything, I have lost my identity because now - thank you for calling me professor and Senator. (Laughing) Everybody else says Baba Lupita.
NYONG'O: I'm losing my identity - so, an endangered species as it were.
MARTIN: Well, I'm sure some dinner reservations will be easier to get now, perhaps.
NYONG'O: I hope so. I hope so.
MARTIN: Baba Lupita, Peter Anyang' Nyong'o is a Kenyan senator and, as we mentioned, the father of Oscar-winner Lupita Nyong'o. He is, as we've mentioned, a member of the Kenyan Senate in his own right and a professor of political science. And he was kind enough to join us in our studios while on a trip to Washington, D.C., to participate in the Smithsonian Folklife Festival, which is presenting Kenya this year and the culture of Kenya as a part of its portfolio. Thank you so much for joining.
MARTIN: And that's our program for today. I'm Michel Martin, and you've been listening to TELL ME MORE from NPR News. Let's talk more tomorrow. Transcript provided by NPR, Copyright NPR.
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In this photo provided by South Korea Defense Ministry, an Army Tactical Missile System or ATACMS missile is fired during a joint military drill between U.S.…
In this photo provided by South Korea Defense Ministry, an Army Tactical Missile System or ATACMS missile is fired during a joint military drill between U.S. and South Korea at an undisclosed location in South Korea, Wednesday, Oct. 5, 2022. The Joint Chiefs of Staff said the South Korean and U.S. militaries successfully fired a total of four Army Tactical Missile Systems missiles during the exercise that it said was aimed at demonstrating its precision strike capabilities against the North. (South Korea Defense Ministry via AP)
US sanctions Asian firms over North Korean fuel shipments
by: FATIMA HUSSEIN, Associated Press
Posted: Oct 7, 2022 / 09:10 AM EDT
Updated: Oct 7, 2022 / 10:10 PM EDT
In this photo provided by South Korea Defense Ministry, an Army Tactical Missile System or ATACMS missile is fired during a joint military drill between U.S.…
In this photo provided by South Korea Defense Ministry, an Army Tactical Missile System or ATACMS missile is fired during a joint military drill between U.S. and South Korea at an undisclosed location in South Korea, Wednesday, Oct. 5, 2022. The Joint Chiefs of Staff said the South Korean and U.S. militaries successfully fired a total of four Army Tactical Missile Systems missiles during the exercise that it said was aimed at demonstrating its precision strike capabilities against the North. (South Korea Defense Ministry via AP)
by: FATIMA HUSSEIN, Associated Press
Posted: Oct 7, 2022 / 09:10 AM EDT
Updated: Oct 7, 2022 / 10:10 PM EDT
WASHINGTON (AP) — In the midst of increasingly aggressive North Korean missile launches this week, the U.S. on Friday imposed sanctions on people and firms in Asia accused of helping North Korea procure fuel in violation of U.N. sanctions.
Treasury’s Office of Foreign Assets Control targeted two people and three firms from Singapore, Taiwan and the Marshall Islands.
The U.S. accused them of moving fuel through an “illicit ship-to-ship transfer” that circumvents United Nations sanctions restricting the import of petroleum products and supports the development of North Korea’s weapons programs and military.
The sanctions are the first directed toward the isolated Asian country since the start of its most recent round of missile launches — six rounds of tests in less than two weeks.
North Korea also flew 12 warplanes near its border with South Korea on Thursday, prompting the South to scramble 30 military aircraft in response, Seoul officials said.
Secretary of State Antony Blinken said North Korea “continues its unprecedented pace, scale, and scope of ballistic missile launches this year,” adding that it has launched 41 ballistic missiles this year alone.
Tensions have risen quickly on the Korean Peninsula as North Korea’s recent missile tests prompted South Korea, the U.S. and Japan to conduct joint drills in response.
The sanctioned companies are the Marshall Islands-based New Eastern Shipping Co. Ltd., and Singapore-registered Anfasar Trading (S) Pte. Ltd. and Swanseas Port Services Pte. Ltd. The U.S. also targeted Singapore-based Kwek Kee Seng and Taiwan-based Chen Shih Huan for coordinating the deliveries.
Among other things, the sanctions deny them access to any property or financial assets held in the U.S. and prevent U.S. companies and people from doing business with them.
Brian Nelson, Treasury’s under secretary for terrorism and financial intelligence, said North Korea’s ballistic missile launches “demonstrate a continued disregard for United Nations Security Council resolutions.”
“The United States will continue to enforce multilateral sanctions and pursue the DPRK’s sanctions evasion efforts worldwide, including by designating those who support these activities.”
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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(NEW YORK) -- The Westchester, New York, district attorney's office has had an ongoing criminal investigation into the Trump Organization's Westchester golf course, sources with direct knowledge of the matter tell ABC News. The probe, which is separate from a similar, and broader, investigation by the... Read More.
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DuBois, PA - Clearfield County Area Agency on Aging, Inc along with Mid- State Literacy Council is offering Basic Computer Skills for Older Adults. In this class, you will learn about computer settings, applications & software, computer files & folders - creating, moving & deleting,... Read More.
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Worker shot dead on golf course because he stumbled upon crime in progress, police say
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Gwyneth Paltrow drank quinoa whiskey during the pandemic because of course she did
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Email marketing class with DuBois Chamber this Thursday
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DuBois, PA – Do you need to learn more about the basics of email marketing? The DuBois Chamber office has a couple more openings for this class that’s being held on Thursday, February 18th at DuBois Best Western Conference Center. Class time is 10 a.m.... Read More.
2021 PA Farm Show goes all-virtual, with many ways to still experience the show
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Harrisburg, PA - Days away from the opening of the first-ever virtual Pennsylvania Farm Show, Agriculture Secretary Russell Redding highlighted the various ways to experience the 105th show. “In a normal year, we bring half a-million people into our home in Harrisburg to experience Pennsylvania agriculture,”... Read More.
Motorcycle safety training classes available for rest of year
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Harrisburg, PA – Want to become a safer motorcyclist and even get your motorcycle license? Motorcycle safety training classes for PA residents are resuming and will be available for the rest of the year. The Pennsylvania Department of Transportation (PennDOT) today announced that through the... Read More.
Clarion University will have mostly online instruction for fall semester
Thursday, July 30 by wcednews
Clarion, PA – Clarion University has made the decision to move to mostly online instruction for the fall semester. According to the university, the majority of classes with have remote instruction, with only courses that involving things like student teaching, internships, externship, clinicals, and co-ops... Read More.
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Broadly speaking, there are three domains of activity important to technological progress: science, invention, and business. Science discovers new knowledge; invention creates useful machines, chemicals, processes, or other products; and business produces and distributes these products in a scalable, self-sustaining way. (Occasionally inventions are distributed by government: water sanitation is an example. But this oversimplified model will serve for our purposes.)
These domains do not form a simple linear pipeline, but they are distinct areas that attract different types of people, pose different challenges, and are judged by different standards. As such they create distinct communities and subcultures.
My hypothesis is that while science and business have functioning career paths, invention today does not.
Consider science. Suppose a high school or university student has a glimmer of desire to become a scientist. They will find that their road has already been paved. “Scientist” is a career. There’s an established path into the career: get a BS and then a PhD in a scientific field. There are research labs that hire scientists, organize them into teams, and give them space and equipment. There is funding for all of this, from government and philanthropy. There is an established deliverable: talks and papers, presented at conferences and published in journals. There are awards and honors that confer prestige within the discipline; some of these, such as the Nobel, are even well-known and respected among the general public.
All of this combines to create a career path for the scientist: anyone with even a modest level of commitment and effort can start down the path, and those who are exceptionally talented and ambitious can reach for inspiring goals. Importantly, there is a feedback loop in which progress down the career path opens opportunities. The more the scientist produces legible accomplishments, the more they are able to get grants, secure coveted positions, and attract talent to work with them. Money, prestige, and the opportunity to do meaningful work all (roughly) go together.
Entrepreneurship has different structures, but the career path is there nonetheless. “Startup founder” is not a job you get hired for; it is a job the founder must create for themselves. They must raise their own funding, create their own organization, and hire their own team. In this sense, the founder is much less well-supported than the scientist. But there are established sources of funding for startups, in venture capital. There is a known job title, CEO, that you can give to yourself and that is understood by others in the industry and in society. There is an objective way to measure success: company profits and market valuation.
The founder career path is to create a successful company. Once again, progress on this path opens up opportunities. The most successful founders have the resources and reputation to launch even more varied and ambitious projects (think Jeff Bezos or Elon Musk). However, a startup failure does not end a career. In Silicon Valley at least, failure is not a black mark, and a failed founder can do another startup, or get a job in engineering, design, sales, or management.
We can think of a career path as a social support structure around a value. In science, the value is new knowledge. In entrepreneurship, the value is profitable business. Having a support structure around a value means that if someone is motivated to pursue that value, they can be paid to do so; and if they succeed, they can expect both prestige and expanded career opportunities.
Now, what is the career path for an inventor?
“Inventor” is not a role one can be hired for. The aspiring inventor finds themselves straddling science and business. They could join a research lab, or become an engineer at a technology-based company. In either case, they will be misaligned with their environment. In research, what is valued is new knowledge. An invention that achieves a practical goal is not valued if it demonstrates no new scientific principle. In the corporate environment, what is valued is what drives the business. The engineer may find themselves optimizing and refining existing products, without any mandate to create fundamentally new ones. Neither environment values simply making fundamentally new technologies work. Alternately, an inventor could also be an entrepreneur, starting a company to commercialize the invention. But this requires of the inventor that they have the wherewithal of the startup founder to raise money, hire a team, etc. We ask this of founders because it’s in the nature of the job: someone who can’t do these things probably wouldn’t succeed at the rest of the founder’s task. But we don’t expect every scientist to found their own research lab, and we shouldn’t expect every inventor to be a founder either.
In the early 20th century there were options for inventors. Some joined the great corporate research labs of the day: General Electric, Westinghouse, Kodak, Dow, DuPont, and of course Bell Labs. Others stayed independent, patented their inventions, and sold or licensed the patents to businesses. This let them make a living by inventing, without being personally responsible for commercializing, scaling, and distributing their inventions (although it required seed funding: many inventors had second jobs, or got angel investment through personal connections).
For reasons I still don’t fully understand, both options have withered. Corporate research is largely not as ambitious and long-term as it used to be. The lone inventor, too, seems to be a thing of the past.
The bottom line is that if a young person wants to focus their career on invention—as distinct from scientific research, corporate engineering, or entrepreneurship—the support structure doesn’t exist. There isn’t a straightforward way to get started, there isn’t an institution of any kind that will hire you into this role, and there isn’t a community that values what you are focused on and will reward you with prestige and further opportunities based on your success. In short, there is no career path.
Note that funding alone does not create a career path. You could start an “invention lab” and hire people to make inventions. You could even pay, reward and promote them based on their success at this task. But it would be difficult to hire any ambitious academic, or anyone who wanted to climb the corporate ladder, because this role wouldn’t be advancing either career path. That isn’t to say that it would be impossible to hire great talent, but you would be facing certain headwinds.
I think this is why the NIH receives relatively conventional grant proposals even for their “transformative research awards”, and why Donald Braben says that he had to build a high degree of trust with researchers before they would even tell him their ambitious research goals (see Scientific Freedom, p. 135). The community that forms around a career path has its own culture, and that includes an oral tradition of career advice, passed down from senior to junior members of the tribe. What kinds of goals to pursue, what kinds of jobs to take and when, how to choose among competing opportunities—there is folklore to provide guidance on all these questions. A single grant program or call for proposals cannot counter the weight of a culture that communicates: “the reliable way to build a scientific career is by proposing reasonable, incremental research goals that are well within the consensus of the field.”
In part, I see this as both the challenge and the opportunity of efforts like PARPA or FROs. It’s a challenge because a career path must ultimately be supported by a whole community. But it’s an opportunity because efforts like this could be how we bootstrap one. Funding alone doesn’t create a career path, but it can attract a few talented and ambitious mavericks who value independence and scoff at prestige. Success could bring more funding, and inspire imitators. Enough imitators would create an ecosystem. Enough success would bring prestige to the field.
It won’t be easy, but I am excited by efforts like these. We need a career path for invention.
Thanks to Ben Reinhardt, Matt Leggett, and Phil Mohun for reading a draft of this.
Comment: LessWrong, Reddit
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The Chandler family spent over a century helping to build Los Angeles with the town’s newspaper of record, the LA Times. The paper was kept in the family from 1882 until 2000, with Norman Chandler at the helm during World War II. But newly released FBI files show that Norman may have had some particularly nasty friends in the 1930s. Specifically, Nazi friends.
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I recently filed a Freedom of Information Act request with the FBI for Norman Chandler’s files which, much to my surprise, hadn’t been released before. While historians know that Chandler visited Germany in the 1936 for the Olympic Games, and reported favorably on the Nazi regime, these new files reveal that Norman was allegedly hobnobbing with Nazis in Los Angeles as late as 1938.
Norman Chandler didn’t became publisher of the Los Angeles Times until 1944, but the entire Chandler family was intimately involved in the paper’s operation. Before becoming publisher in 1944, Norman was general manager in 1936 and became president of the Times in 1941.
Chandler openly chastised those in the press who questioned the Nazi regime in 1936. At a lunch with business owners and two other members of the press who had reported from Berlin, Chandler came down hard on Ralph Barnes of the New York Herald Tribune and William Shirer from CBS. Chandler demanded to know why they were being so critical of the Nazi government when their reports contradicted what Chandler and others had “seen with their own eyes.” Shirer apparently pressed Chandler on what he meant, according to a biography on William Shirer from last year.
“They had talked to [Hermann] Göring and he had told them that we American correspondents in Berlin peddled nothing but lies about National Socialist Germany,” Shirer would write later about the lunch with Chandler. Göring, of course, would be sentenced to execution at Nuremberg after WWII for war crimes. He committed suicide in his cell before he could be hanged.
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Chandler’s defensiveness for the Nazis had obviously come from firsthand experience, as we now don’t have to just take Shirer’s word that he was visiting with top Nazi brass. The newly released FBI file indicates that he’d been given letters of introduction to “high ranking Nazi officials” when he visited Germany during the mid-1930s, though it’s not clear who else he may have met, aside from Göring.
According to an FBI informant, Chandler was “royally entertained” in Germany, and his trips through the country “had been expedited by the German Government.”
Chandler, a friend of J. Edgar Hoover, was later asked by the FBI about these letters of introduction in 1941, once the US had entered World War II, and Chandler insisted that, “if such letters had been written his brother, Harrison Chandler, would probably be the person informed about them.” The FBI file doesn’t expand any further on the letters.
But it’s one particular party mentioned in the file that I found most jaw-dropping. Especially when you consider that Norman Chandler was overseeing the publication of a newspaper in a city growing by leaps and bounds. According to an FBI informant, Chandler attended a party in early 1938 at the residence of the German Consul in LA with “a number of well-known Nazi sympathizers.”
Needless to say, I’ve put in a FOIA request for that specific file (65-16543-30) to see if we can’t learn more about who might be these other “well-known Nazi sympathizers” partying the night away in Los Angeles.
Judging by the file, Chandler and Hoover were buddies. The file both opens and closes with cordial letters between J. Edgar Hoover and Norman Chandler. Or, in the case of the last letter, a note from Hoover to Chandler’s widow expressing his condolences. But during the in between, like in this memo from 1947, we see that Chandler and Hoover would meet to discuss things. As long as it didn’t interfere with Chandler’s dentist appointments.
By the end of World War II, Chandler seems to have made amends in some ways for his defense of the Nazi regime during the 1930s, if you believe that he was truly unaware of the atrocities they were committing. He was among a host of news executives who visited Germany after the war to see the horrors of the Holocaust firsthand. Chandler seemed to have changed his tune by 1945.
From the Associated Press on May 15, 1945:
Returning from an inspection of German prison camps, Norman Chandler, Los Angeles Times publisher reports:
“We couldn’t find a Nazi in all Germany. Not one would admit his allegiance to the ruling party.”
Chandler said descriptions of atrocities in German political prisons have been “understatements, rather than overstatement.”
The publisher was one of a group of American newspaper executives who flew to Europe at the invitation of General Eisenhower to see conditions in prison camps and elsewhere.
“One of the most disconcerting things is to talk to a German over there who wants us to send materials to help build German cities,” added Chandler. “Can you imagine that?”
Chandler’s FBI file includes other incidents, including one in 1939 where the FBI took major offense to a writer in the LA Times who made, “serious derogatory remarks against the Bureau and against the Director personally.” Apparently Hoover launched an investigation against the writer, Taylor Trumbo, who Chandler defended as “guilty of nothing more than a flare of temper.”
The file also contains mention of a Better Business Bureau meeting in 1955 that I really can’t make heads or tails of, but I’m sure someone smarter than myself might be able to figure out. I’ve uploaded the entire document below. Let me know if you spot something weird that I missed.
Correction: I originally misstated that Hermann Göring had been executed at Nuremberg. He was sentenced to execution but committed suicide before he could be hanged.
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Nevertheless Holly intended to write an uncritical piece. Over the years she had known far too many reporters who, because of envy or bitterness or a misguided sense of moral superiority, got a kick out of slanting and coloring a story to make their subjects look foolish.
Another instructor assumed responsibility for Louise's kids, so she and Holly could talk.
Jim realized he was clenching his teeth. He looked down at the armrests of his seat, where his hands were tightly hooked like the talons of an eagle to the rock of a precarious roost.
All the way to the boarding gate, Jim wondered what subculture the clerk swam in after he shed his uniform at the end of the work day and put on street clothes. He had a hunch the guy was nothing as mundane as biker punk.
He drove too fast, weaving in and out of traffic, taking chances, which was uncharacteristic of him. If a cop had stopped him, he would not have been able to explain his desperate urgency, for he did not understand himself It was as if his every move was orchestrated by someone unseen, controlling him much the way that he controlled the car.
He didn't know he was going to pack for travel until he found himself taking a suitcase from his closet. He gathered up his shaving gear and toiletries first. He didn't know his destination or how long he would be gone, but he included two changes of clothes. These jobs-adventures missions, whatever in God's name they were-usually didn't require him to be away more than two or three days. He hesitated, worried that he had not packed enough. But these trips were dangerous; each could be his last, in which case it didn't matter whether he packed too much or too little.
Again he told himself to flow with it, which was easy since he had no choice.
He read the destinations from top to bottom on the monitor. The next to t city-Portland, Oregon-struck a spark of inspiration in him, and he went straight to the ticket counter.
Jim realized he was clenching his teeth. He looked down at the armrests of his seat, where his hands were tightly hooked like the talons of an eagle to the rock of a precarious roost.
While the clerk processed the credit card and issued the ticket, Jim noticed the guy had pierced ears. He wasn't wearing earrings on the job but the holes in his lobes were visible enough to indicate that he wore then regularly when he was off duty and that he preferred heavy jewelry.
Again he told himself to flow with it, which was easy since he had no choice.
The drive to John Wayne Airport, on the southeastern edge of Santa Anta, took less than half an hour. Along the way he saw subtle reminders at southern California had been a desert before the importation of water through aqueducts. A billboard urged water conservation. Gardeners were planting low-maintenance cactus and ice plant in front of a new southwestern-style apartment building. between the greenbelts and the neighborhoods of lushly landscaped properties, the vegetation on undeveloped fields and hills was parched and brown, waiting for the kiss of a match in the trembling hand of one of the pyromaniacs contributing to the annual, devastating wildfire season.
The clerk who served him was a clean-cut young man, as straight-arrow as a Disneyland employee-at first glance.
He read the destinations from top to bottom on the monitor. The next to t city-Portland, Oregon-struck a spark of inspiration in him, and he went straight to the ticket counter.
He also told himself not to be afraid, but fear was his unshakable companion. When he pulled into his driveway in Laguna Niguel, the spiky black shadows of palm fronds looked like cracks in the blazing-white stucco of his small house, as if the structure had dried out and split open in the heat The red-tile roof appeared to ripple like overlapping waves of blood his bedroom, sunlight acquired a coppery hue as it poured through tinted windows. It laid a penny-colored glow in stripes across the bed off white carpet, alternating with bands of shade from the half open plantation shutters.
Holly had been given an advance copy of the book, Soughing Cypress and Other Poems, when Tom Corvey, the editor of the Press's entertainment section, assigned her to the story. She had wanted to like it. She enjoyed seeing people succeed-perhaps because she had not achieved much in her own career as a journalist and needed to be reminded now and then that success was attainable. Unfortunately the poems were jejune, dismally sentimental celebrations of the natural world that read like something written by a Robert Frost manque, then filtered through the sensibilities of a Hallmark editor in charge of developing saccarine cards for Grandma's birthday.
Jim realized he was clenching his teeth. He looked down at the armrests of his seat, where his hands were tightly hooked like the talons of an eagle to the rock of a precarious roost.
Holly had been given an advance copy of the book, Soughing Cypress and Other Poems, when Tom Corvey, the editor of the Press's entertainment section, assigned her to the story. She had wanted to like it. She enjoyed seeing people succeed-perhaps because she had not achieved much in her own career as a journalist and needed to be reminded now and then that success was attainable. Unfortunately the poems were jejune, dismally sentimental celebrations of the natural world that read like something written by a Robert Frost manque, then filtered through the sensibilities of a Hallmark editor in charge of developing saccarine cards for Grandma's birthday.
Holly Thorne was at a private elementary school on the west side of Portland to interview a teacher, Louise Tarvohl, who had sold a book of poetry to a major New York publisher, not an easy feat in an age when most people's knowledge of poetry was limited to the lyrics of pop songs and occasional rhyming television ads for dog food, underarm deodorant, or steel-belted radial tires. Only a few summer classes were under way.
Then he 'd, "Gotta fly," and he knew.
While the clerk processed the credit card and issued the ticket, Jim noticed the guy had pierced ears. He wasn't wearing earrings on the job but the holes in his lobes were visible enough to indicate that he wore then regularly when he was off duty and that he preferred heavy jewelry.
Another instructor assumed responsibility for Louise's kids, so she and Holly could talk.
Jim realized he was clenching his teeth. He looked down at the armrests of his seat, where his hands were tightly hooked like the talons of an eagle to the rock of a precarious roost.
When he returned Jim's credit card, his shirtsleeve pulled up far enough on his right wrist to reveal the snarling muzzle of what appeared to be a lavishly detailed, colorful dragon tattoo that extended up his entire arm. The knuckles of that hand were crusted with scabs, as if they had been skinned in a fight.
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that makes me remember that I shoved things in the closet and I should put them back where they belong,
and then the toddler spills something,
and that makes me remember that I didn't wipe the table off after breakfast,
and the dryer buzzed so I throw the clothes on my bed and see that my coffee cup needs to be brought to the sink,
where I find more dishes that need washing,
but the kids are hungry so I need to make lunch...
and on and on...
and by the time the day is done, I have a bunch of stuff started, the house is cluttered, but nothing is done.
All it really takes is a little self-discipline.
You have to be ok with not getting A LOT done.
BUT, you get the satisfaction of knowing you actually completed something.
Some days, all I get done are the basics (preparing meals, doing the dishes, and general tidying).
And, some days, THAT'S OK!
This even applies to all those amazing working mamas.
Tonya Dalton of The Productivity Paradox (and the creative genius behind inkWELL Press) mentioned recently in her podcast that multitasking isn't really as productive as we might think.
"Experts estimate that switching between these tasks, this virtual tug of war that's happening right now in your brain, it can cause a 40% loss in productivity. You want to know the worst part? You tend to be more error prone. You're working slower and less effectively. People argue that multitasking is more efficient. They say, "I'm getting more done." But are you, if you have more errors, and it actually takes you more time? The more errors you have, the more you have to go back and fix those errors, instead of handling it one time, and being done with it. It's not really that efficient. The next time you go to multitask, ask yourself this, "Which is more important? To be efficient, or effective?" Because you cannot be effective, if your brain is continuing with this tug of war. Doing two things at once makes you miss obvious things."
If I'm really being honest, I'd rather do a few things well than feel like I've started, but haven't completed, anything.
Don't you agree?
So, tomorrow, don't stress yourself out with a giant to-do list.
Finish what you started.
I promise you'll sleep better.
Posted by Kelley at 9:30 AM No comments:
Thursday, March 16, 2017
I figure that it's appropriate timing for this post since I started blogging regularly again at the beginning of the year and have since disappeared.
The last few weekends were crazy.
And, instead of stressing myself out to write something for all 5 of my followers, I decided to set an example of grace by showing myself some. Ha.
Plus, that first weekend was it was my birthday.
And, I'm tired.
Prioritizing sleep has been very important for me lately. The ironic thing about hypothyroidism is you can be completely exhausted yet unable to fall asleep. But, giving myself the opportunity to sleep is super necessary. And, as much as I hate to admit this, I get a much higher quality of sleep at night when I don't fall asleep to Netflix or Hulu. *insert sad face*
I am finding so much value in stillness and quiet.
And, I don't just mean noise. But, quietness of heart and mind and soul, as well.
I try to take advantage of the quiet moments in my house so that I can quiet my heart and be more prepared for when the house gets loud and crazy again. Those moments are few and far between... and oh, so valuable.
I am also trying to do so much more resting in the Lord and the unknown. Part of that simply looks like refusing to strive for the unattainable. So often I put more pressure on myself than ANYONE else does... including God. By showing myself more grace and giving myself more time, I also reduce the stress in my home. By not setting such unreachable standards for myself, I'm allowing my family to rest more, to enjoy our home, to just be.
(AND, one of the blessings of showing myself more grace and not filling up my schedule was that I had a whole day to work on curtains. Not the most glamorous of projects, but it makes our home so much nicer. I was able to hem our kitchen curtains, our bedroom curtains, and make curtains for our bathroom, bedroom and our girls' room! It's so fulfilling to have that off my perpetual to-do list.)
Sure, I still want the sink to be empty of dirty dishes and the floor to be swept/vacuumed as often as possible. But, since those things are actually doable most days, it's ok! What's not realistic is to demand perfectly made beds and completely tidy, organized rooms constantly, or the opportunity to accomplish a bunch of tasks on my personal to-do list. There's no life in that. And, my kids are young enough that they're still learning how to do that anyway.
By being able to find rest in the mess (all the mess - spiritually, emotionally, physically, and in our home), we are learning how to really do life together.
The time often comes for work. For decluttering. For teaching.
But, sometimes, all we really need is a rest.
Posted by Kelley at 6:09 AM No comments:
Wednesday, March 1, 2017
Current Favs - March 2017
I've never really been one to embrace something simply because it's trendy.
If I take part in a trend, it's because I actually like it.
(Which is why I'm always a few months behind. Ha. I'm a BIG fan of leggings now, but it took me a looooong time to even try them.)
So, I thought I'd share some of my current favs with you.
These are some of my tried-and-trues.
As I'm simplifying everything, I'm finding that I'd rather have one nice thing (versus multiple cheap things) because then I always know where they are. I'm less likely to misplace something because I'm probably using it.
So, these slippers won. They are wonderful. TOMS recommends sizing down if you normally wear a 1/2 size. 7 1/2 TOMS fit me perfect so I got these in 7s and they fit wonderfully.
Sorry they are hard to see. It's the best picture I have.
You can find similar ones here discounted on Zulily today.
Several of my friends have talked about wanting to find a tinted lip balm because lipstick can be drying and lip gloss can be sticky.
I found it!
This stuff goes on light, is not sticky, and adds a nice subtle color. I got mine at our grocery store, but I'm guessing in more populated areas, they are easier to find.
This one is Burt's Bees Tinted Lip Balm in Rose.
There is just something about this guy's voice and the music he chooses and they way he tells these forgotten stories that makes me listen to every... single... episode. He takes a topic that most people would know a little something about and finds a nugget of history associated with it that most people have NO idea about. Plus, they're short. They usually are no more than 15 minutes. Look it up. Listen to it. You won't be disappointed.
Music:
Elevation Worship station on Amazon Prime. I've had to "thumbs down" several songs and there are a few songs I skip past, but for the most part, this is goooooood music.
Food/Drink:
Pomegranate Tea with a few drops of Lemon Essential Oil and a half of a packet of Truvia. I'm obsessed. John even asked why I was having this drink every night now. Truth is, I'm trying to snack less at night and this is a good way to have something sweet, fruity and delicious.
I have loved Emily from Jones Design Co, for a long time now. She has beautiful free printables and as I'm getting more into watercolors and hand scripting, I definitely enjoy her posts. Plus, she's adorable and a fellow young mom. Check her out.
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Charlie and Liana are one of the couples that completely stole our hearts. Yes, they had whimsical details and a gorgeous ceremony. Yes, they are totally photogenic. But the real story of this wedding is the love that Charlie and Liana show for each other, and the easy going way they include everyone else in that love story. We are so excited to share these photos from one of our favorite weddings of 2013!
Charlie and Liana chose to see each other before the ceremony, which opened up a window of opportunity for tons of photos. We met them at the Virginia Museum of Fine Arts, where we had the luxury of an hour for photographing the wedding party- before we even got to their venue! As any good Richmonder knows, the best pizza in the Fan is Chanello’s. The guys made sure they had plenty on had for pre-wedding fuel!
One of the benefits of having two lead photographers is that you’ll receive a double portion of portraits. The images above were taken within seconds of each other. We were able to position ourselves so that CHarlie and Liana never had to move, and we were able to really work the location!
Charlie and Liana lived close by, so they made sure their dog was able to get in on a few photos too. After all, she’s part of the family!!
After our session at the VMFA, we moved to the science museum. Since rain was a strong possibility, we took the chance to shoot even more portraits before the ceremony began.
The ceremony was as sweet as Charlie and Liana themselves. They wrote their own vows, including a promise to sleep under the starts as many nights as possible. You could feel hearts melting as their friends and family looked on…..
Every part of the day was infused with their style, including their ceremony exit; why walk, when you can skip?
Since Charlie and Liana had family members who couldn’t be with them, they found a sweet way to recognize them during the ceremony, through placing a sunflower for each on an empty chair, and also by having a framed photograph. We love the value a photograph has, to carry a memory on in a profound way.
Since we had already photographed formal portraits, we were able to use some of the time before the reception to get more playful photos with the wedding party. The reception was a blast- the rain started to pour but it didn’t dampen any spirits inside the tent!
We will leave you with our favorite photo of the night. The rain continued as the evening wore on. It became clear that a standard sparkler exit wouldn’t be an option, so Charlie and Liana quickly devised a new plan. They asked the grooms men to spread two tarps out on the lawn, cover them in dish soap, and then had their guests line up nearby. In all our years of wedding photography, this is the most adventurous exit we have ever seen. They ended the night with a home made slip-n-slide, and a story that will be told over and over by their friends, family, and especially their photographers. Charlie and Liana, we wish you more happiness than you’ve dreamt of, and many years of sleeping together under the stars.
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Hi friends. This blog is a labor of love and I want to continue writing every day for a long time to come. But I need a little help. The fees to maintain this website are getting costly for a little frog. If you enjoy reading my blogs, will you please donate a dollar or two, or whatever you can, to help me keep this site (and blog) up and running? I'm on PayPal at irwinquagmirewart@gmail.com. Thank you!
Want to be more creative? Listen to music!
My iPod is filled with happy music. it makes me feel great an I find I'm more active when I listen to it. Although I love all kinds of music, I've noticed that they don't all have the same effect on me. I wondered if this was really the case and, it turns, out it is.
Creative thinking is needed more and more these days. Not only do businesses demand it but the complex social situations of modern times require it, as well.But is creativity limited to artistic geniuses? No, says modern scientists. According to research, everyone has the cognitive capacity to come up with new and creative ideas. That's good news for both humans and us frogs! Scientists call this ability "divergent thinking." When we can all select from a series of ideas that will be the most successful, that is called "convergent thinking."
Although not everyone can be equally accomplished at these kinds of thinking, we can become more skillful in creative problem-solving. How? One study explored how music can help us become more creative. Music has been shown to improve cognition and enhance learning and memory. So it makes sense that it can have an impact on creative thinking, as well. In one experiment, the participants tried creativity exercises that measured divergent and convergent thinking in five different scenarios; silence (the control group), or classical music that evoked either happy, sad, calm or anxious emotional states. Researchers found that the group who listened to the "happy" classical music had significantly higher scores on divergent thinking than those who performed in silence. The "happy" participants came up with more total ideas and more creative and innovative ideas. The other types of music had no impact.
The results suggest that listening to happy music increases performance on overall divergent thinking. This suggests the authors of the study say, that happy music enhances the cognitive flexibility needed to come up with innovative solutions. What I found interesting, was that it didn't matter if the participants even liked the music they were listening to; it had a positive impact on all of the participants in that group. Too, none of the music types had any impact on convergent thinking. "The increase in divergent but not convergent thinking after listening to happy music may be explained by the fact that the convergent tasks rely less on fluency and flexibility, but on finding one correct answer,” write the authors.
It may also have something to do with the mood created by happy music. According to researcher Barbara Fredrickson, "happiness is considered a positive emotion that broadens our mindset and enhances our desire to explore and play." Whatever the case may be, humans may want to listen to happy music while they work, especially if that work involves coming up with new ways of looking at a problem. "As the authors conclude, 'music listening may be useful to promote creative thinking in inexpensive and efficient ways in various scientific, educational, and organizational settings when creative thinking is needed'.”
I regularly listen to the tunes on my iPod as I write these blogs. That may explain why some of them are so long. The music gets my creativity flowing and I can't stop writing! Anyway, dear reader, thanks for reading and I hope you have some happy music of your own to listen to. It can seem as if today's world has gone completely crazy. We need all the creativity we can muster up to help get it back on track.
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Land of Lily Pad's first published author. I enjoy writing fun and educational books for kids. My blog is for you parents; the kiddos might like some of them, too. As always, everything I write is family-friendly, so don't hesitate to share my messages with everyone. I hope you find them helpful and maybe even inspirational. Cheers!
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With a minor in LLC you will gain the ability to communicate in another tongue but also to appreciate diversity and interact successfully across cultures.
The skills and values that come from increasing your intercultural fluency will make you stand out in a crowd.
A minor also allows you to supplement your resume for jobs in government, education, business, international work and many other professions.
With a minor in LLC you will gain the ability to communicate in another tongue but also to appreciate diversity and interact successfully across cultures. The skills and values that come from increasing your intercultural fluency will make you stand out in a crowd. A minor also allows you to supplement your resume for jobs in government, education, business, international work and many other professions.
in
LLC
LLC offers departmental and interdisciplinary minors in Spanish, French, German, Chinese, Japanese, Italian, Russian, Arabic, and American Sign Language.
Departmental Minors
Spanish
French
German
Chinese
Japanese
Spanish Minor at CSU
Why Spanish?
Spanish is one of the world’s most spoken languages—with about 500 million speakers. It is spoken in 44 countries, and the official language of 20 countries. In 2015, the US became the second-largest Spanish-speaking country and is projected to become the first by 2050. The Spanish-speaking world boasts diverse cultures and literatures, from masterpieces of art, Nobel prize winning novelists and a rich popular culture. The mixing of different cultures, brought about by the violence of colonialism, makes the cultures and histories of Latin American countries and Spain, a fascinating and complex area of study: from the Roman and Arabic influences on the Iberian peninsula to the different indigenous, African, and European cultures in the Americas.
Why Us?
Our minors, majors and master's program in Languages, Literatures and Cultures (Spanish) as well as the interdepartmental minor in Latin American Studies allow students to immerse themselves in the Spanish language and its cultures and literatures. The degree prepares students for careers in education, media, the economy, the government, the nonprofit sector and international work. See what our alumni are doing.
The Spanish program features faculty with specializations in applied and theoretical linguistics, language pedagogy, translation, peninsular Golden Age theater and poetry, colonial literature and contemporary Spain and Latin America, especially the literatures and cultures of Mexico, the Caribbean, the Southern Cone, and Central America. Course offerings include a wide range of language classes, classes in linguistics, translation, Latin American literatures and cultures, Peninsular literatures and cultures and Transatlantic studies. New courses are added every semester.
Students can practice their Spanish in class, at the regular Spanish Club meetings, El Centro, and our many study abroad programs. And get in touch with the latest research findings at the Departmental Lecture Series, the Graduate Showcase and other events on campus. Students engage with the community through the Bilingual Storytime in cooperation with Poudre River Public Library District and internships at local organizations.
Spanish Checksheet
French Minor at CSU
Why French?
French is spoken by 125 million people and is the 1st and 2nd language in 49 countries. It is also the 3rd most second language learned in the world. It is truly a strong professional and cultural language to work or travel abroad or even within the U.S. with over 4,600 French companies conducting business in this country. Canada is also the 1st US export partner and the 2nd US import partner of the U.S.A.
French, along with English, is the official working language of The European Union, The United Nations, UNESCO, NATO, and the International Olympic Committee. The French economy is among the strongest in the world. France is very advanced in science and technology and also plays an international role in medicine. France is the top worldwide tourist destination. France is intertwined with American history, while French culture, literature, arts, and philosophy continue to influence the US. Many graduate schools require knowledge of a second language, and French is considered very valuable in all fields. Additionally, the Peace Corps gives priority to French speakers.
Why us?
We offer a comprehensive range of undergraduate and graduate courses in language, French and Francophone literature, culture, linguistics and French for specific purposes (Business, Translation). The Department awards a B.A., a Minor, a Teacher licensure and an Master’s in French.
The French program features faculty with specializations in applied linguistics, language pedagogy, and Francophone Cultures and Literatures. Course offerings include a wide range of language classes, classes in linguistics, translation, and French and Francophone literatures and cultures.
Students can practice their French in class, at the regular French Club meetings and our many study abroad programs. And get in touch with the latest research findings at the Departmental Lecture Series, the Graduate Showcase and other events on campus. Students engage with the community through volunteering at Global Village Academy and with the World Languages Story time sponsored by the Poudre River Public Library District and internships at local organizations.
CSU also offers summer, semester, and year-long exchanges to France and Francophone countries and also sponsors a summer internship in Bénin, West Africa.
French Checksheet
German Minor at CSU
German is the most widely spoken language in Europe, the official language in Germany, Austria, Liechtenstein, and Switzerland, and is commonly used as a second language in the emerging markets of Central and Eastern Europe. The German economy alone ranks number one in Europe and number five worldwide, and Germany is home to numerous international corporations. German language skills can help towards employment with companies having global business connections.
At last count, 91 Nobel Prizes have been awarded to recipients from the three major German-speaking countries, both in the sciences (Physics, Chemistry, Medicine) and in the humanities (Literature, Peace). As such, German is relevant to such diverse fields as History, Engineering, Music, Art, International Studies, Business, and Philosophy – to name only a few. Germany awards generous scholarships for study and paid internships in Germany to those who possess some German language skills.
Both German and English are Indo-Germanic languages, affording students a ready grasp of the language, while simultaneously gaining a deeper understanding of English. Imagine reading the likes of Kafka, Freud, Goethe, and Wittgenstein in the original! Studying a language like German will also allow a unique viewpoint upon one’s own culture and history, and it can provide opportunities to interact with all those German tourists across the globe – Europe’s most generous spenders when traveling (and trailing only China and the US on the international stage).
Why Us?
Students can receive a B.A. degree with a major in German (Major check sheet), taking a variety of courses in language, literature, linguistics, culture, and practical applications such as Business German or translation. It is also possible to supplement a primary major with a minor (Minor check sheet) in German, thus diversifying one’s dossier for careers in government, education, business, and international work. Students wishing to pursue a career in teaching German may complete a teacher licensure to become certified K-12 teachers of the language in the state of Colorado.
The German faculty specialize in a variety of sub-fields, including 19th through 21st century literature, German film and other artistic phenomena, social-political and -cultural history, and linguistics and translation.
Many of our students pursue a semester or a full academic year of study abroad in Berlin, Bamberg, Lüneburg, Salzburg, and Vienna. There are additional opportunities for summer study abroad.
German Club is a vibrant, active group of students who share an interest in German language and culture, and who meet regularly and organize a variety of cultural events on campus and in the community. Join us for our annual “Wanderwochenende”, for example, pictured in the photo gallery above.
German Checksheet
Chinese Minor at CSU
Why Chinese?
Nearly 1.3 billion people (around 16% of the world’s population) speak some form of Chinese as their first language. Mandarin Chinese is one of the six official languages of United Nations. China is the second largest economy in the world leading in exports and coming in second for imports. It is likely that more than 50% of what you own is made in China. Whether hiking in the Grand Canyon or walking on Fifth Ave. in New York you will meet Chinese people! US is the top desalination for Chinese tourists. Wouldn’t it be useful for you to speak some Chinese?
Why Us?
The CSU Chinese program offers a minor upon completing four years of Chinese language study. The goal of the program is to integrate the four language skills of listening, speaking, reading and writing. Quite a few students participate in CSU study abroad programs either short term or year long. Credits from the accredited universities can be evaluated and transferred back to CSU. For new students with elementary Chinese language background, you can take verbal and reading placement tests with the Chinese program instructor to decide on the level of course to enroll. Please note that heritage students can only enroll if Chinese is not your native tongue.
One reason to take Chinese at CSU is that the Chinese Club is an energized student club hosting various events. Follow the Chinese Club.
Japanese Minor at CSU
Why Japanese?
Japan continues to be recognized as one of the world's leaders in the global arenas of economics, politics and renewable energy. Studying Japanese is a wise career-building strategy. Many CSU alumni with a Japanese minor have been hired by well-established companies such as Woodward, Sumitomo, Mitsubishi, Oppenheimer Funds, etc. because of their Japanese language ability. More and more Japanese companies are hiring non-Japanese who are fluent in the Japanese language.
The study of Japanese language offers unique insights into Japan's fascinating national culture. Studying Japanese greatly enriches the study of Japan's national culture, which boasts a rich heritage in the fields of native craftsmanship, performing art, visual art, music, film, and food.
Learning Japanese helps students gain an enhanced perspective of their own language and culture.Through studying Japanese, students have an opportunity to compare Japanese with their own language and culture. Many aspects of their own language and culture are more appreciated when students realize the differences and similarities among different cultures. Moreover, students of Japanese become eligible for opportunities to travel and/or study abroad.
Studying Japanese builds brain power! Once you study Japanese, you can handle any foreign language. This goes beyond being able to order sushi in style! Study of a challenging foreign language like Japanese fosters key analytical and critical thinking skills. Learning to write Japanese characters not only improves observation skills and dexterity but also stimulates the front cortex. For Westerners Japanese is the most difficult language among less commonly taught languages.
Japanese language education in the world continues to grow. In the US, 4.2% students population that is learning a foreign language take Japanese. According to a survey by the Japan Foundation, in 2012 a total of 3.98 million people in 136 different countries/regions were studying Japanese, up 9.2% from 2009.
Japan is increasingly emerging as a point of origin for American pop culture as anime, manga and other Japanese cultural exports hit U.S. airwaves and store shelves: “In cultural terms… Japan has become one of a handful of perfect globalization nations (along with the United States ). It has succeeded not only in balancing a flexible, absorptive, crowd-pleasing, shared culture with a more private, domestic one but also in taking advantage of that balance to build an increasingly powerful global commercial force. In other words, Japan 's growing cultural presence has created a mighty engine of national cool.” (Douglas McGray, “Japan's Gross National Cool,” Foreign Policy Magazine, June 2002).
In summary, for students, studying Japanese can be an asset in the job market, a spur to personal and intellectual growth, a source of increased self-esteem, and of course an enjoyable experience. Nihongo o benkyo shimasho! (Let's study Japanese!)
Japanese Checksheet
American Sign
Russian
Italian
Application– Are you interested in child development? As a career or in your own family? ASL gives children language, a way to communicate before they can express themselves verbally.
Cognitive benefits- ASL uses a different part of your brain and increases synaptic connections. Bi-modal bi-lingual competencies (google it!) enriches and enhances cognitive processes, higher abstract and creative thinking and MORE! This is your brain on ASL…
Cultural awareness- There is a fascinating Deaf culture! The general public is unaware of the richness of Deaf culture and history. Promote cross cultural understanding in YOUR community!
Diversity– TEN percent of Americans are Deaf and Hard of hearing- with your ASL skills, you can communicate with those 28+ million people.
FUN–Sign with mouth full, teach your friends ASL- tell secrets in public, communicate underwater and through windows!
Human connection– The 4th most non-English used language in the United States! Join the Deaf education revolution that connects two groups of people.
Improves (all) communication and listening skills– ASL is the 4th most studied modern/foreign language at colleges and universities in the U.S. according the Modern Language Association-it’s easily the fastest growing language offered at colleges nationwide. ASL improves receptive abilities visually, and incorporates kinesthetic expressive language skills.
Language acquisition– By exposing your child to sign language as an infant, the National Institute of Health states that by age 8 your child will display up to 12 IQ points higher than non-learners of sign!
Marketability– Conversational in ASL-excellent skill to mention on your resume!
Image Information: Rourke, Nancy. HandEye. 2013, used with permission from the artist.
Russian combines well with many other disciplines. Business and Russian would open up the world of business opportunities; Biology and Russian would allow you to study unique places like lake Baikal or Vasuygan Swamp, largest in the northern hemisphere. You can consult in your field of study including marketing, advertising, aerospace, and computer engineering.
Speaking Russian opens a door to a better career. It gives you a professional edge and proves your intellect. With the knowledge of Russian and Russian culture you can work in business for American and Russian companies, work for non-governmental organizations or for media. More and more companies seeking qualified employees who can speak and write in Russian.
Russian is a language with a rich cultural heritage, the culture of Tolstoy, Dostoevsky, Chaikovsky, Rachmaninov, etc. Russian language also ranks with English and Chinese as one of the three most significant world languages as 28% of the world’s scientific literature is produced in Russian.
Russian is the key that opens up one of the most important economic, political, and cultural areas of the world. It opens up the largest country of the world and one of the largest produces of natural gas and oil in the world.
Simply because you want to! Imagine walking down the streets of Saint-Petersburg on one of the white nights, wandering around royal palaces or crossing the snowy Red Square on your way to one of the local cafes to meet your Russian friends.
Why Us?
At Colorado State University we know that the reasons for studying Russian language and culture are as unique and diverse as you are. As regions of the former Soviet Union spread their political and economic wings, the number and variety of career paths available to students of Russian language and culture is constantly expanding. On any given day, in fact, you can find dozens of nurses, farmers, business professionals, artists, teachers, construction workers, funeral parlor owners, adoption workers, missionaries, entertainment entourages, athletes and school children traveling between the US and the countries of the former Soviet Union.
Stop waiting to learn Russian! Get started this semester!
A variety of motives lead people to choose to study Italian language and culture.
As a language that derived from Latin, Italian gives students in medical/scientific and legal fields valuable insight into the root words and meanings of common terms in their respective disciplines; most anatomical/scientific and legal terms have close relatives in Italian, such as, arteria, vertebra , stomaco, intestino, ibrido, mercurio, tribunale, ipotesi, legale, giudiziario…
Artistic fields have drawn much from Italian culture, so the areas of music, visual arts, poetry, culinary studies, all have been beneficiaries; that gives currency to words like allegro, crescendo, orchestra, basilica, terra cotta, cupola, stanza, ottava, terzina, spaghetti, tortellini, cannoli…,
Modern Italy was one of the founding nations of the European Union and is a member of the G20, the group of some of the most industrialized nations in the world; thus, Italian is an important language of commerce in fields such as Formula 1 car racing (e.g., Ferrari), fashion and design (e.g., Armani, Gucci, Damiani, Natuzzi,), and the food industry (Barilla, Bertolli).
Italy is a popular destination because of its immense variety—rocky, sandy, and cliffside beaches, rolling hillsides, the Alps and Apennines, fertile plains, cities steeped in architectural and artistic history, and a culinary inheritance as regional and wide-ranging as the people who inhabit the Italian peninsula; further, it has been estimated that 40% of the cultural riches of the world reside in Italy.
Many people study Italian because of its melodic, musical sound; because it is a phonetic language, Italian pronunciation is relatively easy.
In some ways, as Chaucer is to English, Dante is to Italian: both writers gave these once marginalized, “vulgar” languages a place of honor within their literary canons and vaulted them into positions of respected status. For Italian, that status was further cemented by literary masterpieces by Petrarch, Boccaccio and others.
Unlike Latin, Italian is a living language with antique and modern traces, spoken today by almost 200,000 people as a first or second language; as such, it is a language of interest to travelers who desire to be more than tourists.
Italian is the fourth most studied foreign language in the world.
Italian is a language and culture studied for many reasons, including discovering more about one’s heritage. After thorough study, students can also decide to work or study in Italy, teach Italian, become tourist guides, interpreters, or translators.
Italian Checksheet
Why Arabic?
Arabic is spoken natively by over 400 million people across the world, making it the fifth most widely spoken language. It is also an official language of United Nations (UN), World Bank (WB), International Monetary Fund (IMF), International Olympic Committee (IOC), Inter-Parliamentary Union (IPU), and many other international organizations. Arabic belongs to the Semitic language family, and its contribution is evident in many languages. Highly frequent English words like ‘alcohol’, ‘algebra’, ‘cotton’, ‘soda’, and ‘sugar’, are all derived from Arabic. Similar considerations apply to Persian in which nearly 50% of its vocabulary comes from Arabic. Since Arabic and Hebrew are related linguistically, they also share numerous linguistic concepts, including morphological, phonological, and semantic. With that being stated, learning Arabic can be a bridge in learning other languages spoken in Middle East and Africa. Additionally, learning Arabic allows you to communicate with millions around the world along with gaining profound insights into the political, cultural, historical and religious values of the Arabic-speaking countries. It is also a key to innumerable employment opportunities in the public, private, or non-profit sectors. Now more than ever, there is a much greater need for workers who are versed in Arabic to serve in journalism, business, foreign affairs, research, intelligence, medicine, education, and many other fields. With less than 1 percent of students studying Arabic in the States, learning Arabic will definitely help you to be distinguished among job applicants.
Why Us?
The Department of Languages, Literatures, and Cultures follows a communicative approach that integrates reading, writing, speaking, and listening, as well as functional and structural skills. Instruction is provided in Modern Standard Arabic, which is a key in facilitating communication regardless of regional dialects. Three levels of Arabic are offered for students with a wide range of academic backgrounds and abilities: beginning, intermediate, and advanced. Students with no background in Arabic should register for LARA 100, which is offered each Fall. Students at more advanced levels can request independent studies. Besides working to improve our students’ linguistic and communicative competence, we provide courses that will acquaint them with the cultures, religious heterogeneity (Islam, Christianity, and Judaism), political systems, media networks, economics, and literatures of the Arabic-speaking countries. Lastly, our students benefit from Arabic language partners, language-computer lab, skilled tutors, and a rich variety of cultural events organized by CSU Arabic Club, including movies, cooking workshops, and field trips.
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When you talk about iconic sneakers, the Converse Chuck Taylor All Star has to be one of the first that come to mind. The silhouette is now more than 100 years old, easily withstanding the test of time, a testament to the quality of its design, materials, and just sheer swag. But, like with many things in life, there comes a point when a little rejuvenation couldn't hurt. Enter the "CX," an overhauled version of the Chuck Taylor All Star that Converse claims is an improvement of fit, form, sizing, and function, thanks to new materials that are designed to make the sneaker the most comfortable it's ever been.
The OG lives on — Although the original Chuck Taylor, which has remained largely unchanged for over a century, isn't goin anywhere, Converse hopes that its CX line is here to stay. The brand, which is owned by sportswear giant Nike, says the reimagined Chucks will influence the future of its footwear — all while staying true to the timeless DNA of the All Star.
So what's new in the CX Chuck Taylor? Well, according to Converse, the key lies in three material innovations. That includes the CX stretch canvas, which lets you get the shoe on and off easily; CX foam, a lightweight midsole that makes the shoes feel less like a tank (although they look more like it); and, most importantly perhaps, there's the new rubber outsole design, which makes the back of the CX Disrupt Chucks (pictured here) look like they're wearing a Daft Punk helmet.
Looks with comfort to match — Before I tell you more about how it feels on feet, let's get this out of the way: If the Disrupt is too extra for you and you'd rather have a more traditional aesthetic, Converse also has the Chuck Taylor All Star CX. That model features a familiar, OG upper that's been upgraded with a new stretch canvas, CX foam, and a transparent housing that covers the midsole and wraps around the toe area.
My first thought when I put on the Disrupts was how easy it was to slide my feet in them. Those of you who have worn the old-school Chuck Taylors know the struggle it is to get those on, especially with the high-tops. Thankfully, that's not the case with the 2020 version, and that's the problem Converse was trying to solve with its CX stretch canvas. Taking them off was an easy task, too, and that's definitely I detail I appreciated instantly.
Personally, I'm into the futuristic look of the Disrupt CX, but I can understand why some people would prefer the model based on the original Chuck. You can't go wrong with either one, though. And if you're style calls for a low-top sneaker, fret not, as there's the new Chuck Taylor Disrupt CX — which has all the same materials as its boot-esque sibling.
A new era for Chuck Taylors — Look, it's hard to reinvent a classic, but Converse is doing it for the sake of your comfort and durability. Chuck Taylors are already known for lasting forever — my wife, who's in her early 30s, still wears her pair from middle school — and these new materials and technology should only improve on that notion.
After the major flop that was the Chuck Taylor All Star II from 2015, the brand knows firsthand that making the CX a success won't be an easy task. But the Disrupt along with the rest of the CX line, including a collaboration with TakahiroMiyashita TheSoloist, seems promising. Yes, the Disrupt CX I'm wearing right now may make me look like I'm from the future, but that cyperpunk mood is exactly what all of us need right now.
The Disrupt CX drops on Converse.com on March 19th for $120, and other retailers worldwide, where it will be available in a slew of monotone colors that Converse claims are intended to evoke "memories of comfort." They certainly don't hurt my feet, so that's a great start for the CXs.
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Today, March 2nd, HB51 is being heard at the Roundhouse. Please spend this time in prayer to help the Senators on the committee see the immorality of this bill.
Also, please take note of two new PRO-LIFE bills HB600 and HB608 will be voted on Tuesday. Our presence, prayers, and calls to our representatives positively impact the passing of these life-saving bills. Continue to subscribe and follow New Mexico Alliance for Life for key updates.
And drum roll please! We would like to unveil to you our new logo for Project Defending Life. Thank you all who gave input and direction. We’d like to specifically thank Gary Ryder from Bright Ideas who was the lead graphic designer of our logo. As we dedicate ourselves to cultivating a culture of life in New Mexico and ending abortion, we felt nothing could be better than the Holy Family image which embodies the values, strengths, and commitment we hope to inspire in our community and the families we help.
Last Friday, PDL and Alongside Ministries hosted a pro-life organization meet and greet. We are extremely thankful for all who attended. More than 18 organizations attended and we anticipate hosting more of these events. The unity and collaboration from events like these keep our cause strong and effective.
The season of Lent is upon us which means our 40 Days for Life Campaign begins next Wednesday, March 5th. Packets have been mailed to churches. If you want to lead your church in our prayer campaign to end abortion, please contact Dominique for more info.
Finally, we are looking for volunteers! If you think you can fulfill any of the below roles, please contact us.
Social Media Communications includes managing and promoting social media accounts in cooperation with our marketing strategy goals.
Pro-Life Outreach Coordinator(s) will assist the President and Community Outreach Director with organizing, promoting, and recruiting participants for pro-life events like 40 Days for Life and the Jericho Walk.
Receptionist(s) will welcome clients as they come to the pregnancy medical clinic, make sure forms are completed, entered, and filed, schedule appointments, and do basic office work. Client Advocacy training will be required and provided by PDL.
Spanish-Speaking Client Advocates will assist clients who are Spanish-speaking in our services, from pregnancy testing, options consultation, to case management. At this time, we are not seeing a high-volume of Spanish-speaking clients and so this will be an on-call position for a designated day and time-frame. We are looking for 10 volunteers to commit to 9-12:30 or 12:30-4 on any given day, Monday through Friday. Client Advocacy training will be required and provided by PDL.
Weekend Cleaners will do basic upkeep of building such clean bathrooms, sweep and mop floors, and vacuum.
Thank you for reading this extremely long email! A lot has been happening and we appreciate your prayers and support. Your Servant in Christ, Dominique Thank you for our Galentine’s Day Sponsors.
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ABOUT US
PDL is a Catholic umbrella ministry in New Mexico that sponsors many pro-life ministries, with a special focus on ending all abortions.
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When the time comes to move a machine or system, Precision Rigging Company will ship or rig your equipment into place with care and expert ability.
The finishing market is so specialized that it requires an engineer and sales associate that are knowledgeable enough to provide the customer with a solution to their coating needs.
SMC Auctions
SMC has an extensive background in the buying, selling and appraisal of industrial and commercial machinery, which provides us with a large breadth of experience in the valuation and marketing of equipment.
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February 8, 2014 By Sarah in Fashion, General, What I am Loving! Tags: bag, Bellarine Peninsula, cross-body bag, Lumbi, sling bag, The Melbourne Shop, What I am Loving
Back in January, we visited The Melbourne Shop and I had a bag designed…thought you might like to see the wonderful end result!
Those of you wondering where these places are…they are located on the Bellarine Peninsula…one of which where I love to spend as much time as possible!
I am always happy to buy Australian made…and support local businesses…all Lumbi’s products are made in Yarraville, an inner west suburb of Melbourne.
The design has a handy feature which I like in a bag…an outside pocket…good for putting my keys so they don’t get lost..
I like how it has a black back on it as it means I can wear it with jeans and not worry about it turning blue with dye transfer!
The care label says it can be hand washed in cold water, and does recommend using fabric protector on both sides.
To give you an idea of size of the bag, here is a shot with my iphone and my ipad mini….actual dimensions are 25cm high by 22cm wide.
And although I hate getting in front of the camera…here is me trying to be a model…yeah right…..and testing out my new sunglasses ….in 37C heat…crazy woman…
I like the fact it has a strong strap that can be lengthened enough for me to wear the bag cross-body style.
It will be a great little bag to use when I just need to take a few things…which actually means alot as I always carry my iphone, ipad, glasses and at least one camera…but I wouldn’t want to be bulking it up too much as it would be uncomfortable to wear, so the aim would be to stick to the essentials!
I am very much loving my very own Melbourne Shop bag…it has my favourite places to hang out on it, and it is made right here in Melbourne!
If you want to get your very own Melbourne Shop bag, or a cushion, a clock etc etc, get yourself to the Melbourne Shop in the city, or you can shop online.
The Melbourne Shop is located at Shop 2, 8 Drive Lane, Melbourne 3000 (laneway behind GPO and Myer).
Hours are Mon- Weds 10.30am – 5.30pm, Thurs – Fri 10am – 6pm, Saturday 10am – 5pm and Sunday 12noon to 4pm (except public holidays).
Click here to visit the Lumbi website!
My name is Sarah, and I have created this blog to share thoughts and experiences as I journey through life!
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When I first gave my life to Christ, I felt so incredibly clean, new, and fresh; it was truly like being born-again. My old life was washed away and I was a babe in Christ. Then, as I devoured His Word, reading, meditating, and...
Posted by jempie | May 19, 2020 |
My favorite president, Calvin Coolidge, once said, “The business of America is business.” Today, during the coronavirus pandemic hysteria, he must be spinning like a top in his grave. Two weeks into our war with an invisible...
Posted by jempie | May 19, 2020 |
In the last few months inanimate temples made with the hands of man have stood empty, but the living temples of our souls are full. Acts 17:24-27 says, “God that made the world and all things therein, seeing that He is...
Everyone Knows
Posted by jempie | May 19, 2020 |
In 1931, G. K. Chesterton, a widely known English journalist, debated Clarence Darrow, the famous atheist who supposedly defeated religion at the Scopes Monkey trial in 1925. During the debate Darrow emphatically declared,...
Posted by jempie | Apr 7, 2020 |
My last few articles came from deep pain, old traumas that reappear and force me to deal with them, or the challenges of trying to navigate a world without some of the crutches I have previously relied on. But honestly, I have...
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I finally planted asparagus today. It’s a presumptuous undertaking as you can’t cut or harvest the crop for two years. I have thought about doing this for many years, long enough that I could be replanting a worn-out ten-year-old bed tonight. Instead, I’m just getting going because you can’t do it all, fulfill every dream in your head, and asparagus has been on my backburner for…a while.
I remember telling someone, ten, no twenty years ago that I was considering becoming an asparagus farmer. She was impressed, and saying it aloud made it more real. I was trying it on, at least.
But one thing and another. I went back to college got a degree, then another. Not in asparagus farming. Now I’m retiring from that career, the one I went to college for. And first thing on my list, before the bad art is off the wall of my former office, I’m mucking in the mud spreading out the plants, “like mop-heads,” as the guy at the nursery told me.
Before the asparagus, I was clearing out my office and I left. Just left in the middle of the day. It’s not like they can fire me now. I left and went to the nursery and bought forty asparagus plants. The plants were male and female. I figured I’d take some of both because I know what happens when those two get together. If you’re in doubt…that I know…read my last article here called, Motherhood.
I’m trying to build an asparagus bridge to lead me from one solid place in my life to another, different place. One where planting has to be as important in scope as saving the planet has been for the past decade. At least in my own pointy head.
May
I wasn’t ready to be a mom. I didn’t particularly like children, and maybe that was because in so many ways I was still a child myself. But the doctor told me with the tone of voice he probably used to tell people they were terminal.
“The test was positive,” he said.
Yes, my head exploded, but that was my internal response. I was angry this guy would have the nerve to decide my child was some kind of tragedy. Granted, in hindsight he was viewing the ‘pregnancy’ as a tragedy because I’d already told him I wasn’t married. Big scandal back in the day. But something got forged in me right in his office. His F. D. R. Infamy-Speech-voice, the one used to address the bombing of Pearl Harbor, made an instant woman out of me. More than the act of procreating had. This stranger had cast aspersions on the idea of my child existing! And that ticked me off like a spring mama bear.
So I blew a Bazooka bubble and let it pop really loudly. That only garnered more alarm, and disgust on the doctor’s face. If he wanted proof I’d make a horrible mother, he seemed to have it.
“Okay, thanks,” I said gathering the gum off my face and standing.
“Wait a minute,” he said, “what are you going to do?”
“I’m…going to go home,” I said.
“Do you have a supportive family?”
That did make me smile. “Oh, sure,” I said, the room tilting slightly as I imagined my WW2 PTSD father’s angry face.
I got out of there lickety split, as if some distance would put the pregnancy thing on hold so I could throw up in Catholic-girl peace.
That evening I told my boyfriend.
“It’s not an ulcer?” he said.
I’d hoped it was an ulcer as my dad had one and who knows…it could run in the family.
“Not really,” I said.
“Well,” he said, “there goes my new ten-speed.” He’d been saving his money to get a new bike. As in bicycle. He was a Junior College art student and campus was only two blocks from his house, so you see the sense in it.
I felt relieved that he planned to stand by me. I knew we were in love, but beyond a couple of fights where I stormed home dramatically and he followed me in his mother’s Ford and begged me to get back in the car, which of course I did after he was sufficiently punished for not…calling me or whatever, our love hadn’t really been tested.
And that was forty-five years ago. I talked to her this morning, that little bundle of joy. She’s kind of formidable, running things all the time, and the mom of five boys. She’s kind of the most wonderful creature God ever made.
My boyfriend would get me pregnant three more times. But he’d be my husband by then so Dad didn’t take it so hard. Not like that first time when he sat at the kitchen table with his face against the formica and his hands just hanging.
I learned something then, it’s not over until the fat lady sings. Today’s biggest disaster can be tomorrow’s greatest blessing. When my oldest is in town, she visits my dad. She pulls up close to him, knee to knee and tells him about her life. And he smiles the whole time.
May
CCA (Cellphone Abusers Anonymous) Meeting One, Possibly the Only Meeting
Moderator–“I now call the meeting of CAA to order. I’m glad you are all here, making this decision to own your addiction and hold yourself accountable to one another. Martin…could you put your phone in the bucket, please? You know the rules.”
Martin–“But…I just got twenty hits on my blog and there’s a comment!”
Moderator–“Bill, get the dang thing out of his hand.”
Bill, a bouncer at a club, grabs Martin’s arm and wrangles with him a bit.
Moderator to Bill–“Don’t…break his..,” the phone crashes to the floor in three pieces, “…wrist.”
Martin drops to his knees as he holds his wrist and the remnants of his phone and whimpers.
Moderator–“Sorry it had to come to this, buddy. But your defiance hurts my progress.”
Rest of Group repeats out of sync with one another–“Your. Your. Your. Defiance. Your defiance. Defiance. Hurts. Hurts. Hurts my. Defiance hurts. My progress. Progress. Hurts Progress. Progress. Yada-Yada. Progress.”
Bill crawls back onto his chair.
Moderator–“Okay, we’re here to support one another. Remember. We’re not here to judge. This is a place where you can share where you’re at. Go for it.”
Bill: (Clears throat). “Yeah I ah…I sat in that crack between the toilet and the tub last night and…I texted. Twenty-six times.”
Some tittering and clearing of throats.
Stan whispers with some amazement: “I could never sit in that crack. I for sure couldn’t get out if I got in.”
Tony: “In his crack?”
Moderator: “No crosstalk, Martin, Stan, Everyone.”
Moderator to Martin: “This is share time, buddy. Words are meant to build, not destroy.” Then, “Go on, Bill.”
Bill to Martin: “Least I didn’t bring my phone into the meeting, dude!” Bill’s pocket explodes with “Puppy Love,” by Donny Osmond. Bill crosses his arms over his lap and rocks forward, says to Moderator, “Sorry, Uncle Bob. I didn’t mean to.”
Martin stands and points at Bill, “Hypocrite!”
Bill looks up at Martin, still rocking, “I didn’t know! I thought I’d left it in the car! I was rushed this morning, man. I took my sinus meds and they mess me up!”
Martin, outraged, looking from Bill to Moderator: “Excuses build bridges to nowhere! Excuses, man! Let me get his phone! I’ll rip it..!” Martin takes a step toward Bill.
Moderator: “Time out! Martin, take a seat. Bill…” Moderator stands, hand out for Bill’s phone. Bill leans back to dig the phone from his pocket.
Martin slowly takes his seat. “Oh, nice. He practically breaks my wrist and I can’t even… Nepotism. Or something.”
Moderator looking around the circle. “Anyone else?”
Several hang their heads as they move to dig phones from various hiding places on their persons.
Moderator looking amazed and angry. Last one to put his phone in the Moderator’s now full hands whispers, “We’re not here to judge.”
May
What I don’t like about now is not the sounds of protest, but the tactics employed to protest. When my issue becomes more important than the greater good than being a caring, compassionate human, then I’m driven by self-centeredness, and there is nothing noble in that. And yes, you will cite some examples of protests that raised holy heck and achieved great things. Still, the philosophy remains the same. We must, in the United States of America, care about everyone, even as we instruct others in a better way. When you attack me, I can no longer hear you.
There is always plenty to squawk about. There is always unfairness and injustice. Thankfully, we live in a country where the right to say, “No way!” is protected by the constitution. We must remember we are modeling ‘life,’ what it means to be human, to the generations behind us.
The idea behind peaceful protest can’t become novel in today’s world where social media often becomes a duck blind—something you hide behind while you shoot safely at the ducks.
Now, you’d be a fool not to take advantage of the potential of this great platform called the world-wide-web, but using it as a duck blind is often the path of bullies and cowards. Perhaps we have become drunk with power! When has the common man had such an opportunity? Finding a voice is a fundamental human need, and having a shot at being heard is headier than a dose of a powerful drug. And so, this opportunity can become a drug and must be used responsibly even as we’ve all become addicted to it.
We are clamoring to be significant. Our parents might have gotten it wrong, and some of us have deep wounds. Along comes a cause and we flume onto it to right all the wrongs—in ourselves! And too often we do that by leveling a howitzer of words at one another, forgetting we are human!
Use your voice for good. Use your voice to build humanity. Whatever you believe about human origins, human beings are sacred. If you don’t remember that, then I can’t entrust my children to your world.
I give humans the holy dimension of sacredness because a life is a tremendously important, multi-faceted being connected to and valued by many others. When you hurt someone, you are operating out of your hurt. You are spreading hurt. Your goal is no longer the cause you hide behind. Your pain has taken over.
We’re here to give life to one another. We’re here to challenge one another to value life. We’re here to listen and learn and direct one another to a better way.
Protest. People died to give us the right. The right to protest. Not to piss on one another, to cheapen and devalue humanity in the process of stating a belief or opinion. Not to become a new type of oppressor.
May
I have a dream about how it could be for authors. Mostly my dream is for helping and supporting Indie authors, but my dream works for all authors, too. The dream is co-operation. The dream is me, not making money off of you, my fellow-struggling authors. Rather, I’d like to make a fair wage for my labors from readers. My dream is authors helping authors by pooling their resources.
Our competition is not one another. We are competing with ourselves. Our last book. How to make the next one better. How to keep growing and going as an author?
My idea is author cells. Not just authors being a member of a big endlessly growing group, but letting that bigger group be broken into smaller groups of twelve. They could be broken down by genres or by fiction or nonfiction. And, an author is not limited by participation to one cell. An author can decide how much work she or he has time and ambition to do. But it’s one book you’ve written per cell. You commit to the other eleven authors in the cell. You agree to read one another’s title via gifted pdf or direct purchase of an author’s book (1.99 or less) and review on Goodreads and Amazon. If you want more from one another, you negotiate that in the cell. For instance, you may also agree to tweet one another’s title, or post it, etc. And why not? You agree in the cell. But you need to be serious and ride it through until you’ve read and reviewed all eleven books. And then you are ready to receive eleven reviews. If you have multiple titles, it’s one title per cell. Those of you more driven can take on as much work as you want. No more waiting for your turn or a special event in a big group. These are small, productive, tit for tat groups within a larger group. We work for one another’s success as success comes back to us.
We have started the first cell here: ttps://www.goodreads.com/topic/show/18600327
It is generosity and other-centeredness bringing good things back to yourself. I believe in that principle for life and it’s no different as an author. I welcome your comments.
May
How’d you like to face this everyday! Write, she says. Write! Write! Rewrite!
May
I live in a small town. I do the thing where I try to support local business. But I avoid our license renewal facility at all costs. Now that I can, I do it all online. But then, they mailed me that funky temporary sticker and I had to go in.
So I go in and for a couple of decades…three, I take the number from the old hanging numbers thingy and sit myself down to wait and grow old. It’s three workers, one customer at the counter, one in the seats besides me.
Two workers–youngish, and youngish and intimidated, are without customers but shuffling around behind the counter looking pensive so I think…okay. It’s a sitcom I live in. So chill.
Now ‘youngish and intimidated’ finishes shuffling paper and she looks up and calls out the next number. But guess what? Guy in the chairs who was there before me didn’t take a number like me, the smart winner that I am. But it’s all good. I tell him, “You were here first. Go on.”
He’s very grateful and I think I sent a good message to the whole place. We CAN all get along!
So dude goes up and youngish and you-know-the-rest is helping him out.
Now dude two comes in and he doesn’t take a number, but he stands at the end of the counter. And big hair, which is the third worker, the older one, she finishes with her dude and she says, “Next!” And I stand up, number in hand, and she turns to new dude who stands at the counter and says, “Can I help you?”
I say, “I was here next. I’ve got a number!” I say it kind of firm, I admit.
“He’s in line,” big bit…hair says to me pointing at this big sign over dude that says four or forty things, one of which is ‘form a line.’
I have never read that…sign, but I’ve always taken a freak…in…number. Now here’s where that amazing I. Q. kicks in. I say, “Your co-worker just called out a number and you say I have to be in line, now I’m confused.” I sound like Jack Nicholson, I think. No, I do!
And she makes no eye-contact. She grins and keeps looking down. “You stand in line here,” she says.
Dude at the counter says to me, “You go on now. You were here first.” He’s got his hands out like I’m that crazy junk yard dog.
So I step up there, my eyes watering from the heat coming off my face. I’m doing my Lamaze breathing and if you don’t know what that is you’re too young to be reading this. I was a furious beast.
“They sent me the wrong sticker,” I say. I don’t sound like Jack anymore. Jack’s mom, maybe.
She says, “Oh, you’re going to get a new license plate!” Like goodie, goodie. “Let me show you those pretty new plates,” she says.
I mumble, “No. No.” But she’s got the co-workers looking for the plates now and I’m saying, “I don’t want to see…to see..,” and finally I get my act together and I say, “I don’t want to see them!”
And hair ignores me and finds one of those plates carrying on like she won the Illinois Powerball. She shoves it under my nose and I jump like it’s an arm she just dug up out of the garden.
The other day I heard the state of Illinois is recalling those plates. Nobody likes them. In some sick way…it made me smile.
May
Writing and No Garlic or Chapter 2 on Writing and Garlic
What I was going for in that last blog was a piece about writing. I got to thinking and garlic seemed like the perfect connection to the process of using words. It made perfect sense for two minutes. Then I started writing and I got into thinking about garlic–garlic chicken mostly–and I forgot what garlic had to do with writing.
I still can’t remember. So I wanted to say that, and this–about writing.
I don’t know a thing about it. When I was eighteen I did. But then I knew everything. Now…nada.
I know you must do it. Simply do it. I know you can’t think your way to it, you have to do it. Write.
I know I spent years rewriting. I don’t do that anymore. You might say I should return to that practice, but I’m telling you much of that rewriting was insecurity.
I’m still insecure. But I can’t fight that on the page. That comes later. In reviews, book sales, and Christmas parties where nobody likes me. It comes later when I start another story and think, “What am I doing?” But you know, that four word question has preceded all ultimately great acts in my life? It’s the truth!
I said it when I went to college, I said it when I kissed that one guy, I said it when I made a baby and didn’t know nothin’ about birthin’ no baby, I say it anytime I’m about to do public speaking, and I say it the whole time I write.
Doesn’t stop me. But I say it. I sincerely do.
May
My Failed Article on Garlic and Writing Because I Have No Pride
Garlic wards off vampires. We all know that. And writing or words can’t do that. Vampires don’t care about words. Well, one might. If he’s written his biography and he hopes to sell a lot of books, that vampire might care about words. But mostly, from what we’ve been told, vampires will bite you even if you have “Mom,” tattooed on your neck.
Garlic is very sensitive to how it is handled. For all it’s pungency, garlic is a sensitive fellow. You put it through a press and you’re like a garlic abuser. You are beating the flavor right out of the clove. So a gentle handling can bring more flavor to your dish.
Still thinking about the word, ‘pungency?’ Thought so. Anyway, how you cook the garlic is also important. Once garlic is brown…dum-da-dum-dum. Ruined, as in bitter. And bitterness eats YOU.
Here’s my leap: Words have to be handled carefully. I don’t mean a continual censorship, I mean…carefully. It’s not so you can say nothing. It’s so you can say something…well. So you can bring out the flavor in the words.
Now I have to prove my case about handling words carefully. This is what the writer wrestles with.
Please call me when you get home.
Call me when you get home. Please.
When you get home, please, call me.
Please. When you get home, call me.
Call me, please, when you get home.
You get home please–call me.
Call me when you get home? Please?
Now go eat some garlic bread.
Goodreads
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I originally posted this in 2009. I am republishing it as a page because of its continuing relevance.
Names, words, language. Their importance in shaping reality as perceived can’t be minimized. Do we say ‘Palestine’ or eretz yisrael? Is there a ‘security fence’ or an ‘apartheid wall’?
As someone who writes about the Mideast almost every day, I make lots of decisions like these. Although I’m not likely to say ‘apartheid wall’, I might struggle with ‘fence’ vs. ‘barrier’. What I’m looking for are expressions that are neutral — not polemical in themselves; I want my explicit argument to carry the weight of (I hope) convincing the reader.
What I’ve been thinking about for the past couple of days is the area between the Green Line and the Jordan River, not including East Jerusalem. And what I think is that I’ve been making a mistake for the last three years.
There’s a whole continuum of terms, each with its connotations:
Disputed territories
I’ve been using ‘West Bank’, thinking that it was the most neutral possible term. Wrong. Here’s what “Philologos” wrote in 2006:
What, after all, is “the West Bank”? It is a translation of the Arabic term al-daf’a al-gharbiya — which is a rather odd term for Judea and Samaria when you consider that the “bank” in question is that of the Jordan River and that these territories are both separated from that river by the Jordan Valley and are not on its bank at all. And in fact, this was not a term ever used for them by their inhabitants or, for that matter, by anyone at all, until King Abdullah’s Arab Legion occupied them when it crossed the Jordan westward in its 1948 war against Israel.
In 1950 Abdullah annexed the “West Bank,” a move that was protested by the rest of the Arab world as a land grab over the heads of the Palestinians. Already, the previous year, he had changed the official name of his country from The Hashemite Kingdom of Transjordan to The Hashemite Kingdom of Jordan to indicate that it now comprised territory on both sides of the Jordan River rather than only on its eastern side. And to drive home this point, the Jordanians encouraged the use of the terms “East Bank” and “West Bank” as a way of stressing that theirs was a single country that straddled a river running through it. Eventually, “West Bank” became a term used by the “West Bankers” themselves, as well as by the rest of the world.
On the other hand, ‘Judea and Samaria’ [an anglicization of יהודה ושומרון, yehuda veshomron] dates to biblical times, and was used exclusively to describe this area in maps, documents and books up to about 1950.
So rather than being neutral, ‘West Bank’ is a hostile creation that obscures the Jewish connection to the land.
[A]fter the 1967 war it became bon ton among Israeli intellectuals on the anti-annexationist left to refer, too, to Judea and Samaria as “the West Bank,” as if these were areas devoid of Jewish historical associations and Jewish memories. And because it was the annexationist right that continued to use the traditional Hebrew words Yehuda and Shomron, it was assumed by the ignorant that these had been yanked crudely from the mothballs of a distant biblical past to justify expansionist policies.
I’ve been told not to say “Judea and Samaria” because it will immediately identify me as a member of the extreme Right, and nobody will take anything I say seriously.
But this is exactly how the political corruption of language progresses; soon, only ‘Palestinian territories’ will be acceptable, and how can one say that ‘Palestinians’ shouldn’t have sovereignty over Palestinian territories?
(Which brings us to the word ‘Palestinian’ itself. Before 1948, when someone said ‘Palestinian’ he or she was as likely to be referring to a Jew as to an Arab. By arrogating the term to themselves, Palestinian Arabs try to imply that they are the indigenous inhabitants of the land and the Jews are interlopers, something I discussed yesterday. Even the word ‘Palestine’ was invented by the Romans for political purposes).
Already, to many people the word ‘Zionism’ has come to mean ‘Jewish racism’ (see the correct definition here).
In any event, I intend to stand firm and not retreat in the face of linguistic aggression.
It’s Judea and Samaria from now on.
September 1, 2012 at 1:06 pm
It was is and always will be Judea and Samaria, the land HASHEM gave us 4,500 years ago. It is was is and always will be ERETZ YISRAEL. Anyone wishing to comment my email address is allanjanda@yahoo.com
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Due to popular demand and the fact that we love trying weird foods and candies, The A.V. Club will now regularly feature "Taste Tests." Feel free to suggest disgusting and/or delicious new edibles for future installments: E-mail us at tastetest@theonion.com.
Now playing
November 10, 2022
Now playing
We Try (and Fail) to Guess the MTN DEW Mystery Flavor
October 28, 2022
Every week, we here at The A.V. Club's Taste Test labs selflessly subject ourselves to foodstuffs so misguided that they must have been dreamt up by a cartoonish mad scientist who gave up on global domination in favor of a career of merely disgusting the masses. Who else would be behind a beverage as diabolical-tasting as Jeppson's Malört?
But, at the risk of prematurely tainting your opinion of this urine-colored liqueur, here's what the beverage coyly has to say for itself on the label: "Jeppson's Malört has the aroma and full-bodied flavor of an unusual botanical. Its bitter taste is savored by two-fisted drinkers." Now, calling it "bitter" is generous: At 70-proof with indistinct ingredients, this is rotgut of the most potent and foulest order. There's a good reason its ingredients are left a mystery: Supposedly, it's flavored with wormwood—the very herb used for the highly potent and hallucination-inducing absinthe, which until recently was illegal in this country.
Still, it's been on The A.V. Club's radar for a while—our headquarters are in Chicago, and so was the Carl Jeppson company's, until they moved to Florida, where they remain the sole distributor of it in the United States. But it wasn't until we caught John Hodgman's recent appearance at Second City behind the excellent More Information Than You Require that we were inspired to go under the knife with this libation: Hodgman thrilled his audience there by reading aloud from the bottle and speaking about the drink's curative abilities for pretty much everything. He proceeded to pass two bottles around the audience while he swirled a snifter of it onstage the rest of the night; any fears of spreading germs are moot, as Malört smells strongly of antiseptic and formaldehyde.
When asked via e-mail to expand on Malört, Hodgman had this to say: "All I can tell you about Malört is that I first bought it for a Chicago-themed Little Gray Book Lecture. I don't recall who recommended it to me, but I had to have it shipped to New York. Imagine jägermeister heavily diluted in pondwater, but less piney, and that about describes it. What makes me sad is that it is not available in nip bottles. That is the only thing that would make it more depressing, weird, and marvelous. I brought a bottle for my first Second City appearance in 2006. By popular demand, we had two bottles at my second appearance last month. Next time, I'm expecting a Malört fountain."
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The taste: Maybe Hodgman's eternal quest for complete world knowledge goes hand-in-hand with his unquenchable desire for Malört, but A.V. Clubbers unanimously could not stomach it. Within a single sip, reactions swiftly went from "I can't see how it can be that bad" to sputtering and near-vomiting. Here's intern Ellie Cunningham, A.V. Clubber Kyle Ryan, and Internet Eating Sensation Dave Chang taking their maiden taste:
Indeed, it seems harmless at first, but it proceeds to invade your innards immediately upon consumption with an unbearable, cringe-inducing bitterness that sticks with you for a worrying amount of time. (It also began to eat its way through our paper cups, which was even scarier.) Words do little to communicate how vile Malört truly is, and as proof we aren't just a bunch of namby-pambies, here's roughly 200 reaction shots to ingesting this hateful demon-drink on the "Malört face" Flickr pool.
Office reactions:
· [Wincing.] "It's foul. I think people in prison make better alcohol than this."
· "It tastes like extreme dirt. Not just dirt, but dirt that's been super-charged."
· "Don't get me wrong: This shit is awful, but I expected instant revulsion from my whole being. But really, the alcohol taste is so overwhelming that you don't get anything at first. Then it just lingers and strengthens on your tongue."
· "It's been a few minutes now, and I still kind of have the shakes. That's a bad sign."
· "It's exactly like eating a tire fire."
· "It has an initial nail-polish-remover flavor, and then… nothing. Then it tastes like a cigarette got put out on your tongue."
· "It kind of settles into the back of your mouth and then crawls down your throat like an acidic slug."
· "If someone offers you a shot of this, start running. This person is not your friend. A.V. Club writers excepted."
· "I can feel my tongue getting numb. It's like my mouth is creating a defense mechanism against a second sip."
· "Reminds me of that time I chewed a Tylenol Gelcap. It puts a little stain on your soul that won't wash off."
· "Ah! It tastes like death!" [Runs around the room looking for something to replace the taste.]
Where to find it: Binnys.com for $15.99 plus shipping, but only if you've exhausted slower methods of killing your liver.
| 5,670 |
(Mark
One)
For the fiscal year ended December 31, 2021
OR
TO
(Exact name of Registrant as specified in its Charter)
(State or other jurisdiction of
(I.R.S. Employer
2665 North First Street, Suite 300
(Address of principal executive offices)
Registrant’s telephone number, including area code:
Title of each class
Name of each exchange
on which registered
The Nasdaq Stock Market LLC
None
Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. YES NO
Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or 15(d) of the Act. Yes NO
Indicate by check mark whether the Registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. YES NO
Indicate by check mark whether the Registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of
Regulation S-T
(§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the Registrant was required to submit such files). YES NO
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a
filer, smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule
of the Exchange Act.
Non-accelerated filer Smaller reporting company
Emerging growth company
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
Indicate by check mark whether the registrant has filed a report on and attestation to its management’s assessment of the effectiveness of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) by the registered public accounting firm that prepared or issued its audit report.
Indicate by check mark whether the Registrant is a shell company (as defined in
The aggregate market value of the voting and
common equity held by
of the Registrant, based on the closing price of the shares of common stock on the Nasdaq Global Select Market on June 30, 2021, was $1,069,948,866.
The number of shares of Registrant’s Common Stock outstanding as of May 4, 2022 was
None.
PART I
Unresolved Staff Comments 70
Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities 71
[Reserved] 72
Management’s Discussion and Analysis of Financial Condition and Results of Operations 73
Financial Statements and Supplementary Data 97
Changes in and Disagreements With Accountants on Accounting and Financial Disclosure 134
Directors, Executive Officers and Corporate Governance 137
Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters 158
Certain Relationships and Related Transactions, and Director Independence 161
Principal Accountant Fees and Services 162
This Annual Report on Form
contains forward-looking statements about us and our industry that involve substantial risks, uncertainties and assumptions. All statements other than statements of historical facts contained in this Annual Report on Form
including statements regarding our strategy, future financial condition, future operations, projected costs, prospects, plans, objectives of management and expected market growth, are forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “aim,” “anticipate,” “assume,” “believe,” “contemplate,” “continue,” “could,” “design,” “due,” “estimate,” “expect,” “forecast,” “goal,” “guidance,” “intend,” “likely,” “may,” “objective,” “plan,” “ongoing,” “positioned,” “possible,” “potential,” “predict,” “project,” “seek,” “shall,” “should,” “target,” “will,” “would” and other similar expressions that are predictions of or indicate future events and future trends, or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements about:
•
the impact on our business of the civil settlement agreement with the U.S. government that resolved the investigation by the U.S. Department of Justice (the “DOJ”) related to insurance reimbursement claims submitted to various federal employee health plans under the Federal Employee Health Benefits (“FEHB”) program, and the extent to which we may be able to validate and establish processes to support the submission of claims for reimbursement to health plans under the FEHB program in the future, if at all, and our ability to obtain, maintain or increase insurance coverage for our hearing aids in the future;
•
the timing or results of claims audits and medical records reviews by third-party payors;
•
the expense, timing and outcome of the purported securities class action litigation alleging that certain of our disclosures about our business, operations and prospects, including reimbursements from third-party payors, violated the federal securities laws and the purported derivative action alleging that our directors breached their fiduciary duties by failing to implement and maintain an effective system of internal controls;
•
our ability to continue to maintain the listing of our securities on The Nasdaq Stock Market LLC (“Nasdaq”), including our ability to execute a plan to regain compliance with the Nasdaq requirements regarding the timely filing of periodic financial reports with the Securities and Exchange Commission (the “SEC”);
•
estimates of our future revenue and expenses, including the extent of any losses we incur from hearing aids delivered to customers where we have not submitted an insurance claim and may not receive payment;
•
estimates of our future capital needs and our ability to raise capital on favorable terms, if at all, including the timing of future capital requirements and the terms or timing of any future financings;
•
our expectations with regard to changes in the regulatory landscape for hearing aid devices, including the anticipated implementation of a pending
over-the-counter
(“OTC”) hearing aid regulatory framework and potential Medicare coverage for certain hearing aids, as well as any potential actions insurance providers may take following any regulatory changes;
•
our ability to attract and retain customers;
•
our expectations concerning additional orders by existing customers;
•
our expectations regarding the potential market size and size of the potential consumer populations for our products and any future products, including our ability to obtain, maintain or increase insurance coverage of and reimbursement of insurance claims for Eargo hearing aids, which is substantially dependent on, among other things, the outcomes of our efforts to validate and establish processes to support the submission of claims for reimbursement from various federal health plans, any third-party payor audits and pending regulations;
•
our ability to release new hearing aids and the anticipated features of any such hearing aids and our ability to transition our existing customers to new hearing aids, including when older models are discontinued;
•
developments and projections relating to our competitors and our industry, including competing products;
•
our ability to maintain our competitive technological advantages against new entrants in our industry;
•
the pricing of our hearing aids;
•
our expectations regarding the availability, supply, cost and inflationary pressures related to the component parts of our hearing aids;
•
our expectations regarding the ability to make certain claims related to the performance of our hearing aids relative to competitive products;
•
our commercialization and marketing capabilities and expectations;
•
our relationships with, and the capabilities of, our component manufacturers, suppliers and freight carriers;
•
the implementation of our business model and strategic plans for our business, products and technology;
•
the scope of protection we are able to establish and maintain for intellectual property rights covering our products, including the projected terms of patent protection;
•
our ability to effectively manage our business in light of the civil settlement agreement with the U.S. government, third-party payor claims audits and medical records reviews, purported securities class action and derivative litigations, and pending regulations;
•
our ability to retain existing talent and attract new, highly skilled talent;
•
pandemic, including but not limited to, its duration and its impact on our business and results of operations; and
•
our future financial performance.
We have based these forward-looking statements largely on our current expectations, estimates, forecasts and projections about future events and financial trends that we believe may affect our financial condition, results of operations, business strategy and financial needs. In light of the significant uncertainties in these forward-looking statements, you should not rely upon forward-looking statements as predictions of future events. Although we believe that we have a reasonable basis for each forward-looking statement contained in this Annual Report on Form
we cannot guarantee that the future results, levels of activity, performance or events and circumstances reflected in the forward-looking statements will be achieved or occur at all. You should refer to the section titled “Risk Factors” for a discussion of important factors that may cause our actual results to differ materially from those expressed or implied by our forward-looking statements. Furthermore, if our forward-looking statements prove to be inaccurate, the inaccuracy may be material. Except as required by law, we undertake no obligation to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.
PART I
Item 1. Business.
Eargo, Inc. (“Eargo,” the “Company,” “we,” “us” or “our”) is a medical device company dedicated to improving the quality of life of people with hearing loss. Our innovative products and
go-to-market
approach address the major challenges of traditional hearing aid adoption, including social stigma, accessibility and cost.
We believe Eargo hearing aids are the first ever virtually invisible, rechargeable, completely
exempt Class I and Class II devices indicated to compensate for mild to moderate hearing loss.
We market and sell our hearing aids primarily in a
format, with a personalized, consumer-centric approach. Our commercial organization consists of a marketing team with deep experience in consumer-focused brand and performance marketing, a team of inside sales consultants, and a dedicated customer support team which includes audiologists and hearing professionals. Our differentiated, consumer-first approach empowers consumers to take control of their hearing by improving accessibility, with personalized, high-quality telecare-based support from our hearing professionals (with telecare support continuing for as long as a customer owns their Eargo hearing aid).
In an industry that has, in our opinion, historically been associated with limited brand awareness, we have developed a sophisticated brand-building strategy focused on consumer empowerment. We have also developed a robust technology and data-driven marketing platform that utilizes business intelligence, key performance metrics, machine learning and other marketing data to reinforce our growing brand recognition and to identify demographics, behaviors and marketing channels most relevant to our target audience. Eargo’s sales consultants leverage our digital marketing platform, which utilizes data-driven insights to iterate our sales tactics and create promotional offers, each with the goal of driving lead generation and increasing inbound lead conversions. We also see opportunity in nurturing long-term relationships with our customers to drive repeat purchases and increase their lifetime value, an objective facilitated by our provision of unlimited telecare access to Eargo’s hearing professionals for the life of a customer’s Eargo hearing aid.
We have also established a highly capable research and development organization with what we believe is a rare combination of expertise in mechanical engineering, product design, audio processing, clinical and hearing science, consumer electronics and embedded software design. In addition, we employ strategic intellectual property protection in certain key areas. Our technical capabilities and commitment to innovation have allowed us to deliver significant product enhancements on a rapid development timeline, exemplified by our launch of six iterations of the Eargo hearing aid system since 2017 (four of which we are marketing and selling as of the filing date of this Annual Report on
We believe that our differentiated hearing aids and consumer-centric approach have driven our sales of over 95,000 Eargo hearing aid systems, net of returns, as of December 31, 2021. We believe there is a large, growing and underserved market of people suffering from hearing loss, which we estimate included more than 45 million adults (or approximately one in six adults) in the United States in 2021, only approximately 25% of whom actually owned a hearing aid.
We are passionate about helping people hear better and are on a mission to change the way the world thinks about hearing loss.
Since our inception, our founding principle has been to dramatically improve the consumer experience at every step of the hearing care journey. Our products, customer support and marketing messaging are a direct result of that passion. We believe our direct-to-consumer model can shift the paradigm in the treatment of hearing loss for the ultimate benefit of consumers.
Eargo hearing aids combine proprietary technology, engineering
know-how
and scientific and design expertise to offer high-quality performance in an
form factor that makes them virtually invisible. As of the filing date of this Annual Report on Form
we are marketing four versions of our hearing aids—the Eargo Max, the Eargo Neo HiFi, Eargo 5, and Eargo 6—to provide customers with a range of cost and functionality options. Each generation of Eargo hearing aids has been improved with additional features, such as audio performance, enhanced physical fit and/or comfort and greater ease of use.
devices feature high-quality audio, are designed to provide up to 16 hours of battery life and feature Eargo’s proprietary soft and flexible medical-grade silicon tips. These silicon tips are removable, allowing for simple cleaning, and can be purchased separately in several sizes to accommodate individuals with different size ear canals. Eargo’s rechargeable hearing aids are designed for ease of use and maintenance while providing a comfortable fit for a majority of our target market.
The following features are available with Eargo hearing aids and offer advantages relative to traditional hearing aids (for example, the
behind-the-ear
format, which comprise the majority of hearing aids sold):
•
: Unlike the majority of hearing aids which sit
behind-the-ear,
Eargo hearing aids are designed to fit completely
and are virtually invisible, allowing our customers to avoid the stigma that is associated with visible hearing aids.
•
Comfort and performance
: Our proprietary soft and flexible medical-grade silicon tips allow Eargo hearing aids to be suspended in the ear canal and provide a comfortable “open fit” that does not fully block or occlude the ear canal while still providing high-quality audio.
•
Rechargeable
: Eargo hearing aids are rechargeable, eliminating the need for battery replacement. Our hearing aids come with a discreet, portable charger case that easily fits into a purse or pocket.
•
: Eargo hearing aids feature an intuitive design that is similar in quality to many
consumer electronics and allows for personalization by users to their unique hearing preferences. Users can cycle through up to four different sound profiles and personalize the settings to their unique preferences for amplification or noise reduction settings to accommodate listening in different environments. All products other than Eargo Max also offer customers a companion mobile application that helps them easily personalize their Eargo hearing aids to fit their needs and allow for remote updates.
We expect to continue refining and improving Eargo hearing aids, and we have the intention of an approximate annual cadence of new product launches. To this end, we are working on the development of a cost-conscious offering as well as the next Eargo hearing aid model with improved functionality.
Our business model and customer journey
We sell our hearing aids primarily on a
basis, engaging consumers through a mix of digital and traditional marketing as well as select commercial partnership, omni-channel (including retail) and other opportunities that are designed to appeal to prospective customers on a personal level and build our brand.
Eargo provides free educational resources as well as support from our team of sales consultants and hearing professionals, who help educate and guide prospective customers through addressing their hearing loss in a personalized and consultative experience.
While a hearing test is not necessary to purchase Eargo hearing aids, we offer an online,
hearing screening for prospective customers who are interested in learning more about their hearing. This screening is not intended to prevent, diagnose or treat hearing loss or any other disease or condition, but can assist customers in
evaluating whether Eargo hearing aids may be right for them. Prospective customers can also utilize Eargo’s telecare support system to receive guidance regarding matters such as use, charging and cleaning of Eargo hearing aids, and real-time audio setting modification for individualized hearing loss.
Through select commercial partnerships and retail relationships, prospective customers may take our hearing screening and learn about our products in
retail locations as well.
Customers are able to complete purchases over the phone with an Eargo sales consultant or directly on our website. The Eargo purchasing experience is designed to be simple and to improve the accessibility of hearing aids. In addition, we offer a
45-day
trial period.
As of December 8, 2021, our products are
only, which includes upfront payment, credit card, third-party financing, and distributor payment. We partner with a third-party monthly financing program to make our products more accessible, and payment types may also be combined. The Eargo hearing aid system is then shipped and arrives on average in approximately three business days.
Once a customer purchases Eargo hearing aids, they are assigned to one of our hearing professionals, who provides complimentary, convenient support by phone, chat or
Our hearing professionals include audiologists with degrees in audiology and speech-language science, professionals with board certifications in hearing aid science and other professionals.
Once a customer receives their Eargo hearing aids, their assigned hearing professional will schedule a welcome call to assist with proper use, fit and setting modification of the Eargo device. In 2021, more than 80% of our customers completed a welcome call with one of our hearing professionals. Our hearing professionals and customer care team are also available to provide unlimited support for as long as the customer owns an Eargo device. Additionally, we provide short, online training videos and other resources that customers can access online. The combination of these services allows us to deliver telecare-based support in an efficient and streamlined manner.
We believe our business model and consumer-centric focus offer the following advantages relative to traditional sales channels (which are characterized by a
business-to-business
model in which hearing aid manufacturers rely on a fragmented network of independent audiology clinics to sell their devices to consumers):
•
: We have developed a consumer-centric experience by offering free online education, convenient consultation and telecare support, the ability to easily purchase the Eargo system, and fast delivery.
•
: We offer all of our customers convenient telecare-based access to a highly trained clinical support team consisting, in part, of hearing professionals. Additionally, our support team is able to wirelessly assist in personalizing Eargo settings for our customers with Eargo Neo HiFi, Eargo 5 and Eargo 6.
•
: Our vertically integrated, consumer-first model allows us to eliminate a layer of cost associated with the separation of the manufacturer and consumer in the traditional sales and distribution model. As a result, we believe that we are able to offer Eargo hearing aids at prices that are approximately half the average cost of a pair of hearing aids purchased through traditional channels in the United States. The Eargo model also offers greater pricing transparency, as hearing aid sales via traditional channels commonly bundle the cost of the device, the audiology exam and related services (for example, programming and subsequent adjustments).
•
Decreased
: Over the past two years, our model helped Eargo customers reduce their potential exposure to
while conducting an essential activity without the need to physically visit a clinic.
Omni-channel marketing and distribution activities through commercial partnerships
Eargo’s self-administered hearing screens are intended to be part of our retail customer experience and are expected to be located in physical retail settings so customers can obtain general information regarding their hearing and see Eargo hearing aids in person. We also have a select number of commercial partnerships to, among other things, facilitate the retail experience, and we intend to continue to pursue additional opportunities for
customer engagement. We believe that if the proposed rule by the United States Food and Drug Administration (“FDA”) regarding an OTC regulation of hearing aids is finalized in substantially the same form as proposed, the final rule will facilitate negotiation and execution of additional retail opportunities in the future.
DOJ investigation and settlement and claims audits
As previously disclosed, on September 21, 2021, we were informed that we were the target of a criminal investigation by the DOJ related to insurance reimbursement claims we submitted on behalf of our customers covered by various federal employee health plans under the FEHB program. The investigation also pertained to our role in customer reimbursement claim submissions to federal employee health plans (collectively, the “DOJ investigation”). Also as previously disclosed, our largest third-party payor conducted an audit of insurance reimbursement claims (“claims”) submitted by us (the “Primary Audit”), which included a review of medical records. We were informed by the third-party payor conducting the Primary Audit that the DOJ was the principal contact related to the subject matter of the Primary Audit. In addition to the Primary Audit, we have been subject to a number of other audits of insurance reimbursement claims submitted to additional third-party payors (collectively with the Primary Audit, the “claims audits”). One of these claims audits does not relate to claims submitted under the FEHB program. On January 4, 2022, the DOJ confirmed to us that the investigation had been referred to the Civil Division of the DOJ and the U.S. Attorney’s Office for the Northern District of Texas and the criminal investigation was no longer active.
On April 29, 2022, we entered into a civil settlement agreement with the U.S. government that resolved the previously disclosed DOJ investigation related to our role in customer reimbursement claim submissions to various federal employee health plans under the FEHB program. We cooperated fully with the DOJ investigation. We deny the allegations in the settlement agreement, and the settlement is not an admission of liability by us. The allegations did not pertain to the quality or performance of our product. The settlement agreement provided for our payment of approximately $34.4 million to the U.S. government and resolved allegations that we submitted or caused the submission of claims for payment to the FEHB program using unsupported hearing loss-related diagnostic codes.
The settlement with the U.S. government may not resolve all of the audits of insurance reimbursement claims by the various third-party payors, and additionally we remain subject to a prepayment review of claims by the payor who conducted the Primary Audit. We will need to work with the government (including the OPM) and third-party payors to potentially validate and establish processes to support any future claims that we may submit for reimbursement, and there are no guarantees that we will be able to arrive at any such acceptable processes or submit any future claims. We do not intend to submit any claims through the FEHB program until we are able to align with the OPM on and establish processes for supporting the submission of these claims.
From the time we learned of the DOJ investigation and until December 8, 2021, we continued to process orders for customers with potential insurance benefits (including FEHB program members) but suspended all claims submission activities and offered affected customers (
, customers using insurance benefits as a method of direct payment for transactions prior to December 8, 2021) the option to return their hearing aids or purchase their hearing aids without the use of their insurance benefits in case their claim is denied or ultimately not submitted by us to their insurance plan for payment (the “extended right of return”).
Beginning on December 8, 2021, we made the decision to stop accepting insurance benefits as a method of direct payment and it is uncertain when, if ever, we will resume accepting insurance benefits as a method of direct payment. While we intend to work with the government and third-party payors at the appropriate time with the objective of validating and establishing processes to support any future claims that we may submit for reimbursement, we may not be able to arrive at acceptable processes or submit any future claims.
Total life-to-date payments we have received from the government through December 31, 2021 in relation to claims submitted under the FEHB program, net of any product returns and associated refunds, were approximately $44 million. As discussed further in Note 6 to the Consolidated Financial Statements included in this Annual Report on Form
the settlement amount of $34.4 million associated with the DOJ investigation was recorded as a reduction of revenue during the year ended December 31, 2021.
We determined that customer transactions using insurance benefits as a method of direct payment occurring subsequent to learning of the DOJ investigation on September 21, 2021 did not meet the criteria for revenue recognition under ASC 606. As such, we did not recognize revenue for shipments to customers with potential insurance benefits, substantially all of whom were covered under the FEHB program, subsequent to that date.
We estimate that a majority of customers with unsubmitted claims as of December 31, 2021 will choose to return the hearing aid system if their insurance provider denies their claim or the claim is ultimately not submitted by us for payment, resulting in an increase in expected product returns from such transactions that occurred prior to September 21, 2021. As a result, we recorded $13.3 million of estimated sales returns as a reduction in revenue in the third quarter of 2021 related to shipments to customers with potential insurance benefits. This has had a negative impact on the Company’s revenues for the year ended December 31, 2021 and resulted in an increase in the Company’s sales returns reserve. Of the $13.8 million sales returns reserve recorded as of December 31, 2021, $11.4 million relates to unsubmitted claims that are included in accounts receivable, net. Returns associated with unsubmitted claims will reduce the sales returns reserve, with a corresponding reduction in the related accounts receivable at the time the product is returned.
Further, we also estimate that, in addition to the customers who choose to return their hearing aid systems, a significant number of customers whose claims are denied by insurance providers or not submitted by us for payment may not pay for or return the hearing aid system. The $9.6 million in bad debt expense recorded during the year ended December 31, 2021 is primarily based on this estimate and has had a negative impact on our operating results for the year ended December 31, 2021. Of the $9.6 million recorded to bad debt expense during the year ended December 31, 2021, $5.8 million relates to submitted claims that have been denied or have not been paid and was written off during the year ended December 31, 2021.
Notwithstanding the settlement, we remain subject to prepayment review of claims by our largest third-party payor before any insurance payments are made. We do not intend to submit any claims through the FEHB program until we are able to align with the Office of Personnel Management (the “OPM”) on and establish processes for supporting the submission of these claims, and we may be unable to do so.
On January 5, 2022, the U.S. District Court for the Northern District of California consolidated three purported securities class actions brought against the Company (the “Securities Class Action”). While the lead plaintiffs have not yet filed a consolidated amended complaint, the complaints of the individual lawsuits filed prior to the consolidation generally alleged that certain of the Company’s disclosures about its business, operations and prospects, including reimbursements from third-party payors, violated federal securities laws. On December 3, 2021, a putative stockholder filed a derivative complaint purportedly on the Company’s behalf against members of the Company’s Board of Directors and the Company as nominal defendant (the “Derivative Action”), alleging (among other things) that the defendants breached their fiduciary duties by allegedly failing to implement and maintain an effective system of internal controls related to the Company’s financial reporting, public disclosures and compliance with laws, rules and regulations governing the business. See Note 6 of the Notes to Consolidated Financial Statements included in this Annual Report on Form
for more information.
As a result of the uncertainty created by the DOJ investigation and the claims audits, we took certain actions, including, but not limited to:
•
We suspended our practice of granting equity awards, except for new restricted stock unit grants that we have the option to settle in cash at the time of vesting, suspended our 2020 Employee Stock Purchase Plan (“ESPP”) and deferred the settlement of outstanding restricted stock units (“RSUs”), in each case effective as of November 9, 2021 (collectively, the “employee equity actions”).
•
Our Board of Directors suspended the
non-employee
director compensation program with respect to the option awards that would otherwise have been awarded to
non-employee
directors automatically on the date of our annual meeting of stockholders held on November 9, 2021.
•
On December 7, 2021, we announced a plan to reduce our employee workforce to streamline our organization in response to declines in customer orders since we announced the investigation of the Company by the DOJ. We substantially completed the employee workforce reduction during the fourth quarter of 2021, resulting in a reduction of approximately 27% of our employee workforce, or approximately 90 people.
As a result of the DOJ investigation and the various claims audits, we were not able to timely file our Quarterly Report on Form
for the three months ended September 30, 2021 (our “Q3
10-Q”)
or this Annual Report on Form
for the year ended December 31, 2021. On November 16, 2021, we filed a Form
notifying the SEC that we would be unable to timely file our
On November 18, 2021, we were notified by the Nasdaq Stock Market LLC (“Nasdaq”) that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing our
with the SEC. In accordance with Nasdaq Listing Rules, we submitted a plan to regain compliance. Nasdaq granted us an exception of up to 180 calendar days from the
original filing due date, or until May 16, 2022, to regain compliance. On March 2, 2022, we filed a Form
notifying the SEC that we would be unable to timely file this Annual Report on Form
for the year ended December 31, 2021. On March 4, 2022, we were notified again by Nasdaq that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing this Annual Report on Form
As a result, we submitted to Nasdaq an update to our original plan to regain compliance. Nasdaq’s notification dated March 4, 2022 indicated that any additional exception to allow us to regain compliance with all untimely filings will be limited to a maximum of 180 calendar days from the due date of our Q3
or May 16, 2022.
On May 11, 2022, we filed a Form 12b-25 notifying the SEC that we would be unable to timely file our Quarterly Report on Form 10-Q for the three months ended March 31, 2022 (our “Q1 2022 10-Q”). On May 12, 2022, we received a letter from Nasdaq notifying us that because we remain delinquent in filing our Q3 10-Q and Annual Report on Form 10-K, and, in addition, because we are delinquent in filing our Q1 2022 10-Q, we had not regained compliance and will not meet the terms of the exception. The letter indicated that our securities would be subject to delisting on May 23, 2022 as a result of our non-compliance, unless on or before May 19, 2022 we request a hearing before the Nasdaq Hearings Panel and request an extended stay of suspension or delisting. We intend to timely request a hearing before the Nasdaq Hearings Panel, at which hearing we will present our plan to regain compliance and request the continued listing of our securities on Nasdaq pending our return to compliance. Such request would automatically stay any suspension or delisting action by Nasdaq for a period of 15 days from the date of our request. The stay could be extended at the option of the Nasdaq Hearings Panel upon our request and support of such extension, and we intend to ask the Nasdaq Hearings Panel for a further stay concurrent with our request for a hearing and pending the ultimate conclusion of the hearing process.
We believe the
pandemic has accelerated the pace of consumer awareness of our vertically integrated telecare model and has facilitated customer adoption of the same.
Shelter-in-place
restrictions and increased reluctance of consumers to conduct
activities, particularly among older individuals that comprise a majority of the population needing hearing aids, has resulted in increased knowledge of our business and sales. We cannot be sure this trend will continue as the pandemic-related restrictions lessen and to the extent that customer preferences revert to
Because we were deemed to have an essential workforce under the relevant California
measures, we were never required to close our facilities and we remained open throughout the
pandemic. However, in consideration of our employees, we permitted remote work or hybrid arrangements, where feasible.
For a discussion of the impact of
on our supply chain and component and materials sourcing activities, please see “—Manufacturing.”
Seasonality
In the past we experienced seasonality in our business, with higher sales volumes in quarters when we launched new products and in the fourth calendar quarter as a result of holiday promotional activity; however, in part due to
as well as a decline in gross systems shipped following announcement of the DOJ investigation and our related decision to stop accepting insurance benefits as a method of direct payment (as further discussed in “—DOJ investigation and settlement and claims audits”), seasonal factors did not have a material impact on our results of operations for the year ended December 31, 2021.
Research and development
We are committed to ongoing research and development. Since 2017, we have launched six generations of our hearing aids (four of which we are currently marketing and selling), each adding performance and technical enhancements at different price points.
We are focused on continuing to launch new versions of the Eargo hearing aid with increased functionality and improved sound quality, amplification, noise reduction, fit, comfort, water resistance and
ease-of-use,
as well as reduced cost of goods and better connectivity. Our development priorities also include expanding and refining our refurbishment capabilities. We believe that the continued introduction of new products is critical to maintaining existing customers, attracting new customers, achieving market acceptance of our products and maintaining or increasing our competitive position in the market.
The Eargo Max and Eargo Neo HiFi hearing aid systems are currently assembled by Hana Microelectronics Group (“Hana”), a contract manufacturer based in Thailand. A second manufacturer, Pegatron Corporation (“Pegatron”), headquartered in Taiwan and with manufacturing facilities in Suzhou, China, manufactures the Eargo 5 and Eargo 6 hearing aid systems. We rely on several third-party suppliers for the components used in our hearing aids, including semiconductor components, such as integrated circuits, as well as batteries, microphones and receivers.
We believe that these third-party facilities and suppliers will be adequate to meet our current and anticipated manufacturing needs. We do not currently plan to manufacture our hearing aids or any related components ourselves.
Manufacturing facilities that produce medical devices and/or their component parts intended for distribution world-wide are subject to regulation and periodic unannounced inspection by the FDA and other domestic and international regulatory agencies. In the United States, any products we sell are required to be manufactured in compliance with the FDA’s Quality System Regulation, which covers the methods used in, and the facilities used for, the design, testing, control, manufacturing, labeling, quality assurance, packaging, storage and shipping of our products.
The distribution of our hearing aids is handled directly through a third-party logistics provider. Our finished hearing aids are shipped from Hana and Pegatron to the third-party logistics provider’s facility and are distributed from there to customers.
While we have not been directly impacted by any major disruption to our supply chain or access to necessary raw materials and component parts for the manufacture of our products to date that have impacted our ability to service customers, disruptions have occurred across a number of industries and we cannot provide any assurance that future disruptions will not emerge as a result of the ongoing supply chain issues, inflation, the
pandemic or other extrinsic factors. To date, increases in our product component pricing have occurred but have not had a material impact on supply continuity or gross margin. We have taken steps to monitor our supply chain and actions to address limited supply and increasing lead times, including outreach to critical suppliers and spot market purchases. For more information, please see the risks described under the caption “We rely on the timely supply of high-quality components, parts and finished products, and our business could suffer if suppliers or manufacturers are unable to procure raw materials or other components of an acceptable quality (or at all) or
otherwise fail to meet their delivery obligations, raise prices or cease to supply us with components, parts or products of acceptable quality” in the “Risk Factors” section of this Annual Report on
please see
We rely on a combination of patent, copyright, trademark and trade secret laws and confidentiality and invention assignment agreements to protect our intellectual property rights. As of December 31, 2021, we had 24 issued U.S. patents, 22 patents outside the United States, 7 pending U.S. patent applications and 9 pending foreign patent applications. Our patents include utility patents covering technology ranging from remote control of our hearing aids to design patents covering the housing and securing mechanisms for our hearing aids. We have foreign patents in the EU, Australia, Canada, China, Germany, Japan, Singapore and South Korea. We own all of our patents and do not rely on any licenses to utilize the technology covered by these patents. The earliest of our patents is expected to expire in 2025. An issued U.S. patent with claims generally directed to an open ear canal hearing aid comprised of certain electronics and securing portions and an issued U.S. patent with claims generally directed to an adjustable securing mechanism for a space access device are each expected to expire in 2030.
Our pending patent applications may not result in issued patents, and we cannot assure you that any current or subsequently issued patents will protect our intellectual property rights. Third parties may challenge certain patents issued to us as invalid, may independently develop similar or competing technologies or may design around any of our patents. We cannot be certain that any of the steps we have taken will prevent the misappropriation of our intellectual property, particularly in foreign countries where the laws may not protect our proprietary rights in these countries as fully as in the United States.
There is no active patent litigation involving us and we have not received any notices of patent infringement involving any of our products.
As of December 31, 2021, we had 34 trademark registrations and 10 pending trademark applications worldwide.
Competition
We compete in the hearing aid market against manufacturers, clinics and retailers of hearing aids, other
providers of hearing aids and, to a lesser extent, providers of personal sound amplification products (“PSAPs”). We believe that the primary competitive factors in the market are:
•
product quality and performance, including but not limited to, the size, sound quality, comfort, whether the batteries are rechargeable, reliability and connectivity of the hearing aid;
•
customer purchasing experience;
•
visibility of hearing aid;
•
pricing, including access to insurance benefits;
•
product support and service;
•
effective marketing and education;
•
technological innovation, product enhancements and speed of innovation; and
•
sales and distribution capabilities.
After a period of industry consolidation, five manufacturers control a vast majority of the global hearing aid industry today. These manufacturers are GN Store Nord, Sonova, Starkey, William Demant and WS Audiology, all of which have established products and substantially greater financial, sales and marketing, manufacturing and development resources than we possess. In addition to these manufacturers, we also compete against hearing clinics and retailers, such as Costco. Costco sells its Kirkland Signature label
behind-the-ear
hearing aids in store and also sells
behind-the-ear,
in-the-ear
and
brands, each at various price points. We also compete against other
hearing aid providers such as Audicus and Lively (which was recently acquired by GN Store Nord), which, similar to our business model, allow consumers to purchase hearing aids without visiting a clinic and provide remote support for their products.
Our competitors may be able to respond more quickly and effectively than we can to new or changing opportunities, technologies, standards or customer requirements, including with respect to changes to the industry landscape potentially arising as a result of the FDA’s Proposed Rule creating an OTC category of hearing aids (see “Government Regulation—Regulation by the FDA—Proposed Rule for OTC category for hearing aids” for more information). Creation of a new category of OTC hearing aids by the FDA could materially alter the competitive environment for hearing loss treatment. The FDA and the Biden administration have stated that the intention of the Proposed Rule to establish OTC hearing aids is to reduce barriers to access, foster innovation in hearing aid technology, and promote the wide availability of
low-cost
hearing aids. We expect the removal of regulatory barriers to entry will facilitate the introduction of new and varied product designs by incumbent and new competitors.
Considering the resources and advantages that our competitors maintain, even if our technology and consumer-first business model and distribution strategy are more effective than the technology and distribution strategy of our competitors, current or potential customers might accept competitor products in lieu of purchasing our products. We anticipate that we will face increased competition in the future, and may also experience intensifying pricing pressures, as existing companies and competitors develop new or improved products and distribution strategies and as new companies enter the market with new technologies and distribution strategies (possibly with increased frequency if and when the FDA finalizes its Proposed Rule, discussed above). We may not be able to compete effectively against these organizations. Our ability to compete successfully and to increase our market share is dependent upon our approach to addressing unmet needs in the hearing aid industry. Increased competition in the future could adversely affect our revenue, revenue growth rate, if any, margins and market share.
Government regulation
We operate in a complex regulatory environment with an extensive and evolving set of federal, state and local governmental laws, regulations, and other requirements. These laws, regulations and other requirements are promulgated and overseen by a number of different legislative, regulatory, administrative and quasi-regulatory bodies, each of which may have varying interpretations, judgments or related guidance. For example, our products and operations are subject to extensive and rigorous regulation by the U.S. Food and Drug Administration (the “FDA”), which regulates, among other things, the research, development, testing, design, manufacturing, approval, labeling, storage, recordkeeping, advertising, promotion and marketing, distribution, post approval monitoring and reporting and import and export of medical devices in the United States to assure the safety and effectiveness of medical products for their intended use. The U.S. Federal Trade Commission (the “FTC”) also regulates the advertising of our products in the United States. Further, we are subject to laws directed at preventing fraud and abuse, which subject our sales and marketing, training, and other practices to government scrutiny.
As such, we utilize considerable resources on an ongoing basis to monitor, assess and respond to applicable legislative, regulatory, and administrative requirements, but there is no guarantee that we will be successful in our efforts to adhere to all of these requirements. Additional discussion on certain of these laws, regulations and other requirements is set forth below in this section.
If any of our personnel, representatives or operations are alleged to have violated these or other laws, regulations or requirements, we could suffer severe consequences, including material harm to our reputation, that could have a material adverse effect on our business, results of operations, financial condition and cash flows, among other things.
We expect that our industry will continue to be subject to extensive and complex regulation, the scope and effect of which are difficult to predict. For additional detail on risks related to each of the foregoing, see the Risk Factors titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional
clearance or approval for our products,” “Our hearing aids are subject to extensive government regulation at the federal and state level, and our failure to comply with applicable requirements could harm our business,” and “If we fail to comply with U.S. or foreign federal and state healthcare regulatory laws, we could be subject to penalties, including, but not limited to, administrative, civil and criminal penalties, damages, fines, disgorgement, exclusion from participation in governmental healthcare programs and the curtailment of our operations, any of which could adversely impact our reputation and business operations.”
Regulation by the FDA
The FDA classifies hearing aids, including
hearing aids such as our products, as medical devices. In the United States, the Federal Food, Drug, and Cosmetic Act (the “FDCA”), as well as FDA regulations and other federal and state statutes and regulations, govern, among other things, medical device design and development, preclinical and clinical testing, device safety, premarket clearance and approval, establishment registration and device listing, manufacturing, labeling, storage, record-keeping, advertising and promotion, sales and distribution, export and import, recalls and field safety corrective actions, and post-market surveillance, including complaint handling and medical device reporting of adverse events. Failure to comply with applicable requirements may subject a company to a variety of administrative or judicial sanctions, such as warning or untitled letters, product recalls, product seizures, total or partial suspension of production or distribution, injunctions, fines, civil penalties and criminal prosecution. The FDA can also refuse to approve or clear pending product applications.
The FDA classifies medical devices into three classes (Class I, II or III) based on the degree of risk associated with a device and the level of regulatory control deemed necessary to ensure its safety and effectiveness. Class I devices are those for which safety and effectiveness can be assured by adherence to the FDA’s general controls for medical devices, which include compliance with the FDA’s current good manufacturing practices for devices, as reflected in the Quality System Regulation (“QSR”), establishment registration and device listing, reporting of adverse events, and truthful,
labeling, advertising and promotional materials. Some Class I devices also require premarket clearance by the FDA through the premarket notification process set forth in Section 510(k) of the FDCA. Class II devices are subject to the FDA’s general controls and any other special controls deemed necessary by the FDA to ensure the safety and effectiveness of the device, such as performance standards, product-specific guidance documents, special labeling requirements, patient registries and/or post-market surveillance. Most Class II devices must also comply with the FDA’s Section 510(k) premarket notification requirements. Class III devices are those that support or sustain human life, are of substantial importance in preventing impairment of human health, or which present a potential, unreasonable risk of illness or injury. Due to the level of risk associated with Class III devices, general and special controls alone are insufficient to assure their safety and effectiveness. Devices placed in Class III generally require the submission of a premarket approval (“PMA”) application demonstrating the safety and effectiveness of the device, which must be approved by the FDA prior to marketing, or the receipt of a 510(k) de novo classification, which provides for the reclassification of the device into Class I or II. The PMA approval process is more stringent, time-consuming and expensive than the 510(k) clearance process; however, the 510(k) clearance process has also become increasingly stringent and expensive.
We currently market our products pursuant to the FDA regulatory framework for
air-conduction
hearing aids and wireless
air-conduction
hearing aids, which are classified as Class I and Class II devices, respectively, and are exempt from 510(k) clearance requirements. While applicable FDA regulations establish certain “conditions for sale” of all hearing aids, including that prospective hearing aid users must have a medical evaluation by a licensed physician within the six months prior to the hearing aid dispensation or sign a waiver of medical evaluation, the FDA has stated that it does not intend to enforce these medical evaluation and waiver requirements prior to the dispensing of Class I
air-conduction
and Class II wireless
air-conduction
hearing aids to individuals 18 years of age and older. Accordingly, while we are required to comply with other FDA requirements, our products are currently not reviewed by the FDA.
In May 2018, the FDA granted a de novo classification request from Bose for a
“self-fitting
air-conduction
hearing aid,” which is classified in Class II and subject to 510(k) premarket review. Although our devices are not currently registered or marketed as “self-fitting” hearing aids, and we expect our products to continue to be regulated as Class I or Class II exempt devices, we may in the future seek clearance for one or more of our products as a “self-fitting
air-conduction
hearing aid,” or the FDA may require us to do so, subjecting such device or devices to 510(k) premarket review.
Proposed Rule for OTC category of hearing aids
The FDA Reauthorization Act of 2017 (“FDARA”) created a new category of
over-the-counter
(“OTC”) hearing aids that are intended to be available without supervision, prescription, or other order, involvement or intervention of a licensed practitioner. The language in FDARA is not self-implementing, which means that the OTC hearing aid category does not exist until there is effective regulation. On October 20, 2021, the FDA published a notice of proposed rulemaking to establish new regulatory categories for OTC and prescription hearing aids, among other things (the “Proposed Rule”). Under FDARA, the OTC hearing aid controls that are the subject of the rulemaking, if finalized, would preempt any state or local requirement specifically related to hearing products that would restrict or interfere with commercial activity involving OTC hearing aids. The comment period on the Proposed Rule, in which we participated in support of the Proposed Rule, ended on January 18, 2022, after which the FDA will review the comments. It is not clear whether the FDA will publish a final rule (the “Final Rule”), and whether the Final Rule will differ significantly from the Proposed Rule. However, if the FDA publishes a Final Rule, it would become effective 60 days after publication.
Under the Proposed Rule, devices that require 510(k) clearance to be compliant with the rule requirements would need to be cleared by the effective date of the Final Rule in order to continue to be marketed. For all other currently marketed devices, the proposed compliance date is 180 days after the effective date of the Final Rule (240 days after the publication of the Final Rule).
We market the Eargo hearing aid systems as Class I or Class II
air-conduction
hearing aids under existing regulations at 21 CFR 874.330 and 874.3305, both of which are exempt from 510(k) premarket review. Our hearing aids may be marketed under the current FDA framework during the FDA’s rulemaking proceeding. However, we cannot know to what extent the Final Rule may differ from the Proposed Rule. Once the FDA issues a Final Rule, we will assess the Final Rule and intend to take steps as appropriate to ensure that our devices and processes come into compliance with any new applicable requirements in order to market our products in the future.
If not exempted from the FDA’s 510(k) notification requirement, to obtain 510(k) clearance for a medical device, an applicant must submit a premarket notification to the FDA demonstrating that the device is “substantially equivalent” to a legally marketed device, commonly known as the “predicate device.” A legally marketed predicate device may include a device that was legally marketed in the United States prior to May 28, 1976 for which a PMA is not required (commonly known as a
“pre-amendments
device” based on the date the Medical Device Amendments of 1976 were enacted), a device which the FDA has reclassified from Class III to Class II or I, or a device which has been found substantially equivalent to such a device through the 510(k) process. A device is considered to be substantially equivalent if, with respect to the predicate device, it has the same intended use and has either (i) the same technological characteristics, or (ii) different technological characteristics, but the information provided in the 510(k) submission demonstrates that the device does not raise new questions of safety and effectiveness and is at least as safe and effective as the predicate device. A showing of substantial equivalence may sometimes, but not always, require clinical data. Before the FDA will accept a 510(k) submission for substantive review, the FDA will first assess whether the submission satisfies a minimum threshold of acceptability. If the FDA determines that the 510(k) submission is incomplete, the FDA will issue a “Refuse to Accept” letter which generally outlines the information the FDA believes is necessary to permit a
substantive review and to reach a determination regarding substantial equivalence. An applicant must submit the requested information before the FDA will proceed with additional review of the submission. Once a 510(k) submission is accepted for review, the FDA has 90 days to review and issue a determination. As a practical matter, clearance often takes longer. The FDA may request additional information, including clinical data, to make a determination regarding substantial equivalence, which may significantly prolong the review process. The review period is suspended during the time the additional information request is pending. Unless a specific exemption applies, 510(k) premarket notification submissions are subject to user fees.
Medical devices can be marketed only for the indications for which they are cleared or approved. After a device has received 510(k) clearance for a specific intended use, any change or modification that significantly affects its safety or effectiveness, such as a significant change in the design, materials or method of manufacture, or that would constitute a new or major change in intended use, may require a new 510(k) clearance or PMA approval and payment of an additional FDA user fee. The determination as to whether or not a modification constitutes such a change is initially left to the manufacturer using available FDA guidance; however, the FDA may review this determination to evaluate the regulatory status of the modified product at any time and may require the manufacturer to cease marketing and recall the modified device until new 510(k) clearance or PMA approval is obtained. The manufacturer may also be subject to significant regulatory fines or penalties.
Clinical trials
Clinical trials are sometimes required for 510(k) clearance. Such trials generally require submission of an investigational device exemption (“IDE”) application to the FDA for a specified number of patients and study sites, unless the product is deemed to be a
risk device which may be subject to more abbreviated IDE requirements. If an IDE is required, the FDA and the appropriate institutional review boards (“IRBs”) at the clinical sites must approve the study before clinical trials may begin. Clinical trials are subject to extensive monitoring, record keeping and reporting requirements. Clinical trials must be conducted under the oversight of IRBs for the relevant clinical trial sites and must comply with FDA regulations, including but not limited to those relating to good clinical practices (“GCPs”), which include the requirement that all research subjects provide their informed consent for participation in each clinical study. The clinical trial sponsor, the FDA or the IRB could suspend or terminate a clinical trial at any time for various reasons, including a belief that the subjects are being exposed to an unacceptable health risk. Even if a trial is completed, the results of clinical testing may not adequately demonstrate the safety and effectiveness of the device or may otherwise not be sufficient to obtain FDA clearance to market the product.
Labeling and sale
All hearing aids commercially distributed in the United States must comply with specific FDA labeling requirements. These requirements address the labeling of the device itself as well as the User Instructional Brochure that must be provided to all potential hearing aid recipients. Hearing aids must be clearly and permanently marked with, among other things, the name of the device manufacturer, the model name or number, and the year of manufacture. In addition, the User Instructional Brochure must contain, among other things, specific instructions for the use of, maintenance and care of, and replacement or recharging of the batteries of the hearing instrument, information regarding known side effects that may warrant a physician consultation, a warning statement specified in FDA regulations, and technical data useful in selecting and fitting a hearing instrument and checking its performance.
In addition, FDA regulations require that the marketing of hearing aids comply with certain “conditions for sale,” including, among other things, the requirement that prospective hearing aid users must undergo a medical evaluation (or provide a signed waiver) before a hearing aid may be dispensed, along with certain recordkeeping requirements. In 2016, the FDA issued a guidance document stating that it did not intend to enforce the medical evaluation, waiver, or recordkeeping requirements prior to the dispensing of Class I
air-conduction
and Class II wireless
air-conduction
hearing aids to individuals 18 years of age and older. In addition, if the Proposed Rule is
finalized as written, we expect that hearing aids marketed as OTC under the new framework must comply with specified labeling requirements and applicable conditions for sale.
The hearing aids that we commercially distribute in the United States are subject to pervasive and continuing regulation by the FDA and certain state agencies. This includes product listing and establishment registration requirements, which facilitate FDA inspections and other regulatory actions. We are required to adhere to applicable current good manufacturing practice (“cGMP”) requirements, as set forth in the QSR, which require manufacturers, including third-party manufacturers, to follow stringent design, testing, control, documentation and other quality assurance procedures during all phases of the design and manufacturing process. We are also required to verify that our suppliers maintain facilities, procedures and operations that comply with applicable quality and regulatory requirements. The FDA enforces the QSR through periodic announced or unannounced inspections of medical device manufacturing facilities, which may include the facilities of contractors. FDA regulations also require investigation and correction of any deviations from the QSR and impose reporting and documentation requirements upon us and our third-party manufacturers. Noncompliance with these regulations can result in, among other things, fines, injunctions, civil penalties, recalls or seizures of products, total or partial suspension of production, FDA refusal to grant 510(k) clearance or PMA approval to new devices, withdrawal of existing clearances or approvals, and criminal prosecution.
We must also comply with post-market surveillance regulations, including medical device reporting, or MDR, requirements which require that we review and report to the FDA any incident in which our products may have caused or contributed to a death or serious injury, and any incident in which our product has malfunctioned if that malfunction would likely cause or contribute to a death or serious injury if it were to recur. We must also comply with medical device correction and removal reporting regulations, which require manufacturers to report to the FDA corrections and removals if undertaken to reduce a risk to health posed by the device or to remedy a violation of the FDCA that may present a risk to health. Although we may undertake recall actions voluntarily, we must submit detailed information on any recall action to the FDA, and the FDA can order a medical device recall in certain circumstances.
In addition to post-market quality and safety actions, labeling and promotional activities are subject to scrutiny by the FDA and, in certain circumstances, by the FTC. Medical devices approved or cleared by the FDA may not be promoted for unapproved or uncleared uses, otherwise known as
promotion. The FDA and other agencies actively enforce the laws and regulations prohibiting the promotion of
uses, and a company that is found to have improperly promoted
uses may be subject to significant liability, including substantial monetary penalties and criminal prosecution.
Failure to comply with applicable regulatory requirements, including delays in or failures to report incidents to the FDA as required under the MDR regulations, can result in enforcement action by the FDA, which can include any of the following sanctions:
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customer notifications or repair, replacement, refund, recall, administrative detention or seizure of our products;
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FDA refusals or delays on requests for 510(k) clearance or PMA approval of new or modified products;
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withdrawal of 510(k) clearances or PMA approvals that have already been granted;
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refusal to grant export approval for products; or
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civil penalties or criminal prosecution.
Other healthcare laws and regulations
The healthcare industry is also subject to federal and state fraud and abuse laws, including anti-kickback, self-referral, false claims and physician payment transparency laws, as well as patient data privacy and security and consumer protection and unfair competition laws and regulations. Our operations are also subject to certain state and local hearing care laws, including those applicable to the licensure and registration of audiologists and other individuals that dispense hearing aids, sales and marketing practices, interactions with consumers, consumer incentive and other promotional programs, and state corporate practice and
fee-splitting
prohibitions.
Fraud and abuse laws
In addition to the FDA, other broadly applicable federal and state healthcare laws and regulations apply to our operations and business practices. These laws may constrain the business or financial arrangements and relationships through which we conduct our operations, including our
activities and sales and marketing practices as well as other business practices. Additionally, we are subject to numerous federal healthcare anti-fraud laws, including the federal Anti-Kickback Statute, the Physician Self-Referral Law and the False Claims Act, that are intended to reduce fraud, waste and abuse in the healthcare industry, and analogous state laws that may apply to healthcare items and services paid by all payors, including
self-pay
patients and private insurers. These laws are broad and subject to evolving interpretations. They prohibit many arrangements and practices that are lawful in industries other than healthcare, including pricing, sales and marketing activities, sales commissions, customer incentive and other promotional programs, and the provision of gifts and business courtesies. We must operate our business within the requirements of these laws. Violations of any of these health regulatory laws may result in potentially significant penalties, including criminal and civil and administrative penalties, damages, fines, disgorgement, imprisonment, exclusion from participation in government healthcare programs, contractual damages, reputational harm, administrative burdens, diminished profits and future earnings, and the curtailment or restructuring of our operations.
In addition, the U.S. Physician Payments Sunshine Act requires manufacturers to report to the Department of Health and Human Services (“HHS”) detailed information about financial arrangements with physicians and teaching hospitals and, with reporting requirements going into effect in 2022 for payments made in 2021, financial arrangements with physician assistants, nurse practitioners, and other
mid-level
practitioners. These reporting provisions preempt state laws that require reporting of the same information, but not those that require reports of different or additional information. Failure to comply subjects manufacturers to significant civil monetary penalties.
State licensing, corporate practice and
fee-splitting
Regulation of the hearing aid industry exists in every state. These laws and regulations are primarily concerned with the licensure and registration of audiologists and other individuals and companies that dispense hearing aids, including procedures involving the fitting and dispensing of hearing aids. In addition, most states require warranty and return policies for consumers allowing for the return of product, and restrict hearing aid advertising and marketing practices. These state laws are subject to change, and states may impose more stringent requirements for dispensers of hearing aids. The FDCA preempts state laws relating to the safety and efficacy of medical devices and state laws that are different from or in addition to federal requirements. Although courts in certain jurisdictions have held that certain state laws relating to the fitting and dispensing of hearing aids are preempted because they relate to the safety and efficacy of medical devices, interpretative legal precedent and regulatory guidance varies by jurisdiction and is often sparse and not fully developed, including which laws and regulations are subject to the federal preemption relating to safety and efficacy of medical devices, complicating
our compliance efforts. Other courts could conclude that similar or identical state laws are not preempted. A determination that we are in violation of applicable laws and regulations in any jurisdiction in which we operate could have a material adverse effect on us, particularly if we are unable to restructure our operations and arrangements to comply with the requirements of that jurisdiction, if we are required to restructure our operations and arrangements at a significant cost, or if we are subject to penalties or other adverse action. Additionally, applicable federal laws and regulations continue to evolve. The FDA is currently engaged in a rulemaking process to publish a final regulation regarding OTC hearing aids. If the Proposed Rule is finalized as currently drafted, any state or local requirement specifically related to hearing products that would restrict or interfere with commercial activity involving OTC hearing aids would be preempted.
Our arrangements with hearing professionals may implicate certain state laws, commonly referred to as the corporate practice of learned professions, including audiology, and
fee-splitting
laws, which are intended to prevent unlicensed persons from interfering with or influencing the audiologist’s or other hearing care specialist’s professional judgment. These laws vary from state to state, including those where we do business, and are subject to broad interpretation and enforcement by state regulators. In the event that regulatory authorities or other third parties were to challenge these arrangements, we could be subject to adverse judicial or administrative interpretations, to civil or criminal penalties, our contracts could be found legally invalid and unenforceable or we could be required to restructure our arrangements with our audiologists and other licensed professionals. Audiologists and certain other hearing care specialists are required to maintain valid state licenses to practice and must comply with numerous state and local licensing laws and regulations, and each state defines the scope of practice for audiologists and other hearing care specialists through legislation and their respective state regulatory agencies and boards. Activities that qualify as professional misconduct under state law may subject our personnel to sanctions or may even result in loss of their licensure and could, possibly, subject us to sanctions as well.
Privacy and security
The Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations, as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) (collectively referred to as “HIPAA”), imposes privacy, security and breach reporting obligations with respect to individually identifiable health information upon “covered entities” (health care providers, health plans and health care clearinghouses), and their respective business associates, individuals or entities that create, receive, maintain or transmit protected health information in connection with providing a service for or on behalf of a covered entity. HITECH increased the civil and criminal penalties that may be imposed against covered entities and business associates and gave state attorneys general new authority to file civil actions for damages or injunctions in federal courts to enforce HIPAA and seek attorneys’ fees and costs associated with pursuing federal civil actions. Additionally, HIPAA mandates the reporting of certain breaches of health information to the HHS, affected individuals and, if the breach is large enough, the media.
Even when HIPAA does not apply, according to the FTC, failing to take appropriate steps to keep consumers’ personal information secure constitutes unfair acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act. The FTC expects a company’s data security measures to be reasonable and appropriate in light of the sensitivity and volume of consumer information it holds, the size and complexity of its business, and the cost of available tools to improve security and reduce vulnerabilities. Individually identifiable health information is considered sensitive data that merits stronger safeguards.
In addition, certain state and
laws, such as the General Data Protection Regulation (the “GDPR”) govern the privacy and security of health information in certain circumstances, some of which are more stringent than HIPAA and many of which differ from each other in significant ways and may not have the same effect, thus complicating compliance efforts. Failure to comply with these laws, where applicable, can result in the imposition of significant civil and/or criminal penalties and private litigation. For example, California enacted the California Consumer Privacy Act (the “CCPA”), which took effect on January 1, 2020. The CCPA, among
other things, creates new data privacy obligations for covered companies and provides new privacy rights to California residents, including the right to opt out of certain disclosures of their information. The CCPA also creates a private right of action with statutory damages for certain data breaches, thereby potentially increasing risks associated with a data breach. Although the law includes limited exceptions, including for “protected health information” maintained by a covered entity or business associate, it may regulate or impact our processing of personal information depending on the context. Further, the California Privacy Rights Act (the “CPRA”) passed in California. The CPRA will impose additional data protection obligations on covered businesses, including additional consumer rights processes, limitations on data uses, new audit requirements for higher risk data, and opt outs for certain uses of sensitive data. It will also create a new California data protection agency authorized to issue substantive regulations and could result in increased privacy and information security enforcement. The majority of the provisions will go into effect on January 1, 2023, and additional compliance investment and potential business process changes may be required. Similar laws have passed in Virginia, Colorado and Utah, and have been proposed in other states and at the federal level, reflecting a trend toward more stringent privacy legislation in the United States. The enactment of such laws could have potentially conflicting requirements that would make compliance challenging. In the event that we are subject to or affected by HIPAA, the CCPA, the CPRA or other domestic privacy and data protection laws, any liability from failure to comply with the requirements of these laws could adversely affect our financial condition. We may need to invest substantial resources in putting in place policies and procedures to comply with these evolving state laws.
We are subject to the GDPR in Europe, which went into effect in May 2018 and imposes strict requirements for processing the personal data of individuals within the European Union (the “EU”) and the European Economic Area (the “EEA”). Companies that must comply with the GDPR face increased compliance obligations and risk, including more robust regulatory enforcement of data protection requirements and potential fines for noncompliance of up to €20 million or 4% of the annual global revenues of the noncompliant company, whichever is greater. Among other requirements, the GDPR regulates transfers of personal data subject to the GDPR to third countries that have not been found to provide adequate protection to such personal data, including the United States, and the efficacy and longevity of current transfer mechanisms between the EU and the United States remains uncertain. For example, in 2016, the EU and United States agreed to a transfer framework for data transferred from the EU to the United States, called the Privacy Shield, but the Privacy Shield was invalidated in July 2020 by the Court of Justice of the European Union. Further, as of January 1, 2021, impacted companies have to comply with the GDPR and the United Kingdom GDPR (“UK GDPR”), which, together with the amended UK Data Protection Act 2018, retains the GDPR in UK national law. The UK GDPR mirrors the fines under the GDPR,
, fines up to the greater of €20 million (£17.5 million) or 4% of global turnover. While we continue to address the implications of the recent changes to European data privacy regulations, data privacy remains an evolving landscape at both the domestic and international level, with new regulations coming into effect and continued legal challenges, and our efforts to comply with the evolving data protection rules may be unsuccessful. It is possible that these laws may be interpreted and applied in a manner that is inconsistent with our practices. Accordingly, we must devote significant resources to understanding and complying with this changing landscape.
Foreign Corrupt Practices Act
The U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”), prohibits U.S. businesses and their representatives from offering to pay, paying, promising to pay or authorizing the payment of money or anything of value to a foreign official in order to influence any act or decision of the foreign official in his or her official capacity or to secure any other improper advantage in order to obtain or retain business. The FCPA also obligates companies whose securities are listed in the United States, like us, to comply with accounting provisions that require us to maintain books and records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the corporation, including international subsidiaries, if any, and to devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances regarding the reliability of financial reporting and the preparation of financial statements. The scope of the FCPA includes interactions with certain healthcare professionals in many countries.
Globally, other countries have enacted anti-bribery laws and/or regulations similar to the FCPA. Violations of any of these anti-bribery laws, or allegations of such violations, could have a negative impact on our business, results of operations and reputation.
Additionally, as described above, there are also international privacy laws that impose restrictions on the access, use, and disclosure of health information and, as in the United States, there are significant and complex laws and regulations pertaining to our products and business model. To the extent we expand internationally, we will need to expend time and resources evaluating and complying with any such laws and regulations. For more information, see the Risk Factors titled, “Any future international expansion will subject us to additional costs and risks that may have a material adverse effect on our business, financial condition and results of operations” and “We operate in a regulated industry and changes in the regulations or the implementation of existing regulations could affect our operations and prospects for future growth.”
Our operations, properties and products are subject to a variety of U.S. and foreign environmental laws and regulations governing, among other things, air emissions, wastewater discharges, management and disposal of hazardous and
materials and waste and remediation of releases of hazardous materials. We believe that we are in material compliance with environmental laws and regulations applicable to us. However, our failure to comply with present and future requirements under these laws and regulations, or environmental contamination or releases of hazardous materials on our leased premises, as well as through disposal of our products, could cause us to incur substantial costs, including
costs, personal injury and property damage claims, fines and penalties, costs to redesign our products or upgrade our facilities and legal costs, or require us to curtail our operations, any of which could seriously harm our business.
As of December 31, 2021, we had approximately 257 full-time employees worldwide, of which approximately 250 were employed in the United States. None of our employees is represented by a labor union or collective bargaining agreement, and we consider our employee relations to be good.
Talent attraction, development and retention
Our success depends in part on our continued ability to recruit, retain, develop and motivate a diverse population of talented employees at all levels of our organization. To succeed in a competitive industry, our human capital resources objectives include, as applicable, identifying, recruiting, retaining, incentivizing and integrating our existing and additional employees.
In addition to acquiring new talent, we focus on growing and developing our existing talent. We conduct regular individual performance reviews in which managers provide regular feedback and coaching to assist with employee development. We make investments to enhance employees’ skill levels and provide professional opportunities for career development and advancement. Our learning and development experiences focus on onboarding new hires as well as offering workshops focused on skills development and compliance training.
Our leadership team focuses on identifying the next generation of leaders to ensure that the organization is prepared to fill critical roles with employees who are prepared to support the strategy of the business and respond to the needs of key stakeholders. Furthermore, although we had a
at the end of 2021, we offered affected employees severance packages. Where possible, we offered opportunities for retraining and reskilling certain employees to reduce the impact of the
on our employees.
We view diversity as integral to our future success. Diversity in our workforce fosters innovation, while inclusion helps ensure that we have the right culture, processes, policies, and practices to make employees feel valued and included. Developing teams where team members feel heard, respected, and included is one of our core values. As of December 31, 2021, approximately 40% of our total domestic workforce was female and approximately 25% of our employees in domestic managerial roles were female. Minorities
(non-White)
constituted approximately 35% of our total domestic workforce and approximately 35% of our employees in domestic managerial roles were minorities as of the same date.
Compensation and benefits
We focus on paying employees fairly and competitively. As a medical device company in the healthcare industry, we recognize the importance of compensation and benefits that are designed to support the financial, mental, and physical well-being of our team members and their families. Our compensation packages typically include incentive plans comprised of discretionary stock-based compensation awards and cash-based performance bonus awards, health benefits, including options for medical plans, pharmacy, dental and vision coverage, a 401(k) plan, life and disability insurance, discretionary paid time off, family leave, a technology stipend for remote work, commuter benefit program, and a program for partial education reimbursement. Eligibility for, and the level of, benefits vary depending on team members’ full-time or part-time status, work location, compensation level, and tenure.
Health and safety
We remain focused on promoting the total wellness of our employees including resources, programs and services to support their physical, mental and financial wellness. As a result of the
pandemic, we have augmented certain historical business practices to ensure that we promote the health and safety of our employees. While we were never required to physically close our offices, we provided, when feasible, opportunities for employees to work remotely. We have established safety policies and protocols, and we regularly update our employees with respect to any changes. We also have adjusted attendance policies to encourage those who may be ill to stay home. To further protect our
employees, we have made available personal protective equipment and cleaning supplies. We have also provided general information updates and support for our employees to ensure that they have resources and information to protect their health and that of those around them, including their families and colleagues.
Our Internet address is www.eargo.com. We routinely post important information for investors on our website in the “Investor Relations” section, which may be accessed from our homepage at www.eargo.com or directly at https://ir.eargo.com/. We use this website as a means of disclosing material,
non-public
information and for complying with our disclosure obligations under Regulation FD. Accordingly, investors should monitor the Investor Relations section of our website, in addition to following our press releases, SEC filings, public conference calls, presentations and webcasts. Our goal is to maintain the Investor Relations website as a portal through which investors can easily find or navigate to pertinent information about us, free of charge, including:
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our Annual Reports on Form
Current Reports on Form
8-K
and amendments to those reports filed or furnished pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (“Exchange Act”), as well as our proxy statement, as soon as reasonably practicable after we electronically file that material with or furnish it to the SEC;
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announcements of investor conferences and events at which our executives talk about our products and competitive strategies, as well as archives of these events;
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press releases on quarterly earnings, product announcements, legal developments and other material news that we may post from time to time;
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corporate governance information, including our Corporate Governance Guidelines, Code of Business Conduct and Ethics, information concerning our Board of Directors and its committees, including the charters of the Audit Committee, Compensation Committee, and Nominating and Corporate Governance Committee;
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stockholder services information, including ways to contact our transfer agent; and
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opportunities to sign up for email alerts.
The content on our website is not incorporated by reference into, or a part of, this Annual Report on Form
or any other report or document we file with or furnish to the SEC, and any references to our website are intended to be inactive textual references only.
Below is a summary of the principal factors that make an investment in our common stock speculative or risky. This summary does not address all of the risks that we face. Additional discussion of the risks summarized in this risk factor summary, and other risks that we face, can be found below under the heading “Risk Factors” and should be carefully considered, together with other information in this Annual Report on Form
and our other filings with the SEC, before making investment decisions regarding our common stock.
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We face considerable uncertainty in our business prospects, as a significant portion of our revenue has historically been dependent upon reimbursement from third-party payors participating in the FEHB program but we have operated on a “cash pay” only basis since December 8, 2021. Following the civil settlement with the U.S. government on April
, 2022, we may be unsuccessful in validating and establishing processes to support the submission of claims for reimbursement from third-party payors participating in the FEHB program in the future. As a result, we have faced a significant reduction in revenue and any failure to establish processes to support reimbursement from third-party payors in the future may significantly and adversely impact our business and growth prospects and our ability to sell our products.
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Our negative cash flows and current lack of financial resources raise substantial doubt as to our ability to continue as a going concern. If we are unable to raise additional funding to meet our operational needs, we will be forced to limit or cease our operations and/or liquidate our assets.
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Potential opportunities for growth in our business outside of the FEHB program, such as the anticipated implementation of the pending OTC hearing aid regulatory framework and any potential Medicare, or other insurance, coverage for certain hearing aids, may not materialize and, as such, our business and growth prospects and our ability to sell our products may be materially and adversely impacted.
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We are subject to risks from legal proceedings, investigations and inquiries, including a number of recent legal proceedings and investigations, which have had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations, and could result in additional claims and material liabilities.
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We have a limited operating history and have grown significantly in a short period of time. If we are unable to manage our business and anticipated growth effectively, our business and growth prospects could be materially and adversely affected.
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If we fail to attract and retain senior management and key technology personnel, our business may be materially and adversely affected.
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We have a history of net losses, and expect to incur additional substantial losses in the foreseeable future.
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Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.
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If we cannot innovate at the pace of our hearing aid manufacturing competitors, we may not be able to develop or exploit new technologies in time to remain competitive.
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We are deploying a new business model in an effort to disrupt a relatively mature industry. In order to successfully challenge incumbent business models and become profitable, we will need to continue to refine our product and strategy.
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We operate in a highly competitive industry, and competitive pressures could have a material adverse effect on our business.
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If we are unable to reduce our return rates or if our return rates continue to increase, our net revenue may continue to decrease, and our business, financial condition and results of operations could be adversely affected.
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We rely on a limited number of manufacturers for the assembly of our hearing aids. If we encounter manufacturing problems or delays, we may be unable to promptly transition to alternative manufacturers and our ability to generate revenue will be limited.
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We rely on the timely supply of high-quality components, parts and finished products, and our business could suffer if suppliers or manufacturers are unable to procure raw materials or other components of an acceptable quality (or at all) or otherwise fail to meet their delivery obligations, raise prices or cease to supply us with components, parts or products or acceptable quality.
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If the quality of our hearing aid products does not meet consumer expectations, or if our products wear out more quickly than expected, then our brand and reputation or our business could be adversely affected.
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There are a variety of hearing aid products and technologies, and consumer confusion about product features and technology could lead consumers to purchase competitive products instead of our products, or to conflate any adverse events or safety issues associated with third-party hearing aid products with our products, which could adversely affect our business, financial condition and results of operations.
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Our success depends in part on our proprietary technology, and if we are unable to obtain, maintain or successfully enforce our intellectual property rights, the commercial value of our products and services will be adversely affected and our competitive position may be harmed.
Our operating and financial results are subject to various risks and uncertainties. You should carefully consider the risks described below, as well as all of the other information contained in this Annual Report on Form
including our financial statements and related notes, before investing in our common stock. While we believe that the risks and uncertainties described below are the material risks currently facing us, additional risks that we do not yet know of or that we currently think are immaterial may also arise and materially affect our business.
Risks relating to our industry and business
We face considerable uncertainty in our business prospects, as a significant portion of our revenue has historically been dependent upon reimbursement from third-party payors participating in the FEHB program but we have operated on a “cash pay” only basis since December 8, 2021. Following the civil settlement with the U.S. government on April 29, 2022, we may be unsuccessful in validating and establishing processes to support the submission of claims for reimbursement from third-party payors participating in the FEHB program in the future. As a result, we have faced a significant reduction in revenue and any failure to establish processes to support reimbursement from third-party payors in the future may significantly and adversely impact our business and growth prospects and our ability to sell our products.
A significant portion of our revenue has historically been dependent on payments from third-party payors; for example, in the quarter ended September 30, 2021, 6,243 out of the 13,117 total gross systems shipped were for customers with potential insurance benefits. However, since December 8, 2021, we have not accepted insurance benefits as a method of direct payment.
Third-party payors periodically conduct
pre-
and post-payment reviews, including audits of previously submitted claims, and we are currently experiencing and may experience such reviews and audits of claims in the future. Historically, we submitted claims to a concentrated number of third-party payors under certain benefit plans, and substantially all such claims related to the FEHB program. We suspended all claims submission activities on September 22, 2021 when we learned of the investigation by the DOJ related to our role in customer reimbursement claim submissions to various federal employee health plans under the FEHB program.
On April 29, 2022, we entered into a civil settlement agreement with the U.S. government that resolved the DOJ investigation. Pursuant to the settlement agreement, we paid approximately $34.4 million to the U.S. government. We cooperated fully with the DOJ investigation. We deny the allegations in the settlement agreement, and the settlement is not an admission of liability by us. While we will need to work with the OPM to align on the process and required documentation for potentially submitting claims through the FEHB program in the future, we may be unable to validate and establish processes to support the submission of claims for reimbursement to health plans under the FEHB program in the future. For example, we do not currently conduct
hearing tests as they run counter to our primary
business and omni-channel models. If a process by which we might be able to obtain reimbursement of claims for our products were to require
hearing tests, we may not be able to efficiently or effectively integrate such tests into our operating model.
Following the settlement with the U.S. government, we remain subject to prepayment review of claims by our largest third-party payor, which accounted for approximately 90% of our gross accounts receivable as of December 31, 2021. Further, with respect to such payor, claims submitted since March 1, 2021 have not been paid and have either been denied or have not yet and may never be submitted for reimbursement by us. Two additional payor audits related to claims submitted for customers with FEHB plans are also in process, although one of the payors has continued to process claims during its audit. Additionally, as of December 2021, we are subject to a new audit that does not relate to claims submitted under the FEHB program.
As a result of the change to a
only business model, we have faced a significant reduction in revenue and reduced growth prospects. If we are unable to establish processes to support reimbursement from third-party payors in the future, our business and growth prospects and our ability to sell our products may be significantly and adversely impacted.
Our negative cash flows and current lack of financial resources raise substantial doubt as to our ability to continue as a going concern. If we are unable to raise additional funding to meet our operational needs, we will be forced to limit or cease our operations and/or liquidate our assets.
We believe that, without any future financing, we will not be able to satisfy our obligations as they become due within one year from the date of filing of this Annual Report on Form 10-K. We anticipate our future capital requirements will be substantial and that we will need to raise significant additional capital to fund our operations through equity or debt financing, or some combination thereof. While we are currently exploring fundraising opportunities to meet these capital requirements, additional capital may not be available to us on acceptable terms on a timely basis, or at all. If we are unable to raise additional funding to meet our operational needs, we will be forced to limit or cease our operations and/or liquidate our assets, in which case it is likely that investors would lose part or all of their investment.
Our expected future capital requirements and ability to raise additional capital will depend on many factors, including but not limited to the following:
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investor confidence in our ability to continue as a going concern;
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the timing, receipt and amount of sales from our current and future products;
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the costs involved in resolving third-party claims audits and recoupment of previous claims paid, as well as other legal proceedings (including the shareholder class action and derivative suits discussed in
Note 6 to the Consolidated Financial Statements included in this Annual Report on Form 10-K), and their duration and impact on our business generally (particularly with respect to our ability in future periods to accept insurance as a direct method of payment);
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the availability of insurance coverage for our hearing aid devices, and any costs associated with reimbursement and compliance, including anticipated implementation of a pending OTC regulatory framework (which may lead insurance providers to take actions limiting our ability to access insurance coverage and may also generally result in additional compliance or other regulatory requirements for us), and any resulting changes to our business model, including a potential long-term shift to a model that excludes insurance benefits as a method of direct payment to Eargo, which would likely result in a sustained increased cost of customer acquisition;
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the cost and timing of expanding our sales, marketing and distribution capabilities;
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any expenses, as well as the impact to our business and operating model, as a result of changes in the regulatory landscape for hearing aid devices;
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the cost of manufacturing, either ourselves or through third-party manufacturers, our products;
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the terms, timing and success of any other licensing, partnership, omni-channel, including retail, or other arrangements that we may establish;
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any product liability or other lawsuits related to our current or future products;
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the expenses needed to attract, hire and retain skilled personnel;
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the extent of our spending to support research and development activities and the expansion of our product offerings;
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the costs associated with being a public company;
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the duration and severity of the COVID-19 pandemic and its impact on our business and financial markets generally;
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the costs involved in preparing, filing, prosecuting, maintaining, defending and enforcing our intellectual property portfolio; and
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the extent to which we acquire or invest in businesses.
If we raise additional funds through further issuances of equity or convertible debt securities, our existing stockholders could suffer significant dilution, and any new equity securities we issue could have rights, preferences, and privileges superior to those of holders of our common stock. Debt financing, if available, is likely to involve restrictive covenants limiting our flexibility in conducting future business activities. Even if we are able to raise significant additional capital necessary to continue our operations within the next year, if we are unable to obtain additional adequate financing or financing on terms satisfactory to us, when we require it, our ability to continue to pursue our business objectives, develop our technology and products, and respond to business opportunities, challenges, unforeseen circumstances, or developments, including the anticipated implementation of a pending OTC hearing aid regulatory framework, could be significantly limited, and our business, financial condition and results of operations could be materially adversely affected.
Potential opportunities for growth in our business outside of the FEHB program, such as the anticipated implementation of the pending OTC hearing aid regulatory framework and any potential Medicare, or other insurance, coverage for certain hearing aids, may not materialize and, as such, our business and growth prospects and our ability to sell our products may be materially and adversely impacted.
Since December 8, 2021, we have not accepted insurance benefits as a method of direct payment. While we will need to work with the OPM to align on the process and required documentation for potentially submitting claims through the FEHB program in the future, we may be unable to validate and establish processes to support the submission of claims for reimbursement to health plans under the FEHB program in the future. As such, our
future growth prospects may be dependent upon other opportunities, such as the pending OTC hearing aid regulatory framework and any potential Medicare, or other insurance, coverage for certain hearing aids that we may be able to access.
We intend to focus on both securing third-party reimbursement and increasing coverage and reimbursement for our current products and any future products we may develop. Our long-term ability to service insurance customers may be dependent on any potential actions insurance providers may take following the anticipated implementation of the pending OTC hearing aid regulatory framework that may limit our ability to access insurance coverage (and which OTC framework may also generally result in additional compliance or other regulatory requirements for Eargo). It may also be dependent on any potential Medicare, or other insurance, coverage for certain hearing aids (which may not include Eargo hearing aids). We may never achieve sufficient additional third-party reimbursement to meaningfully restore or expand our access to insurance coverage.
We cannot predict whether, under what circumstances, or at what payment levels third-party payors will cover and reimburse our products. If we fail to establish and maintain broad adoption of our products or fail to penetrate the insurance and managed care markets for our products, our ability to generate revenue could be harmed and our prospects and our business could suffer. To the extent we sell our products internationally, market acceptance may depend, in part, upon the availability of coverage and reimbursement within prevailing healthcare payment systems. Reimbursement and healthcare payment systems in international markets vary significantly by country and include both government-sponsored healthcare and private insurance. We may not obtain international coverage and reimbursement approvals in a timely manner, if at all. Our failure to receive such approvals would negatively impact market acceptance of our products in the international markets in which those approvals are sought. Please also see the Risk Factor titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.”
We are subject to risks from legal proceedings, investigations, and inquiries, including a number of recent legal proceedings and investigations, which have had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations, and could result in additional claims and material liabilities.
We are currently subject to a number of legal proceedings, investigations and inquiries, including: (i) purported securities class action litigation alleging that certain of our disclosures about our business, operations and prospects, including reimbursements from third-party payors, violated federal securities laws; and (ii) purported derivative action alleging the directors breached their fiduciary duties by allegedly failing to implement and maintain an effective system of internal controls related to the Company’s financial reporting, public disclosures, and compliance with laws, rules and regulations governing the business. On April
, 2022, we entered into a civil settlement agreement with the U.S. government that resolved the DOJ investigation and pursuant to which we paid approximately $34.4 million. We remain subject to audit or prepayment review by various third-party payors. In addition, we could face additional legal proceedings, investigations, and inquiries relating to these or similar matters. For more information regarding legal proceedings, see “Item 1. Legal Proceedings.”
We are unable to predict how long such legal proceedings, investigations and inquiries will continue, but we have incurred and anticipate that we will continue to incur significant costs in connection with these matters and that these legal proceedings, investigations and inquiries have resulted and will continue to result in substantial distraction of management’s time, regardless of the outcome. These legal proceedings, investigations and inquiries may result in damages, fines, penalties, consent orders or other sanctions (including exclusion from government programs and/or a recoupment of previous claims paid) against us and/or certain of our officers or directors, or in changes to our business practices, including the potential long-term shift to a model excluding insurance as a method of payment to Eargo. Furthermore, publicity surrounding these legal proceedings, investigations and inquiries or any enforcement action as a result thereof, even if ultimately resolved favorably for us, coupled with the recent intensified public scrutiny of our Company, could result in additional legal proceedings, investigations and inquiries. As a result, these legal proceedings, investigations and inquiries have
had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations.
These legal proceedings, investigations and inquiries, and the uncertainty stemming from them, could also precipitate or heighten the other Risk Factors that we identify in this Item 1A, any of which could materially adversely impact our business. Further, these legal proceedings, investigations and inquiries may also affect our business and financial results in a manner that is not presently known to us or that we currently do not consider to present significant risks to our operations.
Additionally, we may become subject to other legal disputes and regulatory proceedings in connection with our business activities involving, among other things, product liability, product defects, intellectual property infringement and/or alleged violations of applicable laws in various jurisdictions. Although we maintain liability insurance in amounts we believe to be consistent with industry practice, we may not be fully insured against all potential damages that may arise out of any claims to which we may be party in the ordinary course of our business. A negative outcome of these proceedings may prevent us from pursuing certain activities and/or require us to incur additional costs in order to do so and pay damages.
The outcome of pending or potential future legal and arbitration proceedings is difficult to predict with certainty. In the event of a negative outcome of any material legal or arbitration proceeding, whether based on a judgment or a settlement agreement, we could be obligated to make substantial payments, which could have a material adverse effect on our business, financial condition and results of operations. In addition, the costs related to litigation and arbitration proceedings may be significant, and any legal or arbitration proceedings could have a material adverse effect on our business, financial condition and results of operations.
We have a limited operating history and have grown significantly in a short period of time. If we are unable to manage our business and anticipated growth effectively, our business and growth prospects could be materially and adversely affected.
We were organized in 2010 and began selling hearing aids in 2015. In that time, we have grown significantly, increasing the size of our organization and expanding our business. We have expanded, and any growth that we experience in the future will require us to further expand, our sales, clinical, and research and development personnel (including those with software and hardware expertise), our manufacturing operations and our general and administrative infrastructure. As a public company, we need to support increased managerial, operational, financial and other resources. Rapid expansion in personnel could mean that less experienced people develop, market and sell our products, which could result in inefficiencies and unanticipated costs, reduced quality and disruptions to our operations. In addition, rapid and significant growth may strain our administrative and operational infrastructure.
The challenges we face in managing our business, including our shift to a
only business model, the obstacles to our being able to obtain reimbursement for our products from third-party payors, and the changing regulatory landscape, place significant demands on our management, financial, operational, technological and other resources, and we expect that managing our business will continue to place significant demands on our management and other resources and will require us to continue developing and improving our operational, financial and other internal controls, reporting systems and procedures. In particular, the challenges in managing our business involve a number of areas, including recruiting and retaining sufficient skilled personnel, providing adequate training and supervision to maintain our high-quality product standards and regulatory compliance and preserving our culture and values. We may not be able to address these challenges in a cost-effective manner, or at all. In addition, we completed an employee workforce reduction in the fourth quarter of 2021, which may continue to impact the attraction and retention of employees, as well as employee morale and productivity. We cannot assure you that any increases in scale, related improvements and quality or compliance assurance will be successfully implemented or that appropriate personnel will be available to facilitate the management and growth of our business. Failure to implement necessary procedures, transition to new processes or hire the necessary personnel could result in higher costs or an inability to meet demand. If we do not effectively manage our
business through the various challenges we face, we may not be able to execute on our business plan, respond to competitive pressures, take advantage of market opportunities, satisfy customer requirements or maintain high-quality product offerings, which could have a material adverse effect on our business, financial condition and results of operations.
If we fail to attract and retain senior management and key technology personnel, our business may be materially and adversely affected.
Our success depends in part on our continued ability to attract, retain and motivate highly qualified management, administrative and clinical and scientific personnel, including those with software and hardware expertise. We are highly dependent upon our senior management, particularly our President and Chief Executive Officer, as well as our senior technology personnel and other members of our senior management team. The unplanned loss of the services of any of our members of senior management could adversely affect our business until a suitable replacement can be found.
Competition for qualified personnel in the medical device field in general and the audiology field specifically is intense due to the limited number of individuals who possess the training, skills and experience required by our industry. In addition, our success also depends on our ability to attract, recruit, develop and retain skilled managerial, sales, administration, operating and technical personnel. We will continue to review, and where necessary, strengthen our senior management as the needs of the business develop, including through internal promotion and external hires. However, there may be a limited number of persons with the requisite competencies to serve in these positions and we cannot assure you that we would be able to locate or employ such qualified personnel on terms acceptable to us, or at all. Therefore, the unplanned loss of one or more of our key personnel, or our failure to attract and retain additional key personnel, could have a material adverse effect on our business, financial condition and results of operations. Our ability to attract and retain such qualified personnel has been and may continue to be negatively impacted by the DOJ investigation or shareholder litigation, our recent workforce reduction and suspension of certain of our equity compensation practices, and related negative publicity. In addition, to the extent we hire personnel from competitors, we may be subject to allegations that they have been improperly solicited or that they have divulged proprietary or other confidential information, or that their former employers own their research output.
We may experience difficulties in managing our business, and a deterioration in our relationships with our employees could have an adverse impact on our business.
We expect to rely on our managerial, operational, finance and other resources in order to manage our operations and continue our research and development activities. We may expand our international operations, which would subject us to the legal, political, regulatory and social requirements and economic conditions of these jurisdictions, and create a variety of potential operational challenges due to a variety of international factors, including local labor laws and regulations and managing a geographically dispersed workforce. Our management and personnel, systems and facilities currently in place may not be adequate to support our business. Our need to effectively execute our strategy requires that we:
•
manage our commercial operations effectively;
•
identify, recruit, retain, incentivize and integrate additional employees;
•
manage our internal development and operational efforts effectively while carrying out our contractual obligations to third parties; and
•
continue to improve our operational, financial and management controls, reports systems and procedures.
Maintaining good relationships with our employees is crucial to our operations. As a result, any deterioration of the relationships with our employees could have a material adverse effect on our business, financial condition and results of operations. Our ability to attract and retain qualified personnel, and foster positive employee
morale, has been and may continue to be negatively impacted by the DOJ investigation and related negative publicity as well as the suspension of certain of our equity compensation practices. In addition, we completed an employee workforce reduction in the fourth quarter of 2021, which may impact the attraction and retention of employees, as well as employee morale and productivity. Further, many of our key employees receive a total compensation package that includes equity awards. In addition to the aforementioned suspension of certain equity compensation practices, volatility in the stock market, our share price and other factors could diminish the Company’s use or the value of the Company’s equity awards, putting the Company at a competitive disadvantage.
Additionally, material disruption to our business as a result of strikes, work stoppages or other labor disputes could disrupt our operations, result in a loss of reputation, increased wages and benefits or otherwise have a material adverse effect on our business, financial condition and results of operations.
We have a history of net losses, and we expect to incur additional substantial losses in the foreseeable future.
We have incurred net losses since inception, and we expect to incur additional substantial losses in the foreseeable future. For the years ended December 31, 2021 and 2020, we incurred net losses of $157.8 million and $39.9 million, respectively. As a result of our ongoing losses, as of December 31, 2021, we had an accumulated deficit of $356.8 million. Since inception, we have spent significant funds on organizational and
start-up
activities, to recruit key managers and employees, to develop our hearing aids, to develop our manufacturing
know-how
and customer support resources and for research and development. The net losses we incur may fluctuate significantly from quarter to quarter and have and may continue to increase as a result of the costs involved in resolving the DOJ investigation, including the approximately $34.4 million we paid pursuant to the settlement agreement with the U.S. government, and other corrective actions and recoupment of previous claims paid, as well as other legal proceedings, and their duration and impact on our business generally. They may also fluctuate and increase as a result of the anticipated implementation of a pending OTC hearing aid regulatory framework and any potential Medicare coverage for certain hearing aids, neither of which may ultimately be favorable to us.
Our long-term success is dependent upon our ability to successfully develop, commercialize and market our products, earn revenue, obtain additional capital when needed and, ultimately, to achieve profitable operations. The uncertainty regarding the extent to which we are able to validate and establish processes to support the submission of claims for reimbursement to health plans, including those under the FEHB program, if at all, in the future, the anticipated implementation of a pending OTC hearing aid regulatory framework (which may lead insurance providers to take actions limiting our ability to access insurance coverage and may also generally result in additional compliance or other regulatory requirements for Eargo) and potential Medicare coverage for certain hearing aids (which may not include Eargo hearing aids) will require that we evaluate and consider any changes to our business model as new information becomes available, including a potential long-term shift to a model excluding insurance as a method of payment to Eargo, which would likely result in a sustained increased cost of customer acquisition and a reduction in shipments, revenue, gross margin and higher operating expenses, which could have a material negative impact on our ability to achieve profitability and our growth prospects. We will need to generate significant additional revenue and raise significant additional capital to continue our operations and potentially achieve profitability. It is possible that even if we generate significant additional revenue and raise significant additional capital, we will not achieve profitability or that, even if we do achieve profitability, we may not maintain or increase profitability in the future. Without the benefit of customers with insurance coverage and significant additional capital, the future prospects of the Company and our ability to achieve profitability are uncertain.
Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.
Hearing aids are considered medical devices subject to regulation by the FDA. We currently market our products pursuant to the FDA regulatory framework for
air-conduction
hearing aids, which are classified as Class I or
Class II devices exempt from premarket review procedures. In addition, while applicable FDA regulations establish certain “conditions for sale” of all hearing aids, including that prospective hearing aid users must have a medical evaluation by a licensed physician within the six months prior to hearing aid dispensation or sign a waiver of medical evaluation, the FDA has stated that it does not intend to enforce these medical evaluation and waiver requirements prior to the dispensing of Class I
air-conduction
and Class II wireless
air-conduction
hearing aids to individuals 18 years of age and older. Accordingly, while we are required to comply with other FDA requirements, including specific hearing aid labeling requirements and provision of a User Instructional Brochure, our products have not been reviewed by the FDA and are not dispensed by licensed physicians. If the FDA were to determine that our products do not properly satisfy the conditions for marketing Class I or Class II
air-conduction
hearing aid devices, we could be forced to cease distribution of our products until we obtain regulatory clearance or approval, and we could be subject to additional enforcement action by the FDA. In addition, many states have laws regarding the provision of hearing aid devices, and if we are found to be in violation of the laws of any state in which our devices are sold, we could be subject to further sanctions at the state level.
The regulatory landscape for hearing aid devices has been subject to recent changes that may alter or increase our requirements for regulatory compliance. The FDARA set forth a process to create a new category of OTC hearing aids that are intended to be available without supervision, prescription, or other order, involvement or intervention of a licensed practitioner. The language in FDARA is not self-implementing, which means that the OTC hearing aid category does not exist until the effective date of a published final regulation. On October 20, 2021, the FDA published a notice of proposed rulemaking to establish new regulatory categories for OTC and prescription hearing aids (“Proposed Rule”). The Proposed Rule also includes revised requirements for labeling, conditions for sale, performance standards and other provisions applicable to either OTC or prescription hearing aids, or both. Under FDARA, the OTC hearing aid controls that are the subject of the rulemaking, if finalized, would preempt any state or local requirement specifically related to hearing products that would restrict or interfere with commercial activity involving OTC hearing aids. The comment period on the Proposed Rule, in which we participated, ended on January 18, 2022, after which the FDA will review the comments and make any revisions the FDA deems necessary prior to publishing the Final Rule. The Final Rule becomes effective 60 days after the publication of the Final Rule. Under the Proposed Rule, devices that require 510(k) clearance to come into compliance with the new requirements would need to be cleared by the effective date of the Final Rule to continue marketing; for all other currently marketed devices, the proposed compliance date is 180 days after the effective date of the Final Rule (240 days after the publication of the Final Rule).
We market the Eargo system devices as Class I or Class II
air-conduction
hearing aids under existing regulations at 21 CFR 874.330 and 874.3305, both of which are exempt from 510(k) premarket review. Our hearing aids may be marketed under the current FDA framework during the FDA’s rulemaking proceeding. However, we cannot know to what extent the Final Rule may differ from the Proposed Rule. Once the FDA issues a Final Rule, we will need to expend time and resources evaluating the Final Rule and ensuring that our devices and processes come into compliance with the new requirements in order to market our products in line with our primary
business and omni-channel models in the future. It is possible that a finalized regulatory framework for OTC hearing aids may lead to additional commercial partnership, omni-channel, including retail, or other opportunities, although there are no assurances that it will do so. The Final Rule and the responses thereto by leading insurance providers could also materially impact our efforts to resume submitting claims for customers with potential insurance benefits or have other unforeseen impacts on our business and results of operations.
In addition, in May 2018, the FDA granted a de novo classification request from Bose for a
“self-fitting
air-conduction
hearing aid,” and effective October 28, 2019, the FDA published 21 CFR 874.3325, establishing the product classification for the self-fitting air conduction hearing aid as a Class II device with special controls subject to 510(k) premarket review. We do not consider our devices to be “self-fitting” hearing aids similar to the cleared Bose device, but the FDA could disagree. In such case, the FDA may require us to remove our devices from the market while we seek FDA clearance. In addition, even if our current products
remain Class I or Class II exempt devices, it is possible that any future products we may develop could fail to meet the requisite criteria for similar regulation and could be subject to more stringent requirements and premarket review, increasing our costs for regulatory compliance.
Finally, in October 2021, the Biden administration outlined its plan to expand government healthcare programs as part of its broader domestic spending bill, which includes, among other things, extending Medicare coverage to include hearing benefits. Congress has considered and is considering legislation that would provide for such coverage, for example, the Build Back Better Act (H.R. 5376), which was passed by the House on November 19, 2021. The bill, as passed by the House, would provide Medicare coverage for certain hearing aids to individuals with specific types of hearing loss, furnished pursuant to a written order of a physician, qualified audiologist or other hearing aid professional, physician assistant, nurse practitioner or clinical nurse specialist. This bill has not yet been passed by the Senate, and we cannot predict the likelihood, nature, or extent to which Medicare or other government healthcare programs will cover hearing aids, if at all, or specifically our hearing aids, which are intended for “mild” or “moderate” hearing loss, or the impact of any such changes on our business, financial condition or results of operations.
If we cannot innovate at the pace of our hearing aid manufacturing competitors, we may not be able to develop or exploit new technologies in time to remain competitive.
The hearing aid industry has in the past experienced rapid shifts to new key technologies, including for example the switch from analog to digital hearing aids in the 1990s, that disrupted existing market patterns and led to a large-scale market realignment among customers and hearing aid manufacturers. For us to remain competitive, it is essential to develop and bring to market new technologies or to find new applications for existing technologies at an increasing speed. If we are unable to meet customer demands for new technology, or if the technologies we introduce are viewed less favorably than our competitors’ products, our results of operations and future prospects may be negatively affected. To meet our customers’ needs in these areas, we must continuously design new products, update existing products and invest in and develop new technologies. We will also need to anticipate consumer demand with respect to these technologies and which technological advances are most desirable in the hearing aids we sell. This need will result in requiring our employees to continue learning and adapting to new technologies, and our competing for highly skilled talent in a competitive market. Our operating results depend to a significant extent on our ability to anticipate and adapt to technological changes in the hearing aid market, maintain innovation, maintain a strong product pipeline and reduce the costs of producing high-quality new and existing hearing aids. Any inability to do so could have a material adverse effect on our business, financial condition and results of operations.
We are deploying a new business model in an effort to disrupt a relatively mature industry. In order to successfully challenge incumbent business models and become profitable, we will need to continue to refine our product and strategy.
business model is relatively new to the hearing aid industry. Our products are currently primarily available
and are therefore generally not sold by channels which consumers would traditionally look to for the treatment of their hearing loss. Because audiologists and hearing clinics do not offer our products, they are unlikely to recommend our products to their patients. If we are unable to reach this population through our online or direct and channel marketing, the estimated market size for our products may be lower than we anticipate.
Delivery of hearing aids via a
model represents a change from the traditional channel, which requires
visits to one or more hearing care professionals, and consumers may be reluctant to accept this model or may not find it preferable to the traditional channel. In addition, consumers may not respond to our direct and channel marketing campaigns or efforts, or we may be unsuccessful in reaching our target audience, particularly if we expand our sales efforts in foreign jurisdictions where our advertising and distribution model may be more heavily regulated. If consumers prove unwilling to adopt our model as rapidly or in the numbers that we anticipate, our business, financial condition and results of operations could be materially harmed.
Historically, the majority of hearing aids sold to customers who used insurance benefits as a method of direct payment to Eargo corresponded to claims for reimbursement to third-party payors under the FEHB program. While we will need to work with the OPM to align on the process and required documentation for potentially submitting claims through the FEHB program in the future, we may be unable to validate and establish processes to support the submission of claims for reimbursement to health plans under the FEHB program in the future. As such, our future growth prospects may be dependent upon other opportunities, such as the pending OTC hearing aid regulatory framework and any potential Medicare coverage for certain hearing aids that we may be able to access.
We operate in a highly competitive industry, and competitive pressures could have a material adverse effect on our business.
The worldwide market for hearing aids is competitive in terms of pricing, product quality, product innovation and
time-to-market.
We face strong competitors, which have greater resources and stronger financial profiles that may enable them to better exploit changes in our industry on a cost-competitive basis and to be more effective and faster in capturing available market opportunities, which in turn may negatively impact our market share. There are five major traditional manufacturer competitors in the industry—GN Store Nord, Sonova, Starkey, William Demant and WS Audiology—who together control a significant majority of the hearing aid market.
In addition to these manufacturer competitors, Costco sells multiple brands of hearing aids, including those of the traditional manufacturers and Costco’s own white-label Kirkland Signature brand of hearing aid, at prices ranging from approximately $1,400 to $2,950 per pair. We estimate that during 2019, Costco dispensed approximately 14% of the hearing aids distributed in the United States, which percentage is expected to increase going forward. The United States Department of Veterans Affairs (the “VA”) is also a significant provider of hearing aids and provides hearing aids at no charge to its patients. We estimate that, in 2019, the VA dispensed approximately 19% of the hearing aids distributed in the United States. Our products are not distributed by Costco, or on contract or currently eligible to be distributed by the VA.
We also face competition from companies that introduce new technologies, including consumer electronics companies that sell direct to consumers. For example, in May 2018, the FDA granted marketing clearance to Bose Corporation for a “self-fitting
air-conduction
hearing aid.” The Bose self-fitting hearing aid was cleared under the FDA’s de novo premarket review pathway with the intended use to amplify sound for individuals 18 years of age or older with perceived mild to moderate hearing impairment, with no
or hearing test necessary. We view our consumer-first model as a competitive advantage, and competitors, including Bose or other consumer electronics companies, or any other companies following the anticipated implementation of a pending OTC hearing aid regulatory framework, that sell hearing aids directly to consumers may erode that advantage. Please see the Risk Factor titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.”
We also face competition from other
hearing aid providers. Similar to our business model, these hearing aid companies allow consumers to purchase hearing aids remotely, with no need to visit a clinic and they provide remote clinical support. Given the similarities in our business model to these providers, if potential consumers opt to buy their hearing aids from these
competitors, our business could be adversely affected.
We may be unable to compete with these or other competitors, and one or more of such competitors may render our technology obsolete or economically unattractive. Please see the Risk Factor titled “If we cannot innovate at the pace of our hearing aid manufacturing competitors, we may not be able to develop or exploit new technologies in time to remain competitive.” To the extent we expand internationally, we will face additional competition in geographies outside the United States. If we are unable to compete effectively with existing products or respond effectively to any new products developed by competitors, our business could be materially harmed. Increased competition may result in price reductions, reduced gross margins and loss of market share.
There can be no assurance that we will be able to compete successfully against our current or future competitors or that competitive pressures will not have a material adverse effect on our business, financial condition and results of operations.
We rely on the timely supply of high-quality components, parts and finished products, and our business could suffer if suppliers or manufacturers are unable to procure raw materials or other components of an acceptable quality (or at all) or otherwise fail to meet their delivery obligations, raise prices or cease to supply us with components, parts or products of acceptable quality.
We rely on a limited number of critical suppliers for many of the components that are used in the manufacture of our products, including for semiconductor components, such as integrated circuits, as well as batteries, microphones and receivers. We are dependent on these third-party manufacturers and suppliers to identify and purchase quality raw materials, semi-finished goods and finished goods while seeking to preserve our quality standards. This reliance and dependence on third parties adds additional risks to the manufacturing process that are beyond our control. For example, the occurrence of epidemics or pandemics, such as the
pandemic, may cause labor shortages and/or disrupt the supply of various raw materials and components, causing price spikes and/or shortages. As a result, one or more of our suppliers or manufacturers may suspend, close or otherwise reduce the scope of their operations either temporarily or permanently.
In addition, many of these suppliers also provide components and products to our competitors. The industry’s reliance on a limited number of key components and product suppliers subjects us to the risk that in the event of an increase in demand or shortage of key materials or components, our suppliers may fail to provide supplies to us in a timely manner while they continue to supply our competitors, many of which have greater purchasing power than us, or seek to supply components to us at a higher cost. Lead times for materials, components and products ordered by us or by our contract manufacturers can vary significantly and depend on factors such as contract terms, demand for a component, and supplier capacity. From time to time, we may experience and have experienced component shortages and extended lead times, as well as increased component costs and increased logistics costs, including on semiconductor components and batteries, and other components used in our products.
While we continue to monitor our supply chain and have taken and are taking actions to address limited supply and increasing lead times, including outreach to critical suppliers and spot market purchases, future disruptions in our supply chain, including the sourcing of certain components and raw materials by us or our suppliers, such as semiconductor and memory chips, as well as increased logistics and inflationary costs, could impact our sales and gross margins as well as launch and shipment of our products. The failure of our suppliers or manufacturers to deliver components or products in a timely fashion could have disruptive effects on our ability to produce our products in a timely manner, or we may be required to find new suppliers or manufacturers at an increased cost, if at all. Shortages or interruptions in the supply of components or subcontracted products, or our inability to procure these components or products from alternate sources at acceptable prices in a timely manner, could delay launch or shipment of our products or increase our production costs, which could adversely affect our business and operating results. The effects of climate change, including extreme weather events, long-term changes in temperature levels and water availability may exacerbate these risks. Such disruption has in the past impacted our costs and could in the future impact costs or interrupt our ability to source certain product components. A severe weather event in countries from which we source components and parts could cause disruptions in the Company’s supply chain which could, in turn, cause product shortages, delays in delivery and/or increases in the Company’s cost incurred to manufacture its products.
Any shortage, delay or interruption in the availability of our products, or key inputs used in their production, may negatively affect our ability to meet consumer demand. Additionally, our reputation and the quality of our products are in part dependent on the quality of the components that we source from third-party suppliers. If we are unable to control the quality of the components supplied to us or to address known quality problems in a timely manner, our reputation in the market may be damaged and sales of our products may suffer. As a result, we may experience a material adverse effect on our business, financial condition and results of operations.
Certain components needed to manufacture our hearing aids are only available from a limited number of suppliers.
Several of our suppliers provide products for our hearing aids and accessories for which they own the design and/or intellectual property rights. This includes semiconductor components, including integrated circuits, as well as transducers, batteries and various electrical components, some of which are highly customized. Although there may be several potential suppliers for our components, as our components are highly customized, there is a risk that these components may not be readily substituted by similar products of other suppliers or that any substitution may take a lengthy period of time to implement. Even if we do identify new suppliers, we may experience increased costs and product shortages as we transition to alternative suppliers. If any of these limited suppliers cease to supply us with their products, significantly increase their costs, or any of the foregoing events occurs, we could experience a material adverse effect on our business, financial condition and results of operations.
We rely on a limited number of manufacturers for the assembly of our hearing aids. If we encounter manufacturing problems or delays, we may be unable to promptly transition to alternative manufacturers and our ability to generate revenue will be limited.
We have no manufacturing capabilities of our own. We currently rely on a limited number of manufacturers: one headquartered in Taiwan, with manufacturing facilities in Suzhou, China, Pegatron Corporation, for the manufacture of Eargo 5 and Eargo 6, and one located in Thailand, Hana Microelectronics, for the manufacture of all other products currently available for sale. For us to be successful, our contract manufacturers must be able to provide us with products in substantial quantities, in compliance with regulatory requirements, in accordance with agreed upon specifications, at acceptable costs and on a timely basis. While our existing manufacturers have generally met our demand requirements on a timely basis in the past, their ability and willingness to continue to do so going forward may be limited for several reasons, including our relative importance as a customer of the manufacturer or its ability to provide assembly services to manufacture our products, which may be affected by the
pandemic. An interruption in our commercial operations could occur if we encounter delays or difficulties in securing these manufactured products if we cannot obtain an acceptable substitute.
Any transition to a new contract manufacturer, or any transition of products between existing manufacturers, could be time-consuming and expensive, may result in interruptions in our operations and product delivery, could affect the performance specifications of our products or could require that we modify the design of our products. If we are required to change either of our contract manufacturers, we will be required to verify that the new manufacturer maintains facilities, procedures and operations that comply with our quality and applicable regulatory requirements, which could further impede our ability to manufacture our products in a timely manner. We cannot assure you that we will be able to identify and engage alternative contract manufacturers on similar terms or without delay. Furthermore, our contract manufacturers could require us to move to a different production facility. The occurrence of any of these events could harm our ability to meet the demand for our products in a timely and cost-effective manner, which could have a material adverse effect on our business, financial condition and results of operations.
The manufacture of our products is complex and requires the integration of a number of components from several sources of supply. Our contract manufacturers must manufacture and assemble these complex products in commercial quantities in compliance with regulatory requirements and at an acceptable cost. Our hearing aids require significant expertise to manufacture, and our contract manufacturers may encounter difficulties in scaling up production of the hearing aids, including problems with quality control and assurance, component supply shortages, including any semiconductor components, increased costs, shortages of qualified personnel, the long lead time required to develop additional facilities for purposes of testing our products and/or difficulties associated with compliance with local, state, federal and foreign regulatory requirements. There can be no assurance that manufacturing or quality control problems will not arise in connection with the
of the manufacture of our products. If we are unable to obtain a sufficient supply of product, maintain control over product quality and cost or otherwise adapt to challenges in managing our business, we may not have the
capability to satisfy market demand, and our business and reputation in the marketplace will suffer. If demand for our products decreases, as it has recently as a result of the DOJ investigation and claims audits (see “Management’s Discussion and Analysis of Financial Condition and Results of Operations—DOJ investigation and settlement and claims audits”), we may have excess inventory, which could result in inventory write-offs that may adversely affect our business, financial condition and results of operations. We may also encounter defects in materials and/or workmanship, which could lead to a failure to adhere to regulatory requirements. Any defects could delay operations at our contract manufacturers’ facilities, lead to regulatory fines or halt or discontinue manufacturing indefinitely. Any of these outcomes could have a material adverse effect on our business, financial condition and results of operations.
If we are unable to successfully develop and effectively manage the introduction of new products, our business may be adversely affected.
We must successfully manage introductions of new or advanced hearing aid products. Introductions of new or advanced hearing aid products could also adversely impact the sales of our existing products to consumers. For instance, the introduction or announcement of new or advanced hearing aid products may shorten the life cycle of our existing devices or reduce demand, thereby reducing any benefits of successful hearing aid introductions and potentially lead to challenges in managing write-downs or write-offs of inventory of existing products. We may also not have success in transitioning customers from legacy hearing aids to new products. In addition, new hearing aid products may have higher manufacturing costs than legacy products, which could negatively impact our gross margins and operating results. As the technological complexity of our products increases, the infrastructure to support our products, such as our design and manufacturing processes and technical support for our products, may also become more complex. Accordingly, if we fail to effectively manage introductions of new or advanced products, our business may be adversely affected.
We experience challenges managing the inventory of existing hearing aids, which can lead to excess inventory and discounting of our existing devices. Inventory levels in excess of consumer demand may result in inventory write-downs or write-offs and the sale of inventory at discounted prices, which has affected our gross margin and could impair the strength of our brand. Reserves and write-downs for rebates, promotions and excess inventory are recorded based on our forecast of future demand. Actual future demand could be less than our forecast, which may result in additional reserves and write-downs in the future, or actual demand could be stronger than our forecast, which may result in a reduction to previously recorded reserves and write-downs in the future and increase the volatility of our operating results.
If the quality of our hearing aid products does not meet consumer expectations, or if our products wear out more quickly than expected, then our brand and reputation or our business could be adversely affected.
Our products may not perform as well in
day-to-day
use as we or our customers expect. Although we designed our Eargo hearing aids to provide high quality audio, we have collected limited data comparing our products to competitive devices. In September 2021, we conducted a series of comparative electroacoustic benchmarking tests (the “Bench Study”) to compare our Eargo Neo HiFi and Eargo 5 hearing aids with hearing aids from four major manufacturers. While each of the devices tested in the Bench Study, including our Eargo Neo HiFi and Eargo 5 hearing aids, met or exceeded the identified benchmarks for appropriate levels of sound quality and amplification to improve speech audibility, the design, methodology and results of the Bench Study have not been subject to external review and may not be reliable or replicable indicators of the general performance of our Eargo Neo HiFi and Eargo 5 hearing aids or the other manufacturers’ hearing aids that were the subject of the Bench Study. Further, the benchmarks for appropriate levels of sound quality and amplification that we identified in the Bench Study may not be appropriate proxies for hearing aid performance or reflect the real-world performance of any tested device. Future studies, including our internal studies or those of our competitors or other third parties, may not yield the results that we expect to obtain and may not demonstrate that our products are superior to, or may demonstrate that our products are inferior to, existing or future products with regard to functional or economic measures. These study results may be published in medical journals or other publications,
or by our competitors and result in adverse publicity for our products. The performance of our Eargo hearing aids may not live up to customer expectations, and our brand, reputation, customer satisfaction, return rates and sales may be adversely affected as a result.
Furthermore, because of our products’ limited time in the market, we cannot be certain about the usable life of our products. Due to the design constraints applicable to our rechargeable,
form factor, our hearing aids may offer a shorter usable life compared to our competitors’ hearing aids. Thus, even though our products may be more affordable than competitive devices, they may need to be replaced more often. Although we believe the advantages of our design justify this tradeoff, customers may expect a longer useful life, and failure to live up to this expectation could result in reduced sales, decreased customer loyalty, higher-than-expected warranty claims and adverse publicity.
Certain components of our hearing aids may also offer reduced performance or wear out over time. For example, the rechargeable technology used in our hearing aids and charging cases has a limited lifespan, and recharging performance will degrade over time. We designed our Eargo Neo HiFi hearing aids to provide up to 20 hours of continuous use between charges when new and up to 16 hours after 1,000 charging cycles, but charging capacity may decrease more quickly than expected. Moreover, certain components of our hearing aids that can be purchased online will require more frequent replacement than the device itself. If the quality, longevity and durability of our products does not meet the expectations of customers, then our brand and reputation and our business, financial condition and results of operations, could be adversely affected.
Customer or third-party complaints or negative reviews or publicity about our company or our hearing aids could harm our reputation and brand.
We are heavily dependent on customers who use our hearing aids to provide good reviews and
recommendations to contribute to our reputation and brand. Customers who are dissatisfied with their experiences with our products or services or their ability to receive reimbursement from their insurance companies may post negative reviews. We have and may continue to be the subject of blog, forum or other media postings that include inaccurate statements and create negative publicity. In addition, traditional hearing aid supply chain participants may express and publish negative views regarding our
model and products. Any negative reviews or negative publicity, including in relation to the DOJ investigation, the claims audits, and other legal proceedings have harmed and could continue to harm our reputation and brand and severely diminish consumer confidence in our products. Please also see the Risk Factor titled, “We are subject to risks from legal proceedings, investigations, and inquiries, including a number of recent legal proceedings and investigations, which have had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations, and could result in additional claims and material liabilities.”
We spend significant amounts on advertising and other marketing campaigns to acquire new customers, which may not be successful or cost effective.
We market our hearing aids through a mix of digital and traditional marketing channels. These include paid search, digital display advertising, email marketing, affiliate and channel marketing, direct response television, national reach television, direct mail and select print and radio advertising. We also leverage our database of prospects and customers to further drive customer acquisition and referrals. We spend significant amounts on advertising and other marketing campaigns to acquire new customers, and we expect to continue to spend significant amounts to acquire new customers and increase awareness of our products. Beginning on December 8, 2021, we do not currently accept insurance benefits as a method of direct payment. As a result, we have reduced sales and marketing resources that were previously focused on insurance customers to prioritize the conversion of
consumers into satisfied customers. The shift to a
only model is likely to increase the cost to acquire new customers, based on the historically lower conversion rate for
customers as compared to customers with potential insurance benefits. While we seek to structure our marketing campaigns in the manner that we believe is most likely to encourage consumers to use our products while lowering our acquisition costs,
we may fail to identify marketing opportunities that satisfy our anticipated return on marketing spend as we scale our investments in marketing, accurately predict customer acquisition or fully understand or estimate the conditions and behaviors that drive consumer behavior. If any of our marketing campaigns prove less successful than anticipated in attracting new customers, we may not be able to recover our marketing spend, and our rate of customer acquisition may fail to meet market expectations, either of which could have a material adverse effect on our business, financial condition and results of operations. There can be no assurance that our marketing efforts will result in increased sales of our products.
In addition, we believe that building a strong brand and developing and achieving broad awareness of our brand is critical to achieving market success. Negative publicity, including in relation to the DOJ investigation, the claims audits, and other legal proceedings has harmed and could continue to harm our reputation and brand and severely diminish consumer confidence in our products. If any of our brand-building activities prove less successful than anticipated, or such activities are inhibited by negative publicity in relation to the DOJ investigation, the claims audits and other legal proceedings, it could materially adversely impact our ability to attract new customers. If this were to occur, we may not be able to recover our brand-building spend, and our rate of customer acquisition may fail to meet market expectations, either of which could have a material adverse effect on our business, financial condition and results of operations. There can be no assurance that our brand-building efforts will result in increased sales of our products. See also the Risk Factors titled, “Customer or third-party complaints or negative reviews or publicity about our company or our hearing aids could harm our reputation and brand” and
“We are subject to risks from legal proceedings, investigations, and inquiries, including a number of recent legal proceedings and investigations, which have had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations, and could result in additional claims and material liabilities.”
Our products are complex to design and manufacture and could contain defects. The production and sale of defective products could adversely affect our business, financial condition and results of operations. If product liability lawsuits are brought against us, we may incur substantial liabilities and may be required to limit commercialization of our products.
We make hearing aids that include highly complex electronic components, which are sourced from external third parties, and there is an inherent risk that defects may occur in the production of any of our products. Although we rely on the suppliers’ internal procedures designed to minimize risks that may arise from quality issues, there can be no assurance that we or our suppliers will be able to eliminate or mitigate occurrences of these issues and associated liabilities. Under consumer product legislation in many jurisdictions, we may be forced to recall or repurchase defective products, and more restrictive laws and regulations relating to these matters may be adopted in the future. We also face exposure to product liability claims in the event that any of our devices are alleged to have resulted in personal injury or damage to property, or otherwise to have caused harm. For example, we may be sued if any of our hearing aids allegedly causes injury or is found to be otherwise unsuitable during product testing, manufacturing, marketing or sale. Any such product liability claims may include allegations of defects in manufacturing, defects in design, a failure to warn of dangers inherent in the product, negligence, strict liability and a breach of warranty. Claims could also be asserted under state consumer protection acts. If we cannot successfully defend ourselves against product liability claims, we may incur substantial liabilities or be required to limit commercialization of our products. Even successful defense would require significant financial and management resources. Regardless of the merits or eventual outcome, liability claims may result in:
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decreased demand for our current or future products;
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injury to our reputation;
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costs to defend the related litigation;
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a diversion of management’s time and our resources;
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substantial monetary awards to customers;
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regulatory investigations, product recalls, withdrawals or labeling, marketing or promotional restrictions;
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loss of revenue; and
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the inability to sell our current or any future products.
Our inability to obtain and maintain sufficient product liability insurance at an acceptable cost and scope of coverage to protect against potential product liability claims could prevent or inhibit the sale of our current or any future products we develop. Although we currently carry product liability insurance, any claim that may be brought against us could result in a court judgment or settlement in an amount that is not covered, in whole or in part, by our insurance or that is in excess of the limits of our insurance coverage. Our insurance policies also have various exclusions and deductibles, and we may be subject to a product liability claim for which we have no coverage. We will have to pay any amounts awarded by a court or negotiated in a settlement that exceed our coverage limitations or that are not covered by our insurance, and we may not have, or be able to obtain, sufficient funds to pay such amounts. Moreover, in the future, we may not be able to maintain insurance coverage at a reasonable cost or in sufficient amounts to protect us against losses.
In addition, any product defects, recalls or claims that result in significant adverse publicity could have a negative effect on our reputation, result in loss of market share or failure to achieve market acceptance. For example, our first-generation hearing aid, launched in 2015, had a high incidence of product returns and warranty claims. As a result, we voluntarily withdrew the product from the market. The production and sale of defective products in the future could have a material adverse effect on our business, financial condition and results of operations.
We are subject to consumer protection laws that regulate our marketing practices and prohibit unfair or deceptive acts or practices. Our actual or perceived failure to comply with such obligations could harm our business, and changes in such regulations or laws could require us to modify our products or marketing or advertising efforts.
In connection with the marketing or advertisement of our products, we could be the target of claims relating to false, misleading, deceptive or otherwise noncompliant advertising or marketing practices, including under the auspices of the Federal Trade Commission and state consumer protection statutes. If we rely on third parties to provide any marketing and advertising of our products, we could be liable for, or face reputational harm as a result of, their marketing practices if, for example, they fail to comply with applicable statutory and regulatory requirements.
If we are found to have breached any consumer protection, advertising, unfair competition or other laws or regulations, we may be subject to enforcement actions that require us to change our marketing and business practices in a manner which may negatively impact us. This could also result in litigation, fines, penalties and adverse publicity that could cause reputational harm and loss of customer trust, which could have a material adverse effect on our business, financial condition and results of operations.
There are a variety of hearing aid products and technologies, and consumer confusion about product features and technology could lead consumers to purchase competitive products instead of our products, or to conflate any adverse events or safety issues associated with third-party hearing aid products with our products, which could adversely affect our business, financial condition and results of operations.
We believe that many individuals do not have full information regarding the types of hearing aids and hearing aid features and technologies available in the market, in part due to the lack of consumer education in the traditional hearing industry sales model. Consumers may not have sufficient information about hearing aids generally or how hearing aid products and technologies compare to each other. This confusion may result in consumers purchasing hearing aids from our competitors instead of our products, even if our hearing aids would provide
them with their desired product features. In addition, any adverse events or safety issues relating to competitive hearing aid products and related negative publicity, even if such events are not attributable to our products, could result in reduced purchases of hearing aids by consumers generally. Any of these occurrences could lead to reduced sales of our products and adversely affect our business, financial condition and results of operations.
Our business, financial condition and results of operations may be impacted by the effects of the
pandemic.
We are subject to risks related to public health crises such as the global pandemic associated with
pandemic may negatively impact our operations and revenues and overall financial condition by harming the ability or willingness of customers to pay for our products due to macro-economic conditions resulting from the pandemic or the operations of manufacturers, suppliers and other third parties with which we do business. These challenges will likely continue for the duration of the pandemic, which is uncertain, and the macro-economic effects of the pandemic will likely continue far beyond the duration of the pandemic.
Since the start of the pandemic, numerous state and local jurisdictions have imposed, and others in the future may impose,
“shelter-in-place”
businesses to remain closed, executive orders and similar government orders and restrictions for their residents to control the spread of
The pandemic and such restrictions have resulted in a majority of our employees working remotely, work stoppages, slowdowns and delays, travel restrictions and cancellation of events, among other effects, thereby negatively impacting our operations. Other potential disruptions may include delays in processing registrations or approvals by applicable state or federal regulatory bodies; delays in product development efforts; disruptions to our supply chain, including any impacts from global semiconductor shortages; and additional government requirements or other incremental mitigation efforts that may further impact our capacity to manufacture, sell and support the use of our Eargo systems. Disruptions in supply chain have resulted in industry-wide component supply (such as semiconductors) shortages, and we may not be able to obtain adequate inventory on a timely basis or at all. To date, increases in component pricing have occurred but have not had a material impact on supply continuity or gross margin. We have taken steps to monitor our supply chain and actions to address limited supply and increasing lead times, including outreach to critical suppliers and spot market purchases. Future disruptions in our supply chain, including the sourcing of certain components and raw materials, such as semiconductor and memory chips, as well as increased logistics costs, could impact our sales and gross margins.
on our business, financial conditions and results of operations depends on many factors and future developments beyond our control, which are highly uncertain and difficult to predict, including: the duration of the pandemic, a potential resurgence, the impact of variants, new or renewed restrictions, the timing, availability, acceptance and effectiveness of vaccines and treatments against
as well as vaccination rates among the population, the pace of recovery when the
pandemic subsides, and the severity and duration of the global economic downturn that results from the ongoing pandemic.
While the potential economic impact brought by and the duration of
may be difficult to assess or predict, the widespread pandemic has resulted in, and may continue to result in, significant disruption of global financial markets, reducing our ability to access capital, which could in the future negatively affect our liquidity, including our ability to repay our existing indebtedness. In addition, a recession or market correction resulting from the spread of
could materially affect our business and the value of our common stock. The
pandemic has also resulted in volatility in the unemployment rate in the United States, which may continue even after the pandemic subsides. The occurrence of any such events may lead to reduced disposable income and access to health insurance which could adversely affect the number of our products sold after the pandemic has subsided. Further, although our sales volume has been positively impacted during the
pandemic, this and any other favorable impacts we have experienced in connection with the pandemic may subside, and the ultimate effect of
on our sales volume and other results of operations could differ substantially from our expectations and our experience to date.
Repair or replacement costs due to guarantees we provide on our products could have a material adverse effect on our business, financial condition and results of operations.
We provide product guarantees to our customers, both as a result of contractual and legal provisions and for marketing purposes.
We generally allow for the return of products from direct customers within 45 days after the original sale and record estimated sales returns as a reduction of sales in the same period revenue is recognized. We also generally allow customers to return defective or damaged products for a replacement or refund. The term of the warranty provided is typically two years for our latest device and one year for all other devices. Existing and future product guarantees place us at the risk of incurring future repair and/or replacement costs. As of December 31, 2021, we had provisions of approximately $4.0 million relating to warranties. Substantial amounts of product guarantee claims could have a material adverse effect on our business, financial condition and results of operations.
In addition, we reserve for the estimated cost of product warranties when revenue is recognized, and we evaluate our warranty reserves periodically by reviewing our warranty repair experience. While we engage in product quality programs and processes, including monitoring and evaluating the quality of our components sourced from our suppliers and instituting methods to remotely detect and correct defects, our warranty obligation is affected by actual product defect rates, parts and equipment costs and service labor costs incurred in correcting a product defect. Our warranty reserves may be inadequate due to undetected product defects, unanticipated component failures or changes in estimates for material, labor and other costs we may incur to replace projected product defects. As a result, if actual product defect rates, parts and equipment costs or service labor costs exceed our estimates, it could have a material adverse effect on our business, financial condition and results of operations.
Our failure to successfully anticipate sales returns may have a material adverse effect on our business, financial condition and results of operations.
Our reported net revenue and net losses are affected by changes in reserves to account for sales returns and product credits. The reserve for sales returns accounts for customer returns of our products after purchase. We record a reserve for sales returns estimated based on historical return trends together with current product sales performance in each reporting period. If actual returns are greater than those projected and reserved for by management, additional sales returns reserve may be recorded in the future and reported net revenue may be reduced accordingly. See “Management’s Discussion and Analysis of Financial Condition and Results of Operations—DOJ investigation and settlement and claims audits” for more information.
We do not currently have the ability to resell all products that are returned. Our refurbishment capabilities include full refurbishment, conversion, and components, and allow us to refurbish and resell or reuse certain returned devices. To the extent we are unable to successfully refurbish devices in the future, we will not be able to resell such devices. Further, the introduction of new products, changes in product mix, changes in consumer confidence or other competitive and general economic conditions may cause actual returns to differ from product return reserves. Any significant increase in product returns that exceeds our reserves could have a material adverse effect on our business, financial condition and results of operations.
If we are unable to reduce our return rates or if our return rates continue to increase, our net revenue may decrease, and our business, financial condition and results of operations could be adversely affected.
Our customer sales returns rate was approximately 32% for the year ended December 31, 2021, which does not include the impact of the $5.1 million of estimated sales returns recorded as a reduction in revenue in the third quarter of 2021 related to transactions that occurred during the first and second quarters of 2021 (see “Management’s Discussion and Analysis of Financial Condition and Results of Operations—DOJ investigation and settlement and claims audits” for more information). Our return policy allows our customers to return hearing aids for any reason within the first 45 days of delivery for a full refund, subject to a handling fee in certain states. Additionally, following learning of the DOJ investigation and prior to shifting to our current
upfront payment requirement, we offered customers with potential insurance benefits the option to return their hearing aids or purchase their hearing aids without use of their insurance benefits if their claim is denied or ultimately not submitted by us to their insurance plan for payment.
We report revenue net of expected returns, which is an estimate informed in part by historical return rates. As such, our return rate impacts our reported net revenue and profitability. Our net revenue and profitability have been and will continue to be negatively impacted by the inability to recognize revenue related to shipments to customers with potential insurance benefits, which customers generally have had a significantly lower rate of return as compared to
customers. If actual sales returns differ significantly from our estimates, an adjustment to revenue in the current or subsequent period is recorded. Furthermore, if we are unable to reduce our return rates or if they continue to increase, our net revenue may continue to decrease, and our business, financial condition and results of operations could be adversely affected. See “Management’s Discussion and Analysis of Financial Condition and Results of Operations—Factors affecting our business—Sales returns rate.”
Accelerated consolidation and formation of purchasing groups increases the pricing pressure on hearing aids.
Many purchasing groups, such as hearing aid clinics, retailers and hospital systems, are consolidating to create new entities with greater market power. Such groups, such as Costco and the VA, have used and may continue to use their increased purchasing power to negotiate price reductions or other concessions across our industry. This pricing leverage has resulted, and will likely continue to result, in downward pressure on the average selling prices of hearing aid products generally, including our own products. The forthcoming OTC Final Rule could further contribute to the pace of consolidation as well as the introduction of new entrants in the hearing aid market, which would further increase pricing pressure on hearing aid manufacturers. Please see the Risk Factor titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.” These factors could have a material adverse effect on our business, financial condition and results of operations.
Alternative technologies or therapies that improve or cure hearing loss could adversely affect our business, financial condition and results of operations.
If medical research were to lead to the discovery of alternative therapies or technologies that improve or cure the various forms of hearing loss as an alternative to the hearing aid, such as by surgical techniques, the use of pharmaceuticals or breakthrough
innovations or therapies, our profitability could suffer through a reduction in sales. The discovery of a cure for the various forms of hearing loss and the development of other alternatives to hearing aids could result in decreased demand for our products and, accordingly, could have a material adverse effect on our business, financial condition and results of operations.
Adapting our production capacities to evolving patterns of demand is expensive, time-consuming and subject to significant uncertainties. We may not be able to adequately predict consumer trends and may be unable to adjust our production in a timely manner.
We market our products directly to consumers in the United States, where we face the risk of significant changes in the demand for our products. If demand decreases, we will need to implement capacity and cost reduction measures involving restructuring costs. If demand increases, we will be required to make capital expenditures related to increased production and expenditures to hire and train production and sales and product support personnel. Adapting to changes in demand inherently lags behind the actual changes because it takes time to identify the change the market is undergoing and to implement any measures taken as a result. Finally, capacity adjustments are inherently risky because there is imperfect information, and market trends may rapidly intensify, ebb or even reverse. We have in the past not always been, and may in the future not be, able to accurately or timely predict trends in demand and consumer behavior or to take appropriate measures to mitigate risks and exploit opportunities resulting from such trends. Any inability in the future to identify or to adequately and effectively react to changes in demand could have a material adverse effect on our business, financial condition and results of operations.
We are dependent on international manufacturers and suppliers, as well as certain international contractors we engage from time to time with respect to select research and development activities, which exposes us to foreign operational and political risks that may harm our business.
We currently rely on a limited number of manufacturers: one headquartered in Taiwan, with manufacturing capabilities in Suzhou, China, Pegatron Corporation, for the manufacture of Eargo 5 and Eargo 6, and one located in Thailand, Hana Microelectronics, for the manufacture of all other products currently available for sale. In addition, we rely on some third-party suppliers in Europe, Southeast Asia, Japan, China and the United States, who supply, among other things, certain of the technology and raw materials used in the manufacturing of our products. We also engage certain international consultants, contractors and other specialists in connection with our research and development activities.
Our reliance on international operations exposes us to risks and uncertainties, including:
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controlling quality of supplies and finished product;
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trade protection measures, tariffs and other duties, especially in light of trade disputes between the United States and several foreign countries, including China and countries in Europe;
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political, social and economic instability (for example, Russia’s invasion of Ukraine in February 2022 and the resultant sanctions and export controls introduced against Russia have created such instability and have and may continue to disrupt business activity both in the immediately affected region and around the world, the full effects of which remain unknown);
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the outbreak of contagious diseases, such as
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laws and business practices that favor local companies;
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interruptions and limitations in telecommunication services;
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product or material delays or disruption, including logistics challenges such as delays or disruptions in shipping;
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import and export license requirements and restrictions;
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difficulties in the protection of intellectual property;
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inflation and/or deflation;
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the threat of nationalization and expropriation;
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exchange controls, currency restrictions and fluctuations in currency values; and
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potential adverse tax consequences.
If any of these risks were to materialize, it could have a material adverse effect on our business, financial condition and results of operations.
We or the third parties upon whom we depend may be adversely affected by disasters, and our business continuity and disaster recovery plans may not adequately protect us from a serious disaster. Any interruption in the operations of our or our suppliers’ manufacturing or other facilities may have a material adverse effect on our business, financial condition and results of operations.
Our corporate headquarters are located in the San Francisco Bay Area, which has experienced both severe earthquakes and wildfires. We do not carry earthquake insurance. Our manufacturers and many of our suppliers are located in Asia, which regions have experienced natural disasters such as earthquakes, landslides, flooding, tropical storms and tsunamis, and tornadoes. Our customer support operations are based in Nashville, Tennessee, and our third-party provider’s distribution facilities are based in Louisville, Kentucky, both of which have experienced flooding and tornadoes. Severe weather (including any potential effects of climate change), natural disasters and other calamities, such as pandemics (including
earthquakes, tsunamis and hurricanes, fires and explosions, accidents, mechanical failures, unscheduled downtimes, civil unrest, strikes, transportation
interruptions, unpermitted discharges or releases of toxic or hazardous substances, other environmental risks, sabotage, geopolitical unrest, political instability, terrorism or acts of war, could severely disrupt our operations, or our third-party manufacturers’ and suppliers’ operations, and have a material adverse effect on our business, financial condition and results of operations.
If a natural disaster, power outage or other event occurred that prevented us from using all or a significant portion of our headquarters or other facilities, or those of our third-party manufacturers or suppliers, that damaged critical infrastructure, such as our enterprise financial systems or manufacturing resource planning and enterprise quality systems, or that otherwise disrupted operations, it may be difficult or, in certain cases, impossible, for us to continue our business for a substantial period of time. A mechanical failure or disruption affecting any major operating line may result in a disruption to our ability to supply customers, and standby capacity may not be available. The disaster recovery and business continuity plans we have in place currently are limited and are unlikely to prove adequate in the event of a serious disaster or similar event. The potential impact of any disruption would depend on the nature and extent of the damage caused by a disaster. There can be no assurance that alternative production capacity will be available in the future in the event of a major disruption or, if it is available, that it could be obtained on favorable terms. We may incur substantial expenses as a result of the limited nature of our disaster recovery and business continuity plans, which, particularly when taken together with our lack of earthquake insurance, could have a material adverse effect on our business, financial condition and results of operations.
Furthermore, integral parties in our supply chain are similarly vulnerable to natural disasters or other sudden, unforeseen and severe adverse events. If such an event were to affect our supply chain, it could have a material adverse effect on our business, financial condition and results of operations.
We depend on sales of our hearing aids for our revenue. Demand for our hearing aids may not increase due to a variety of factors.
We expect that revenue from sales of our hearing aids will continue to account for our revenue for the foreseeable future. Continued and widespread market acceptance of hearing aids by consumers is critical to our future success. Consumer spending habits are affected by, among other things, prevailing economic conditions, levels of employment, salaries and wage rates, interest rates, inflation rates, consumer confidence and consumer perception of economic conditions, which have been adversely affected by the
pandemic and may continue to be materially adversely affected by the
pandemic. Hearing aids are often paid for directly by the consumer and, as a result, demand can vary significantly depending on economic conditions. The uncertainty regarding the extent to which we are able to validate and establish processes to support the submission of claims for reimbursement to health plans, including those under the FEHB program, if at all, in the future, the anticipated implementation of a pending OTC hearing aid regulatory framework (which may lead insurance providers to take actions limiting our ability to access insurance coverage and may also generally result in additional compliance or other regulatory requirements for Eargo and may limit our ability to access insurance coverage) and potential Medicare coverage for certain hearing aids (which may not include Eargo hearing aids) will require that we evaluate and consider any changes to our business model as new information becomes available, including a potential long-term shift to a model excluding insurance as a method of payment to Eargo, which would likely result in a sustained increased cost of customer acquisition and a reduction in shipments, revenue, gross margin, and higher operating expenses, which could have a material negative impact on our profitability and growth prospects. Without the benefit of customers with insurance coverage, the future growth prospects and profitability of the Company are uncertain, unless we can identify new sources of profitable growth.
Further, a general slowdown in the U.S. economy and international economies into which we may expand or an uncertain economic outlook could adversely affect consumer spending habits, which may result in, among other things, a reduction in consumer spending on elective or higher value products, or a reduction in demand for
hearing aids generally, each of which would have an adverse effect on our sales and operating results. Weakness in the global economy results in a challenging environment for selling hearing loss technologies. In such circumstances, consumers may opt to purchase less expensive hearing loss technologies. If there is a reduction in consumer demand for hearing aids generally, if consumers choose to use a competitive product rather than our hearing aids or if the average selling price of our hearing aids declines as a result of economic conditions, including employment levels and inflation, competitive pressures or any other reason, these factors could have a material adverse effect on our business, financial condition and results of operations. If we are not successful in adapting our production and cost structure to the market environment, we may experience further adverse effects that may be material to our business, financial condition and results of operations. See also the Risk Factor titled, “We face considerable uncertainty in our business prospects, as a significant portion of our revenue has historically been dependent upon reimbursement from third-party payors participating in the FEHB program but we have operated on a “cash pay” only basis since December 8, 2021. Following the civil settlement with the U.S. government on April 29, 2022, we may be unsuccessful in validating and establishing processes to support the submission of claims for reimbursement from third-party payors participating in the FEHB program in the future. As a result, we have faced a significant reduction in revenue and any failure to establish processes to support reimbursement from third-party payors in the future may significantly and adversely impact our business and growth prospects and our ability to sell our products.”
We will be subject to “conflict minerals” reporting obligations.
We will be required to diligence the origin of minerals used in the manufacture our products that have been designated “conflict minerals” under the Dodd-Frank Wall Street Reform and Consumer Protection Act and, beginning in 2023, disclose and report whether or not such minerals originated in the Democratic Republic of the Congo or adjoining countries. These requirements could adversely affect the sourcing, availability and pricing of minerals used in the manufacture of our products. In addition, we will incur additional costs to comply with the disclosure requirements, including costs related to determining the source of the relevant minerals and metals used in our products.
Any future international expansion will subject us to additional costs and risks that may have a material adverse effect on our business, financial condition and results of operations.
Historically, all of our sales have been to customers in the United States. To the extent we enter into international markets in the future, there are significant costs and risks inherent in conducting business in international markets. If we expand, or attempt to expand, into foreign markets, we will be subject to new business risks, in addition to regulatory risks. In addition, expansion into foreign markets imposes additional burdens on our executive and administrative personnel, finance and legal teams, research and marketing teams and general managerial resources.
We have limited experience with regulatory environments and market practices internationally, and we may not be able to penetrate or successfully operate in new markets. We may also encounter difficulty expanding into international markets because of limited brand recognition in certain parts of the world, leading to delayed acceptance of our products by consumers in these international markets. If we are unable to expand internationally and manage the complexity of international operations successfully, it could have a material adverse effect on our business, financial condition and results of operations. If our efforts to introduce our products into foreign markets are not successful, we may have expended significant resources without realizing the expected benefit. Ultimately, the investment required for expansion into foreign markets could exceed the results of operations generated from this expansion.
Our Loan Agreement contains restrictions that limit our flexibility in operating our business.
In June 2018, we entered into a loan agreement, as amended in January 2019, May 2020 and in September 2020, with Silicon Valley Bank (the loan to which such loan agreement, as amended, relates, the “2018 Loan”). We
borrowed $15.0 million upon the closing of the September 2020 amendment, a portion of which was used to repay in full the outstanding principal amount of the previously funded term loan. As of December 31, 2021, $15.4 million in aggregate principal amount was outstanding under the term loan facility. The 2018 Loan has a maturity date of September 1, 2024. The 2018 Loan contains various covenants that limit our ability to engage in specified types of transactions without Silicon Valley Bank’s prior consent. These covenants limit our ability to, among other things:
•
•
sell, transfer, lease or dispose of our assets subject to certain exclusions;
•
•
•
make restricted payments, including paying dividends on, repurchasing or making distributions with respect to any of our capital stock;
•
make specified investments (including loans and advances);
•
consolidate, merge with, or acquire any other entity, or sell or otherwise dispose of all or substantially all of our assets; and
•
enter into certain transactions with our affiliates.
In addition, the 2018 Loan requires us to maintain a certain percentage of our total cash holdings in accounts with Silicon Valley Bank. The covenants in the 2018 Loan limit our ability to take certain actions and, in the event that we breach one or more covenants, Silicon Valley Bank may choose to declare an event of default and require that we immediately repay all amounts outstanding of the aggregate principal amount of term loans funded under the 2018 Loan, plus exit fees, prepayment premiums, penalties and interest, and foreclose on the collateral granted to it to secure such indebtedness. Such repayment could have a material adverse effect on our business, financial condition and results of operations.
We primarily rely on our own direct sales force, and if we are unable to maintain or expand our sales force, it could harm our business. Additionally, our reliance on our direct sales force may result in higher fixed costs than our competitors and may slow our ability to reduce costs in the face of a sudden decline in demand for our products.
We primarily rely on our own direct sales force to market and sell our products. We do not have any long-term employment contracts with the members of our direct sales force. Our operating results are directly dependent upon the sales and marketing efforts of our sales and customer support team. If our employees fail to adequately promote, market and sell our products, our sales could significantly decrease. As we launch new products, expand our product offerings and increase our marketing efforts with respect to existing products, we will need to expand the reach of our marketing and sales networks. Our future success will depend largely on our ability to continue to attract, hire, train, retain and motivate skilled employees with significant technical knowledge in various areas. New hires require training and take time to achieve full productivity.
Additionally, most of our competitors rely predominantly on third-party distributors. A direct sales force may subject us to higher fixed costs than those of competitors that market their products through independent third parties, due to the costs that we will bear associated with employee benefits, training and managing sales personnel. As a result, we could be at a competitive disadvantage. Additionally, these fixed costs may slow our ability to reduce costs in the face of a sudden decline in demand for our products, which could have a material adverse effect on our business, financial condition and results of operations.
We rely on our relationship with a professional employer organization for our human relations function and as a
co-employer
of our personnel, and if that party failed to perform its responsibilities under that relationship, our relations with our employees could be damaged and we could incur liabilities that could have a material adverse effect on our business.
All of our U.S. personnel, including our executive officers, are
co-employees
of Eargo and a professional employer organization, Insperity. Under the terms of our arrangement, Insperity is the formal employer of all of our U.S. personnel and is responsible for administering all payroll, including tax withholding, and providing health insurance and other benefits for these individuals, and our employees are governed by the work policies created by Insperity. We reimburse Insperity for these costs and pay Insperity an administrative fee for its services. If Insperity fails to comply with applicable laws or its obligations under this arrangement or creates work policies that are viewed unfavorably by employees, our relationship with our employees could be damaged. We could, under certain circumstances, be held liable for a failure by Insperity to appropriately pay, or withhold and remit required taxes from payments to, our employees. In such a case, our potential liability could be significant and could have a material adverse effect on our business.
We experience seasonality in our business, which may cause fluctuations in our financial results.
Historically, we have experienced and may continue to experience seasonality in our business, with higher sales volumes in quarters when we commercially launch new products and in the fourth calendar quarter as a result of holiday promotional activity. However, since our public disclosure of the DOJ investigation on September 22, 2021 and our related decision to stop accepting insurance benefits as a method of direct payment, we have experienced and may continue to experience a material decline in gross systems shipped. Negative publicity, including in relation to the DOJ investigation, the claims audits, and other legal proceedings has and could continue to harm our reputation and brand and severely diminish consumer confidence in our products. See “Management’s Discussion and Analysis of Financial Condition and Results of Operations—DOJ investigation and settlement and claims audits” for more information.
Because of these fluctuations, among other factors, it is possible that in future periods our operating results will fall below the expectations of securities analysts or investors, in which case the market price of our stock would likely decrease. These fluctuations, among other factors, also mean that our operating results in any particular period may not be relied upon as an indication of future performance.
Our ability to use our net operating loss carryforwards and certain other tax attributes may be limited.
We do not expect to become profitable in the near future, may never achieve profitability, and have incurred substantial net operating losses (“NOLs”) during our history. Unused NOLs will carry forward to offset a portion of future taxable income, if any, until such unused NOLs expire, if ever. Federal NOLs generated after December 31, 2017 are not subject to expiration, but the yearly utilization of such federal NOLs is limited to 80 percent of taxable income for taxable years beginning after December 31, 2020. In addition, in general, under Sections 382 and 383 of the Internal Revenue Code of 1986, as amended (the “Code”), a corporation that undergoes an “ownership change” (within the meaning of Section 382 of the Code) is subject to limitations on its ability to utilize its prechange NOLs or tax credits to offset future taxable income or taxes. For these purposes, an ownership change generally occurs where the aggregate stock ownership of one or more stockholders or groups of stockholders who own at least 5% of a corporation’s stock increases by more than 50 percentage points over the lowest percentage of the corporation’s stock owned by such stockholders within a specified testing period.
We have experienced an ownership change within the meaning of Section 382 of the Code in the past, which has been accounted for in our deferred tax disclosure. We may experience additional ownership changes in the future as a result of shifts in our stock ownership (some of which shifts may be outside our control). While we do not expect any limitation would impact our ability to use our tax attributes before they expire, we may be unable to use a material portion of our NOLs and other tax attributes even if we attain profitability.
Risks relating to intellectual property and legal and regulatory matters
If we fail to comply with U.S. or foreign federal and state healthcare regulatory laws, we could be subject to penalties, including, but not limited to, administrative, civil and criminal penalties, damages, fines, disgorgement, exclusion from participation in governmental healthcare programs and the curtailment of our operations, any of which could adversely impact our reputation and business operations.
We operate in a complex regulatory environment with an extensive and evolving set of federal, state and local governmental laws, regulations, and other requirements. These laws, regulations, and other requirements are promulgated and overseen by a number of different legislative, regulatory, administrative, and quasi-regulatory bodies, each of which may have varying interpretations, judgments, or related guidance. For example, broadly applicable fraud and abuse and other healthcare laws and regulations apply to our operations and business practices. These laws may constrain the business or financial arrangements and relationships through which we conduct our operations, including our sales and marketing practices, consumer incentive and other promotional programs and other business practices.
Such laws include, without limitation:
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the U.S. federal civil and criminal Anti-Kickback Statute, which prohibits, among other things, persons or entities from knowingly and willfully soliciting, offering, receiving or providing any remuneration, directly or indirectly, overtly or covertly, in cash or in kind, to induce or reward, or in return for, either the referral of an individual for, or the purchase, lease, order or recommendation of, any good, facility, item or service, for which payment may be made, in whole or in part, under U.S. federal and state healthcare programs such as Medicare, state Medicaid programs and TRICARE. A person or entity does not need to have actual knowledge of the statute or specific intent to violate it in order to have committed a violation;
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the U.S. federal false claims laws, including the False Claims Act, which can be enforced through whistleblower actions, and civil monetary penalties laws, which, among other things, impose criminal and civil penalties against individuals or entities for knowingly presenting, or causing to be presented, to the U.S. federal government, claims for payment or approval that are false or fraudulent, knowingly making, using or causing to be made or used, a false record or statement material to a false or fraudulent claim, or from knowingly making a false statement to avoid, decrease or conceal an obligation to pay money to the U.S. federal government. In addition, the government may assert that a claim including items and services resulting from a violation of the U.S. federal Anti-Kickback Statute constitutes a false or fraudulent claim for purposes of the False Claims Act;
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Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which imposes criminal and civil liability for, among other things, knowingly and willfully executing, or attempting to execute, a scheme to defraud any healthcare benefit program, or knowingly and willfully falsifying, concealing or covering up a material fact or making any materially false statement, in connection with the delivery of, or payment for, healthcare benefits, items or services. Similar to the U.S. federal Anti-Kickback Statute, a person or entity does not need to have actual knowledge of the statute or specific intent to violate it in order to have committed a violation;
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state law equivalents of each of the above federal laws, including state anti-kickback, self-referral and false claims laws that apply more broadly to healthcare items or services paid by all payors, including
self-pay
patients and private insurers, that govern our interactions with consumers or restrict payments that may be made to healthcare providers and other potential referral sources;
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the Federal Trade Commission Act and federal and state consumer protection, advertisement and unfair competition laws, which broadly regulate marketplace activities and activities that potentially harm consumers;
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the U.S. Physician Payments Sunshine Act and its implementing regulations, which require certain manufacturers of drugs, devices, biologics and medical supplies that are reimbursable under Medicare,
Medicaid or the Children’s Health Insurance Program to report annually to the government information related to certain payments and other transfers of value to physicians (defined to include doctors, dentists, optometrists, podiatrists and chiropractors), certain other healthcare providers (physician assistants, nurse practitioners, clinical nurse specialists, anesthesiologist assistants, certified registered nurse anesthetists and certified nurse midwives) and teaching hospitals, as well as ownership and investment interests held by the physicians described above and their immediate family members;
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the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”), and similar regulations in other countries, which prohibit, among other things, companies and their employees and agents from authorizing, promising, offering or providing, directly or indirectly, corrupt or improper payments or anything else of value to foreign government officials, employees of public international organizations and foreign government owned or affiliated entities, candidates for foreign political office and foreign political parties or officials thereof and require companies to keep books and records that accurately and fairly reflect the transactions of the company and to maintain an adequate system of internal accounting controls;
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foreign or U.S. analogous state laws and regulations, which may apply to our business practices, including but not limited to, state laws that require manufacturers to comply with the voluntary compliance guidelines and the relevant compliance guidance promulgated by the U.S. federal government; state laws and regulations that require manufacturers to file reports relating to pricing and marketing information or that require tracking gifts and other remuneration and items of value provided to healthcare professionals and entities; and
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similar healthcare laws and regulations in the EU and other jurisdictions in which we may conduct activities in the future, including reporting requirements detailing interactions with and payments to healthcare providers.
Foreign laws and regulations in this regard may vary greatly from country to country. For example, the advertising and promotion of our products in the European Economic Area (the “EEA”) would be subject to EEA Directives concerning misleading and comparative advertising and unfair commercial practices, as well as other EEA Member State legislation governing the advertising and promotion of medical devices. These laws may limit or restrict the advertising and promotion of our products to the general public and may impose limitations on our promotional activities with healthcare professionals. We are also subject to healthcare fraud and abuse regulation and enforcement by the countries in which we conduct our business. These healthcare laws and regulations vary significantly from country to country.
Ensuring that our internal operations and future business arrangements with third parties comply with applicable healthcare laws and regulations will involve substantial costs. We utilize considerable resources on an ongoing basis to monitor, assess and respond to applicable legislative, regulatory, and administrative requirements, but there is no guarantee that we will be successful in our efforts to adhere to all of these requirements. It is possible that governmental authorities will conclude that our business practices do not comply with current or future statutes, regulations, agency guidance or case law involving applicable fraud and abuse or other healthcare laws and regulations. If our operations are found to be in violation of any of the laws described above or any other governmental laws and regulations that may apply to us, we may be subject to significant penalties, including civil, criminal and administrative penalties, damages, fines, exclusion from government-funded healthcare programs, such as state Medicaid programs, TRICARE or similar programs in other countries or jurisdictions, disgorgement, imprisonment, contractual damages, reputational harm, diminished profits and the curtailment or restructuring of our operations. Further, defending against any such actions can be costly and time-consuming and may require significant personnel resources. Even if we are successful in defending against any such actions that may be brought against us, our business may be impaired.
Our hearing aids are subject to extensive government regulation at the federal and state level, and our failure to comply with applicable requirements could harm our business.
Our hearing aids are medical devices that are subject to extensive regulation in the United States, including by the FDA and state agencies. The FDA regulates, among other things, the design, development, research, manufacture, testing, labeling, marketing, promotion, advertising, sale, import and export of hearing aid devices, such as those we market. Applicable medical device regulations are complex and have tended to become more stringent over time. Regulatory changes could result in restrictions on our ability to carry out or expand our operations.
The FDA classifies medical devices into one of three classes (Class I, II, or III) based on the degree of risk associated with a device and the level of regulatory control deemed necessary to ensure its safety and effectiveness. Class I devices are those for which safety and effectiveness can be assured by adherence to the FDA’s general controls for medical devices, which include compliance with the FDA’s current good manufacturing practices for devices, as reflected in the Quality System Regulation (“QSR”), establishment registration and device listing, reporting of adverse events, and truthful,
labeling, advertising, and promotional materials. Some Class I devices also require premarket clearance by the FDA through the premarket notification process set forth in Section 510(k) of the Federal Food, Drug and Cosmetic Act (“FDCA”).
The FDA has classified
air-conduction
and wireless
air-conduction
hearing aids, such as those we market, as Class I and Class II devices, respectively, which are exempt from premarket review procedures; although we comply with applicable Class I and Class II medical device requirements, none of our devices have been reviewed by the FDA. Moreover, because the FDA has stated that it does not intend to enforce the medical evaluation requirements for dispensation of Class I or Class II
air-conduction
hearing aids to individuals 18 years of age and older, our devices are available directly to consumers without the medical evaluation of a licensed practitioner. If our current or future products become subject to the pending OTC hearing aid framework, are deemed to be Class II “self-fitting
air-conduction
hearing aids,” or are otherwise required to undergo premarket review, for example, to come into compliance with the OTC Final Rule, we may be required to first receive clearance under Section 510(k) of the FDCA or approval of a premarket approval (“PMA”) application from the FDA. If this were to occur for our currently marketed devices, the FDA could require us to remove our products from the market until we receive applicable regulatory clearance or approval, which would significantly impact our business.
In the 510(k) clearance process, before a device may be marketed, the FDA must determine that the proposed device is “substantially equivalent” to a legally-marketed “predicate” device, which includes a device that has been previously cleared through the 510(k) process, a device that was legally marketed prior to May 28, 1976 (a
device), a device that was originally on the U.S. market pursuant to an approved PMA application and later down-classified, or a legally marketed 510(k)-exempt device. To be “substantially equivalent,” the proposed device must have the same intended use as the predicate device, and either have the same technological characteristics as the predicate device or have different technological characteristics that do not raise different questions of safety or effectiveness than the predicate device. Clinical data are sometimes required to support substantial equivalence. In the PMA process, the FDA must determine that a proposed device is safe and effective for its intended use based, in part, on extensive data, including, but not limited to, technical,
pre-clinical,
clinical trial, manufacturing and labeling data. The PMA process is typically required for Class III devices that are deemed to pose the greatest risk, such as life-sustaining, life-supporting or implantable devices.
Modifications to products that are approved through a PMA application generally require FDA approval. Similarly, certain modifications made to products cleared through a 510(k) may require a new 510(k) clearance. Both the PMA approval and the 510(k) clearance process can be expensive, lengthy and uncertain. The FDA’s 510(k) clearance process usually takes from 3 to 12 months, but can last longer. The process of obtaining a PMA is much more costly and uncertain and generally takes from one to three years, or even longer, from the time the application is filed with the FDA. In addition, a PMA generally requires the performance of one or more clinical
trials. Despite the time, effort and cost, we cannot assure you that any particular device will be approved or cleared by the FDA.
Any delay or failure to obtain necessary regulatory clearances or approvals if required in the future could harm our business.
The FDA can delay, limit or deny clearance or approval of a device for many reasons, including:
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inability to demonstrate to the FDA’s satisfaction that the product or modification is substantially equivalent to the proposed predicate device or safe and effective for its intended use, as applicable;
•
the data from
pre-clinical
studies and clinical trials may be insufficient to support clearance or approval, where required; and
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the manufacturing process or facilities do not meet applicable requirements.
In addition, the FDA may change its clearance and approval policies, adopt additional regulations or revise existing regulations, or take other actions, which may prevent or delay our ability to introduce new products or modify our current products on a timely basis. For example, in November 2018, FDA officials announced forthcoming steps that the agency intends to take to modernize the 510(k) premarket notification pathway, and in September 2019, the FDA finalized guidance to describe an optional “safety and performance based” premarket review pathway for manufacturers of certain “well-understood device types,” which would allow manufacturers to demonstrate substantial equivalence by meeting objective safety and performance criteria established by the FDA, obviating the need for manufacturers to compare the safety and performance of their medical devices to specific predicate devices in the clearance process. As another example, in the FDA’s OTC Proposed Rule, the FDA states they are “undertaking other separate efforts to minimize regulatory burdens for manufacturers by proposing the harmonization of part 820 with an international consensus standard.” If we are required to seek premarket review of our devices in the future or if the FDA proposes modifications to quality system requirements, these proposals and reforms could impose additional regulatory requirements on us and increase the costs of compliance.
We operate in a regulated industry and changes in the regulations or the implementation of existing regulations could affect our operations and prospects for future growth globally.
Our products and our business activities are subject to rigorous regulation in any jurisdictions in which we operate, now or in the future. In particular, these laws generally govern: (i) coverage and reimbursement by the national health services or by private health insurance services for the purchase of hearing aids; (ii) the supply of hearing aids to the public and, more specifically, the training and qualifications required to practice the profession of hearing aid fitting specialist; and (iii) the development, testing, manufacturing, labeling, premarket clearance or approval and marketing, advertising, promotion, export and import of our hearing aids. Accordingly, our business may be affected by changes in any such laws and regulations and, in particular, by changes to the conditions for coverage, the way in which reimbursement is calculated, the ability to obtain national health insurance coverage or the role of the ear, nose and throat specialists.
While the FDA is the primary regulatory body affecting our business, which is currently based in the United States, there are numerous other regulatory schemes at the international, national and
levels to which we are subject and, to the extent we expand internationally, we could become subject to international agencies and regulatory bodies such as the various agencies that enforce the European Union (“EU”) Medical Device Directive, the Japanese Ministry of Health, Labor and Welfare, and
regulatory schemes in such jurisdictions. These regulations can be burdensome and subject to change on short notice, exposing us to the risk of increased costs and business disruption, and regulatory premarket clearance or approval requirements may affect or delay our ability to market our new products. We cannot guarantee that we will be able to obtain marketing clearance or approval for our new products, or enhancements or modifications to existing products. If
we do, such clearance or approval may take a significant amount of time and require the expenditure of substantial resources. Further, such clearance or approval may involve stringent testing procedures, modifications, repairs or replacements of our products and could result in limitations on the proposed uses of our products. Regulatory authorities and legislators have been recently increasing their scrutiny of the healthcare industry, and there are ongoing regulatory efforts to reduce healthcare costs that may intensify in the future. Our business is also sensitive to any changes in tort and product liability laws.
Regulations pertaining to our products have become increasingly stringent and more common, particularly in developing countries whose regulations approach standards previously attained only by some Organisation for Economic
Co-operation
and Development countries, and we may become subject to more rigorous regulation by governmental authorities in the future. Conversely, however, the regulation of hearing aids as medical devices provides a barrier to entry for new competitors. For example, if certain of our products were made subject to less stringent regulation by the FDA in the United States, for example, in connection with the FDA’s promulgation of a regulatory framework for OTC hearing aids, then products similar to ours may be marketed and sold more freely, and our products may become commoditized. If the markets in which we operate become less regulated, those barriers to entry may be eliminated or reduced, which could have a material adverse effect on our business, financial condition and results of operations.
Both before and after a product is commercially released, we have ongoing responsibilities under various laws and regulations. If a regulatory authority were to conclude that we are not in compliance with applicable laws or regulations, or that any of our hearing aids are ineffective or pose an unreasonable risk for the
the authority may ban such hearing aids, detain or seize adulterated or misbranded hearing aids, order a recall, repair, replacement or refund of such instruments, and require us to notify health professionals and others that the devices present unreasonable risks of substantial harm to the public health. A regulatory authority may also impose operating restrictions, enjoin and restrain certain violations of applicable law pertaining to medical devices, and assess civil or criminal penalties against our officers, employees or us. The regulatory authority may also recommend prosecution by law enforcement agencies. Any governmental law or regulation, existing or imposed in the future, or enforcement action taken may have a material adverse effect on our business, financial condition and results of operations. Please also see the Risk Factor titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.”
Disruptions at the FDA and other government agencies caused by funding shortages or global health concerns could hinder their ability to hire, retain or deploy key leadership and other personnel, or otherwise delay or prevent necessary regulatory clearances or approvals, which could negatively impact our business.
The ability of the FDA to review and clear or approve new products can be affected by a variety of factors, including government budget and funding levels, statutory, regulatory and policy changes, the FDA’s ability to hire and retain key personnel and accept the payment of user fees, and other events that may otherwise affect the FDA’s ability to perform routine functions. Average review times at the agency have fluctuated in recent years as a result. In addition, government funding of other government agencies that fund research and development activities is subject to the political process, which is inherently fluid and unpredictable. Disruptions at the FDA and other agencies may also slow the time necessary for new medical devices or modifications to be cleared or approved by government agencies, which would adversely affect our business. For example, over the last several years, including for 35 days beginning on December 22, 2018, the U.S. government has shut down several times and certain regulatory agencies, such as the FDA, have had to furlough critical FDA employees and stop critical activities.
Separately, in response to the
pandemic, on March 10, 2020, the FDA announced its intention to postpone most inspections of foreign manufacturing facilities, and on March 18, 2020, the FDA temporarily postponed routine surveillance inspections of domestic manufacturing facilities. Subsequently, in July 2020, the FDA resumed certain
inspections of domestic manufacturing facilities subject to a risk-based
prioritization system, which it utilized to assist in determining when and where it was safest to conduct prioritized domestic inspections. In May 2021, the FDA outlined a detailed plan to move toward a more consistent state of inspectional operations, and in July 2021, the FDA resumed standard inspectional operations of domestic facilities and was continuing to maintain this level of operation as of September 2021. More recently, the FDA has continued to monitor and implement changes to its inspectional activities to ensure the safety of its employees and those of the firms it regulates as it adapts to the evolving
pandemic. Regulatory authorities outside the United States may adopt similar restrictions or other policy measures in response to the
pandemic. If a prolonged government shutdown occurs, or if global health concerns continue to prevent the FDA or other regulatory authorities from conducting their regular inspections, reviews or other regulatory activities, it could significantly impact the ability of the FDA or other regulatory authorities to timely review and process our regulatory submissions, which could have a material adverse effect on our business.
Legislative or regulatory healthcare reforms may make it more difficult and costly to produce, market and distribute our products or to do so profitably.
Recent political, economic and regulatory influences are subjecting the healthcare industry to fundamental changes. Both the federal and state governments in the United States and foreign governments continue to propose and pass new legislation and regulations designed to contain or reduce the cost of healthcare, improve quality of care and expand access to healthcare, among other purposes. For example, the implementation of the Affordable Care Act has changed healthcare financing and delivery by both governmental and private insurers substantially and has affected medical device manufacturers significantly. Other legislative changes have also been proposed and adopted since the Affordable Care Act was enacted, which included, among other things, reductions to Medicare payments to providers of 2% per fiscal year. These reductions went into effect in April 2013 and, due to subsequent legislative amendments to the statute, will remain in effect through 2030, with the exception of a temporary suspension from May 1, 2020 through March 31, 2022, unless additional action is taken by Congress. In addition, on January 2, 2013, the American Taxpayer Relief Act of 2012 was signed into law which, among other things, further reduced Medicare payments to certain providers, including hospitals. The Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), enacted on April 16, 2015, repealed the formula by which Medicare made annual payment adjustments to physicians and replaced the former formula with fixed annual updates and a new system of incentive payments which began in 2019 that are based on various performance measures and physicians’ participation in alternative payment models such as accountable care organizations. Future legislation and regulatory changes, including, for example, the pending OTC regulatory framework, may result in, directly or indirectly, decreased coverage and reimbursement for medical devices, which may further exacerbate industry-wide pressure to reduce the prices charged and market demand for medical devices. This could harm our ability to market and generate sales from our products.
Our hearing aids may cause or contribute to adverse medical events that we are required to report to the FDA, and if we fail to do so, we would be subject to sanctions that could harm our reputation, business, financial condition and results of operations. The discovery of serious safety issues with our products, or a recall of our products either voluntarily or at the direction of the FDA or another governmental authority, could have a negative impact on us.
We are subject to the FDA’s medical device reporting regulations and similar foreign regulations, which require us to report to the FDA when we receive or become aware of information that reasonably suggests that one or more of our hearing aids may have caused or contributed to a death or serious injury or malfunctioned in a way that, if the malfunction were to recur, it could cause or contribute to a death or serious injury. The timing of our obligation to report is triggered by the date we become aware of the adverse event as well as the nature of the event. We may fail to report adverse events of which we become aware within the prescribed timeframe. We may also fail to recognize that we have become aware of a reportable adverse event, especially if it is not reported to us as an adverse event or if it is an adverse event that is unexpected or removed in time from the initial use of the hearing aid device. If we fail to comply with our reporting obligations, the FDA could take action, including warning letters, untitled letters,
administrative actions, criminal prosecution, imposition of civil monetary penalties, seizure of our products or, if premarket review is required in the future, delay in clearance of future products.
The FDA and foreign regulatory bodies have the authority to require the recall of commercialized medical device products in the event of material deficiencies or defects in design or manufacture of a product or in the event that a product poses an unacceptable risk to health. The FDA’s authority to require a recall must be based on a finding that there is reasonable probability that the device could cause serious injury or death. We may also choose to voluntarily recall a product if any material deficiency is found. A government-mandated or voluntary recall by us could occur as a result of an unacceptable risk to health, component failures, malfunctions, manufacturing defects, labeling or design deficiencies, packaging defects or other deficiencies or failures to comply with applicable regulations. We cannot assure you that product defects or other errors will not occur in the future. Recalls involving our hearing aids could have a material adverse effect on our business, financial condition and results of operations.
Medical device manufacturers are required to maintain certain records of recalls and corrections, even if they are not reportable to the FDA. We may initiate voluntary withdrawals or corrections for our hearing aid devices in the future that we determine do not require notification of the FDA. If the FDA disagrees with our determinations, it could require us to report those actions as recalls and we may be subject to enforcement action. A future recall announcement could harm our reputation with customers, potentially lead to product liability claims against us and negatively affect our sales.
We must manufacture our products in accordance with federal and state regulations, and we could be forced to recall our products or terminate production if we fail to comply with these regulations.
The methods used in, and the facilities used for, the manufacture of our hearing aid devices must comply with the FDA’s QSR, which is a complex regulatory scheme that covers the procedures and documentation of the design, testing, production, process controls, quality assurance, labeling, packaging, handling, storage, distribution, servicing and shipping of medical devices. Furthermore, we are required to verify that our suppliers maintain facilities, procedures and operations that comply with our quality and applicable regulatory requirements. The FDA enforces the QSR through periodic announced or unannounced inspections of medical device manufacturing facilities, which may include the facilities of subcontractors, and such inspections can result in warning letters, untitled letters and other regulatory communications and adverse publicity. Our hearing aid devices are also subject to similar state regulations and various laws and regulations of foreign countries governing manufacturing.
We cannot guarantee that we or any subcontractors will take the necessary steps to comply with applicable regulations, which could cause delays in the manufacture and delivery of our products. In addition, failure to comply with applicable FDA requirements or later discovery of previously unknown problems with our products or manufacturing processes could result in, among other things:
•
•
suspension or withdrawal of future clearances or approvals;
•
refusal to clear or approve pending applications;
•
•
•
administrative or judicially imposed sanctions;
•
refusal to permit the import or export of our products; and
•
criminal prosecution.
Any of these actions could significantly and negatively impact supply of our products. If any of these events occurs, our reputation could be harmed, we could be exposed to product liability claims and we could lose customers and suffer reduced revenue and increased costs.
We are subject to numerous state and local hearing aid and licensure laws and regulations as well as state laws regulating the corporate practice of audiology or fee splitting, and
with these laws and regulations may expose us to significant costs or liabilities and negatively impact our business, financial condition and ability to operate in those states.
We are subject to numerous state and local hearing aid laws and regulations relating to, among other matters, licensure and registration of audiologists and other individuals we employ or contract with to provide services and dispense hearing aids. Many states also have laws that regulate the corporate practice of audiology, including exercising control, interfering with or influencing an audiologist or other hearing care specialist’s professional judgment and entering into certain financial arrangements, such as splitting professional fees with audiologists. Other state and local laws and regulations require us to maintain warranty and return policies for consumers allowing for the return of product and restrict advertising and marketing practices. These state and local laws and regulations are complex, change frequently and have tended to become more stringent over time; additionally, these laws and their interpretations vary from state to state and are enforced by state courts and regulatory authorities, each with broad discretion.
The FDCA preempts state laws relating to the safety and efficacy of medical devices and state laws that are different from or in addition to federal requirements; some state laws relating to licensure, business registration, or administrative requirements may not be considered to be related to the safety and efficacy of medical devices and therefore may not be preempted. In Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express, Inc. and METX, LLC v.
Stores Texas, LLC, the Eighth Circuit Court of Appeals and the U.S. District Court for the Eastern District of Texas, respectively, have held that certain state laws relating to the fitting and dispensing of hearing aids are preempted because they relate to the safety and efficacy of medical devices. Interpretative legal precedent and regulatory guidance vary by jurisdiction and are often sparse and not fully developed, including which laws and regulations are preempted, complicating our compliance efforts. Accordingly, we cannot be certain that our interpretation of laws and regulations applicable to our operations is correct, and regulatory authorities or other third parties may challenge our existing organization. If such a claim were successful, we could be subject to adverse judicial or administrative interpretations and to civil or criminal penalties. Our ability to operate profitably will depend, in part, on our ability to obtain and maintain any necessary licenses and other approvals and operate in compliance with applicable state laws and regulations. A determination that we are in violation of applicable laws and regulations in any jurisdiction in which we operate could have a material adverse effect on us, particularly if we are unable to restructure our operations and arrangements to comply with the requirements of that jurisdiction, if we are required to restructure our operations and arrangements, including those with our audiologists and other licensed professionals, at a significant cost, or if we are subject to penalties or other adverse action.
Additionally, applicable federal laws and regulations continue to evolve. For example, the FDARA set forth a process to create a category of OTC hearing aids that are intended to be available without supervision, prescription, or other order, involvement or intervention of a licensed practitioner. The FDA is currently engaged in a rulemaking process to publish a final regulation regarding OTC hearing aids. Under FDARA, the OTC hearing aid controls that are the subject of the rulemaking, if finalized, would preempt any state or local requirement specifically related to hearing products that would restrict or interfere with commercial activity involving OTC hearing aids. Additionally, the Biden Executive Order July 9, 2021 instructed the FTC to review overly restrictive occupational licensing requirements that may impede the ability for licensed individuals to move between states. We cannot predict the impact on our business of new or amended laws or regulations or any changes in the way existing and future laws and regulations are interpreted or enforced, nor can we ensure we will be able to obtain or maintain any required licenses or permits. See the Risk Factor titled, “Changes in the
regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products.”
We may face risks related to any future international sales, including the need to obtain necessary foreign regulatory clearance or approvals.
Sales of our products outside the United States will subject us to foreign regulatory requirements that vary widely from country to country. The time required to obtain clearances or approvals required by other countries may be longer than that required for FDA clearance or approval, and requirements for such approvals may differ from FDA requirements. We may be unable to obtain regulatory approvals and may also incur significant costs in attempting to obtain foreign regulatory approvals. If we experience delays in receipt of approvals to market our products in new jurisdictions, or if we fail to receive these approvals, we may be unable to market our products in international markets in a timely manner, if at all, which could materially impact our international expansion and adversely affect our business as a whole. Some international regulations may also limit the availability of our hearing aids to customers in certain jurisdictions without our first obtaining a license or engaging a third party to provide such financing, or limit the financing options we can offer our customers. If any of these risks were to materialize, they could limit our expected international expansion opportunities, which could have a material adverse effect on our business, financial condition and results of operations.
Regulations in certain foreign countries may challenge our
sales model.
Our business may also be affected by actions of domestic and foreign governments to restrict the activities of
companies for various reasons, including a limitation on the ability of
companies to operate without the involvement of a traditional retail channel. To the extent that we begin to offer our products in international markets, foreign governments may also introduce other forms of protectionist legislation, such as limitations or requirements on where the products can or must be produced or requirements that
companies doing or seeking to do business place a certain percentage of ownership of legal entities in the hands of local nationals to protect the commercial interests of its citizens. Customs laws, tariffs, import duties, export and import quotas and restrictions on repatriation of foreign earnings and/or other methods of accessing cash generated internationally, may negatively affect our local or corporate operations. Additionally, the U.S. government may impose restrictions on our ability to engage in business in other countries in connection with the foreign policy of the United States. Any such restrictions on our
sales model in international jurisdictions could limit our ability to grow internationally, which could have a material adverse effect on our business, financial condition and results of operations.
Our success depends in part on our proprietary technology, and if we are unable to obtain, maintain or successfully enforce our intellectual property rights, the commercial value of our products and services will be adversely affected and our competitive position may be harmed.
Our success and ability to compete depend in part on our ability to maintain and enforce existing intellectual property and to obtain, maintain and enforce further intellectual property protection for our products and services, both in the United States and in other countries. We attempt to protect our intellectual property rights through a combination of patent, trademark, copyright and trade secret laws, as well as licensing agreements and third-party confidentiality and assignment agreements. Our inability to do so could harm our competitive position. As of December 31, 2021, we had 23 issued U.S. patents, 18 patents outside the United States, 7 pending U.S. patent applications and 10 pending foreign patent applications.
We rely on our portfolio of issued and pending patent applications in the United States and other countries to protect our intellectual property and our competitive position. However, the patent positions of medical device companies, including our patent position, may involve complex legal and factual questions, and, therefore, the scope, validity and enforceability of any patent claims that we may obtain cannot be predicted with certainty. Accordingly, we cannot provide any assurances that any of our issued patents have, or that any of our currently
pending or future patent applications that mature into issued patents will include, claims with a scope sufficient to protect our products and services. Our pending and future patent applications may not result in the issuance of patents or, if issued, may not issue in a form that will be advantageous to us. While we generally apply for patents in those countries where we intend to make, have made, use or sell patented products, we may not accurately predict all of the countries where patent protection will ultimately be desirable. If we fail to timely file for a patent, we may be precluded from doing so at a later date. Additionally, any patents issued to us may be challenged, narrowed, invalidated, held unenforceable or circumvented, or may not be sufficiently broad to prevent third parties from producing competing products similar in design to our products.
Changes in either patent laws or in interpretations of patent laws in the United States and other countries may diminish the value of our intellectual property or narrow the scope of our patent protection, which in turn could diminish the commercial value of our products and services. In addition, any protection afforded by foreign patents may be more limited than that provided under U.S. patent and intellectual property laws. There can be no assurance that any of our patents, any patents licensed to us or any patents which we may be issued in the future will provide us with a competitive advantage or afford us protection against infringement by others, or that the patents will not be successfully challenged or circumvented by third parties, including our competitors. Further, there can be no assurance that we will have adequate resources to enforce our patents.
In addition, from time to time we engage international consultants, contractors and other specialists to assist in our research and development activities. Certain of these third parties may operate in jurisdictions where it is difficult or impossible for us to assert our intellectual property rights in case of infringement or theft, either as a statutory or practical matter. We have engaged in, and may in the future engage in, various contractual relationships with third parties outside the United States in connection with the development of our products, which may expose our technology and intellectual property to a heightened risk of unauthorized use or theft.
Any of the foregoing risks, individually or in the aggregate, could have a material adverse effect on our competitive position, business, financial condition, results of operations, and prospects.
If our trademarks and trade names are not adequately protected, we may not be able to build name recognition in our markets of interest and our competitive position may be harmed.
We rely on our trademarks, trade names and brand names to distinguish our products from the products of our competitors, and have registered or applied to register many of these trademarks. There can be no assurance that our trademark applications will be approved. Third parties may also oppose our trademark applications or otherwise challenge our use of the trademarks. In the event that our trademarks are successfully challenged, we could be forced to rebrand our products, which could result in loss of brand recognition, and could require us to devote resources to advertising and marketing new brands. Further, there can be no assurance that competitors will not infringe our trademarks or that we will have adequate resources to enforce our trademarks. We also license third parties to use our trademarks. In an effort to preserve our trademark rights, we enter into license agreements with these third parties, which govern the use of our trademarks and require our licensees to abide by quality control standards with respect to the goods and services that they provide under our trademarks. Although we make efforts to monitor the use of our trademarks by our licensees, there can be no assurance that these efforts will be sufficient to ensure that our licensees abide by the terms of their licenses. In the event that our licensees fail to do so, our trademark rights could be diluted. Any of the foregoing could have a material adverse effect on our competitive position, business, financial condition, results of operations, and prospects.
We may become involved in lawsuits to protect or enforce our intellectual property, which could be expensive, time-consuming and unsuccessful.
Third parties, including our competitors, could be infringing, misappropriating or otherwise violating our intellectual property rights. While we are not aware of any unauthorized use of our intellectual property, we do not regularly conduct monitoring for unauthorized use at this time. In the future, we may from time to time, seek
to analyze our competitors’ products and services, or seek to enforce our rights against potential infringement, misappropriation or violation of our intellectual property. However, the steps we have taken to protect our proprietary rights may not be adequate to enforce our rights as against such infringement, misappropriation or violation of our intellectual property. We may not be able to detect unauthorized use of, or take appropriate steps to enforce, our intellectual property rights. Any inability to meaningfully enforce our intellectual property rights could harm our ability to compete and reduce demand for our products and services.
We may in the future become involved in lawsuits to protect or enforce our intellectual property rights. An adverse result in any litigation proceeding could harm our business. In any lawsuit we bring to enforce our intellectual property rights, a court may refuse to stop the other party from using the technology at issue on grounds that our intellectual property rights do not cover the technology in question. If we initiate legal proceedings against a third party to enforce a patent covering a product, the defendant could counterclaim that such patent is invalid or unenforceable. In patent litigation in the United States, defendant counterclaims alleging invalidity or unenforceability are commonplace. Grounds for a validity challenge could be an alleged failure to meet any of several statutory requirements, including lack of novelty, obviousness, or
Grounds for an unenforceability assertion could be an allegation that someone connected with prosecution of the patent withheld relevant information from the United States Patent and Trademark Office (“USPTO”) or made a misleading statement, during prosecution. Mechanisms for such challenges include
re-examination,
, opposition proceedings). Such proceedings could result in the revocation of, cancellation of, or amendment to our patents in such a way that they no longer cover our products, or any future products that we may develop.
The outcome following legal assertions of invalidity and unenforceability is unpredictable. With respect to the validity question, for example, we cannot be certain that there is no invalidating prior art, of which we and the patent examiner were unaware during prosecution. If a third party were to prevail on a legal assertion of invalidity or unenforceability, we would lose at least part, and perhaps all, of the patent protection on our products. Such a loss of patent protection would have a material adverse impact on our business, financial condition, results of operations, and prospects.
Because of the substantial amount of discovery required in connection with intellectual property litigation, there is a risk that some of our confidential information could be compromised by disclosure during litigation. There could also be public announcements of the results of hearing, motions, or other interim developments. If securities analysts or investors perceive these results to be negative, it could have a material adverse effect on the price of shares of our common stock. Even if we ultimately prevail, a court may decide not to grant an injunction against further infringing activity and instead award only monetary damages, which may not be an adequate remedy. Furthermore, the monetary cost of such litigation and the diversion of the attention of our management could outweigh any benefit we receive as a result of the proceedings. Uncertainties resulting from the initiation and continuation of patent litigation or other proceedings could have a material adverse effect on our business.
If we infringe, misappropriate or otherwise violate the intellectual property rights of third parties or are subject to an intellectual property infringement or misappropriation claim, our ability to grow our business may be severely limited and our business could be adversely affected.
We may in the future be the subject of patent or other litigation. Our products and services may infringe, or third parties may claim that they infringe, intellectual property rights covered by patents or patent applications under which we do not hold licenses or other rights. Third parties may own or control these patents and patent applications in the United States and abroad. These third parties could bring claims against us that would cause us to incur substantial expenses and, if successfully asserted against us, could cause us to pay substantial damages. Further, if a patent infringement or other intellectual property-related lawsuit were brought against us, we could be forced to stop or delay production or sales of the product that is the subject of the suit. From time to time, we have received and may in the future receive letters from third parties drawing our attention to their
patent rights. While we take steps to ensure that we do not infringe upon, misappropriate or otherwise violate the rights of others, there may be other more pertinent rights of which we are presently unaware. The defense and prosecution of intellectual property lawsuits could result in substantial expense to us and significant diversion of effort by our technical and management personnel. An adverse determination of any litigation or interference proceeding to which we may become a party could subject us to significant liabilities. As a result of patent infringement claims, or in order to avoid potential claims, we may choose or be required to seek a license from the third party and be required to pay significant license fees, royalties or both. Licenses may not be available on commercially reasonable terms, or at all, in which event our business would be materially and adversely affected. Even if we were able to obtain a license, the rights may be nonexclusive, which could result in our competitors gaining access to the same intellectual property. Ultimately, if we are unable to obtain such licenses, we could be forced to cease some aspect of our business operations, which could harm our business significantly.
Changes in U.S. patent laws may limit our ability to obtain, defend and/or enforce our patents.
Any patent reform legislation could increase the uncertainties and costs surrounding the prosecution of our patent applications and the enforcement or defense of our issued patents. For example, the Leahy-Smith America Invents Act (the “Leahy-Smith Act”) included a number of significant changes to U.S. patent law. These include provisions that affected the way patent applications are prosecuted and also affect patent litigation. The USPTO developed regulations and procedures to govern administration of the Leahy-Smith Act, and many of the substantive changes to patent law associated with the Leahy-Smith Act, and in particular, the first to file provisions, which became effective on March 16, 2013. The first to file provisions limit the rights of an inventor to patent an invention if not the first to file an application for patenting that invention, even if such invention was the first invention. Accordingly, it is not clear what, if any, impact the Leahy-Smith Act will have on the operation of our business.
However, the Leahy-Smith Act and its implementation could increase the uncertainties and costs surrounding the enforcement and defense of our issued patents. For example, the Leahy-Smith Act provides that an administrative tribunal known as the Patent Trial and Appeals Board (“PTAB”) provides a venue for challenging the validity of patents at a cost that is much lower than district court litigation and on timelines that are much faster. Although it is not clear what, if any, long-term impact the PTAB proceedings will have on the operation of our business, the initial results of patent challenge proceedings before the PTAB since its inception in 2013 have resulted in the invalidation of many U.S. patent claims. The availability of the PTAB as a lower-cost, faster and potentially more potent tribunal for challenging patents could increase the likelihood that our own patents will be challenged, thereby increasing the uncertainties and costs of maintaining and enforcing them.
We may be subject to claims that we or our employees have misappropriated the intellectual property of a third party, including trade secrets or
know-how,
or are in breach of
non-competition
agreements with our competitors and third parties may claim an ownership interest in intellectual property we regard as our own.
Many of our employees and consultants were previously employed at or engaged by other medical device companies, including our competitors or potential competitors. Some of these employees, consultants and contractors may have executed proprietary rights,
and
non-competition
agreements in connection with such previous employment. Although we try to ensure that our employees and consultants do not use the intellectual property, proprietary information,
know-how
or trade secrets of others in their work for us, we may be subject to claims that we or these individuals have, inadvertently or otherwise, misappropriated the intellectual property or disclosed the alleged trade secrets or other proprietary information, of these former employers, competitors or other third parties. Additionally, we may be subject to claims from third parties challenging our ownership interest in or inventorship of intellectual property we regard as our own, based on claims that our agreements with employees or consultants obligating them to assign intellectual property to us are ineffective or in conflict with prior or competing contractual obligations to assign inventions to another employer, to a former employer, or to another person or entity. Litigation may be necessary to defend against claims, and it may be
necessary or we may desire to enter into a license to settle any such claim; however, there can be no assurance that we would be able to obtain a license on commercially reasonable terms, if at all. If our defense to those claims fails, in addition to paying monetary damages or a settlement payment, a court could prohibit us from using technologies, features or other intellectual property that are essential to our products, if such technologies or features are found to incorporate or be derived from the trade secrets or other proprietary information of the former employers. An inability to incorporate technologies, features or other intellectual property that are important or essential to our products could have a material adverse effect on our business and competitive position, and may prevent us from selling our products. In addition, we may lose valuable intellectual property rights or personnel. Even if we are successful in defending against these claims, litigation could result in substantial costs and could be a distraction to management. Any litigation or the threat thereof may adversely affect our ability to hire employees or contract with independent sales representatives. A loss of key personnel or their work product could hamper or prevent our ability to commercialize our products, which could materially and adversely affect our business, financial condition, operating results, cash flows and prospects.
If we are unable to continue to drive consumers to our website, it could cause our revenue to decrease.
Many consumers find our website by searching for hearing aid information through internet search engines or from
and personal recommendations. A critical factor in attracting visitors to our website is how prominently we are displayed in response to search queries. Accordingly, we use search engine marketing as a means to provide a significant portion of our customer acquisition. Search engine marketing includes both paid website visitor acquisition on a
basis and visitor acquisition on an unpaid basis, often referred to as organic or algorithmic search.
One method we employ to acquire visitors via organic search is commonly known as search engine optimization (“SEO”). SEO involves developing our website in a way that enables the website to rank high for search queries for which our website’s content may be relevant. We also rely heavily on favorable recommendations from our existing customers to help drive traffic to our website. If our website is listed less prominently or fails to appear in search result listings for any reason, it is likely that we will attract fewer visitors to our website, which could adversely affect our revenue.
Risks relating to our common stock
If we fail to meet continued listing standards of the Nasdaq Stock Market LLC, our common stock may be delisted, which would have a material adverse effect on the price of our common stock.
Our common stock is currently traded on the Nasdaq under the symbol “EAR.” In order for our securities to be eligible for continued listing on Nasdaq, we must remain in compliance with certain Nasdaq continued listing standards. We were notified by Nasdaq on November 18, 2021 that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing our
for the period ended September 30, 2021 with the SEC. In accordance with Nasdaq Listing Rules, we have submitted a plan to regain compliance. Nasdaq has granted us an exception of up to 180 days from the
original filing due date, or until May 16, 2022, to regain compliance. On March 2, 2022, we filed a
notifying the SEC that we would be unable to timely file our annual report on Form
for the year ended December 31, 2021. One March 4, 2022, we were notified again by Nasdaq that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing this Annual Report on Form 10-K. As a result, we submitted to Nasdaq an update to our original plan to regain compliance. Nasdaq’s notification dated March 4, 2022 indicated that any exception to allow us to regain compliance with all untimely filings will be limited to a maximum of 180 calendar days from the due date of our Q3 10-Q, or May 16, 2022.
On May 11, 2022, we filed a Form 12b-25 notifying the SEC that we would be unable to timely file our Quarterly Report on Form 10-Q for the three months ended March 31, 2022 (our “Q1 2022 10-Q”). On May 12, 2022, we received a letter from Nasdaq notifying us that because we remain delinquent in filing our Q3 10-Q and Annual Report on Form 10-K, and, in addition, because we are delinquent in filing our Q1 2022 10-Q, we had not regained compliance and will not meet the terms of the exception. The letter indicated that our securities would be subject to
delisting on May 23, 2022 as a result of our non-compliance, unless on or before May 19, 2022 we request a hearing before the Nasdaq Hearings Panel and request an extended stay of suspension or delisting. We intend to timely request a hearing before the Nasdaq Hearings Panel, at which hearing we will present our plan to regain compliance and request the continued listing of our securities on Nasdaq pending our return to compliance. Such request would automatically stay any suspension or delisting action by Nasdaq for a period of 15 days from the date of our request. The stay could be extended at the option of the Nasdaq Hearings Panel upon our request and support of such extension, and we intend to ask the Nasdaq Hearings Panel for a further stay concurrent with our request for a hearing and pending the ultimate conclusion of the hearing process.
If Nasdaq should delist our common stock for any reason and we are unable to obtain listing on another reputable national securities exchange, a reduction in some or all of the following may occur, each of which could materially and adversely affect our stockholders:
•
the liquidity of our common stock;
•
the market price of our common stock;
•
our ability to raise additional capital;
•
the number of institutional and general investors that will consider investing in our common stock;
•
the number of market makers in our common stock;
•
the availability of information concerning the trading prices and volume of our common stock; and
•
the number of broker-dealers willing to execute trades in shares of our common stock.
We have identified material weaknesses in our internal control over financial reporting and entity level controls. If our remediation of the material weaknesses is not effective, or if we experience additional material weaknesses in the future or otherwise fail to maintain an effective system of internal controls in the future, we may not be able to accurately or timely report our financial condition or results of operations, which may adversely affect investor confidence in us and, as a result, the value of our common stock.
In connection with the preparation of our financial statements at the time of our IPO and through the current financial reporting period ended December 31, 2021, we identified material weaknesses in our internal control over financial reporting and our entity level controls. A material weakness is a deficiency, or combination of deficiencies, in internal controls such that there is a reasonable possibility that a material misstatement of our financial statements will not be prevented or detected on a timely basis.
With respect to the material weakness related to internal control over financial reporting, we have implemented and are in the process of implementing additional measures designed to improve our internal control over financial reporting to remediate this material weakness, including the hiring of additional qualified supervisory resources, the engagement of additional technical accounting consulting resources and plans to hire additional finance department employees.
With respect to the material weakness related to entity level controls related to a lack of sufficient qualified healthcare industry compliance and risk management resources, including those necessary to provide appropriate oversight, monitor compliance, and to identify and mitigate risks with respect to the financial reporting and disclosures of our operations, we intend to enhance our compliance and risk management processes with respect to our operations in the healthcare industry to remediate this material weakness, including the hiring of additional qualified personnel, and the engagement of additional specialized consulting resources.
We cannot assure you that the measures we intend to take will be sufficient to remediate the material weaknesses we have identified or avoid potential future material weaknesses. While we believe that our efforts will enhance our internal control, remediation of the material weaknesses will require further validation and testing of the design and operating effectiveness of internal controls over a sustained period of financial reporting cycles, and we cannot assure you that we have identified all, or that we will not in the future have additional, material weaknesses.
Raising additional capital may cause dilution to our stockholders, restrict our operations or require us to relinquish rights to our technologies or products.
Since our inception, our operations have been financed primarily by net proceeds from the sale of our convertible preferred stock and common stock, indebtedness and revenue from the sales of our products. We anticipate our future capital requirements will be substantial and that we will need to raise significant additional capital to fund our operations through equity or debt financing, or some combination thereof. We are currently exploring fundraising opportunities to meet these capital requirements. If we are unable to raise additional funding to meet our operational needs, we will be forced to limit or cease our operations.
In addition to our current capital needs, we regularly consider fundraising opportunities and may decide, from time to time, to raise capital based on various factors, including market conditions and our plans of operation. We may seek funds through borrowings or through additional rounds of financing, including private or public equity or debt offerings. Additional capital may not be available to us on acceptable terms on a timely basis, or at all. If adequate funds are not available, or if the terms of potential funding sources are unfavorable, our business and our ability to develop our technology and our products would be harmed. If we raise additional funds by issuing equity securities, our stockholders may suffer dilution and the terms of any financing may adversely affect the rights of our stockholders. In addition, as a condition to providing additional funds to us, future investors may demand, and may be granted, rights superior to those of existing stockholders. Debt financing, if available, is likely to involve restrictive covenants limiting our flexibility in conducting future business activities, and, in the event of insolvency, debt holders would be repaid before holders of our equity securities receive any distribution of our corporate assets. We also could be required to seek funds through arrangements with partners or others that may require us to relinquish rights or jointly own some aspects of our technologies or products that we would otherwise pursue on our own.
If we are unable to implement and maintain effective internal control over financial reporting in the future, investors may lose confidence in the accuracy and completeness of our financial reports and the market price of our common stock may decline.
As a public company, we are required to maintain internal control over financial reporting and to report any material weaknesses in such internal controls. In addition, beginning with our annual report on Form
for the year ended December 31, 2021, we will be required to furnish a report by management on the effectiveness of our internal control over financial reporting, pursuant to Section 404 of the Sarbanes-Oxley Act. The process of designing, implementing and testing the internal control over financial reporting required to comply with this obligation is time-consuming, costly and complicated. If we fail to remediate identified material weaknesses or identity additional material weaknesses in our internal control over financial reporting, if we are unable to comply with the requirements of Section 404 of the Sarbanes-Oxley Act in a timely manner, or if we are unable to assert that our internal control over financial reporting is effective, investors may lose confidence in the accuracy and completeness of our financial reports and the market price of our common stock could decline, and we could also become subject to investigations by the stock exchange on which our common stock is listed, the SEC or other regulatory authorities, which could require additional financial and management resources.
As of December 31, 2021, we no longer qualify as an “emerging growth company,” and as a result, we will have to comply with increased disclosure and compliance requirements.
As of December 31, 2021, based on the market value of our common stock on the relevant measurement date exceeding $700 million, we no longer qualify as an emerging growth company and instead are deemed a “large accelerated filer” within the meaning of applicable SEC rules.
As a large accelerated filer, we are now (as of December 31, 2021) subject to certain disclosure and compliance requirements that apply to other public companies but did not previously apply to us due to our status as an emerging growth company. We expect that the loss of emerging growth company status and compliance with the additional requirements of being a large accelerated filer will increase our legal and financial compliance costs and cause management and other personnel to divert attention from operational and other business matters to devote substantial time to public company reporting requirements. In addition, if we are not able to comply with
changing requirements in a timely manner, the market price of our stock could decline and we could be subject to sanctions or investigations by the stock exchange on which our common stock is listed, the SEC, or other regulatory authorities, which would require additional financial and management resources.
We incur significantly increased costs and are subject to additional regulations and requirements as a result of becoming a public company, which could lower our profits or make it more difficult to run our business.
As a public company, we incur significant legal, accounting and other expenses that we did not incur as a private company, including costs associated with public company reporting requirements. We also have incurred and will continue to incur costs associated with the Sarbanes-Oxley Act, and related rules implemented by the SEC and the exchange our securities are listed on. The expenses generally incurred by public companies for reporting and corporate governance purposes have been increasing. We expect these rules and regulations to increase our legal and financial compliance costs and to make some activities more time-consuming and costly, although we are currently unable to estimate these costs with any degree of certainty. These laws and regulations also could make it more difficult or costly for us to obtain certain types of insurance, including director and officer liability insurance, and we may be forced to accept reduced policy limits and coverage or incur substantially higher costs to obtain the same or similar coverage. These laws and regulations could also make it more difficult for us to attract and retain qualified persons to serve on our board of directors, on our board committees or as our executive officers. Furthermore, if we are unable to satisfy our obligations as a public company, we could be subject to delisting of our common stock, fines, sanctions, other regulatory action and potentially civil litigation.
If our operating and financial performance in any given period does not meet any guidance that we provide to the public, the market price of our common stock may decline.
Any public guidance we provided regarding our expected operating and financial results for future periods is comprised of forward-looking statements subject to the risks and uncertainties described in this Annual Report on Form
and in our other public filings and public statements. Our actual results may not always be in line with or exceed any guidance we provide, especially in times of economic uncertainty. If our operating or financial results for a particular period do not meet any guidance we provide or the expectations of investment analysts, or if we reduce our guidance for future periods, the market price of our common stock may decline. In September 2021, we withdrew our financial guidance for the fiscal year ended December 31, 2021 as a result of uncertainties arising with respect to the DOJ investigation and claims audits (see “Management’s Discussion and Analysis of Financial Condition and Results of Operations—DOJ investigation and settlement and claims audits” for more information). While we have since provided some limited financial guidance, we cannot be certain if or when we will resume providing more fulsome financial guidance.
Our principal stockholders and management own a significant percentage of our stock and will be able to exert significant control over matters subject to stockholder approval.
As of December 31, 2021, based on public filings, our current executive officers, directors, holders of 5% or more of our capital stock and their respective affiliates held approximately 36.7% of our outstanding voting stock. Therefore, these stockholders will have the ability to influence us through this ownership position. Depending on the involvement and action of other stockholders, these principal stockholders and management may be able to determine all matters requiring stockholder approval. For example, these stockholders may be able to control elections of directors, amendments of our organizational documents, or approval of any merger, sale of assets, or other major corporate transaction. This may prevent or discourage unsolicited acquisition proposals or offers for our common stock that you may feel are in your best interest as one of our stockholders.
We have no current plans to pay cash dividends on our common stock; as a result, you may not receive any return on investment unless you sell your common stock for a price greater than that which you paid for it.
We have never declared or paid cash dividends on our common stock, and we do not currently intend to pay any cash dividends on our common stock in the foreseeable future. We currently intend to retain all available funds
and any future earnings to fund the development and expansion of our business. Any future determination related to dividend policy will be made at the discretion of our board of directors, subject to applicable laws, and will depend upon, among other factors, our results of operations, financial condition, contractual restrictions and capital requirements. Also, unless waived, the terms of our 2018 Loan with Silicon Valley Bank generally prohibit us from declaring or paying any cash dividends and other distributions. Additionally, our ability to pay cash dividends on our common stock may be limited by the terms of any future debt or preferred securities we issue or any future credit facilities we enter into. As a result, you may not receive any return on an investment in our common stock unless you sell your common stock for a price greater than that which you paid for it.
Sales of a substantial number of shares of our common stock in the public market could cause our stock price to fall.
If our existing stockholders sell, or indicate an intention to sell, substantial amounts of our common stock in the public market, the trading price of our common stock could decline. We had a total of 39,307,093 shares of common stock outstanding as of December 31, 2021.
The holders of approximately 8.7 million shares of our common stock, or approximately 22% of our total outstanding common stock as of December 31, 2021, are entitled to rights with respect to the registration of their shares under the Securities Act. Registration of these shares under the Securities Act would result in the shares becoming freely tradable without restriction under the Securities Act, except for shares purchased by affiliates. Any sales of securities by these stockholders could have a material adverse effect on the trading price of our common stock.
Provisions in our charter documents and under Delaware law could discourage a takeover that stockholders may consider favorable and may lead to entrenchment of management.
Our amended and restated certificate of incorporation and amended and restated bylaws contain provisions that could delay or prevent changes in control or changes in our management without the consent of our board of directors. These provisions include:
•
a classified board of directors with three-year staggered terms, which may delay the ability of stockholders to change the membership of a majority of our board of directors;
•
no cumulative voting in the election of directors, which limits the ability of minority stockholders to elect director candidates;
•
the exclusive right of our board of directors to elect a director to fill a vacancy created by the expansion of the board of directors or the resignation, death or removal of a director, which prevents stockholders from being able to fill vacancies on our board of directors;
•
the ability of our board of directors to authorize the issuance of shares of preferred stock and to determine the price and other terms of those shares, including preferences and voting rights, without stockholder approval, which could be used to significantly dilute the ownership of a hostile acquiror;
•
the ability of our board of directors to alter our amended and restated bylaws without obtaining stockholder approval;
•
the required approval of at least 66
% of the shares entitled to vote at an election of directors to adopt, amend or repeal our amended and restated bylaws or to repeal certain provisions of our amended and restated certificate of incorporation;
•
a prohibition on stockholder action by written consent, which forces stockholder action to be taken at an annual or special meeting of our stockholders;
•
the requirement that a special meeting of stockholders may be called only by our board of directors, which may delay the ability of our stockholders to force consideration of a proposal or to take action, including the removal of directors; and
•
advance notice procedures that stockholders must comply with in order to nominate candidates to our board of directors or to propose matters to be acted upon at a stockholders’ meeting, which may discourage or deter a potential acquiror from conducting a solicitation of proxies to elect the acquiror’s own slate of directors or otherwise attempting to obtain control of us.
We are also subject to the anti-takeover provisions contained in Section 203 of the Delaware General Corporation Law. Under Section 203, a corporation may not, in general, engage in a business combination with any holder of 15% or more of its capital stock unless the holder has held the stock for three years or, among other exceptions, the board of directors has approved the transaction.
Claims for indemnification by our directors, officers and other employees or agents may reduce our available funds to satisfy successful third-party claims against us and may reduce the amount of money available to us.
Our amended and restated certificate of incorporation and amended and restated bylaws provide that we will indemnify our directors and officers, in each case to the fullest extent permitted by Delaware law.
In addition, as permitted by Section 145 of the Delaware General Corporation Law, our amended and restated bylaws and our indemnification agreements that we have entered into with our directors, officers and certain other employees provide that:
•
We will indemnify our directors and officers for serving us in those capacities or for serving other business enterprises at our request, to the fullest extent permitted by Delaware law. Delaware law provides that a corporation may indemnify such person if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the registrant and, with respect to any criminal proceeding, had no reasonable cause to believe such person’s conduct was unlawful.
•
We may, in our discretion, indemnify employees and agents in those circumstances where indemnification is permitted by applicable law.
•
We are required to advance expenses, as incurred, to our directors and officers in connection with defending a proceeding, except that such directors or officers shall undertake to repay such advances if it is ultimately determined that such person is not entitled to indemnification.
•
We will not be obligated pursuant to our amended and restated bylaws to indemnify a person with respect to proceedings initiated by that person against us or our other indemnitees, except with respect to proceedings authorized by our board of directors or brought to enforce a right to indemnification.
•
The rights conferred in our amended and restated bylaws are not exclusive, and we are authorized to enter into indemnification agreements with our directors, officers, employees and agents and to obtain insurance to indemnify such persons.
•
We may not retroactively amend our amended and restated bylaw provisions to reduce our indemnification obligations to directors, officers, employees and agents.
Our amended and restated certificate of incorporation and amended and restated bylaws provide that the Court of Chancery of the State of Delaware will be the exclusive forum for certain disputes between us and our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers or employees.
Our amended and restated certificate of incorporation and amended and restated bylaws provide that the Court of Chancery of the State of Delaware (or, in the event that the Court of Chancery does not have jurisdiction, the federal district court for the District of Delaware or other state courts of the State of Delaware) is the exclusive forum for any derivative action or proceeding brought on our behalf, any action asserting a claim of breach of fiduciary duty, any action asserting a claim against us arising pursuant to the Delaware General Corporation Law, our amended and restated certificate of incorporation or our amended and restated bylaws, or any action asserting a claim against us that is governed by the internal affairs doctrine; provided that, the exclusive forum provision
will not apply to suits brought to enforce any liability or duty created by the Exchange Act, or any other claim for which the federal courts have exclusive jurisdiction; and provided further that, if and only if the Court of Chancery of the State of Delaware dismisses any such action for lack of subject matter jurisdiction, such action may be brought in another state or federal court sitting in the State of Delaware. Our amended and restated certificate of incorporation and amended and restated bylaws also provide that the federal district courts of the United States of America will be the exclusive forum for the resolution of any complaint asserting a cause of action against us or any of our directors, officers, employees or agents and arising under the Securities Act. Nothing in our amended and restated certificate of incorporation or amended and restated bylaws precludes stockholders that assert claims under the Exchange Act from bringing such claims in state or federal court, subject to applicable law.
We believe these provisions may benefit us by providing increased consistency in the application of Delaware law and federal securities laws by chancellors and judges, as applicable, particularly experienced in resolving corporate disputes, efficient administration of cases on a more expedited schedule relative to other forums and protection against the burdens of multi-forum litigation. However, this choice of forum provision may limit a stockholder’s ability to bring a claim in a judicial forum that it finds favorable for disputes with us or any of our directors, officers, other employees or stockholders, which may discourage lawsuits with respect to such claims, although our stockholders will not be deemed to have waived our compliance with federal securities laws and the rules and regulations thereunder. Furthermore, the enforceability of similar choice of forum provisions in other companies’ certificates of incorporation has been challenged in legal proceedings, and it is possible that a court could find these types of provisions to be inapplicable or unenforceable. While the Delaware courts have determined that such choice of forum provisions are facially valid, a stockholder may nevertheless seek to bring a claim in a venue other than those designated in the exclusive forum provisions, and there can be no assurance that such provisions will be enforced by a court in those other jurisdictions. If a court were to find the choice of forum provision that will be contained in our amended and restated certificate of incorporation and amended and restated bylaws to be inapplicable or unenforceable in an action, we may incur additional costs associated with resolving such action in other jurisdictions, which could adversely affect our business and financial condition.
If securities analysts publish negative evaluations of our stock or stop publishing research or reports about our business, the price of our stock could decline.
The trading market for our common stock relies in part on the research and reports that industry or financial analysts publish about us or our business. We currently have research coverage by several financial analysts. If one or more of these analysts should drop research coverage of us or if one or more of the analysts covering our business downgrade their evaluations of our stock, the price of our stock could decline. For example, certain of our analysts downgraded our common stock following our announcement of the DOJ investigation and claims audits (see “Management’s Discussion and Analysis of Financial Condition and Results of Operations— DOJ investigation and settlement and claims audits”), which may have contributed to a significant decline in the price of our common stock. If one or more of these analysts cease to cover our stock, we could lose visibility in the market for our stock, which in turn could cause our stock price to decline.
General risk factors
Engaging in acquisitions or strategic partnerships may increase our capital requirements, dilute our stockholders, cause us to incur debt or assume contingent liabilities and subject us to other risks.
As part of our business strategy, we may acquire companies or businesses, enter into strategic partnerships and joint ventures and make investments to further our business. Risks associated with these transactions include the following, any of which could adversely affect our revenue, gross margin, profitability, cash flows and financial condition:
•
increased operating expenses and cash requirements;
•
the assumption of additional indebtedness or contingent liabilities;
•
assimilation of operations, intellectual property and products of an acquired company, including difficulties associated with integrating new personnel;
•
the diversion of our management’s attention from our existing product programs and initiatives in pursuing such a strategic merger or acquisition;
•
loss of key personnel, and uncertainties in our ability to maintain key business relationships;
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uncertainties associated with the other party to such a transaction, including the prospects of that party and their existing products or product candidates and regulatory approvals;
•
our inability to generate revenue from acquired technology and/or products sufficient to meet our objectives in undertaking the acquisition or even to offset the associated acquisition and maintenance costs; and
•
causing us to become subject to additional laws and regulations.
In addition, in connection with these acquisitions or strategic partnerships, we may issue dilutive securities, assume or incur debt obligations, incur large
one-time
expenses and acquire intangible assets that could result in significant future amortization expense. Moreover, we may not be able to locate suitable acquisition or partnership opportunities, and even if we do locate such opportunities we may not be able to successfully bid for or obtain them due to competitive factors or lack of sufficient resources. This inability could impair our ability to grow or obtain access to technology or products that may be important to the development of our business.
Our effective tax rate may vary significantly from period to period.
Various internal and external factors may have favorable or unfavorable effects on our future effective tax rate. These factors include, but are not limited to, changes in tax laws both within and outside the United States, regulations and/or rates, structural changes in our business, new or changes to accounting pronouncements,
goodwill impairments, changing interpretations of existing tax laws or regulations, changes in the relative proportions of revenue and income before taxes in the various jurisdictions in which we operate that have differing statutory tax rates, the future levels of tax benefits of equity-based compensation, changes in overall levels of pretax earnings or changes in the valuation of our deferred tax assets and liabilities. Additionally, we could be challenged by state and local tax authorities as to the propriety of our sales tax compliance, and our results could be materially impacted by these compliance determinations.
In addition, our effective tax rate may vary significantly depending on our stock price. The tax effects of the accounting for share-based compensation may significantly impact our effective tax rate from period to period. In periods in which our stock price is higher than the grant price of the share-based compensation vesting in that period, we will recognize excess tax benefits that will decrease our effective tax rate. In future periods in which our stock price is lower than the grant price of the share-based compensation vesting in that period, our effective tax rate may increase. The amount and value of share-based compensation issued relative to our earnings in a particular period will also affect the magnitude of the impact of share-based compensation on our effective tax rate. These tax effects are dependent on our stock price, which we do not control, and a decline in our stock price could significantly increase our effective tax rate and adversely affect our financial results.
If we fail to execute invention assignment agreements with our employees and contractors involved in the development of intellectual property or are unable to protect the confidentiality of our trade secrets, the value of our products and our business and competitive position could be harmed.
In addition to patent protection, we also rely on protection of copyright, trade secrets,
know-how
and confidential and proprietary information. We generally enter into confidentiality and invention assignment agreements with our employees, consultants and third parties upon their commencement of a relationship with us. However, we may not enter into such agreements with all employees, consultants and third parties who have been involved in
the development of our intellectual property. In addition, these agreements may not provide meaningful protection against the unauthorized use or disclosure of our trade secrets or other confidential information, and adequate remedies may not exist if unauthorized use or disclosure were to occur. The exposure of our trade secrets and other proprietary information would impair our competitive advantages and could have a material adverse effect on our business, financial condition and results of operations. In particular, a failure to protect our proprietary rights may allow competitors to copy our technology, which could adversely affect our pricing and market share. Further, other parties may independently develop substantially equivalent
know-how
and technology.
In addition to contractual measures, we try to protect the confidential nature of our proprietary information using commonly accepted physical and technological security measures. Such measures may not, for example, in the case of misappropriation of a trade secret by an employee or third party with authorized access, provide adequate protection for our proprietary information. Our security measures may not prevent an employee or consultant from misappropriating our trade secrets and providing them to a competitor, and recourse we take against such misconduct may not provide an adequate remedy to protect our interests fully. Unauthorized parties may also attempt to copy or reverse engineer certain aspects of our products that we consider proprietary. Enforcing a claim that a party illegally disclosed or misappropriated a trade secret can be difficult, expensive and time-consuming, and the outcome is unpredictable. Even though we use commonly accepted security measures, trade secret violations are often a matter of state law, and the criteria for protection of trade secrets can vary among different jurisdictions. In addition, trade secrets may be independently developed by others in a manner that could prevent legal recourse by us. We also have agreements with our employees, consultants and third parties that obligate them to assign their inventions to us; however, these agreements may not be self-executing, not all employees or consultants may enter into such agreements, or employees or consultants may breach or violate the terms of these agreements, and we may not have adequate remedies for any such breach or violation. If any of our intellectual property or confidential or proprietary information, such as our trade secrets, were to be disclosed or misappropriated, or if any such information was independently developed by a competitor, it could have a material adverse effect on our competitive position, business, financial condition, results of operations, and prospects.
We may be unable to enforce our intellectual property rights throughout the world.
The laws of some foreign countries do not protect intellectual property rights to the same extent as the laws of the United States. Many companies have encountered significant problems in protecting and defending intellectual property rights in certain foreign jurisdictions. This could make it difficult for us to stop infringement of our foreign patents, if obtained, or the misappropriation of our other intellectual property rights. For example, some foreign countries have compulsory licensing laws under which a patent owner must grant licenses to third parties. In addition, some countries limit the enforceability of patents against third parties, including government agencies or government contractors. In these countries, patents may provide limited or no benefit. Patent protection must ultimately be sought on a
country-by-country
basis, which is an expensive and time-consuming process with uncertain outcomes. Accordingly, we may choose not to seek patent protection in certain countries, and we will not have the benefit of patent protection in such countries.
Proceedings to enforce our patent rights in foreign jurisdictions could result in substantial costs and divert our efforts and attention from other aspects of our business. Accordingly, our efforts to protect our intellectual property rights in such countries may be inadequate. In addition, changes in the law and legal decisions by courts in the United States and foreign countries may affect our ability to obtain adequate protection for our technology and the enforcement of our intellectual property.
Actual or perceived failures to comply with applicable data privacy and security laws, regulations, policies, standards, contractual obligations and other requirements related to data privacy and security and changes to such laws, regulations, standards, policies and contractual obligations could adversely affect our business, financial condition and results of operations.
The global data protection landscape is rapidly evolving, and there has been an increasing focus on privacy and data protection issues with the potential to affect our business. We are or may become subject to numerous state, federal and foreign laws, requirements and regulations governing the collection, transmission, use, disclosure, storage, retention and security of personal and personally-identifying information, such as information that we may collect in connection with conducting our business in the United States and abroad. Implementation standards and enforcement practices are likely to remain uncertain for the foreseeable future, and we cannot yet determine the impact future laws, regulations, standards or perception of their requirements may have on our business. This evolution may create uncertainty in our business, affect our ability to operate in certain jurisdictions or to collect, store, transfer use and share personal information, necessitate the acceptance of more onerous obligations in our contracts, result in liability or impose additional costs on us. The cost of compliance with these laws, regulations and standards is high and is likely to increase in the future. Any failure or perceived failure by us to comply with federal, state or foreign laws or regulation, our internal policies and procedures or our contracts governing our processing of personal information could result in negative publicity, government investigations and enforcement actions, fines, imprisonment of company officials and public censure, claims by third parties, damage to our reputation and loss of goodwill, any of which could have a material adverse effect on our business, financial condition and results of operations.
In the ordinary course of our business, we collect and store sensitive data, including protected health information (“PHI”), personally identifiable information (“PII”), intellectual property and proprietary business information owned or controlled by ourselves or our customers, third-party payors and other parties. We also collect and store sensitive data of our employees and contractors. We manage and maintain our applications and data utilizing cloud-based data centers for PII. We utilize external security and infrastructure vendors to manage parts of our data centers.
As our operations and business grow, we are and may become subject to or affected by new or additional data protection laws and regulations and face increased scrutiny or attention from regulatory authorities. In the United States, HIPAA establishes, among other things, privacy and security standards that limit the use and disclosure of PHI, and imposes certain obligations, including mandatory contractual terms, with respect to safeguarding the privacy, security and transmission of PHI by covered entities, such as health plans, healthcare clearinghouses and healthcare providers, as well as their business associates that perform certain services involving the use or disclosure of PHI, and their covered subcontractors. HIPAA requires covered entities and their business associates to develop and maintain certain policies and procedures with respect to PHI that is used or disclosed. Further, in the event of a breach of unsecured protected health information, HIPAA requires covered entities to notify each individual whose PHI is breached as well as federal regulators and, in some cases, the media. Certain states have also adopted comparable privacy and security laws and regulations, some of which may be more stringent than HIPAA. Such laws and regulations will be subject to interpretation by various courts and other governmental authorities, thus creating potentially complex compliance issues for us and our future customers and strategic partners. Determining whether protected health information has been handled in compliance with applicable privacy standards and our contractual obligations can be complex and may be subject to changing interpretation. If we are unable to properly protect the privacy and security of PHI, we could be found to have breached our contracts. Further, if we fail to comply with applicable privacy laws, including applicable privacy and security standards, we could face civil and criminal penalties. The U.S. Department of Health and Human Services (“HHS”), has the discretion to impose penalties without attempting to resolve violations through informal means. HHS enforcement activity can result in financial liability and reputational harm, and responses to such enforcement activity can consume significant internal resources, each of which could have a material adverse effect on our business financial condition, results of operations or prospects.
In addition, the California Consumer Privacy Act (“CCPA”), which took effect on January 1, 2020, creates individual privacy rights for California consumers and increases the privacy and security obligations of entities handling certain personal information. The CCPA provides for civil penalties for violations, as well as a private right of action for data breaches that is expected to increase data breach litigation. The CCPA may increase our compliance costs and potential liability, and many similar laws have been proposed at the federal level and in other states. Further, the CPRA recently passed in California, which will impose additional data protection obligations on covered businesses, including additional consumer rights processes, limitations on data uses, new audit requirements for higher risk data, and opt outs for certain uses of sensitive data. It will also create a new California data protection agency authorized to issue substantive regulations and could result in increased privacy and information security enforcement. The majority of the provisions will go into effect on January 1, 2023, and additional compliance investment and potential business process changes may be required. In the event that we are subject to or affected by HIPAA, the CCPA, the CPRA or other domestic privacy and data protection laws, any liability from failure to comply with the requirements of these laws could adversely affect our financial condition. Similar laws have passed in Virginia, Colorado and Utah, and have been proposed in other states and at the federal level, reflecting a trend toward more stringent privacy legislation in the United States. The enactment of such laws could have potentially conflicting requirements that would make compliance challenging. We may need to invest substantial resources in putting in place policies and procedures to comply with these evolving state laws.
In addition, state attorneys general are authorized to bring civil actions seeking either injunctions or damages in response to violations that threaten the privacy of state residents. We cannot be sure how these regulations will be interpreted, enforced or applied to our operations. In addition to the risks associated with enforcement activities and potential contractual liabilities, our ongoing efforts to comply with evolving laws and regulations at the federal and state level may be costly and require ongoing modifications to our policies, procedures and systems.
Data protection laws are evolving globally and may add additional compliance costs and legal risks to our operations. We are subject to the GDPR, which went into effect in May 2018 and which imposes obligations on companies that operate in our industry with respect to the processing of personal data and the cross-border transfer of such data. The GDPR imposes onerous accountability obligations requiring data controllers and processors to maintain a record of their data processing and policies. If our or our partners’ or service providers’ privacy or data security measures fail to comply with the GDPR requirements, we may be subject to litigation, regulatory investigations, enforcement notices requiring us to change the way we use personal data and/or fines of up to 20 million Euros or up to 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher, as well as compensation claims by affected individuals, negative publicity, reputational harm and a potential loss of business and goodwill. Further, as of January 1, 2021, impacted companies have to comply with the GDPR and the UK GDPR, which, together with the amended UK Data Protection Act 2018, retains the GDPR in UK national law, the latter regime having the ability to separately fine up to the greater of £17.5 million or 4% of global turnover. While we continue to address the implications of the recent changes to European data privacy regulations, data privacy remains an evolving landscape at both the domestic and international level, with new regulations coming into effect and continued legal challenges, and our efforts to comply with the evolving data protection rules may be unsuccessful. It is possible that these laws may be interpreted and applied in a manner that is inconsistent with our practices. Accordingly, we must devote significant resources to understanding and complying with this changing landscape.
Although we work to comply with applicable laws, regulations and standards, our contractual obligations and other legal obligations, these requirements are evolving and may be modified, interpreted and applied in an inconsistent manner from one jurisdiction to another, and may conflict with one another or other legal obligations with which we must comply. Any failure or perceived failure by us or our employees, representatives, contractors, consultants or other third parties to comply with such requirements or adequately address privacy and security concerns, even if unfounded, could result in additional cost and liability to us, damage our
reputation, negative publicity, loss of goodwill and materially adversely affect our business, financial condition and results of operations or prospects.
We are subject to a number of risks related to the credit card and debit card payments we accept.
We accept payments through credit and debit card transactions. For credit and debit card payments, we pay interchange and other fees, which may increase over time. An increase in those fees may require us to increase the prices we charge and would increase our operating expenses, either of which may adversely affect our business, financial condition and results of operations.
If we or our processing vendors fail to maintain adequate systems for the authorization and processing of credit and debit card transactions, it could cause one or more of the major credit card companies to disallow our continued use of their payment products. In addition, if these systems fail to work properly and, as a result, we do not charge our customers’ credit or debit cards on a timely basis, or at all, it could adversely affect our business, financial condition and results of operations.
The payment methods that we offer also subject us to potential fraud and theft by criminals, who are becoming increasingly more sophisticated in exploiting weaknesses that may exist in the payment systems. If we fail to comply with applicable rules or requirements for the payment methods we accept, or if payment-related data is compromised due to a breach, we may be liable for significant costs incurred by payment card issuing banks and other third parties or subject to fines and higher transaction fees, or our ability to accept or facilitate certain types of payments may be impaired. In addition, our customers could lose confidence in certain payment types, which may result in a shift to other payment types or potential changes to our payment systems that may result in higher costs. If we fail to adequately control fraudulent credit card transactions, we may face civil liability, diminished public perception of our security measures and significantly higher card-related costs, each of which could have a material adverse effect on our business, financial condition and results of operations.
We are also subject to payment card association operating rules, certification requirements and rules governing electronic funds transfers, which could change or be reinterpreted to make it more difficult for us to comply. We are required to comply with payment card industry security standards. Failing to comply with those standards may violate payment card association operating rules, federal and state laws and regulations and the terms of our contracts with payment processors. Any failure to comply fully also may subject us to fines, penalties, damages and civil liability, and may result in the loss of our ability to accept credit and debit card payments. Further, there is no guarantee that such compliance will prevent illegal or improper use of our payment systems or the theft, loss or misuse of data pertaining to credit and debit cards, card holders and transactions.
If we are unable to maintain our chargeback rate or refund rates at acceptable levels, our processing vendor may increase our transaction fees or terminate its relationship with us. Any increases in our credit and debit card fees could harm our results of operations, particularly if we elect not to raise our rates for our products to offset the increase. The termination of our ability to process payments on any major credit or debit card would significantly impair our ability to operate our business.
Failure to comply with the U.S. Foreign Corrupt Practices Act, economic and trade sanctions regulations and similar laws could subject us to penalties and other adverse consequences.
We are subject to the FCPA and similar regulations in other countries, as well as other laws in the United States and elsewhere that prohibit improper payments or offers of payments to foreign governments and their officials and political parties for the purpose of obtaining or retaining business. Certain suppliers of our product components are located in countries known to experience corruption. Business activities in these countries create the risk of unauthorized payments or offers of payments by one of our employees, contractors or agents that could be in violation of various laws, including the FCPA and anti-bribery laws in these countries, even though these parties are not always subject to our control. While we have implemented policies and procedures designed
to discourage these practices by our employees, consultants and agents and to identify and address potentially impermissible transactions under such laws and regulations, we cannot assure you that all of our employees, consultants and agents will not take actions in violation of our policies, for which we may be ultimately responsible.
We are also subject to certain economic and trade sanctions programs that are administered by the Department of Treasury’s Office of Foreign Assets Control which prohibit or restrict transactions to or from or dealings with specified countries, their governments and in certain circumstances, their nationals, and with individuals and entities that are specially designated nationals of those countries, narcotics traffickers and terrorists or terrorist organizations.
Failure to comply with any of these laws and regulations or changes in this regulatory environment, including changing interpretations and the implementation of new or varying regulatory requirements by the government, may result in significant financial penalties or reputational harm, which could adversely affect our business, financial condition and results of operations.
Our information technology systems or those used by our third-party service providers, vendors, strategic partners or other contractors or consultants, may fail or suffer security breaches and other disruptions, which could result in a material disruption of our products and services development programs, compromise sensitive information related to our business or prevent us from accessing critical information, potentially exposing us to liability or otherwise adversely affecting our business, financial condition and results of operations.
We collect and maintain information in digital form that is necessary to conduct our business, and we are increasingly dependent on information technology systems and infrastructure to operate our business, including our cloud-based infrastructure, mobile and
web-based
applications, our
platform and our enterprise software. In the ordinary course of our business, we collect, store and transmit large amounts of confidential information, including intellectual property, proprietary business information and personal information of customers and our employees and contractors. It is critical that we do so in a secure manner to maintain the confidentiality and integrity of such confidential information. We have also outsourced elements of our information technology infrastructure, and as a result a number of third-party vendors may or could have access to our confidential information. We do not conduct audits or formal evaluations of our third-party vendors’ information technology systems and cannot be sure that our third-party vendors have sufficient measures in place to ensure the security and integrity of their information technology systems and our confidential and proprietary information. If our third-party vendors fail to protect their information technology systems and our confidential and proprietary information, we may be vulnerable to disruptions in service and unauthorized access to our confidential or proprietary information and we could incur liability and reputational damage. Our internal information technology systems and those of our third-party service providers, vendors, strategic partners and other contractors or consultants are vulnerable to attack and damage or interruption from computer viruses and malware (e.g., ransomware), natural disasters, terrorism, war, telecommunication and electrical failures, hacking, cyberattacks, phishing attacks and other social engineering schemes, malicious code, employee theft or misuse, denial or degradation of service attacks, sophisticated nation-state and nation-state-supported actors or unauthorized access or use by persons inside our organization, or persons with access to systems inside our organization. The risk of a security breach or disruption, particularly through cyberattacks or cyber intrusion, including by computer hackers, foreign governments and cyber terrorists, has generally increased as the number, intensity and sophistication of attempted attacks and intrusions from around the world have increased. Russia’s invasion of Ukraine or another war of international dispute may cause a general increase in the number and severity of such malicious incidents. The costs to us to investigate and mitigate network security problems, bugs, viruses, worms, malicious software programs, ransomware, and security vulnerabilities could be significant, and while we have implemented security measures to protect our data security and information technology systems from system failure, accident and security breach, our efforts to address these problems may not be successful, and these problems could result in unexpected interruptions, delays, disruption of our development programs and
our business operations, cessation of service, negative publicity and other harm to our business and our competitive position, whether due to a loss of our trade secrets or other proprietary information or other disruptions. If we were to experience a significant cybersecurity breach of our information systems or data, the costs associated with the investigation, remediation and potential notification of the breach to counterparties and data subjects could be material. In addition, our remediation efforts may not be successful. If we do not allocate and effectively manage the resources necessary to build and sustain the proper technology and cybersecurity infrastructure, we could suffer significant business disruption, including transaction errors, supply chain or manufacturing interruptions, processing inefficiencies, data loss or the loss of or damage to intellectual property or other proprietary information. If such an event were to occur and cause interruptions in our operations, it could result in a material disruption of our development programs and our business operations, whether due to a loss, corruption or unauthorized disclosure of our trade secrets, personal information or other proprietary or sensitive information or other similar disruptions.
If a security breach or other incident were to result in the unauthorized access to or unauthorized use, disclosure, release or other processing of personal information, it may be necessary to notify individuals, governmental authorities, supervisory bodies, the media and other parties pursuant to applicable privacy and security laws. For example, the Company retains data that is subject to HIPAA, which contain specific security and notification requirements to which we must adhere. Any security compromise affecting us, our service providers, vendors, strategic partners, other contractors, consultants, or our industry, whether real or perceived, could harm our reputation, erode confidence in the effectiveness of our security measures and lead to regulatory scrutiny. To the extent that any disruption or security breach were to result in a loss of, or damage to, our data or systems, or inappropriate disclosure of confidential or proprietary or personal information, we could incur liability, including litigation exposure, penalties and fines, we could become the subject of regulatory action or investigation, our competitive position could be harmed and the further development and commercialization of our products and services could be delayed. If such an event were to occur and cause interruptions in our operations, it could result in a material disruption of our business. Furthermore, federal, state and international laws and regulations can expose us to enforcement actions and investigations by regulatory authorities, and potentially result in regulatory penalties, fines and significant legal liability, if our information technology security efforts fail. We would also be exposed to a risk of loss or litigation and potential liability, which could materially and adversely affect our business, financial condition and results of operations or prospects. Further, any losses, costs or liabilities may not be covered by, or may exceed the coverage limits of, any applicable insurance policies.
International trade disputes could result in tariffs and other protectionist measures that could have a material adverse effect on our business, financial condition and results of operations.
Tariffs could increase the cost of our products and the raw materials that go into making them. These increased costs could adversely impact the gross margin that we earn on our products. Tariffs could also make our products more expensive for customers, which could make our products less competitive and reduce consumer demand. Countries may also adopt other protectionist measures that could limit our ability to offer our products. Political uncertainty surrounding international trade disputes and protectionist measures (including as a result of the escalating conflict between Russia and Ukraine and the various sanctions and export controls being implemented by the international community against Russia) could also have a negative effect on consumer confidence and spending, which could have a material adverse effect on our business, financial condition and results of operations.
Disruptions in internet access could adversely affect our business, financial condition and results of operations.
As an online business, we are dependent on the internet and maintaining connectivity between ourselves and consumers and sources of internet traffic, such as Google. As consumers increasingly turn to mobile devices, we also become dependent on consumers’ access to the internet through mobile carriers and their systems. Disruptions in internet access, whether generally, in a specific market or otherwise, especially if widespread or
prolonged, could adversely affect our business, financial condition and results of operations. For example, the
attack against Dyn in October 2016 resulted in a service outage for several major internet companies. It is possible that we could experience an interruption in our business, and we do not carry business interruption insurance sufficient to compensate us for all losses that may occur.
Changes in the regulation of the internet could adversely affect our business.
Laws, rules and regulations governing internet communications, advertising and
are dynamic, and the extent of future government regulation is uncertain. Federal and state regulations govern various aspects of our online business, including intellectual property ownership and infringement, trade secrets, the distribution of electronic communications, marketing and advertising, user privacy and data security, search engines and internet tracking technologies. Future taxation on the use of the internet or
transactions could also be imposed. Existing or future regulation or taxation could increase our operating expenses and expose us to significant liabilities. To the extent any such regulations require us to take actions that negatively impact us, they could have a material adverse effect on our business, financial condition and results of operations.
Item 1B. Unresolved Staff Comments.
None.
Our corporate headquarters are located in San Jose, California. We leased approximately 30,000 square feet of office and laboratory space pursuant to a lease agreement which was effective as of July 30, 2018 and expired on February 28, 2022. We entered into a new lease agreement in September 2021 for approximately 30,000 square feet of office and laboratory space, which we began using as our headquarters starting in February 2022. This lease expires on June 30, 2029 and we may renew the lease term for two additional
periods.
We also lease approximately 9,327 square feet of office space, which is primarily used for our customer support operations, in Nashville, Tennessee, pursuant to a lease that expires on March 31, 2023. We believe that our existing facilities are adequate to meet our business requirements for the near-term, and that additional space will be available on commercially reasonable terms, if required.
The information required to be set forth under this Item 3 is incorporated by reference to Note 6 of the Notes to Consolidated Financial Statements included in Part II of this Annual Report on Form
Not applicable.
Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.
Market information for common stock
Our common stock is traded on the Nasdaq Global Select Market under the symbol “EAR”. Public trading of our common stock began on October 16, 2020. Prior to that, there was no public market for our common stock.
As of May 4, 2022, there were 75 holders of record of our common stock. The actual number of stockholders is greater than this number of record holders, and includes stockholders who are beneficial owners, but whose shares are held in street name by brokers and other nominees. This number of holders of record also does not include stockholders whose shares may be held in trust by other entities.
Stock performance graph
The graph below shows the cumulative total stockholder return from October 16, 2020 (the date that our common stock commenced trading) through December 31, 2021, assuming the investment of $100 and the reinvestment of any dividends in each of our common stock, the S&P Healthcare Equipment Index (SPSIHE) and the NASDAQ Composite Index (IXIC). The comparisons in the graph below are based on historical data and are not indicative of, or intended to forecast, future performance of our common stock.
We have never declared or paid, and do not anticipate declaring or paying in the foreseeable future, any cash dividends on our common stock. Any future determination as to the declaration and payment of dividends, if any, will be at the discretion of our board of directors, subject to applicable laws and will depend on then existing conditions, including our financial condition, operating results, contractual restrictions, capital requirements, business prospects, and other factors our board of directors may deem relevant.
Securities authorized for issuance under equity compensation plans
See the section titled “Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters” for information regarding securities authorized for issuance.
Use of proceeds from public offering of common stock
On October 20, 2020, we completed our initial public offering (the “IPO”) and issued 9,029,629 shares of our common stock, which includes an additional 1,177,777 shares of common stock purchased by the underwriters pursuant to their option to purchase additional shares, at an initial offering price of $18.00 per share less underwriting discounts and commissions. We received net proceeds from the IPO of approximately $148.5 million, after deducting underwriting discounts and commissions of $11.4 million and offering costs of $2.6 million. None of the expenses associated with the IPO were paid to directors, officers, persons owning 10% or more of any class of equity securities, or to their associates. J.P. Morgan Securities LLC and BofA Securities, Inc. acted as book-running managers for the IPO.
Shares of our common stock began trading on the Nasdaq Global Select Market on October 16, 2020. The offer and sale of the shares were registered under the Securities Act on a registration statement on Form
S-1
which was declared effective on October 15, 2020.
There has been no material change in the planned use of proceeds from our IPO as described in the related prospectus filed with the SEC pursuant to Rule 424(b)(4) under the Securities Act. We invested the funds received in cash equivalents and other marketable securities in accordance with our investment policy.
None.
Issuer purchases of equity securities
None.
You should read the following discussion and analysis of our financial condition and results of operations together with
our
consolidated financial statements and the related notes included in Part II, Item 8 of this Annual Report on Form
The following discussion and analysis of our financial condition and results of operations contains forward-looking statements about us and our industry that involve substantial risks, uncertainties and assumptions. All statements other than statements of historical facts contained in this item, including statements regarding factors affecting our business, trends and uncertainties, are forward-looking statements. As a result of many factors, including those factors set forth in the “Risk Factors” section of this Annual Report on Form
our actual results could differ materially from the results described in or implied by these forward-looking statements. You should carefully read the “Risk Factors” to gain an understanding of the important factors that could cause actual results to differ materially from our forward-looking statements.
We are a medical device company dedicated to improving the quality of life of people with hearing loss. We developed the Eargo solution to create a hearing aid that consumers actually want to use. Our innovative product and
go-to-market
approach address the major challenges of traditional hearing aid adoption, including social stigma, accessibility and cost.
We believe our Eargo hearing aids are the first ever virtually invisible, rechargeable,
completely-in-canal,
United States Food and Drug Administration (“FDA”) regulated, exempt Class I or Class II devices indicated to compensate for mild to moderate hearing loss. Our rapid pace of innovation is enabled by our deep industry and technical expertise across mechanical engineering, product design, audio processing, clinical and hearing science, consumer electronics and embedded software design, and is supported by our strategic intellectual property portfolio.
We market and sell our hearing aids direct to consumers with a personalized, consumer-centric approach. Our commercial organization consists of a talented marketing team with deep experience in consumer-focused brand and performance marketing, a team of inside sales consultants, and a dedicated customer support team that includes audiologists and hearing professionals. We generate revenue from orders processed primarily through our website and over the phone by our sales consultants.
We believe that our differentiated hearing aids, consumer-oriented approach and strong brand have fueled the rapid adoption of our hearing aids and high customer satisfaction, as evidenced by over 95 thousand Eargo hearing aid systems sold, net of returns, as of December 31, 2021.
For the year ended December 31, 2021, we generated net revenue of $32.1 million, a decrease of $37.0 million from the year ended December 31, 2020. The revenue decline relates to matters discussed in detail below under “—DOJ investigation and settlement and claims audits.” We have sold our products on a
basis only since December 8, 2021. We previously accepted insurance as a method of direct payment, but suspended all claims submission activities on September 22, 2021 when we learned of the investigation by the DOJ related to our role in customer reimbursement claim submissions to various federal employee health plans under the FEHB program. To date, all our revenue has been generated from customers in the United States.
Our net losses were $157.8 million, $39.9 million and $44.5 million for the years ended December 31, 2021, 2020 and 2019, respectively. As of December 31, 2021 and 2020, we had an accumulated deficit of $356.8 million and $199.1 million, respectively. We expect to continue to incur losses for the foreseeable future.
DOJ investigation and settlement and claims audits
As previously disclosed, on September 21, 2021, we were informed that we were the target of a criminal investigation by the U.S. Department of Justice (the “DOJ”) related to insurance reimbursement claims we submitted on behalf of our customers covered by various federal employee health plans under the Federal Employee Health Benefits (“FEHB”) program. The investigation also pertained to our role in customer reimbursement claim submissions to federal employee health plans (collectively, the “DOJ investigation”). Also as previously disclosed, our largest third-party payor conducted an audit of insurance reimbursement claims (“claims”) submitted by us (the “Primary Audit”), which included a review of medical records. We were informed by the third-party payor conducting the Primary Audit that the DOJ was the principal contact related to the subject matter of the Primary Audit. In addition to the Primary Audit, we have been subject to a number of other audits of insurance reimbursement claims submitted to additional third-party payors (collectively with the Primary Audit, the “claims audits”). One of these claims audits does not relate to claims submitted under the FEHB program. On January 4, 2022, the DOJ confirmed to us that the investigation had been referred to the Civil Division of the DOJ and the U.S. Attorney’s Office for the Northern District of Texas and the criminal investigation was no longer active.
On April 29, 2022, we entered into a civil settlement agreement with the U.S. government that resolved the previously disclosed DOJ investigation related to our role in customer reimbursement claim submissions to various federal employee health plans under the FEHB program. We cooperated fully with the DOJ investigation. We deny the allegations in the settlement agreement, and the settlement is not an admission of liability by us. The allegations did not pertain to the quality or performance of our product. The settlement agreement provided for our payment of approximately $34.4 million to the U.S. government and resolved allegations that we submitted or caused the submission of claims for payment to the FEHB program using unsupported hearing loss-related diagnostic codes.
The settlement with the U.S. government may not resolve all of the audits of insurance reimbursement claims by the various third-party payors, and additionally we remain subject to a prepayment review of claims by the payor who conducted the Primary Audit. We will need to work with the government (including the OPM) and third-party payors to potentially validate and establish processes to support any future claims that we may submit for reimbursement, and there are no guarantees that we will be able to arrive at any such acceptable processes or submit any future claims. We do not intend to submit any claims through the FEHB program until we are able to align with the OPM on and establish processes for supporting the submission of these claims.
From the time we learned of the DOJ investigation and until December 8, 2021, we continued to process orders for customers with potential insurance benefits (including FEHB program members) but suspended all claims submission activities and offered affected customers (
, customers using insurance benefits as a method of direct payment for transactions prior to December 8, 2021) the option to return their hearing aids or purchase their hearing aids without the use of their insurance benefits in case their claim is denied or ultimately not submitted by us to their insurance plan for payment (the “extended right of return”).
Beginning on December 8, 2021, we made the decision to stop accepting insurance benefits as a method of direct payment and it is uncertain when, if ever, we will resume accepting insurance benefits as a method of direct payment. While we intend to work with the government and third-party payors at the appropriate time with the objective of validating and establishing processes to support any future claims that we may submit for reimbursement, we may not be able to arrive at acceptable processes or submit any future claims.
During the year ended December 31, 2021, we shipped 45,136 gross hearing aid systems, approximately 44% of which were to customers with potential insurance coverage. Total life-to-date payments we have received through December 31, 2021 from the government in relation to claims submitted under the FEHB program, net of any product returns and associated refunds, were approximately $44 million. As discussed further in Note 6 to the Consolidated Financial Statements included in this Annual Report on Form
the settlement amount of $34.4 million was recorded as a reduction in revenue during the year ended December 31, 2021.
We determined that customer transactions using insurance benefits as a method of direct payment occurring subsequent to learning of the DOJ investigation on September 21, 2021 did not meet the criteria for revenue recognition under ASC 606. As such, we did not recognize revenue for shipments to customers with potential insurance benefits, substantially all of whom were covered under the FEHB program, subsequent to that date.
We estimate that a majority of customers with unsubmitted claims as of December 31, 2021 will choose to return the hearing aid system if their insurance provider denies their claim or the claim is ultimately not submitted by us for payment, resulting in an increase in expected product returns from such transactions that occurred prior to September 21, 2021. As a result, we recorded $13.3 million of estimated sales returns as a reduction in revenue in the third quarter of 2021 related to shipments to customers with potential insurance benefits. This has had a negative impact on our revenues for the year ended December 31, 2021 and resulted in an increase in our sales returns reserve. Of the $13.8 million sales returns reserve recorded as of December 31, 2021, $11.4 million relates to unsubmitted claims that are included in accounts receivable, net. Returns associated with unsubmitted claims will reduce the sales returns reserve, with a corresponding reduction in the related accounts receivable at the time the product is returned.
Further, we also estimate that, in addition to the customers who choose to return their hearing aid systems, a significant number of customers whose claims are denied by insurance providers or not submitted by us for payment may not pay for or return the hearing aid system. The $9.6 million in bad debt expense recorded during the year ended December 31, 2021 is primarily based on this estimate and has had a negative impact on our operating results for the year ended December 31, 2021. Of the $9.6 million recorded to bad debt expense during the year ended December 31, 2021, $5.8 million relates to submitted claims that have been denied or have not been paid and was written off during the year ended December 31, 2021.
Notwithstanding the settlement, we remain subject to prepayment review of claims by our largest third-party payor before any insurance payments are made. We do not intend to submit any claims through the FEHB program until we are able to align with the Office of Personnel Management (the “OPM”) on and establish processes for supporting the submission of these claims, and we may be unable to do so.
On January 5, 2022, the U.S. District Court for the Northern District of California consolidated three purported securities class actions brought against the Company (the “Securities Class Action”). While the lead plaintiffs have not yet filed a consolidated amended complaint, the complaints of the individual lawsuits filed prior to the consolidation generally alleged that certain of the Company’s disclosures about its business, operations and prospects, including reimbursements from third-party payors, violated federal securities laws. On December 3, 2021, a putative stockholder filed a derivative complaint purportedly on the Company’s behalf against members of the Company’s Board of Directors and the Company as nominal defendant (the “Derivative Action”), alleging (among other things) that the defendants breached their fiduciary duties by allegedly failing to implement and maintain an effective system of internal controls related to the Company’s financial reporting, public disclosures, and compliance with laws, rules, and regulations governing the business. See Note 6 of the Notes to Consolidated Financial Statements included in this Annual Report on Form
for more information.
As a result of the uncertainty created by the DOJ investigation and the claims audits, we took certain actions including, but not limited to:
•
We suspended our practice of granting equity awards, except for new restricted stock unit grants that we have the option to settle in cash at the time of vesting, suspended our 2020 Employee Stock Purchase Plan (“ESPP”) and deferred the settlement of outstanding restricted stock units (“RSUs”), in each case effective as of November 9, 2021 (collectively, the “employee equity actions”).
•
Our Board of Directors suspended the
non-employee
director compensation program with respect to the option awards that would otherwise have been awarded to
non-employee
directors automatically on the date of our annual meeting of stockholders held on November 9, 2021.
•
On December 7, 2021, we announced a plan to reduce our employee workforce to streamline our organization in response to declines in customer orders since we announced the investigation of the Company by the DOJ. We substantially completed the employee workforce reduction during the fourth quarter of 2021, resulting in a reduction of approximately 27% of our employee workforce, or approximately 90 people.
As a result of the DOJ investigation and the various claims audits, we were not able to timely file our Quarterly Report on Form
for the three months ended September 30, 2021 (our “Q3
10-Q”)
or this Annual Report on Form
for the year ended December 31, 2021. On November 16, 2021, we filed a Form
notifying the SEC that we would be unable to timely file our
On November 18, 2021, we were notified by the Nasdaq Stock Market LLC (“Nasdaq”) that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing our
with the SEC. In accordance with Nasdaq Listing Rules, we submitted a plan to regain compliance. Nasdaq granted us an exception of up to 180 calendar days from the
original filing due date, or until May 16, 2022, to regain compliance. On March 2, 2022, we filed a Form
notifying the SEC that we would be unable to timely file this Annual Report on Form
for the year ended December 31, 2021. On March 4, 2022, we were notified again by Nasdaq that we were not in compliance with Nasdaq Listing Rule 5250(c)(1) for continued listing as a result of the delay in filing this Annual Report on Form
As a result, we submitted to Nasdaq an update to our original plan to regain compliance. Nasdaq’s notification dated March 4, 2022 indicated that any additional exception to allow us to regain compliance with all untimely filings will be limited to a maximum of 180 calendar days from the due date of our Q3
or May 16, 2022.
On May 11, 2022, we filed a Form 12b-25 notifying the SEC that we would be unable to timely file our Quarterly Report on Form 10-Q for the three months ended March 31, 2022 (our “Q1 2022 10-Q”). On May 12, 2022, we received a letter from Nasdaq notifying us that because we remain delinquent in filing our Q3 10-Q and Annual Report on Form 10-K, and, in addition, because we are delinquent in filing our Q1 2022 10-Q, we had not regained compliance and will not meet the terms of the exception. The letter indicated that our securities would be subject to delisting on May 23, 2022 as a result of our non-compliance, unless on or before May 19, 2022 we request a hearing before the Nasdaq Hearings Panel and request an extended stay of suspension or delisting. We intend to timely request a hearing before the Nasdaq Hearings Panel, at which hearing we will present our plan to regain compliance and request the continued listing of our securities on Nasdaq pending our return to compliance. Such request would automatically stay any suspension or delisting action by Nasdaq for a period of 15 days from the date of our request. The stay could be extended at the option of the Nasdaq Hearings Panel upon our request and support of such extension, and we intend to ask the Nasdaq Hearings Panel for a further stay concurrent with our request for a hearing and pending the ultimate conclusion of the hearing process.
Factors affecting our business
We believe that our future performance will depend on many factors, including those described below and in the section titled “Risk Factors” included elsewhere in this Annual Report on Form
Efficient acquisition of new customers
We have spent significant amounts on sales and marketing designed to build a strong brand, achieve broad awareness of our Eargo system, acquire new customers and convert sales leads. Since our public disclosure of the DOJ investigation on September 22, 2021 and our related decision to stop accepting insurance benefits as a method of direct payment, we have experienced and may continue to experience a material decline in gross systems shipped.
Beginning on December 8, 2021, as a result of the DOJ investigation and claims audits (as further described in “—DOJ investigation and settlement and claims audits”) we do not currently accept insurance as a direct method of payment, and all sales from such date are considered by us to be
“cash-pay,”
which includes upfront payment, credit card, third-party financing, and distributor payment. We have refocused our sales and marketing efforts and related spend to prioritize conversion of
consumer leads into satisfied customers. While we intend
to work with the government and third-party payors at the appropriate time with the objective of validating and establishing the process to support any future claims that we may submit for reimbursement, we may not be able to arrive at an acceptable process or submit any future claims. The shift to a model that excludes insurance as a direct method of payment will likely result in a sustained increased cost of customer acquisition and require significant sales and marketing investments, based on the historically lower conversion rate for
customers as compared to customers with potential insurance benefits. Further, the exclusion of insurance as a direct payment method may also necessitate identifying commercial partnerships, omni-channel, including retail, or other opportunities, as well as the potential implementation of cost-savings measures, in order to drive cost-efficient
customer acquisition and offset the significantly higher return rates as well as the related negative impact on revenue and gross margin historically applicable to
customers.
Changes to the regulatory landscape
Hearing aids are considered medical devices subject to regulation by the FDA. We currently market our products pursuant to the FDA regulatory framework for
air-conduction
hearing aids, which are classified as Class I or Class II devices exempt from premarket review procedures. In addition, while applicable FDA regulations establish certain “conditions for sale” of all hearing aids, including that prospective hearing aid users must have a medical evaluation by a licensed physician within the six months prior to hearing aid dispensation or sign a waiver of medical evaluation, the FDA has stated that it does not intend to enforce these medical evaluation and waiver requirements prior to the dispensing of Class I
air-conduction
and Class II wireless
air-conduction
hearing aids to individuals 18 years of age and older. Accordingly, while we are required to comply with other FDA requirements, including specific hearing aid labeling requirements and provision of a User Instructional Brochure, our products have not been reviewed by the FDA and are not dispensed by licensed physicians.
The regulatory landscape for hearing aid devices has been subject to recent changes that may alter or increase our requirements for regulatory compliance. The FDA Reauthorization Act of 2017 (“FDARA”) set forth a process to create a new category of OTC hearing aids that are intended to be available without supervision, prescription, or other order, involvement or intervention of a licensed practitioner. The language in FDARA is not self-implementing, and on October 20, 2021, the FDA published the Proposed Rule to establish new regulatory categories for OTC and prescription hearing aids.
The Proposed Rule also includes revised requirements for labeling, conditions for sale, performance standards and other provisions applicable to either OTC or prescription hearing aids, or both. Under the Proposed Rule, devices that require 510(k) clearance to come into compliance with the new requirements would need to be cleared by the effective date of the Final Rule to continue marketing. For all other currently marketed devices, the proposed compliance date is 180 days after the effective date of the Final Rule (240 days after the publication of the Final Rule).
We market the Eargo system devices as Class I
air-conduction
air-conduction
hearing aids, both of which are exempt from 510(k) premarket review. Our hearing aids may be marketed under the current FDA framework during the FDA’s rulemaking proceeding. However, we cannot know to what extent the Final Rule may differ from the Proposed Rule. Once the FDA issues a Final Rule, we will need to expend time and resources evaluating the Final Rule and ensuring that our devices and processes come into compliance with the new requirements in order to market our products in line with our primary
business and omni-channel models in the future. It is possible that a finalized regulatory framework for OTC hearing aids may lead to additional commercial partnership, omni-channel, including retail, or other opportunities, although there are no assurances that it will do so. The Final Rule and the responses thereto by leading insurance providers could also materially impact our efforts to resume submitting claims for customers with potential insurance benefits or have other unforeseen impacts on our business and results of operations.
Please see the Risk Factor titled, “Changes in the regulatory landscape for hearing aid devices could render our
business model contrary to applicable regulatory requirements, and we may be required to seek additional clearance or approval for our products” for more information.
Third-party payors
A significant portion of our revenue has historically been dependent on payments from third-party payors; for example, in the year ended December 31, 2021, 44% of total gross systems shipped were to customers with potential insurance coverage. Historically, we submitted claims on behalf of our customers to a concentrated number of third-party payors under certain benefit plans, and substantially all such claims related to the FEHB program.
As described in Note 2 of the Notes to Consolidated Financial Statements included in this Annual Report on Form
approximately 93% and 74% of our gross accounts receivable as of December 31, 2021 and 2020, respectively, were for customers with potential insurance benefits, substantially all of whom were covered under the FEHB program. Furthermore, approximately 90% and 45% of our gross accounts receivable as of December 31, 2021 and 2020, respectively, were related to shipments of Eargo hearing aids to customers insured under a single insurance plan whose claims are processed through our largest third-party payor, which conducted the Primary Audit. The increase in gross accounts receivable as of December 31, 2021 was primarily due to the Primary Audit, during which certain claims with a service date after March 1, 2021 have not yet and may never be submitted by us for reimbursement. We remain subject to a prepayment review of claims by the payor who conducted the Primary Audit. Additionally, we are subject to a number of other ongoing audits of insurance reimbursement claims. One of these claims audits does not relate to claims submitted under the FEHB program. During the claims audits, the third-party payors (including our largest third-party payor) conducting such claims audits have generally suspended payments for, and in some cases denied, claims we submitted on behalf of customers, other than one third-party payor that has continued to process claims for payment throughout its ongoing audit.
We recorded a sales returns reserve of $13.8 million as of December 31, 2021, largely related to our estimate that a majority of customers with unsubmitted claims will choose to return the hearing aid system if their insurance provider denies their claim or the claim is ultimately not submitted by us for payment. We recorded an allowance for credit losses of $4.8 million as of December 31, 2021, primarily related to insurance claims receivable due from third-party payors and
as we estimate that, in addition to the customers who choose to return their hearing aid systems, a significant number of customers with an extended right of return and claims that have not yet and may never be submitted by us for payment may not pay for or return the hearing aid system.
While we intend to work with the government and third-party payors at the appropriate time with the objective of validating and establishing processes to support any future claims that we may submit for reimbursement, we may not be able to arrive at acceptable processes or submit any future claims. For example, we do not currently conduct
hearing tests, as they run counter to our primary
business and omni-channel models. If such processes were to require
hearing tests, we may not be able to efficiently or effectively integrate such tests into our operating model. In light of the DOJ investigations, claims audits and pending OTC hearing aids regulatory framework, we may need to make significant changes to our business and operating model, including a potential long-term shift to a model that excludes insurance as a direct method of payment, which would likely result in a sustained increased cost of customer acquisition and require identification of commercial partnership, omni-channel, including retail, or other opportunities, to drive cost efficient acquisition of
customers.
See “—DOJ investigation and settlement and claims audits” for more information. Please see the Risk Factors titled, “We are subject to risks from legal proceedings, investigations, and inquiries, including a number of recent legal proceedings and investigations, which have had and could continue to have a material adverse effect on our reputation, business, financial condition, cash flows and results of operations, and could result in additional claims and material liabilities,” and “We face considerable uncertainty in our business prospects, as a significant portion of our revenue has historically been dependent upon reimbursement from third-party payors participating in the FEHB program but we have operated on a “cash pay” only basis since December 8, 2021. Following the civil settlement with the U.S. government on April 29, 2022, we may be unsuccessful in validating and establishing processes to support the submission of claims for reimbursement from third-party payors participating in the FEHB program in
the future. As a result, we have faced a significant reduction in revenue and any failure to establish processes to support reimbursement from third-party payors in the future may significantly and adversely impact our business and growth prospects and our ability to sell our products.”
Our return policy generally allows our customers to return hearing aids for any reason within the first 45 days of delivery for a full refund, subject to a handling fee in certain states, and can be extended under certain circumstances, including the extended right of return offered for shipments involving insurance payors. Historically, the most commonly cited reason for returning our hearing aids is unsatisfactory fit, which we believe is a byproduct of our
model and online distribution that results in nearly all of our customers ordering our product without trying it first. In addition to unsatisfactory fit, the next most cited reason for returns is that our hearing aids do not provide sufficient audio amplification.
We report revenue net of expected returns, which is an estimate informed in part by historical return rates. As such, our returns rate impacts our reported net revenue and gross profit. Sales returns rates, as defined under “—Key business metrics,” increased from 26% for the year ended December 31, 2020 to 32% for the year ended December 31, 2021, primarily due to our sales returns rate of 46% in the third quarter of 2021, which was driven by our estimate that a majority of customers with unsubmitted claims related to products shipped during the third quarter of 2021 will choose to return the hearing aid system if their insurer denies their claim or the claim is ultimately not submitted by us for payment.
Our technical capabilities and commitment to innovation have allowed us to deliver product enhancements on a rapid development timeline and support a compelling new product roadmap that we believe will continue to differentiate our competitive position over the next several years. With the full commercial launch of the Eargo 5 in July 2021 and the launch of Eargo 6 in January 2022, we have now launched six generations of our hearing aids since 2017, with each iteration having increased functionality and improved sound quality, amplification, noise reduction, physical fit, comfort, water resistance and
ease-of-use,
as well as reduced costs of goods and better connectivity. We are focused on continuing to launch new versions of the Eargo hearing aid devices that further improve these attributes. We believe that the continued introduction of new products is critical to maintaining existing customers, attracting new customers, achieving market acceptance of our products and maintaining or increasing our competitive position in the market.
We expect to continue refining and improving Eargo hearing aids, and we have the intention of an approximate annual cadence of new product launches. To this end, we are working on the development of a cost-conscious offering as well as the next Eargo hearing aid model with improved functionality. Accordingly, we expect to continue to invest in research and development to support new product introductions. In connection with our product innovation and iteration, we also need to successfully manage our product transitions to avoid delays in customer purchases, excess or obsolete inventory and increased returns as customers wait for our new products to become available. Our development priorities are focused, in part, on expanding refurbishment capability for returned hearing aids. Our refurbishment capabilities include full refurbishment, conversion, and components, and allow us to refurbish and resell or reuse certain returned devices.
Recruitment and retention of personnel
Our success depends in part upon our continued ability to recruit, retain and motivate high-quality employees, including management, administrative, our clinical and scientific personnel and our direct sales force (among others), and competition for qualified personnel can be intense due to the limited number of individuals possessing the requisite training, skill and experience we require. As a result of uncertainty created by the DOJ investigation and the claims audits, we suspended our practice of granting equity awards (except for new
restricted stock unit grants that the Company has the option to settle in cash at the time of vesting), suspended our employee stock purchase plan and deferred the settlement of outstanding restricted stock units, in each case effective as of November 9, 2021. In addition, on December 7, 2021, we announced a plan to reduce our employee workforce to streamline our organization in response to declines in customer orders since we announced the DOJ investigation. We substantially completed the employee workforce reduction during the fourth quarter of 2021, resulting in a reduction of approximately 27% of our employee workforce, or approximately 90 people. Both the suspension of equity awards and reduction in workforce, in addition to any negative perceptions of employment with us as a result of the DOJ investigation, the settlement with the U.S. government, and the claims audits, could continue to adversely affect employee morale and have a material adverse impact on our ability to recruit, retain and motivate the high-quality employees critical to our operations, which in turn could have a material adverse effect on our business, results of operations and financial condition.
We believe the
pandemic has accelerated the pace of consumer awareness of our vertically integrated telecare model and has facilitated customer adoption of the same.
Shelter-in-place
restrictions and increased reluctance of consumers to conduct
activities, particularly among older individuals that comprise a majority of the population needing hearing aids has resulted in increased knowledge of our business and sales. We cannot be sure this trend will continue.
Although we believe the
pandemic has largely resulted in favorable trends for our business, we have experienced business disruptions, particularly at our California headquarters, where a majority of our employees have been working remotely (which we permitted as an accommodation to our employees despite the fact that we were never required to close our facilities because we were deemed to have an essential workforce under the relevant California
measures). Moreover, travel restrictions, factory closures and disruptions in global supply chains have resulted in industry-wide component supply shortages (such as in semiconductors), and we may not be able to obtain adequate inventory on a timely basis or at all. To date, increases in component pricing have occurred but have not had a material impact on supply continuity. We have taken steps to monitor our supply chain and actions to address limited supply and increasing lead times, including outreach to critical suppliers and spot market purchases. While we have not been impacted by any disruptions to our supply chain that have impacted our ability to service customers or access to necessary raw materials and component parts for the manufacture of our products to date, disruptions have occurred across a number of industries and we cannot provide any assurance that future disruptions will not emerge as a result of the ongoing supply chain issues, inflation, the
pandemic or other extrinsic factors. Future disruptions in our supply chain, including the sourcing of certain components and raw materials, such as semiconductor and memory chips, as well as increased logistics costs, could impact our sales and gross margins.
To analyze our business performance, determine financial forecasts and help develop long-term strategic plans, we review the following key business metrics, each of which is an important measure that represents the state of our business:
•
Gross systems shipped
. We define our gross systems shipped as the number of hearing aid systems shipped during the period. However, we have not recorded revenue and related sales returns reserve for approximately 670 shipments of Eargo hearing aid systems to customers with potential insurance benefits during the three months ended September 30, 2021 but subsequent to learning of the DOJ investigation, and approximately 1,560 of such shipments during the three months ended December 31, 2021. Since our public disclosure of the DOJ investigation on September 22, 2021 and our related decision to stop accepting insurance benefits as a method of direct payment, we have experienced and may continue to experience a material decline in gross systems shipped. Continued negative publicity, including in relation to the DOJ investigation, the claims audits, and other legal proceedings could
further harm our reputation and lead to a further decline in gross systems shipped. See “—DOJ investigation and settlement and claims audits” and “—Factors affecting our business.”
•
. Sales returns rates are determined by management at the end of each reporting period to estimate the percentage of products for which we have recorded revenue during that period that are expected to be returned. This determination is informed in part by historical actual return rates. Sales returns rates do not represent actual returns during a period as customers may return the product for a period of time that can extend beyond the period end, which can result in a hearing aid being returned after the period in which the revenue from its sale was recognized. If actual returns differ from the sales returns rate determined at period end or new factors arise, indicating a rate of return that is different from the original estimated sales returns rate, revenue is adjusted in subsequent periods to reflect the actual returns made. Such an adjustment to revenue is not included in the sales returns rates disclosed in the table below. The sales returns rate of 46% for the three months ended September 30, 2021 and the sales returns rate of 32% for the year ended December 31, 2021 do not include the impact of the $5.1 million of estimated sales returns recorded as a reduction in revenue in the third quarter of 2021 with respect to unsubmitted claims from transactions that occurred during the first and second quarters of 2021. See “—DOJ investigation and settlement and claims audits” and “—Factors affecting our business” and “—Critical accounting estimates—Revenue recognition—sales returns rate.”
The following table details the number of gross systems shipped and sales returns rates for the periods presented below:
Three months ended
March 31,
June 30,
September 30,
December 31,
March 31,
June 30,
September 30,
December 31,
Gross systems shipped
During the three and twelve months ended December 31, 2021, the Company shipped 7,767 and 45,136 gross hearing aid systems, respectively, approximately 20% and 44% of which, respectively, were to customers with potential insurance coverage.
We believe these key business metrics provide useful information to help investors understand and evaluate our business performance. Gross systems shipped is a key measure of sales volume, which drives potential revenue, while sales returns rates are an indicator of expected reductions to revenue and an indicator of change in customer mix and factors affecting the returns rates by customer type. However, as discussed elsewhere in this report, our sales volume, sales returns rate and revenue during the current year were not consistent with the prior year as a result of the DOJ investigation and settlement and claims audits. See “—DOJ investigation and settlement and claims audits.”
Due to the historically higher return rate for
customers as compared to insurance customers, we expect that revenue, gross profit and gross margin may remain depressed as compared to prior periods for so long as we are unable to accept insurance benefits as a direct method of payment.
Components of our results of operations
See the discussion under “—DOJ investigation and settlement and claims audits,” which describes a variety of circumstances currently affecting our business and results of operations, and which require that we continually evaluate and adapt our business model and expenditures as new information becomes available.
We generate revenue from the sale of Eargo hearing aid systems, accessories and, to a lesser extent, sales of extended warranties, with the majority of our revenue coming from sales of our Eargo hearing aid systems.
Following the launch of Eargo 6 in January 2022, we currently offer four versions of our hearing aid systems, the Eargo Max, the Eargo Neo HiFi, the Eargo 5, and the Eargo 6, each at different price points, and we periodically offer discounts and promotions, including holiday promotions. For product sales, control is transferred upon shipment to the customer. We report revenue net of consideration payable to customers and expected returns, which is an estimate informed in part by historical return rates.
As described in more detail in “—DOJ investigation and settlement and claims audits,” we did not recognize revenue for shipments after September 21, 2021 for customers with potential insurance benefits, substantially all of whom were covered under the FEHB program. Further, we estimated that a majority of customers with unsubmitted claims will choose to return the hearing aid system if their insurance provider denies their claim or the claim is ultimately not submitted by us for payment, resulting in a higher sales returns rate in the current year than in the prior year and an increase in expected returns with respect to unsubmitted claims from such transactions occurring during the first and second quarters of 2021. The $34.4 million settlement amount associated with the DOJ investigation was recorded as a reduction of revenue during the year ended December 31, 2021.
Since learning of the DOJ investigation, we have suspended all insurance claims submissions and, beginning on December 8, 2021, do not currently accept insurance as a direct method of payment. Instead, we are currently focused on
customers, which includes upfront payment, credit card, third-party financing and distributor payment. Historically,
customers have had significantly higher return rates than customers with potential insurance benefits, and therefore the current shift to
only sales may adversely impact revenue, net.
Cost of revenue and gross margin
Cost of revenue consists of expenses associated with the cost of finished goods, freight, personnel costs, consumables, product warranty costs, transaction fees, reserves for excess and obsolete inventory, depreciation and amortization, and related overhead.
Our gross margin has been and will continue to be affected by a variety of factors, including sales volumes, product mix, channel mix, pricing strategies, sales returns rates, costs of finished goods, product warranty claim rates and refurbishment strategies, and our ability to service insurance customers in the future and any potential actions insurance providers may take following the anticipated implementation of a pending OTC hearing aid regulatory framework that may limit our ability to access insurance coverage (which OTC framework may also generally result in additional compliance or other regulatory requirements for Eargo).
Our gross margin has been negatively impacted by the $34.4 million settlement amount associated with the DOJ investigation. Our gross margin was also negatively impacted by an expected increase in sales returns from insurance customers with unsubmitted claims, which customers have historically had a significantly lower rate of return than
customers. Additionally, we incurred costs associated with shipments subsequent to September 21, 2021 and through December 8, 2021 to customers with potential insurance benefits for which there was no revenue recognition in the third and fourth quarters of 2021 (see “—DOJ investigation and settlement and claims audits”). We expect our gross margin to remain depressed for so long as we are unable to accept insurance benefits as a direct method of payment unless we can successfully target and convert new customers with a similarly low rate of return.
Research and development expenses
Research and development (“R&D”) expenses, consist primarily of engineering and product development costs to develop and support our products, regulatory expenses,
non-recurring
engineering and other costs associated with products and technologies that are in development, as well as related overhead costs. These expenses include personnel-related costs, including salaries and stock-based compensation, supplies, consulting fees,
prototyping, testing, materials, travel expenses, depreciation and allocated facility overhead costs. Additionally, R&D expenses include internal and external costs associated with our regulatory compliance and quality assurance functions, and related overhead costs. The uncertainty regarding the anticipated implementation of a pending OTC hearing aid regulatory framework will require that we evaluate our R&D expenses as new information becomes available.
Sales and marketing expenses
Our sales and marketing expenses are the largest component of our operating expenses and consist primarily of personnel-related costs, including salaries and stock-based compensation, direct and channel marketing, advertising and promotional expenses, consulting fees, public relations costs and allocated facility overhead costs. Sales and marketing personnel include our inside sales consultants, hearing professionals, marketing professionals and related support personnel. We expect our sales and marketing expenses to fluctuate over time as a percentage of revenue. In response to the factors discussed in “—DOJ investigation and settlement and claims audits,” we have reduced sales and marketing resources that were previously focused on insurance customers to prioritize the conversion of
consumers into satisfied customers, including as part of the reduction in force announced on December 8, 2021.
General and administrative expenses
Our general and administrative expenses consist primarily of compensation for executive, finance, legal, information technology and administrative personnel, including stock-based compensation. Other significant expenses include professional fees for legal and accounting services, consulting fees, recruiting fees, information technology costs, corporate insurance, bad debt expense, general corporate expenses and allocated facility overhead costs.
Excluding the costs associated with the DOJ investigation, we expect our general and administrative expenses will increase in absolute dollars in future periods as a result of operating as a public company, including expenses related to compliance with the rules and regulations of the SEC, and those of the Nasdaq Stock Market, additional insurance costs, investor relations activities and other administrative and professional services, as well as professional service and legal fees and expenses related to shareholder litigation that has been filed and that may be filed in the future.
Interest income consists of interest earned on cash and cash equivalents.
Interest expense
Interest expense consists of interest related to borrowings under our debt obligations and our convertible promissory notes prior to their redemption in July 2020.
Other income (expense), net
Other income (expense), net consists primarily of adjustments to the fair value of embedded derivatives associated with certain redemption features of our convertible promissory notes prior to their redemption in July 2020 and adjustments to the fair value of our convertible preferred stock warrant liabilities prior to their reclassification to additional
paid-in
capital upon the closing of our IPO in October 2020.
Loss on extinguishment of debt
The loss on extinguishment of debt arose on the redemption of our convertible promissory notes (“2020 Notes”) into shares of our Series E convertible preferred stock in July 2020.
Income tax provision
We use the asset and liability method to account for income taxes. Under this method, deferred tax assets and liabilities are determined based on differences between the financial statement carrying amounts of existing assets and liabilities and their tax bases. Deferred tax assets and liabilities are measured using enacted tax rates applied to taxable income in the years in which those temporary differences are expected to be recovered or settled. A valuation allowance is established when necessary to reduce deferred tax assets to the amount expected to be realized. Due to our historical operating performance and our recorded cumulative net losses in prior fiscal periods, our net deferred tax assets have been fully offset by a valuation allowance.
Financial statement effects of uncertain tax positions are recognized when it is
based on the technical merits of the position, that it will be sustained upon examination. Interest and penalties related to unrecognized tax benefits are included within the provision for income tax.
Results of operations
Comparison of the years ended December 31, 2021 and 2020
In 2021, we made significant investments in R&D, sales and marketing and general and administrative functions of the business. However, as discussed further in the description of these functions above, as a result of the DOJ investigation and claims audits (as further described in “—DOJ investigations and settlement and claims audits”), we shifted to limit our costs, conducted a reduction in force and took other precautionary measures to preserve capital and liquidity. As a result, the following comparison of the 2021 and 2020 fiscal years reflect a trend of increasing expenditures to drive growth in our business; however, in response to the uncertainties arising in connection with the DOJ investigation and settlement and claims audits, the trend of rising expenditures began to moderate during the latter portion of our fourth quarter due to the implementation of capital and liquidity preservation measures.
Year ended
December 31,
(dollars in thousands)
%
Cost of revenue
Operating expenses:
Research and development
Sales and marketing
General and administrative
Total operating expenses
Loss from operations
Other income (expense), net:
Interest expense
Other income (expense), net
— (1,474 ) 1,474 (100.0 )
Loss on extinguishment of debt
— (1,627 ) 1,627 (100.0 )
Total other income (expense), net
Loss before income taxes
Income tax provision
— — — —
Net loss and comprehensive loss
Year ended
December 31,
(dollars in thousands)
%
Our gross systems shipped during 2021 were 45,136, compared to 38,243 in 2020. The increase in shipment volume was largely driven by a continued expansion in national marketing efforts and customer adoption of our telecare model. However, revenue, which is reported net of consideration payable to customers and expected returns, decreased by $37.0 million, or 53.6%, from $69.2 million during the year ended December 31, 2020 to $32.1 million during the year ended December 31, 2021.
The $34.4 million settlement amount associated with the DOJ investigation was recorded as a reduction in revenue during the year ended December 31, 2021. Additionally, we estimated that a majority of customers with unsubmitted claims will choose to return the hearing aid system if their insurance provider denies their claim or the claim is ultimately not submitted by us for payment, resulting in an increase in expected product returns from such transactions that occurred prior to September 21, 2021. As a result, we recorded $13.3 million of estimated sales returns as a reduction in revenue in the third quarter of 2021 related to shipments to customers with potential insurance benefits.
Further, we did not recognize revenue and related sales returns reserve on approximately 2,230 Eargo hearing aid systems shipped during third and fourth quarters of 2021 subsequent to learning of the DOJ investigation, as these transactions did not meet the criteria for revenue recognition under ASC 606. We recognized revenue on approximately 42,910 Eargo hearing aid systems shipped to customers during 2021, a 12.2% increase compared to the 38,243 Eargo hearing aid systems for which revenue was recognized during 2020. The impact on revenue from an increase in the volume of shipments was offset by the $34.4 million settlement amount, the increase in expected returns from customers with potential insurance benefits and with unsubmitted claims as of December 31, 2021, and by the hearing aid systems shipped for which we did not recognize revenue.
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Rachel Krider | Rachel Krider is a successful entrepreneur with a passion for helping others exceed through personal development.
“There is a lesson in every opportunity. You just have to be open to receive it!”
Rachel Krider is a public speaker, success coach, world traveler and mom. She is passionate about personal development and how it can transform every aspect of a person’s life. She knows it’s true because Rachel herself has done it!
Rachel Krider is an eternal student of self-education and attributes every level of her success to this investment. A true rags to riches story, she dropped out of high school and was struggling financially, but was determined to be successful. When a friend gifted her James Redfield’s psychological and spiritual novel “The Celestine Prophecy,” Rachel had an awakening and was inspired to pursue a career in the personal development business. Rachel continually worked on herself, realigned her mindset, got focused, improved her work ethic, never gave up, and continued to read as many personal development and self-help books she could get her hands on.
In addition to “The Celestine Prophecy,” Rachel Krider is particularly fond of Jim Rohn’s “7 Strategies for Wealth & Happiness” and Napoleon Hill’s “Think & Grow Rich.” Other personal development authors she enjoys include Bob Proctor, James Redfield, Louise Hay, Oprah Winfrey, and Brian Tracy. With persistence and determination, Rachel learned from these successful people, and she turned her life around. Now, it’s AMAZING!
Rachel Krider always had an entrepreneurial spirit. However, the pairing of her passions with reading personal development books and succeeding in business led to astronomical success. Backed by her sales and marketing expertise, Rachel launched a business within the personal development industry and became a millionaire by 34. She’s since created wealth in every facet of her life.
Today Rachel and her husband Shane Krider, a fellow personal development coach, travel the world in luxury to speak about personal development and entrepreneurship. Other than traveling, Rachel and her husband created the Born to Prosper and Prosperity of Life networks, which has grown into a community of committed and empowered people. As the co-host of Born to Prosper’s “Mind Power” podcast, Rachel Krider provides entrepreneurship, self-help, personal development and success advice to her weekly podcast listeners so she can help uplift the spirits of men and women who are in the same position as she once was.
In addition to Mind Power, Rachel Krider and her husband recently launched “The Industry Insider,” which is a new show that will deliver valuable content for entrepreneurs. From practical business tips to personal development mindset coaching, this podcast is suitable for business owners or anyone who is looking to manage their daily life, including their job or even parental responsibilities, with more of an entrepreneurial approach.
Rachel Krider believes that what you believe, you can achieve. You really can design the life you want! She did, and now she finds joy and fulfillment helping others reach their success goals.
“I don’t want to look back and have regrets for things that I was too scared or too lazy to act on. One will either have the pain of discipline or the pain of regret.”
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It may seem unconventional to begin a race recap with an apology, but in this scenario it seems appropriate. After too many races in a row with weather near or above 100 degrees, I prayed to every deity and supernatural force I know of to influence the forecast down to a reasonable temperature. In what became an obnoxious overcorrection, Ironman Wisconsin on September 11, 2022 was anything but hot.
Ironman Wisconsin 70.3 kicked off the day before, with a cool morning and warming temperatures into the early afternoon as most athletes crossed the finish line. As the day progressed, the air temperature dropped by the hour and dark clouds filled the sky. The rainfall began Saturday evening and would not stop until long after the last athlete entered the finishers’ chute after midnight on Monday.
I arrived in transition shortly after 5:15am on race morning, placed my bottles on my bike, and made my way into the Monona Terrace. For those unfamiliar with Ironman Wisconsin, it features a unique set-up where athletes enter a building between segments to find the transitions inside ballrooms, with gender separated changing rooms just off where the run and bike bags are stored. The scene inside the terrace looked like any Wisconsin race in the past, with athletes lining the hallways and edges of the ballrooms stretching, eating, and putting on their wetsuits.
To avoid overheating early in most races, I usually delay pulling the top of my wetsuit on until I’m closer to the swim start, but in this case, I was happy to have the added warmth of the full suit as I joined the herd walking through the cold rain down to the swim start. It was still dark as I walked down, and the ground was already muddy and slick. I pushed my way through the crowd to the appropriate self-seeded speed group and before I knew it, I was in the water.
The swim this year featured a two-loop course, with a timing arch a little before the halfway point to ensure athletes were completing the entire 2.4 miles. As is the tendency with two-loop courses, it was crowded. I had to pop up out of the water a few times to avoid the kicking heels of breast-stroking swimmers, especially around the turn buoys. On the second loop I came out a little wider and was able to find a clearer lane. Still, the swim in general was one of the most physical I’ve had in recent races. The chop on Lake Monona seemed to pick up a bit later in the swim, but it never felt unmanageable. And as many athletes have stated, it was the warmest I’d be all day.
Upon exiting the water, I took advantage of the wetsuit strippers, who were a welcome site after being absent during Covid era racing. I jogged up the parking garage helix, wetsuit in hand, and ran into the ballroom to prepare for the 112-mile ride.
Here’s where the mistakes of the day come into play. I had looked at the forecast and saw rain and 60 degrees. I’ve trained in 60-degree weather before, even with a little sprinkle, and felt comfortable after warming up. My plan was to throw a cheap long sleeve bike jersey over my trisuit for the bike, thinking I would likely ditch it somewhere on the ride, and then just run in my trisuit. What I would discover on the ride though is that the temperature did not rise to the expected high, and the combination of the heavy, constant rain and 15-20mph winds made it feel much colder than expected.
I was cold.
The bike ride ended up being a brutal seven-hour journey back to T2. The Wisconsin bike route is a lollipop configuration, with a stick that takes athletes out to do two loops through the small towns west of Madison before returning on that same stick. The stick has been changed in recent years due to construction, adding more hills and elevation to the route. The loop features three large hills and a technical combination of more rolling hills and tight turns. There are turns at the bottom of inclines and turns into inclines where riders are starting the climb with no momentum. These elements make this a daunting course on a good day, and it’s never been a route where athletes can ever really settle in and cruise in aero position for long. Now, combine those challenges with 50-degree temperatures, high winds, and heavy rainfall and we have all the ingredients for a miserable ride.
Standing water was present over much of the course, slowing momentum and hiding the rough road conditions for which Wisconsin is notorious. I climbed slowly, cautious not to rock the bike back and forth too much on slick pavement. On the descents, I concentrated on gaining as much speed back as I could while keeping the bike upright. While descending I felt every wind gust blow straight into my core, and the rain was pelting my skin to the point I thought it had begun to hail at one point. I must have spent over half the ride shivering and trying to stop my teeth from chattering.
After finishing the second loop, there’s generally a feeling of relief on this course – a feeling of completion, even though there’s still the stick to ride home. As I took that left turn though, I was greeted with a massive headwind and the realization that the hills on the new route still awaited me. Those last 16 miles were downright nasty, and looking at splits for multiple athletes, it was the slowest split of the day for most.
It was slower than I planned, but I eventually completed the bike ride and made it back to T2. I’ve used the word “carnage” before at other races, but this was a completely different version. The inside nature of transition was both a blessing and a curse at this moment. It felt great to finally be warm – so good in fact that it pressed athletes to make a tough decision about leaving the comfort of the room to begin a marathon in the elements. Men were strewn about the room, slumped over in chairs shivering with looks of shock and defeat in their faces. I decided not to get too comfortable and worked to start the run quickly. As I was shoving my bike gear into my transition bag, a man turned to me and said, “I still can’t feel my hands or use my fingers. Can you help with my helmet?” So I removed the man’s helmet, pointed out the warm water they were serving, and got on my way out to the two-loop run course.
I started the run well enough, and was able to maintain a slower than usual, but steady pace for a while. I was trying to run hard enough to stay warm, while finding a pace I could maintain for as long as possible. Still, with wardrobe mistakes realized, I was freezing in my trisuit. Wind blew through the city streets and I’d shiver and clench up every time it hit me. I started the marathon as I usually do, relying on Coke and gels to get me through to the end. The saving grace though was the warm chicken broth, usually reserved for after dark, that was brought out onto the course early.
I ran well enough until about mile 15, when a gust of wind ripped through the course and went straight through my body. I must have taken a funny step while my body clenched up, because my left hip flexor decided to completely lock up on me. I was able to loosen it up but running became a major challenge after that. I walked/jogged the best I could and just tried to keep moving forward while the hip flexor issue came and went. At one point on the second loop, I was dragging my left leg up the hills on Observatory Drive and seriously questioning if I’d be able to finish.
The chicken broth, while it helped me stay warm, also created a new challenge. With the absence of sweat, the broth had nowhere to go, and I was eventually stopping at every aid station to use the bathroom. This slowed the overall pace and caused me to have to loosen up the hip flexor every time I started moving again.
Another observation from the run course – it just felt empty. Most Ironman run courses, even in the most difficult races, still have a crowd of people sharing in the same death march. The run course in Madison was a ghost town. I spent most of the course walking or jogging alone and would go minutes without seeing another competitor, even making a complete second lap of Camp Randall Stadium alone. At one point around mile 23, another athlete caught up to me, made a joke, and tried to start a conversation. As I shivered and walked the last couple of miles with my teeth and fists clenched, I was in no mood to chat. I smiled and let him pull ahead of me, just focusing on each step and counting the minutes until I’d be done. I felt terrible at the end of the loop when I was getting ready to turn toward the finish and I saw him take the right to begin another loop. Ouch. That guy needed a friend, but I was an absolute wreck of a human by that point.
While the bike and run courses were light on spectators, especially by Wisconsin standards, the finish line was rocking. I was too cold to really celebrate my way down the red carpet, but the crowd, music, lights, and Mike Reilly were all I needed to justify the fourteen hours of suffering in the rain and cold. I’ve seen varying numbers, but the last set shows that roughly 1700 people registered for the race, 1400 started, and 1020 finished. Ironman Wisconsin 2022 will live on the list of races with the highest DNF rates in recent Ironman history.
This was a redemption race for me, after not finishing Wisconsin (*cough* twice *cough*) early in my triathlon days. I’ve had Ironman successes since then but had been unable to get back to Madison for various reasons the last few years. Had I not been so determined to finally beat this course, there’s a great chance I’d still be in T2.
Photo credit to Christina MacKenzie.
Jim was a multi-sport athlete growing up, but the endurance bug didn’t bite until adulthood. Like many other late blooming endurance athletes, it all began with a 5K, then grew into a steady progression of longer distances, and continued with a head-first dive into the world of triathlon. Jim is an Ironman finisher and can be talked into just about anything. If there’s a medal and T-shirt at the end, count him in! Jim resides in the NW Chicago burbs with his wife and two daughters. When not training or spending time with family he works as a telecom sales professional, which he does mainly to support his addiction to running shoes.
Local Turkey Trots to Help you Burn off Those Extra Calories
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Now that your term is near an end, you’ll be doing what all lame-duck presidents do just before leaving the Oval Office; issuing dozens of pardons and commutations to America’s prison inmates. As of December 23rd, you’ve issued only 191 presidential pardons. Some may think that admirable, but the truth is, all of them came after the convicts already completed their sentences. Among those pardoned, were drug dealers, embezzlers, unlawful gun dealers, tax evaders, thieves, one bomber and a host of others. Besides the pardons, you’ve commuted nine sentences, thereby shortening prison time for those convicts.
Contrast your record of compassion to that of other presidents: Wilson 2,480 pardons, Truman 2,044, Hoover 1,385, Lyndon Johnson, 1,200, plus Clinton, Reagan and ford, all of whom pardoned over 400 each.
It’s time, Mr. President, to right a grievous wrong.
It’s one thing to pardon people who made a habit of committing of crime, it’s another to pardon those who lived a life fighting crime on behalf of Americans. I’m talking about those who make Americans safer, who risk their lives every day on the front lines of the war on crime, who are there for you and me when we need them in times of crisis.
There are several of those who are serving long undeserved sentences in prison. Among them, Border Parol Agents Ignacio Ramos and Jose Compean, serving eleven and twelve years respectively for shooting a criminal in the buttocks, a career criminal who was trying to smuggle nearly a thousand pounds of drugs into the U.S., and who was given special privileges and rewards in exchange for his testimony against these officers. And from there, he arrogantly continued to smuggle and break American laws, while the prosecutor’s office turned a blind eye in order to nail the cops.
The detailed facts are arguable. Yes, they may have fudged on their reports, yes the Monday morning quarterbacks may have found violations of procedure. Perhaps they deserved admonishment and even charges. But did they…and their families… deserve a decade of life inside prison walls while their wives and children were sentenced to survival without a father in the home?
You know the answer to that, Mr. President, and so does every American who has followed case. Please don’t hide behind the law and swash it all with a lame explanation that they were convicted by a jury of their peers. We all know there is no such thing as a jury of our peers in today’s world. And regardless, if those jurors knew that the criminal had been given special rewards for his testimony, and that he was arrested again for smuggling drugs into the U.S. before the trial date, it’s unlikely the officers would have been convicted. And, if the jurors knew that —according to a technicality in the federal law — any convicted person who commits the “crime” while in possession of a firearm is automatically sentenced to a minimum of ten years, it’s unlikely the officers would have been convicted. However, the prosecutors, led by your appointee, Johnny Sutton, purposely did not reveal these facts to the jury. Consequently, Ramos and Compean — who are required by job description to possess a firearm on duty, got nailed for the maximum…and so did their families.
Non-criminals are wrongly serving time, Mr. President. Criminals who prey on society, are not serving time. How does one explain that?
You know the facts, but for those who don’t check out this link:
While you are at it Mr. President, consider some other officers of the law…some of whom may have made errors in judgement, but certainly did not deserve long prison sentences away from their families, lives wasted, non-productive.
Stephanie Mohr is one of those. A K-9 cop with Prince Georges County, Maryland, Officer Mohr allowed her K-9 partner to bite a criminal who was caught atop a commercial building at 1 a.m. in the morning, a criminal with a past record of drugs and theft and who was in the country illegally. She was convicted on testimony from another cop in big trouble, who was given special treatment in exchange for his testimony..saying the dog bite was unnecessary.
She had served with distinction as a decorated officer with several commendations for putting her life on the line protecting citizens of Maryland. She is now serving her fifth year of a ten year prison sentence. Her child doesn’t have his mom at home in all this time. If ever there was overkill in the criminal justice system, this is it. Stephanie Mohr does not deserve ten years behind bars.
There are others. Check out:
Click here: Chief of Police Richard Thompson
Click here: From the Chairman
So, Mr. President. Now that you don’t have to run for office any more, and the favors are all paid back to your political backers, it’s time to do the right thing.
You once called yourself a compassionate conservative. Time to put up, or shut up. Pardon these cops, and give them and their families, their lives back. You have the power…until January 20th. I implore you in the name of humanity. Use it.
36 comments
Frank Piloto December 28, 2008 at 9:58 pm
Great Marshall! I think your efforts are commendable and, you can count on me for whatever it is I can do to help out. For the time being, let’s send this to my email address book so they can send it in turn to GB.
Ron Kenerly December 28, 2008 at 10:06 pm
I will write to each of my elected officials and to the President. I hope he chooses to do the right thing but it is doubtful…he would rather kiss the ass of drug dealers and criminals…well demonstrated by his past actions, than to do what is right by these people.
I can only wonder why any individual would be crazy enough to do the job of a law enforcement officer in this day and time….it is thankless, you go to jail for minor things, etc…..it must be all the prestige & pussy you get for carrying a badge and the free meals at all-night restaurants?? I used to enjoy my job when I served….it was good to get rewarded. We kicked the asses of many criminals, we had a means to do what was right by the community and the victims,….all the midnight cruisers were available for a 20 minute ride and everyone covered for everyone else. Today, from what I hear, it is a dogs-eat-dog world with your partner turning on you at the drop of a hat in the name of a righteous way…?!?!?!? Lots of respect, but ………..
JOHNNY MCKAY December 28, 2008 at 10:15 pm
Sam December 28, 2008 at 10:42 pm
Marshall…you are so on target with your update and examples of the many, many wrongly incarcerated federal, state and local law enforcement officers. It’s beyond belief Ramos, Compean, Mohr, etc. etc. are behind bars while so many thugs are still out there operating unchallenged in the drug, robery, burglary, public corruption businesses etc., etc. We all need to pray for the wrongly jailed officers. Johnny’s right…we need to pray for GWHBush to do the right thing and pardon these officers.
Ed Hensley December 29, 2008 at 12:55 am
Thanks M.F., for the good & timely blog. As
for the Political Imprisonment of Ramos &
Compean, by Johnny “Satan” Sutton, at the
obvious direction of the Mexican Goverment, via orders from President G.W. Bush, I shall
Bush. No way in hell, will W. swallow his
high false pride and pardon them now.
I am however hopeful that Bush may be moved to commute the sentences(s) of R & C to time
served. Two things may so move him:
1. He may commute & release in self defense, to lesson the chance the US SC may
hear the case on appeal. Should the SC take
the case, W. would not be in power to have
someone drop a dime, as must have been the
case in the sorry Decision by the 5th COA.
Besides, I don’t think a dime would work on the US SC. If the U.S. SC hears the Ramos &
2. He may hear and partially heed the current nationwide clamor to free R. & C.
A commute and release would allow him to
continue the lie, of Ramos & Compean really
being guilty & reduce the clamor some.
Tomorrow, as a CA Resident & Voter, I will
phone and FAX my Congresswoman Jane Harman
and my Senior CA Senator, Diane Feinstein.
As you know, Sen. Feinstein long ago urged
Bush to at least commute the sentence of both Ramos & Compean to time served. She also said the Fed. Gun Crime Law charging, in this case, was outside the intent of the Congress. That 10 year stick was meant for use against drug dealers and violent career criminals. It was not meant by Congress, to be used on cops armed in the line of duty.
Tomorrow, I shall implore Rep. Harman in the
House and Sen. Feinstein in the Senate to
exerpt maximum pressure on Bush, with ALL the help they can muster from other Rep.s &
Senators, to commute all sentence(s) of
Ramos & Compean and cause their immediate
release from federal custody.
I shall also request that when Congress convenes in January 2009, they take prompt
action in their respective chambers to amend the federal firearms law that let
cheap crap on honest cops in the 1st place.
As for the other fine officers who have been railroaded on the PC tracks of an American Justice System gone astray, some
of those cases are state prosecutions and
not George W.’s to pardon. But, President George W. Bush has set the worst example in history, of how not to support those who protect and serve. The unjust jailing of
Ramos & Compean shall long stain his legacy.
Ed Hensley December 29, 2008 at 1:43 am
M.F. & ALL: Look at the date on this, click & read. You will then see why I waste no more time writing Bush about Ramos & Compean. W. is blinded by pride, IMHO!
Wednesday, July 18, 2007
Senators Feinstein and Cornyn Ask President Bush To Commute the Sentences of former Border Patrol Agents Ramos and Compean
Mike R. Cole December 29, 2008 at 4:35 am
Great job Marshall! There is no doubt that these deserve consideration for a pardon. Now the question is does the President have the Courage to follow through.
Tony Socarras December 29, 2008 at 9:08 am
I do believe this is a cause worth fighting for. Count on my support in whatever way I can to help.
I’ll start by forwarding your article to all the police officers I know throughout the US and hope that together we can convince the President to issue the pardons.
Bill Bell December 29, 2008 at 9:14 am
You are absolutely right that Ramos and Compean should be released; should never have gone to jail in the first place. But for me to write a letter to President Bush is a total waste of time. I believe he cares not at all about the opinions of the citizens of this country.
David R. Ward December 29, 2008 at 10:08 am
Sherry Hanback December 29, 2008 at 10:32 am
Stand behind for which you have stood for during your office. You can do it!!!!!
James Hanback December 29, 2008 at 10:33 am
Go out with a bang!!!!
Rich Moore December 29, 2008 at 11:10 am
OK, I’ll be the bad guy here: While I agree that the gun charge should not have been added, the facts are this: Two agents of the federal government shot a man in the back who was NOT armed and who posed NO threat at all to the officers. Thats fact. Rather than have their pride hurt by letting the CANNABIS smuggler get away, they decided to kill him.
The fact that he was hit in the butt and not the head is just happenstance, and the officers might very well have killed the man…over GRASS!! Marijuana is NOT supposed to get you a death penalty, in any civilized nation, and only the insanity of prohibition causes this madness.
Then, the officers LIED and FALSIFIED reports and tried to cover up their crimes. If they thought they had acted in accordance with the laws intent they would have never ‘ fudged’ ( LIES) on official reports. They KNEW that it was a bad shooting.UNARMED human beings should not be shot at, not for merely trying to satisfy the immense appetite we have for weed, etc.
Sure, mistakes were made on both sides, but imagine if the government had covered this one up and let the cops go free: The Mexicans would have killed wholesale to avenge the BP and teach them some manners.As it was, there were plans being laid for vengeance; Fair is fair after all and shooting an UNARMED man in the back ( dry gulching) is never admired by anyone.
Then, ion a side issue, 10 years may seem like a lot of time, but what about the people rotting in prisons for MINOR petty amounts of pot? 10 years is an average sentence for ‘ drug’ convictions today, with NO parole, so shooting a human being in the back and then trying to cover it up seems to be a lot more serious an offense than someone trying to get high under the onus of prohibition.
Personally, I would allow them to be released after 5 years; thats enough time to convince other agents that human life means something, yet not too much.As far as Mohr, the lady that loves dogs more than people, she got what she deserved. She actually had MORE than one instance of allowing her dog to bite people who were posing NO threat; one guy was laying on a hammock and she loosed the dog. Then, men climbing down from a roof, under the control of THREE COPS with guns are bitten because she thought they ‘ might’ turn and flee. MIGHT. Not did, just might.
the fact is this: Mohr was not prepared to take action without the dog, it was her solution to everything that challenged her. Recall in the old days cops would walk up to a perp and turn them around and cuff them, right? All alone. Now, it takes tazers and dogs and a swat team, with people laying face down on pavement before the cuffs go on. In a culture where a SUPPOSED ALLEGED ‘criminal’ (SUSPECT) loses his humanity and is considered fair game for anything the cop decides to do, no wonder agents are gunning down unarmed men.
Remember that other agents have to live with the violence on the border, and the Mexican cartels would declare open warfare on them if they thought tht they would get shot for every pot offense…it is a danger to the others, and that is a fact.More agents would be killed and assaulted if they thought that the cops had no compunction about shooting unarmed men.
Bush is such a criminal himself that the only pardons he thinks about are the ones he and Cheney will need if their roles in 9-11 are ever disclosed widely.He is a petty, sick man, a liar and total scum, so why should he risk further criticism from people over someone else? He won’t! He would be saying: ” Mexican lives are worth nothing…kill them, shoot them, even when UNARMED if they try and bring some weed in”.
Not likely: Bush has such a terrible legacy, a history of secrecy and lies and coverups, that he would never risk more shame by saying that the agents actions were OK. Thats what most of you here are saying: It is Ok to shoot unarmed men down if they are technically in violation of some law…well, it is NOT!
The police love it when people they arrest get stacked charges and minimum sentences and get thrown in jail for decades for nonviolent crimes, like drug use or possession, but when the shoe drops on them suddenly these same laws are UNFAIR!! Whats good for the goose…
I know most of you here will blast me; save the time, I cannot be affected by nonsense. many of you here would allow cops to gun down anyone, at any time, without review, and assume thaqt they are always right…well, thats not reality.EVERY WEEK I read more and more accounts of cops getting busted for major crimes, and if we give every one of them a pass what does it tell society? That being a cop means a license to kill is bestowed? No good.
I feel for officers that are INNOCENT being railroaded, but that is RARE as hens teeth; most of the time the police act with virtual impunity and get away with, yes, murder.So while I would let Ramos and his pal out early, I would NOT pardon them and send a message that backshooting and lying are OK for federal agents…as soon as that is SOP we are all in danger.
Cops always expect the citizenry to obey every dort and tittle of the law, and use minor offenses to lock up people helter skelter, so they get no slack from me when they cross the line. I support PROFESSIONAL police, and they don’t shoot people for running away from a pot bust…and that is what this is all about.
Steve Gure December 29, 2008 at 11:23 am
Although I totally agree with you that the 2 Border Patrol officer should be pardoned (they should never have been convicted)Pres. Bush in this matter has not done the right thing. So many prominent legislators lobbied for their release which he totally disregarded. I voted for him twice, but am deeply disappointed in him in this matter.
Jack A. Milavic December 29, 2008 at 11:53 am
A registered letter to the President in on the way and a meeting with US Senator Jim Inhofe is scheduled.
ROBERT L. ELLIOTT December 29, 2008 at 12:00 pm
KR December 29, 2008 at 12:09 pm
Agree that they should not be in jail. Don’t think that they should be allowed to continue in law enforcement.
Hensley, Bell, and Moore are too busy bashing Bush to accomplish anything. In 2010 they will still be ranting. Moore hasn’t a clue.
It seems that those with the longest responses care more about themselves and their agendas than they do about the subject matter.
Ed Hensley December 29, 2008 at 1:39 pm
I’ll cop a nolo plea to being a wind bag in
search of a soapbox but reject being lumped
in with Moore. Bell is on target with a 10X.
Nice Crystal Ball KR, for you to say I care more about myself, than innocent cops
in prison. I have invested money, time and
OK, so I need to shorten the rants to avoid
being lumped in with the likes of Mr. Moore.
Hows this?
It is now over 18 months since you and Senator John Cornyn asked President Bush to commute the sentences of Ramos and Compean. He has ignored you, other Senators, several Representatives and hundreds of thousands of citizens.
I appreciate your many efforts, in a quest for justice for Ramos and Compean.
I now ask you and your peers in the Senate to make a final urgent effort!
Please let President Bush know, in no uncertain terms, that his legacy in history
shall be deeply stained, if he fails to free Ramos & Compean, by commutation
of their sentences, prior to his leaving office, Janurary 20, 2009.
I thank you.
Respectfully,
Harbor City, CA
Submitted for publication to the Torrance
Marvin December 29, 2008 at 2:17 pm
I think you have ucovered an aspect of this process that “we” who are registering our concern which has this “ship of the Fleet” notoriety at the forfront. Based on the other cases of poor timing bad luck or just plain I made a mistake cases, this recommended action should grow feet and be presented every possible time to a/the “President”.
Thanks for reminding me of those warriors who I have read about and just went on with my life “feeling sorry for the myriad people ivolved in the type case that you identify.
Marvin December 29, 2008 at 2:22 pm
I just had a an epiphany: Pardoning the turkey is a planned and expected event with gobbles of press at these ocsssions combined with appropriate humor.
Again, the civilian sworn warrior is in an uprotected class and the turkey, at least one a year is is hallowed ?????????
gloriadisanto December 29, 2008 at 4:12 pm
Frank M. December 29, 2008 at 6:17 pm
Rich Moore’s rant does not even deserve a reply but I have to do it.
His bias is so blatant that he needs to move to a different country, like Mexico. Maybe he would be happy with their system of justice. He’s certainly not happy here as evidenced by his inane, biased rantings. Obviously he has had dealings with the American criminal justice system that did not go in his favor. Did you do time Rich. Too bad Rich, other countries are calling. Leave now and do us all a favor you are obviously not happy here in this corrupt system.
Terry December 29, 2008 at 9:52 pm
It appears there are different opinions on these cases.
This graph struck me though:
“We all know there is no such thing as a jury of our peers in today’s world.”
Was there ever?
“And regardless, if those jurors knew that the criminal had been given special rewards for his testimony, and that he was arrested again for smuggling drugs into the U.S.before the trial date, it’s unlikely the officers would have been convicted.”
Food for thought.
But Rich Moore also has a point. If an unarmed person was shot in the back…well, more food for thought. Not so cut and dry.
Ed Hensley December 29, 2008 at 10:41 pm
If this career drug runner was unarmed, in
possession of a million dollar pot load, in
then God does not make little green apples.
Most Americans did not fall off the turnip
truck yesterday, in spite of Rich Moore,
I sense a grass roots ground swell, of good
people yelling for justice, as the New Year dawns, with Ramos & Compean still rotting away in Solitary Confinement.
I’d not be surprised, just grateful, if a lot of that grass roots noise comes out of
Oklahoma, after Jack A. Milavic meets with
Fran Hockemeyer December 30, 2008 at 2:44 am
Bill Bell has it right on!
The President does NOT care what the voters of this country want!
Nor do the U.S. Senators & members of the House!!!
More than 70% of the citizens did not want amnesty, yet most of them voted for it and Pres. Bush pushed for it.
More than 90% did NOT want all this bailout money to be voted for . . . yet they voted for it and Bush pushed it.
Bush has heard pleas from so many, including a petition signed by many in the U.S. Senate and House. Yet he continues to ignore Ramos and Compean!
What makes anyone thing he’ll do the right thing and pardon them now?
Oh, I’ll write a letter . . .but I know it will be another waste of my time. As I have to try for these fine men who’s only crime is trying to protect us from low life!!!
Dale December 30, 2008 at 4:52 pm
Thanks Marshall for keeping these issues before us. I have done and will continue to do all I can to get justice for these officers.
Kevin D. December 30, 2008 at 5:08 pm
Rich Moore, can you please remind us once again which law enforcement agency fired you, arrested you or threw your application for employment away.
Jerry Reichardt December 30, 2008 at 6:21 pm
I don’t always gree with you, but on this I agree and will follow through.
Ed Hensley December 31, 2008 at 3:46 am
I appreciate the Posthumous Pardon of the late Charles Winters, by George W. Bush.
Mr. Winters is no less a true American Hero
to Israel, in my opinion, than Harry Truman.
I appreciate the current strong support, by the Bush Administration, of Israel’s self defense actions in the Gaza airstrikes. I
continue America’s 60 years of such support?
So, I take no pleasure in posting a law.com
article that shows high level connections &
politics are more responsible for this late
pardon, than any sense of justice by Bush.
Rich Moore December 31, 2008 at 10:51 am
Kevin D.: NONE.I was a ‘ special officer’ with the City of Miami Police, as a reserve, back in the days of Garmire( chief) and headed a thet detail downtown. I arrested over 100 perps wih a 98% conviction rate. I was in the security business and am a qualified firearms instructor, expert with a .45.
My dad was a career cop and I rode with units all my life.I am NOT anti-cop!! No matter how much people slam me, they NEVER reply to the FACTS!! If a man is shot in the back and is UNARMED, is that OK because qa cop did it? PLEASE! No human being with any sense would Ok such actions.
Backshooting is NEVER justified, even if the perp is hauling some weed. Show me the statute that permits deadly force when no direct threat is present….show me the law that says BP agents get a pass when they LIE and COVER UP…..OR, stop lambasting ME if you cannot.
All I want is professional, law abiding police….is that too much to ask, or are you guys content to see this nation become like East Germany under communism..where snitches compete to betray family members in fear of the government, and where cops could gun down people for little or no reason.
I offer FACTS, you offer whining excuses that do not stand the test of truth and time.If you APPROVE of police shooting unarmed men down, if you condone backshooting, just SAY SO! If you are a bigot and hate Mexicans, have the guts to say so.Just don’t insult our intelligence by mumbling about how bad I am if you cannot defend the facts…have the guts to let us all know you are against the rule of law and human decency. be honest.
NO ONE, not one reply here, mentions BACKSHOOTING and LYING on reports..its like the crimes of the BP agents mean nothing…like they can do no wrong…if you believe that, say so! Just don’t slam the one man telling the truth here: Agents are placed in greater danger by covering up backshooting cops: The Mexican cartels will gladly return gunfire if that is the game they want to play…as it is, a guy bringing in WANTED weed, and is UNARMED, can at least get a trial: getting dry gulched and BACK SHOT is a perversion of justice.
Many of you would pervert justice to keep a cop from facing the consequences of his actions, and that is sick. Playing the game is OK…I played it too, but I never perjured myself, and I never used excessive force…because I knew that I could get wasted on the street getting in my car if the street guys saw me as a bad guy and lawbreaker instead of the law.
I grew up in a police station and know the life well;thank God my dad was a m,an of great principle and never acted illegally or harshly, always a professional.
Answer the FACTUAL part of this or drop it, but making ME the bad guy is silly and far from the point.
Rich Moore December 31, 2008 at 10:58 am
Ed Hensley: Evidently some entity other than God is making green apples these days, because NO GUN was seen, found or likley. NO PROOF of a gun. AQs in most cases of a bad shooting, the cop says:” He made a furtive gesture at his wasitband”…c’mon…lets get real.Thats taught in the acadamy today.
Are we to believe that a weed smuggler would risk 5 or 10 more years in order to carry a gun? no way.Are we to believe that the smuggler was SUICIDAL? thats what you are saying: That he wanted to get shot…and made a move…yeah, right. NO WAY! They are not stupid, just criminal.
NO GUN FOUND. NO GUN USED ( except the backshooters, the BP agents) and no gun seen. NO GUN means NO shooting!!The agents simply did not want to lose the guy they were chasing, and at one point they decided that it was better to kill him than get humiliated and frustrated by him getting away, and they fired.
Thats wrong and never justified.
By the way, Ed H., in addition to little green apples, God also makes cannabis, and in Genesis He said it was ‘good’. Who are crooked politicians to say it is bad? Food for thought!
Ed Hensley December 31, 2008 at 9:25 pm
Hey Rich!, – I voted for medical pot in CA
& I support legal taxed sale for adult use.
There ends our agreement in this discussion.
There ends our discussion on this blog.
Have a Happy New Year but waste someone
elses time in two thousand nine! Bye Bye!
Frank January 4, 2009 at 9:25 am
Security Guard Rich, knows all about law enforcment. Get a grip, you know nothing. Your lengthy rants are just that, rants.
Laura January 4, 2009 at 2:41 pm
I so agree with the statement,”Your lengthy rants are just that, rants.”
Rich, you may want to brush up your typing skills also……
Frank M. January 6, 2009 at 8:29 am
Hey Rich, anyone can get a 98% conviction rate when it pertains to shoplifters…..they are caught with the goods before they are arrested. Great police work on your part. Police work, indeed, you don’t have a clue.
Ray Teems January 16, 2009 at 9:54 am
I Believe capital punishment is substantiated by the morale code listed in Exodus 20:13. “Thou shall not kill” (Murder). Life should be protected because we (humans) are created in God’s image. The laws need strengthened to reflect this command from God our creator. Additionally, convicts who are sentenced for murder should be prosecuted as fast as possible. We have the guidelines and standards already set if we would only enforce them. As to the police officers, firemen, and military… they come under the jurisdiction of our leaders that God has placed in control within all cities, counties, state, and federal government for our protection. Romans 13, specifically verse 4 which states ” For he is God’s minister to you for good”(NKJV). Especially capital punishment Gen 9:6,Mt.26:52,Acts 25:11. Is there corruption in the criminal justice system? you bet there is. Are there enforcement officers innocent of crimes within the criminal justice system? Again, you bet there is. The point is that an argument can be made for both groups of people. Only when our leaders comply to the letter of the God’s word will our system work expediently and effectively. That starts with obedience from the word of God. I’m sure God will act on behalf of the innocent if they would only commit themselves to the will of God by trusting him in faith and accepting his pardon of forgiveness for their sins through Jesus Christ. This is an individual choice that can only come about through God himself. It is a response from mine and your prayers. We can count on God but we can’t always count on man to help us in our time of need. This was written for one to think about their relationship with God. I for one am very thankful for those who uphold the law “For he is a minister to you for good.
Frankly Speaking
Frank welcomes intelligent and insightful responses to commentary, especially from folks with contrary points of view and other insights to offer. Please keep comments pertinent to the title issue. Though some issues may draw passionate reactions, Frank insists on maintaining respectful decorum and will take the liberty of deleting foul language or an entire comment if it's deemed outrageously inappropriate. He would appreciate responders who leave their names, city of residence and, if possible, e-mail address.
Frank has been writing and publishing commentary since 1994. His articles have appeared in various newspapers in North Carolina and Florida, along with short stories in many magazines. True to his moniker "Frankly Speaking,"(the title of one of his books) Frank wastes no words in presenting his message as he hits sharp and hard but above the belt. No one would ever call him politically correct. His critics are hard pressed to pigeonhole him as a liberal or conservative, as his views vary depending on the issue. Because he is not running for office nor seeking a job, the muzzle is off. One critic said, "I don't always agree with Mr. Frank, but he sure makes you think."
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Everyone is talking about branding, personal branding, and brand identity. But what exactly is it that arouses the keen interest of more and more entrepreneurs?
What does branding mean and what advantages does it have for your company or business?
A friend recently asked me carefully: “What exactly are you doing with this branding? Aren’t these branding marks on horses? ” I had to smile spontaneously. She was not entirely wrong in her statement. Because in the Wild West horses used to be branded on the back flank. This branding, branded with a hot iron, was primarily used by the cowboys to identify the galloping horses. So you could easily distinguish the Mustangs within large herds and assign them to the respective owners. The brand was thus a kind of claim to ownership, proof of ownership.
A branding in terms of corporate communication is much more than just a branded characters. It is a process. But similar to a brand, it serves to identify the business so that it stands out from the competition. It should “burn-in” in the mind of the target group, similar to the branding on horses.
The development of unique features, unique selling points, the how of a company, is an intensive process. It is not enough to simply put a sign on the business, such as a logo or signet. Zack, mine! Certain associations, emotions, and a look and feel should also be impressively woven into a brand. This particular feeling should be felt and experienced at all points of contact with the brand.
What is branding for?
Most entrepreneurs know that branding is something they should take care of, so they put it at the top of the to-do list when starting a business. Unfortunately, they often confuse corporate design with branding. I would like to briefly explain the difference.
A corporate design is about the visual, visible appearance of a company. This starts with the logo, goes through the choice of colors and fonts to certain recurring design elements and the independent visual world of a company. A brand identity, however, spans all levels of a business. It works not only visually, but also through the language, the way of communication, how to deal with customers, applicants, and suppliers. In a nutshell, the way you do what you do and most of all what feeling triggers it with your customers. For example, do you create a feeling of “You are being helped …” or a “Going to new adventures” feeling? Does your customer feel “luxuriously spoiled”, or as advised by “girl next door” or a friend?
What does branding do?
A quote from Seth Godin aptly describes what branding does: “A brand is the set of expectations, memories, stories does it, and relationships that, taken together, account for a consumers’ decision to choose one product or service over another.”
A brand raises certain expectations. Let’s take Apple. When you buy an Apple product, you have a certain expectation before buying. You expect a certain quality standard, exceptional design, and technology that works intuitively. These expectations are closely linked to the Apple brand. If a brand does not fulfill the desires associated with it, the brand image is gone.
For you, this means: be authentic! The more authentic you are, the more open, honest, and genuine, the more your customers’ expectations match what you can do for them. Empty promises have no chance and whoever shouts too loudly and gradually reveals that everything was just hot air will lose credibility in the long run.
If a customer has had a certain experience with a brand, this will shape their future buying behavior. For example, if you bought particular margarine that made your last cake awesome, the more likely you will choose that margarine brand again the next time you buy it.
However, these experiences already made do not only refer to purchases or bookings made with you. For example, you can already get in touch with your prospects directly via social media. What they experience here in direct exchange with you affects later buying behavior. Cold contacts become warm contacts, which have allowed you to sniff a little what it feels like to work with you.
Memories also play an important role on another level. The more intense your branding is, the more you are associated with your colors, fonts, your look & feel, the easier your customers will remember you. You have burned yourself into your memory – similar to the branding of the Mustangs.
The brand story remains in the memory
Stories are incredibly powerful. Neuroscientists believe that stories make it easier for us to remember and remember things than to simply list facts. From this, it can be concluded that it makes sense to wrap your advertising messages in stories and make them accessible to your target group.
You have probably heard of the brand story, the story of a brand. If you manage to touch your readers and arouse their emotions with your personal brand story, you will stay in her memory more easily. For successful branding, it must reflect the why of business. Why do you do what you do What motivates you to help others in your area? What is your vision Your mission?
Branding creates connection/relationship
Another important role of branding is that it creates connections and relationships. Between you and your target group. Good branding is aimed at a narrow target group that it should address. You don’t have to please everyone. Only the right one. The ones you want as customers of choice. So a brand is welcome to polarize.
With your branding, you create a level of relationship with your prospects. This is done by signaling openly that you know and understand the problems of your target group. Always think from the customer’s perspective! What moves him Do you know his struggles What are his biggest wishes?
Are you a solo entrepreneur? Your customers want to see you! You want to know who is behind the business. That is the reason why you should show yourself openly in your brand communication as often as possible.
Branding creates differentiation
So that a customer can choose between two almost equivalent services, he will compare the differences between the two in detail. Branding creates differentiation and sets you apart from your competitors. It highlights your USP, your unique selling proposition. What are you doing differently from everyone else? How does the how of your service differ from others? What feeling will your customer have when they use your service, buy your product? Branding creates distinctive features compared to other competitors, both on a visual level and in terms of content. It creates sales arguments without directly mentioning facts. It creates a pro, an inclination, in a subtle way.
How does branding work?
So far so good. Are you convinced of the advantages and benefits of branding for your business? But how does branding work?
Branding is a process that involves dealing intensively with the following questions:
WHO (who are you, who are your customers?)
WHAT (What do you offer? What are your services/products?)
HOW (How do you do what you do? Is there something special about your approach?)
WHY (What is your mission statement? What drives you to your business?)
In a consulting coaching session with my customers, we look closely at these four questions. They revolve around your entrepreneurial personality, your services, your way, and your visions: your brand essence. There are also other aspects: How do you want to affect others? What should be triggered in others when you contact your brand? In my opinion, authentic branding can only be developed in close contact with the customer. To do this, I meet with my customers in my office or via a zoom meeting and gladly give them small tasks.
The developed basics form the basis for the later corporate design. How deep the branding goes often depends on how intensively the entrepreneur has already dealt with his brand, what preparatory work is already available.
Why your branding doesn’t work for you …
5 reasons why your brand doesn’t work for you and how to do it properly.
Many entrepreneurs who have had their business for a while already have visual branding. Unfortunately, some of them are not happy with it. Something doesn’t seem to be working properly. There is a problem at some point. She then sneaks the feeling that her branding is not yet doing what it is there for attracting customers.
They also often find that the “wrong customers” are coming. The clientele with which one would have liked to work does not appear. They also notice that their visibility does not bring the desired success or that they are not visible to others. There is always a gnawing feeling: there should be more …
It is often due to one of the following 5 reasons, which I would like to show you here.
Many self-employed people develop ingenious business ideas that they implement and for which they are passionate about. They are passionate about their heart’s business and are busy building their business. They diligently make contacts for the network, they clarify the finances, the domain is reserved for the website, the website is created, and so on and so on.
Of course, all of these are important things at the start of a business – no question. But what is often neglected by many is the solid foundation that makes a brand. Sometimes there is just so much else in the foreground at the beginning and this point is forgotten. So it happens that the self-employed wonders after a while why his brand is not working properly. Only if you know your base, your roots, can you as a brand become authentically visible to others and be successful with your business in the long run.
SOLUTION:
To get to know you and your business better, you have to deal with your brand essence. Do you deal intensively with your WHY? and you’re HOW? WHY did you start your business? What was your intention? Is there anything else for you besides the motto “make money”? Do you have a vision A passion you are passionate about? Something you want to share with others?
HOW do you work for others? What makes your work so special? And why can’t everyone do it, just you? What is unique about you and your way of working? Maybe you’re doing something different from the competition in your niche. Or you have found a completely new approach to a problem for your customers that didn’t exist before.
You should also ask yourself: What feeling does your branding trigger, your brand in others? Are you inspiring? Are you powerful, energetic? Or what other feeling do you want to create with your brand? Here it happens that your perception and that of others diverge greatly. Do a little survey in your circle of friends or among your followers, how they perceive you and your business as a brand.
# 2 You do not know your target group exactly
The second big problem, which is very common, is that many do not know their target group well enough. Some of them have never really dealt with it. Neither is it enough to limit your customers to an age group of 30 to 50. Because if you do not specifically target a group with a specific problem, this means that you have to perform a vendor’s tray with different services. And that is never an advantage because it dilutes your offer. So the more specifically you know your target group – their preferences, their desires, goals and above all the problem – the more precisely you can tailor your offer to them.
Take your time and look closely: Who are your dream customers? A good way is to create a specific customer profile, for example. Here, in the form of a profile, it is described exactly what the person who emerges from your ideal target group could look like.
# 3 You put your wishes before those of your target group
Sometimes we may put our wishes before those of our target group or even project them onto others. You are probably also familiar with the problem that you become a little blind in time. You only see your point of view and assume that others think as you do.
This can happen with questions as simple as choosing the color for your branding. Let’s say you love the color orange and get it as a branding color. You have a lot of orange clothes in your closet. Orange is a perfect match for you and you love it. However, your dream customers prefer muted colors. Your branding will miss your target group.
Not everything that suits you and your preferences must necessarily be suitable for your business brand and does not necessarily address your target group. The greatest possible intersection of your ideas and those of your target group is advantageous.
SOLUTION:
Take a step back, take your ideas back a little, and always ask yourself first: What does my target group want? What are your preferences? What do you like? You don’t work for your business, but your customers.
To put it bluntly: Your branding MUST be consistent and consistent.
I often see people who are dissatisfied with their CD start to work on the design all the time and change things regularly. This often happens in relatively short periods. Unfortunately, this leads to confusion on the part of the customer/prospect and also damages your visibility. One cannot avoid the impression of indecisiveness.
A CD is always subject to a certain dynamic and change because your business is constantly evolving and changing. Nevertheless, you should remain as consistent as possible over a longer period to anchor yourself permanently in the mind.
Define your branding colors, your fonts, your visual worlds, and your logo and stick to them! Resist the temptation to constantly add new elements to your branding. Stay steadfast and do your thing permanently. Limit yourself to the essentials. Your visual appearances must uniform on all channels. That means on your website, Instagram, Pinterest, Facebook, etc. it must be recognizable everywhere that you are!
# 5 You lack the courage to show yourself
Perfectionism is often our greatest enemy. Sometimes we just hesitate for an incredibly long time to come up with an idea for new branding and think: No, it is not yet perfect. I still have to work on it… don’t compare yourself to others who have been in business for years. You’re fine the way you are. You are unique!
Concentrate on your work, your thing. And make the best of it! You do yourself the greatest favor by simply ignoring what others are doing. Because if you are constantly looking for others, you are depriving yourself of the energy you need to focus on yourself and your business.
Why you can increase your prices through emotional branding.
You can increase your prices with branding. At first glance, that sounds unlikely. But on closer inspection, it becomes clear that visual branding can have a not inconsiderable impact on the fees that you can charge on the market.
Luxury brands vs. Cheap brands
I’m taking you on a little trip to the supermarket now. Think spontaneously of your last purchase. How you strolled through the rows of shelves and looked at the range of goods. In addition to many products and offers in the middle price segment, there are the so-called luxury or luxury brands. Also, the low price brands, which are often offered as discounters own goods. Have you ever paid attention to the respective packaging design for these different brands?
One thing is particularly striking about the brands in the low-price segment: the packaging design is often very simple, almost flat. It screams: buy me! I am cheap! Such a design usually doesn’t appeal to us very much. Our feelings are not triggered. You will probably make your purchase decision for such a product without exception at the low price, since you think rationally and want to save. The best thing to do is to pack the multi-pack right away …
In return, let’s take a look at the luxury or luxury brands. The packaging design looks different from these. The product and its facts are no longer the only focus here. Whole stories are told here!
We no longer just eat some tomato soup. No, the tomatoes ripened under the Italian sun for this soup come straight from Tuscany from a friendly organic farmer who is even shown smiling on the bag. Perfect storytelling that takes us on a relaxed vacation trip to the south.
And what happens to you at this point? When you look at this tomato soup, you will probably already have mouth-watering and you can taste the aromatic taste of the tomatoes …
What happened? Why does this packaging design trigger so different feelings in you than that of the cheap brand?
The following has happened: The luxury brand has emotionalized you and cast a spell over you. And really strong brands do that! Through their look and feel – in our case the packaging plus the targeted storytelling – they create a certain expectation in us and address our longings. We look forward to the soup, to its taste and already imagine in the supermarket how it will taste later. This positive expectation inevitably leads to a purchase. And this is not only the case with tomato soups.
Satisfying our basic needs
Even with clothing, cars, and expensive watch brands, the purchase decision is usually not made rationally, but for other reasons. If a product appeals to us in particular, it is very likely to trigger one of our basic needs.
I always like to refer to the Maslow pyramid of needs. At the top, is the need for self-fulfillment. Brands that address this level can move easily in the high price segment. Here people are ready to spend money.
The “Recognition and Appreciation” segment should not be underestimated either. We often buy something because we hope that it will give us more appreciation. For example, the new expensive blouse with the extravagant cut. Wasn’t it that we secretly hoped for a compliment or two from a friend?
A brand therefore always satisfies certain needs, which are always to be found in detail. Because, depending on the person, these are of course always different degrees.
What does that mean for you now?
Your goal should be to use emotional branding to address your customers on their emotional level! Because you no longer have to sell purely via the price as an argument!
Sober product facts also become a minor matter. You sell through emotions and can also offer at a higher price since the price is no longer the sole selling point to differentiate yourself from your competitors.
But how do you create emotions with branding?
The thing with the emotions
First of all, you should have a clear goal in mind. What emotions do you want to trigger? What should your customers feel? This can also be several emotions at the same time: for example tension, variety and adventure or love, motherhood, friendship.
And: You have to know your customers: such as their personal preferences, wishes, values , and norms. Because the better you know your desired customers, the more you can communicate with them on a personal level.
With this basis, you can plan your visual design concept. Besides, this is of course a great basis for your entire marketing concept!
Think about which colors convey exactly this emotion? Which images create the desired feeling? And what story can you build around your brand, your product, which casts a spell on your dream customers? Awaken her desires and take her on a trip.
In doing so, place a lot of value on professional preparation and implementation. Because your appearance looks all the more professional thanks to good, coherent branding
Emotional branding and storytelling
How to address your customers through emotional branding and storytelling
A brand is only as good as the story or story it tells. Because stories create emotions. And it is felt that create a relationship and connection with your readers or followers and increases your visibility. Emotional branding and clever storytelling are a wonderful way to address not only the mind but also the hearts of your customers.
Telling stories is not always easy. Above all, we often ask ourselves the question: Which stories should I tell about my brand, my brand, and about myself as an entrepreneur? And which are relevant for my customers and prospects?
I am happy to give you a little inspiration for your brand stories and show you what you can convey about yourself and yourself through your brand:
Emotional branding and storytelling creates a connection
To connect with your desired customers on an emotional level, it is important to tell the right brand stories and to inspire your prospects.
What we have in common is that we love stories. People used to gather around the flickering campfire and tell exciting legends, fairy tales, and legends that captivated all listeners. Stories touch us emotionally and create connections. We cheer with the hero of the story in everything he experiences. No matter whether this is a movie on a big screen or just gossiping with the neighbor: Stories pull us along and trigger our empathy for the people who appear in it.
Your listeners and potential customers also love stories. And through clever storytelling through your branding about you and your business, you can get to know the person behind the brand and dive deeper into your world. They get to know you, you may even find yourself in some of the things you describe: and there it is the emotional connection!
Besides, stories are always great for all of us because they offer a welcome change from our boring everyday life.
Now we come to the aspects and stories that your brand should tell about you and your business so that you can reach your desired customers in their hearts
The story of origin or mission
We love to hear from others why they have taken the one or the other path in their lives. How did they get where they are now? In your story of origin or mission, you can give others an insight into what made you start your business. Why did you choose this path and what circumstances led to the establishment of your company? Think of turning points in your life that have brought you to where you are now?
Today’s consumers want to know more about the brands they buy from. You want to look behind the curtain and get to know the people behind the brand.
Your mission story could answer the following questions:
Why do you do what you do
What drives you
Why do you work with this special group of people?
What was the turning point in your life that brought you here?
What were the key moments in your life?
What do you want to achieve with your work? What is the big goal?
As mentioned earlier, it’s about the people behind the brand. The connection from person to person. You should show yourself authentically and humanly in your stories. Nobody wants to communicate with a machine. Stories that make it clear that you are just a person with corners and edges, with his mistakes and ticks, are a great thing to strengthen and further develop the connection between you and your target group.
As entrepreneurs, we often have the topic of “selling” in our marketing minds. But be careful! This is usually very counterproductive when you try to establish an emotional connection with your prospects. Please focus on people, not on the thing.
Ideas for your human stories:
What are your hobbies?
Your favorite books
What is your everyday work like?
What are your peculiarities?
What is important to you? Talk about it often and you will attract people who have the same values as you.
Your brand should reflect your values and explain why they are so important to you. Maybe they have something to do with your past? Maybe they can be perfectly linked to your origin and mission story!
For example, if your value is sustainability, you could tell your customers exactly how you define the term sustainability on your website or in your flyer. Or how you implement this topic in your business: for example by using sustainable materials, selecting environmentally friendly service providers, energy-saving hardware, etc …
Take a targeted look at this topic and take your time to find out which values are important to you. And above all: Which of these values are also relevant for your target group and your business.
Inspiration for your value stories:
What is important to me (in my work)
That moves me (in collaboration with customers)
I particularly enjoy my business …
What I believe in
Which is my belief
Another important point that your brand should cover is telling stories about your customers! Because when people read about the positive experiences of others with you and your service, this immediately creates trust. Think of testimonials on the website, reviews via Google, and recommendations, for example via Facebook, and how much these influence our buying behavior.
How about, for example, if you show your customer projects using case studies? Here you can go very well on which path your customers have taken with you and what experiences they have had with you. How did you get them from A to B? You can also describe exactly what your customers’ biggest struggles and problems were. What went wrong before they came to you? And how could you help them?
It is also important in this type of story to address the feelings of your readers. Describe how your customers are now feeling after they have used your service.
Ideas for your customer stories:
Case studies based on a customer project
Instagram story with case studies and links to customers
Etc.
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Would My Self-Esteem Decrease If I Give Up On Any Confrontation That I Have
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A few pieces of background. After my life burned to the ground, I picked up the pieces and started building again. In 2007, I was a single parent running my coaching business and living in Austin, Texas.
I was also doing A LOT of self-development. I traveled around the US teaching self-development courses. I had a two-week on, two-week off schedule. Two weeks a month, I would pack up my daughter and travel with her to teach. The two weeks we were back in town I would be running my business. During that time I definitely defied the conventional boundaries of what we think a single mother can do.
I met an amazing woman in 2007 who was also a single mom, Laura Shook Guzman. We became close friends, tied together by our parenting, our passion for entrepreneurship, our commitment to social justice and our ability to think outside of the box.
I had an intuitive hit and asked Laura if she ever considered living with another single mom. I talked with her about how we could share responsibilities and the financial burdens of being single parents. We moved in together shortly after, and I know that this was the best move I could have possibly made at that time.
If you are a single parent, I highly recommend finding another single parent to live with. It was one of the best times in my life.
I started to have a little more free time and committed to spending my mornings with a pen and paper. Every morning, I would head over to my favorite cafe, grab a coffee and sit for one full hour to write.
I let the pen move me. I let something bigger than me unfold in that journey. I was guided to see things, to envision what could be, to take my work and life to another level.
I did this practice for months and I still continue it today.
What dropped in was my life’s work. And it wasn’t calculated or constructed by my “thinking” mind. It rose up from somewhere much deeper.
I started to understand that the way we operate business is still very masculine. It is rooted in the same patriarchal structures that shape the rest of our society and perpetuate all kinds of inequality. I started to study the masculine and feminine and the ways they can complement and balance each other. I also started to consider how we could operate business in a new way.
I started to call my coaching business The Feminine Way, and honestly, the name didn’t really work. I think so few people understood the meaning of masculine and feminine that what I was getting at wasn’t translating. In 2008, the difference between masculine and feminine approaches was a familiar concept in the self-development world, but it hadn’t been introduced into business.
The door that my writing opened led me to a whole new world of work, work I am still rooted in 12 years later.
What also unfolded in that journaling practice was the idea for a work/life balance center. For those in Austin, this is how the idea for Soma Vida was born.
I had a passion for helping women in business, but as I said above, I wanted them to experience a feminine way to do business. I started to realize that they needed a physical space to support them.
This space would offer business education and support, a coworking space (Austin’s first!), childcare, wellness services and yoga. I wanted women to understand that a successful business was the result of space and care for the self.
I wanted women to be able to get work done and then get a massage or take a yoga class. I wanted there to be a space for a commitment to work/life balance. I had a soft spot for single mamas too, which is why childcare was an important part of the vision.
I had the seed of an idea and my journaling process allowed it to fully unfold. What if I really could create this space for women?
I told my roommate, Laura, about it. I lovingly “pushed” her into the idea. She could help me. We could do it together. We could operate our businesses inside of this new and groundbreaking space (my coaching and her somatic therapy).
The universe gave us both a big push. This was just a seed, but one day we passed a For Rent sign in the window of a beautiful little house in East Austin. We had to check it out. We planned on just browsing rental costs at the time.
As we walked through, we felt the “knowing” that this was it. We had four months to grow a business from seed to reality. It was intense, but I spent every extra moment building the brand, the business plan, and the model for how we would make it work.
In 2008, Soma Vida was born. We had created the first work/life balance center in the world and the first coworking space in Austin. I moved to Australia in 2010, but Laura kept this vision going until she closed down at the beginning of the COVID-19 pandemic in 2020.
So what is the moral of this story?
Giving yourself space to feel, to vision, to receive can bring in something bigger than you ever imagined. It is the path to direction, to knowing and to your mission.
What dropped in through my writing still sustains me today. It is a life-giving activity and one I will never stop practicing.
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Sonya spent the last 21 years helping thousands of leaders create more ease, alignment & success in their lives, work & business. Her personal development & leadership programs offer individuals permanent & lasting transformation that has a ripple effect on all areas of their lives. Her corporate speaking & leadership workshops transform organizations. She has two podcasts and a TEDx talk called Moving Beyond #Empowerment. She is currently traveling around the world with her husband and two children.
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Chapter 1 1 Paul, a servant of God, and an apostle of Jesus Christ, according to the faith of God's elect, and the acknowledging of the truth which is after godliness;2 In hope of eternal life, which God, that cannot lie, promised before the world began;3 But hath in due times manifested his word through preaching, which is committed unto me according to the commandment of God our Saviour;4 To Titus, mine own son after the common faith: Grace, mercy, and peace, from God the Father and the Lord Jesus Christ our Saviour.5 For this cause left I thee in Crete, that thou shouldest set in order the things that are wanting, and ordain elders in every city, as I had appointed thee:6 If any be blameless, the husband of one wife, having faithful children not accused of riot or unruly.7 For a bishop must be blameless, as the steward of God; not selfwilled, not soon angry, not given to wine, no striker, not given to filthy lucre;8 But a lover of hospitality, a lover of good men, sober, just, holy, temperate;9 Holding fast the faithful word as he hath been taught, that he may be able by sound doctrine both to exhort and to convince the gainsayers.10 For there are many unruly and vain talkers and deceivers, specially they of the circumcision:11 Whose mouths must be stopped, who subvert whole houses, teaching things which they ought not, for filthy lucre's sake.12 One of themselves, even a prophet of their own, said, The Cretians are alway liars, evil beasts, slow bellies.13 This witness is true. Wherefore rebuke them sharply, that they may be sound in the faith;14 Not giving heed to Jewish fables, and commandments of men, that turn from the truth.15 Unto the pure all things are pure: but unto them that are defiled and unbelieving is nothing pure; but even their mind and conscience is defiled.16 They profess that they know God; but in works they deny him, being abominable, and disobedient, and unto every good work reprobate.
Chapter 2 1 But speak thou the things which become sound doctrine:2 That the aged men be sober, grave, temperate, sound in faith, in charity, in patience.3 The aged women likewise, that they be in behaviour as becometh holiness, not false accusers, not given to much wine, teachers of good things;4 That they may teach the young women to be sober, to love their husbands, to love their children,5 To be discreet, chaste, keepers at home, good, obedient to their own husbands, that the word of God be not blasphemed.6 Young men likewise exhort to be sober minded.7 In all things shewing thyself a pattern of good works: in doctrine shewing uncorruptness, gravity, sincerity,8 Sound speech, that cannot be condemned; that he that is of the contrary part may be ashamed, having no evil thing to say of you.9 Exhort servants to be obedient unto their own masters, and to please them well in all things; not answering again;10 Not purloining, but shewing all good fidelity; that they may adorn the doctrine of God our Saviour in all things.11 For the grace of God that bringeth salvation hath appeared to all men,
The Epistle of Paul to Titus , usually referred to simply as Titus, is one of the three Pastoral Epistles (with 1 Timothy and 2 Timothy), traditionally attributed to Saint Paul, and is part of the New Testament. It describes the requirements and duties of elders and bishops.
Not mentioned in the Acts of the Apostles, he was noted in Galatians (Gal. 2:1, 3) where Paul writes of journeying to Jerusalem with Barnabas, accompanied by Titus. He was then dispatched to Corinth, Greece, where he successfully reconciled the Christian community there with Paul, its founder. Titus was later left on the island of Crete to help organize the Church, although he soon went to Dalmatia, Croatia. According to Eusebius of Caesarea in the Ecclesiastical History, he served as the first bishop of Crete. He was buried in Cortyna (Gortyna), Crete; his head was later translated to Venice during the invasion of Crete by the Saracens in 832 and was enshrined in St. Mark’s, Venice, Italy.
Psalms
Blessed is the man that walketh not in the counsel of the ungodly, no...
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Jeremiah
The words of Jeremiah the son of Hilkiah, of the priests that were in...
The book of the generation of Jesus Christ, the son of David, the son...
Now these are the names of the children of Israel, which came into Eg...
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aintScriptures.com.org is an unique source to remain in connection with my Bible online. Besides all, these images bring us a new dimension to the texts.
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Continuous Comprehensive Evaluation : A journey to shed some light on the skills within an individual and assist in grooming them to perfection.... But lack of planning and non systematic implementation can turn this into a Continuous Complicated Evaluation which in turn can result into a total fiasco.....
Firstly, to initiate the CCE, the teacher should be thorough with the parameters and the respective testing tools which are supposed to be used to test a child for a particular skill (reading/ creative writting/ Elocution etc). Again these testing tools can vary for same activity depending upon the child's age group/ expertise. For instance, the reading material given to a 5th std child is different than that given to a 9th std child to tes their skill of reading with comprehension.
Some renowned institutes like “Jnana Prabodhini” are carrying out a priceless research work in the area of developing a number of testing parameters and corresponding tools to fetch the best of skills within an individual which in turn is resulting to an enormous contribution to the society. eTechSchool maintains all these parameters and tools against corresponding skills. In short which all activities are to be carried out to test a particular skill using which tools will be set up in “eTechSchool”. A teacher can log into “eTechSchool” and educate herself about the activities she is suppose to carry out to satisfy the purpose of CCE for respetive pool of skills. The teacher may now conduct the activities and enter the results for the same against corresponding parameters in etechschool.
Secondly, A huge amount of data is generated when a child is continuously tested for his skill set. This data can be in form of snapshots, documents, test papers, audio clips, video clips etc. Maintenance and management of this gigantic data becomes a crucial task.
This is where eTechSchool's CCE's evidence management module assists you. eTechSchool has a provision to upload all sorts of evaluation evidences against a particular student which can be retrieved at any point in time. The parents can have an online access to these evidences to keep a track of their child's progress.
Last but not the least, the most complicated and time consuming task is to carry out the averaging of scores of all the continuous evaluations and assign an appropriate grade and comment accordingly. Now doing all this manually can take hours n hours and a hell lot of patience. In spite of investing these crucial hours and patience, there is always a chance of manual errors, typo errors and discrepancies amongst comments.
eTechSchool helps in saving all these efforts by intelligently taking the averages of scores and generating appropriates grade and comments within no time. As a result, all a teacher has to do is enter her evaluations and leave the rest up to the system.
'All n All', following are the benefits of using eTechSchool for a Complete Comprehensive and Assisted Evaluation (CCAE) the assistance being that of eTechSchool,
1. The educational institutes can themselves set up evaluation categories, parameters and activities, using which they wish to carry out the evaluation. The grades and comments which need to be generated can also be set up.
2. All entered evaluations along with average evaluation, corresponding grades and comments viewable at a single glance.
3. No more discrepancies in comments and grades and no more spelling mistakes on the report card.
4. Any change in the evaluation structure can be easily incorporated without affecting the previously entered evaluations or making any changes in the software.
5. A list of all the students who need help in a particular skill/ who have scored a particular grade can be retrieved without any additional work of hunting amongst the evaluations. Special training sessions can be arranged for the same.
6. Evidences of evaluations collected over time can be fetched in few mouse clicks.
So now if an Ex- student comes to your organization asking for his pros and cons in different fields, it is just a few clicks away.
The Ultimate Goal of eTechschool being,
Reduce manual and repetitive work
Increased time for Quality teaching
lets make teaching and learning an enjoyable venture for the benefit of students, teachers and parents.
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Whenever something unusually interesting in the field of personal finance shows up in the news, Mr. Money Mustache hears about it. Our diligent network of Mustachian Volunteer Spies combs and filters the world’s information, both for pearls of wisdom and pellets of comically misinformed dung. Although I take steps to remain on a low-information diet, I still enjoy hearing about financial trends in our society, since this blog is all about changing the trends.
So people send me updates on things like tiny houses, urban planning breakthroughs, people who manage to blow even a double Silicon Valley salary and appear clueless about where it’s all going, and major league players like NFL Mathlete John Urschel who has been known to sleep in his Nissan Versa*. The world seems refreshed to see examples of high-wealth people living lifestyles of below-average consumption.
But one of the most interesting articles in recent memory has been making the rounds on social media this month, and it has fired up many Mustachians because it combines just enough spirited and uplifting “Fuck Yeah” insight on the good life, with a well-intentioned but horribly wrong conclusion. It’s well written and very persuasive. With 2.3 million “likes” on Facebook (up from 1.2m last time I checked), it has probably fooled thousands of financially suicidal people into thinking they are not sabotaging their own lives after all. In fact, I suspect that article has gone viral because it tells people exactly what they want to hear: “Go ahead, be irresponsible and party on. This is the path to a better future.”
The article is called “If You Have Savings in Your 20s, You’re Doing Something Wrong.” To be fair, it appeared in Elite Daily, which is somewhat of a notorious clickbait forward-this-to-your-facebook-friends content mill** to begin with. But there are some brains behind the article and I agreed with about half of it, so it is worth properly ridiculing the conclusion right here, in order to Fix the Internet.
So the author, Lauren Martin, seems to be a young, fun-loving person living in New York City. Having recently spent a few days there doing the old “Ha ha haah, aren’t our lives so prosperous!” clinking of cocktail glasses in expensive restaurants with attractive entrepreneurial people and delicious food flying around everywhere, I have a fresh memory of the vibe of that lifestyle. It makes you feel powerful, and feeling powerful is a useful precursor to actually being powerful – gaining the power to live a happy and excellent life.
So she goes into this narrative about how she came to the city with an overly frugal mindset, worried about money and denying herself the pleasures of restaurants, clubbing and taxi rides. A wiser friend encouraged her to loosen up: “Don’t save money. Make more money.”
This leads to a series of enthusiastic verses like these:
“When you live your life around your retirement fund, you may as well retire now. You can’t make a mark on the world if you’re too cheap to live in it.
Refusing to give yourself the luxury of enjoying your money negates the whole point of making it.
Your 20s are not the time to save; they’re the time to gamble. $200 a month isn’t going to make the dent that a $60,000 pay raise will after spending all those nights out networking.”
Sounds reasonable, right? How could I take exception with any of that?
I take exception because I’ve been in exactly that place. I arrived in my 20s with just the same sparky excitement for the big city, fun nights out, rapid career advancement and living to its fullest. Most motivated young people show up with the same dreams.
The difference is how you come out of those 20s. At best, the advice above will get you some good memories, a strong career, a slightly larger waistline and weaker liver, and a negligible net worth. Better than the average fate, but a huge waste of an opportunity if you ask me.
With just a slight tweak on the money strategy, I came out with the same exhilarating decade of memories, good friends around the continent, and a beautiful and accomplished soon-to-be-wife. With the added benefits of a leathery shell of Life Battle Armor from the explosion of good-old-fashioned hard work and sacrifice, and the better part of a million dollars, which has continued to support the good life and grow to this day just before my 41st birthday.
Because here’s the thing about your 20s. They are the time to work. The very, very best time in your life to work your ass off and create an exponential snowball of money, skills, and friendships. Your brain will never be more sponge-like and inexhaustible. You will never feel more motivated and less cynical than you do now. And you will never have another decade of pre-childraising freedom in your life. For the roughly 90% of people who plan to have children at some point make note of the following two bricks of wisdom:
• No matter how much you like working right now, Shit can get Old … fast.
• Kids are way more work than you expect, accelerating the aging of the aforementioned Shit.
These days, kids tend to happen in your 30s. If you attempt that feat with nothing but a well-networked career and a hangover, your life will suck. You need to be well back from the financial cliff, not worried about how you’ll cover the next round of bill payments if you lose your job. It works even better if you’re completely financially independent by that point.
Gaining your Pleasure through Creation, not Consumption
The Elite Daily article builds its case around advancement, networking, and socialization. All good things, to be sure, but also a bit of an illusion. We all like to fantasize about a $60,000 raise brought about by drinking the right mixed drinks in the company of the right influential people. And sure, maybe occasionally things like that do happen. But to think of this as an actual strategy for getting ahead is roughly as smart as bringing your lucky numbers to the lottery vendor faithfully every week and crossing your fingers for the big win. In real life (even New York City real life), you get paid for getting really difficult shit done, better than anybody else can do it.
This means fiddling with meticulous, gigantic spreadsheets at 11:56 PM so you can get the impressively casual email to the department polished and sent by 2:30am. Or wiring your brain to source code and compiler windows spread out across three 34″ monitors on your stand-up desk while you design software in zen-like silence at 6am before everyone else shows up at work. Or revising and re-researching your latest article for Elite Daily for the 55th time so it’s better and more viral than any article ever written before. It means training your body and mind in your off hours so that you can perform better than anyone else in the on hours. Inhaling books on investment, psychology, nutrition. Barbells and pullup racks in your apartment where your peers keep the Louis Vuitton purses and Apple products. Mixed greens in your apartment fridge where your peers keep redbulls and $50 bottles of vodka.
Sure, there’s more to life than work. There’s plenty of room at the edges for laughs over fine tequila and winks over surreptitious servings of weed. You can dance and feast and have ill-advised romances and circulate in the penthouse parties of billionaires. But this stuff is just the icing. It doesn’t make a good foundation. Work is the foundation, and all other activities need to be metered carefully to fit around that core of work.
Once you become an Actual Rich Person, with a business drowning in opportunities but short on talent and you deal regularly in financial figures that contain more than one comma, you start to see how this works. It’s easy to have a successful business if you can find really smart people who are willing to do really hard work for you, in exchange for a high salary. But all these younger people seem to just want to sit around and network and have cocktails. All the hard workers already run their own company. When you find that rare eligible workhorse, you grab her and shower her with money and opportunity, hoping she will accept. You need to be that lone workhorse, getting stuff done while everyone else is out late and living off of credit cards and parental subsidies. This is where money comes from.
Luckily, this is a happy situation and something to celebrate rather than dread. Doing your ultimate work is the core of human satisfaction. Filling the rest of your life with fun around this core makes things even better.
If work is your core rather than buying yourself treats, money automatically takes care of itself. This means you don’t need to painfully crimp your lifestyle to dribble a few percent of your income into savings. Instead you painstakingly design your lifestyle so you end up keeping and investing more than half of what you earn. Not hundreds per year. Tens or hundreds of thousands per year.
Sure, you’ll blow a few hundred here and there, but you won’t do something completely apeshit like buying a multi-thousand-dollar wardrobe or financing a new car. These would just be distractions from your real life goals, so why would you allow them to steal your focus?
Working with this level of focus brings you an unusually high income. Balancing it with less personal pampering allows you to spend less than everyone else while feeling like you are living like a rock star. The end result is being relatively wealthy while you’re still fairly young, and then realizing it was a damn good thing you did that, because by age 30 you’re ready to start doing your own thing without having the need to pay the bills get in the way of it. This leads us to our final brick of wisdom for 20 somethings:
•There is a lot more to life than your 20s, and if you do it right, life keeps getting more fun.
Those suburban people who you see who are depressed and in debt and horribly out of shape are the ones who didn’t get a handle on things at your age. Those who are free and fit and healthy are the ones who completely ignored the advice found in the Elite Daily article.
Which path do you choose for yourself, for that 70 year period that follows your 20s?
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* The Major League players who are living frugal lifestyles include John Urschel, Ryan Broyles, Alfred Morris and Daniel Norris.
** And no offense Elite D – you’re just a modern incarnation of entertainment/opinion magazine and I can imagine it’s probably a fun place to work. I’m sure you are used to criticism just like I am. But since you happened to tread on my territory I thought it would be great to use you as a lesson in class ;-)
You might also like:
Happiness is the Only Logical Pursuit
How Rich are You? Find your Net Worth, Spending, and Savings Rate
Jim Wang September 29, 2015, 1:00 pm
There’s a case to be made for not being so frugal you just save save save, but the answer isn’t to swing to the other side. I spent the first few years of my 20s going to bars, hanging out with friends, and “networking” (yeah ok, it’s mostly drinking and having fun). Then I saw myself get fatter, slower, less energetic, and I figured out that, wait, you can do a ton of “networking” without the bar tab or caloric surplus.
Your 20s are about taking risks and working hard because your time constraints (and stress and energy) are so much less. Take a gamble on a new career because you can, you don’t have four mouths to feed at home.
And like you said, the best thing you can do is set yourself up for your 30s and 40s with a good career (and life) trajectory, rather than saddled with debt. I was lucky in that I just added a few pounds, I didn’t rack up high interest debt or a ridiculous car payment.
Stockbeard September 30, 2015, 12:26 pm
Totally agree here. It’s all about balance, and the problem with the article mentioned hare is that the article is all about excess.
The author might be well intentioned, saying that it’s ok to “let go” once in a while, but the message really comes across as “just go crazy with your money while you’re young, as this money is worth much less than what you’ll make after you get a raise”. Which is completely dismissing the power of compound interest and showing really little knowledge about how savings actually work.
Now that I realize how this girl in her twenties should really be listening carefully to us who are already in our thirties, I’m going to take my own advice here and listen to what people in their 40’s and fifties have to tell me. Any takers?
Danny September 30, 2015, 2:53 pm
The irony here is that the Elite Daily writers are probably getting paid almost nothing for NYC to write their articles. Now, there’s nothing wrong or shameful about making a low salary, but I don’t need someone with no experience with the highly paid professional lifestyle telling me how to get ahead, when they haven’t yet managed to do it themselves.
It reads a lot like the dating advice I’d write on sites like reddit because I thought I was so smart and understood everything. Turns out, I lacked a lot of key experience to be giving… well, anyone advice.
Mary September 30, 2015, 5:17 pm
This 50 year old says “Amen”. Just left my job after 28 years of drudgery because I finally had enough “f@*$ you” money to do it and 3 kids graduated from college debt free. You never know when that feeling of not being able to keep getting up to do the same old thing is going to hit. If I had it to do again I would have started my career in that situation instead of ending there! The feeling of freedom to know that my financial needs are met so that I can do what I want is amazing, so I can only imagine the possibilities if I had only been 30 years old when I left. You’d better believe I let all the young people I know that there isn’t a possession in the world that can replace that.
Daryl Gerke October 2, 2015, 9:12 am
Congratulations Mary — this 69 year old engineer says “Amen” too! Laid off at age 23 with a pregnant wife, I got a quick lesson in frugality. Or maybe a reminder, as my dad died when I was 14. Life has a way of throwing curve balls.
In any event, we immediately went into MMM mode. Bought an old house well below our means. Had a good time fixing it up, and learned a lot along the way. Bought used cars and did the same. Lived close enough to work to walk in decent weather. Rode the bus. Saved what we could, and never felt deprived.
By age 40, was not FI, but did have enough “f@*k you” money to start an engineering consulting firm. The freedom and independence were priceless. But even with financial success, we maintained the “live beneath our means mentality.”
By age 50, reached FI – painlessly. Almost 20 years later, still working on projects I enjoy, while avoiding those I don’t. Still happily married, with two kids and six grandchildren. Like Mary, we got our two kids through college debt free too.
If MMM had been around in my 20s, I would have been a rabid disciple. The bottom line — MMM is right — the fools who piss away their money are wrong. Thanks for listening to this happy old curmudgeon. And thanks to MMM for spreading the word!
Buck Duster October 5, 2015, 1:55 pm
50 comes a lot sooner than you think. We maxed-out IRA’s in our twenties, started maxing out the 401(k) in our thirties, a bit in college funds in thirties and forties. At 50, works seems a lot less interesting, but life outside of work is now much more interesting. It was not hard: low cost index funds, buying less house than we were told we could afford and ten-year old cars with 200 thousand miles. We still managed to live the good life all of these years. Of course, luck comes into play as well. I met and married the perfect woman and we raised two great kids without any major issues. Life could not be better.
Anthea November 23, 2015, 11:24 pm
There are some really great success stories here.
I’m 59 and getting a very late start. Divorcing after 30 years and as the stay-at-home parent most of those years, I worked part-time not making much but did earn good medical benefits for my family. My spouse took charge of the money. I thought we lived frugally, but reading here shows it was less frugal than I thought.
I have a lot to learn about managing and growing my money when the divorce is final. Luckily we put both of our kids through college debt free. Not so for me. After a layoff in 2009 when I was a young 53 — and after 10 years with Starbucks — I spent a year unable to find decent work. I enrolled in college (2 years locally, 2 across the country at a great 4-year college). I believed the only thing between me and the job of my dreams was a degree. Now the rose-colored glasses are off and it’s nearly time to set out on my own with a meager income and the slim divided funds from the divorce.
I came here to learn how I might kickstart my financial future. Living frugally and simply is truly what I prefer, so that’s not a problem for me. I enjoy it. I was hoping to find some feedback that applies to folks like me who didn’t make all the right moves financially in their 20s, 30s, 40s, or 50s.
I posted on another thread that I’m considering paying cash for a mobile tiny home (Tiny Heirloom) hoping that might be the first step toward more financial freedom and a very simplified lifestyle.
Looking forward to learning more here!
Free Money Minute September 30, 2015, 2:42 pm
It is so difficult to make it through without gaining a few extra pounds. I was able to save some money, but sitting in an office adds up over time. ;-)
Kareni September 30, 2015, 5:54 pm
Gene October 11, 2015, 3:11 pm
MyFitnessPal helped me to watch my calories and helped me to lose 26 pounds in 2 months. It sure kept me aware of what I was eating but it got me trying to cut the calories a bit too much. I have been eating the Grok way these days and find that the weight comes of rather quickly and I have a whole lot more energy.
Kyle October 1, 2015, 2:51 pm
Exactly, networking doesn’t mean spending $100+ on high end liquor in one night. In fact, if you’re that tanked, I don’t think you’re leaving a good impression on the people you’re trying to “network” with.
These excuses Lauren writes about are just the standard excuses ultra consumerists regurgitate to make themselves feel better about spending beyond their means and living paycheck to paycheck. And yes, they will totally be those depressed looking people in suburbia in their 30’s with debt up to their eyeballs.
Lauren will be writing pieces on her debt issues and unacceptably low wage soon.
Frugal Father October 3, 2015, 9:32 pm
“When you’re 40, you’re not going to look back on your 20s and be grateful for the few thousand you saved. You’re going to be full of regret.”
Well at least she got this last point right, just not in the way she intended. :P
grisly_atoms January 2, 2017, 5:27 pm
Well, Kyle, just so ya know, in New York City it is hard to get tanked spending only $100 on high end liquor. ;)
kiwano November 7, 2015, 7:00 pm
It’s a pity none of the ballsy speculative investments I made in my 20s really paid off. Though at least they didn’t run up a credit card bill, margin account, or other related horror, or leave me out of shape…
Katie September 29, 2015, 1:07 pm
Curious to what the advice would be to people who already have kids in their 20s.
Jim Wang September 29, 2015, 1:23 pm
You can still take bets, you just have to be more careful about the downside. So switching jobs to one with better career prospects is still on the table but quitting to start your own business from scratch would likely be too risky.
John September 29, 2015, 2:10 pm
I wouldn’t preclude a business: this can be done on the side to actually make your income statement more robust. When the time is right, the primary income source can be cut. A great company job is nice, but that company could be bought laying off all those talented people. A so-so company or bad one could simply go out of business, don’t cling to them, plan for the day that they can no longer support you for whatever reason, or the day you no longer wish to support them because i guarantee that day will come for one of you.
This is exactly what is over the horizon for me: get some more ridiculous salary and start a lifestyle business leveraging all those very talented people i’ve met, learned from and helped over the last few years.
Jim Wang September 30, 2015, 4:23 am
I agree 100%, I was just talking about the case of quitting to start a business from scratch. I think everyone should have a side business/hobby that makes money, then switch over if it grows large enough. There’s much less risk there.
I’ve always believed that when you work a company, regardless of what you do, there are smarter, hungrier, and less time-constrained folks graduating each year who can do your job. You need some insurance and a side business is it.
Maxwell C. October 2, 2015, 8:42 pm
Those same new graduates will also destroy your business with theirs, through competition. Owning ones own business isn’t a Magical panacea. Some of the richest, earliest-FI people I have met never even *considered* owning their own business.
John October 27, 2015, 2:45 pm
Maxwell, exactly how does your jaded perspective make sense? You are essentially saying “Don’t start a business, even on the side, because ‘new graduates will also destroy your business with theirs…'”
Of course starting a business isn’t a “magical panacea,” but that’s no reason from discouraging people from researching and implementing their ideas.
I started a business around 40 and in just under 17 years it has made me wealthy. I shudder to think what might have been had I worked for someone else. F** that ; )
Matt September 29, 2015, 1:28 pm
Being in that situation myself (I actually started working hard about a year before my son was born, and discovered MMM and embraced Mustachianism around 4 months prior), this is my approach: Cut out the working long hours part of MMM’s 20s-with-no-kids piece above, but still work hard, do good work, and strive to always be better in your field, and apply the same logic to not being wasteful with your spending. So far I’ve been rewarded career-wise and I make enough so my wife can stay home to raise kids without having to put in much overtime, while being able to save nearly 50% of my gross salary. I’ll be working a few years longer than someone who didn’t have kids in their 20s, but it’s worth it to me!
Money Sloth September 29, 2015, 10:58 pm
I’ve also had good luck with the approach Matt lays out here.
When you have a young family, you don’t have the sheer amount of hours that others do to put into your work. You have equally valuable assets, though: focus and determination to make things better for your family. As long as you use those to identify what’s important and get the most out of your minutes, you can get important results quickly, both in your career and in your finances.
JD September 30, 2015, 8:17 am
I agree with cutting out the long hours. Not necessary to work hard and be productive. It can actually be counter productive. If you really stay focused during work hours you’ll get way more done than 95% of people that allow distractions and non- critical tasks to fill up their day and need overtime to get the real work done.
VB September 30, 2015, 2:15 pm
There’s another side too, though. Work life balance is great, but, as an engineer in his mid 20s, I love my research, and care deeply about it. Avoiding long hours would basically mean depriving myself of the actual fun I have writing code.
Patrick October 2, 2015, 5:25 pm
I just turned 30 recently and felt the way you did two years ago. Now all I think about is retiring ASAP. As MMM so astutely put it: stuff gets old FAST.
Doug October 7, 2015, 9:07 pm
I also agree with the idea of cutting out long hours. In different places I worked, I remember many employees who wanted overtime for the extra pay. Myself I would work the extra hours if it was required, but preferred not to work overtime. I wanted to have something that resembles a life outside of work. If you want to accumulate wealth, it’s easier to cut your expenses. Personally, I would have preferred to work less, like a 4 day week. We would all be better off if everyone worked less hours and turned those fewer hours into more jobs.
John September 29, 2015, 1:36 pm
TL;DR: one spouse works their ass off, the other focuses on kids. 10 years later, if the hard work paid off, the single salary comfortably supports everyone.
My life’s core was around hard work throughout my late teens and all of my 20’s (everyone assumed i went to university, but when you work in your primary interest, you don’t need to). during that time, i only worked for 2 companies. at the end of the second company, i had a good salary. months before i turned 30, i started at the third company for a ridiculous salary, a salary i was aiming for by the time i was 40. all that hard work from 18 to 29 turned into a lottery ticket. i was exactly what that company needed, exactly when they needed it and they paid me the highest number i could imagine (should have imagined higher, doh!).
kids? by that point, we had two kids already. neither planned, just kinda happened. but now in my very early thirties, i don’t work very long hours any more. occasionally i’m gone for a week on travel but most of the time, i’m home before 5pm with enough energy to have nerf wars at the park down the street or occasionally a video game with my son (man i used to love video games, not so much any more). the salary is so large that we save 50%, live in a 2000 sq ft mansion (sorry MMM!) and my wife stays home to pursue her interests when not taking care of the kids. in the mid 20’s we tried the day care double job thing and could not understand how on earth anyone would do this, let alone this being the norm, so we made it our goal that one of us would focus on the kids.
Downside? my wife has decimated her career from not working for the last several years. She would need to go back to school and would probably go into something else… if she ever wants to. we are not considering that until both kids are established in school or a school alternative, still figuring that one out. the benefit from her being available all the time, and me being available more than 50% of the time is too sweet.
yeah it’s nice now but it wasn’t always like that. i’ve wanted to quit so many times over the past decade-plus. i’ve wanted to leave it all behind, move back with my parents and give up. or go live in the carribean doing nothing for 6 months. but i didn’t, and now as my future self looking back, i’m very grateful for all the hard work, shitty hours, overnight shifts, corporate bullshit, bad boses, re-orgs, quarterly reviews and entry level wages that my past ,self accepted in exchange for what i have today. Past Self; you were a god damned work horse. I’d never do half that crap for the money you were paid now but look where it got us. Thanks bud!
Justin September 30, 2015, 7:34 am
John – I loved this! This is me too! :)
Ellen October 2, 2015, 2:05 am
Wow, we did the very same thing, with the exception that I started working again from home. Had kids in our 20’s. Husband worked full-time, I stayed home with the kids. We always lived frugally. After the third kid was born I started a small online business from home, just because I was bored and I loved the internet. Fast forward 15 years: husband and I run successful businesses, we had some bad years in the progress, but we had lots of time to spend with our kids in those years and kids aren’t really that expensive when they’re young. Now the oldest two are in college, we pay for their education, we live in a nice home and still save lots of money. If we keep this up we’ll be retired by the time our youngest finishes university.
Leslie September 30, 2015, 11:16 am
I
Tom September 30, 2015, 11:31 am
It has been hard as shit for us. Wife got pregnant before finishing her degree (accident…we have 2 now). I was in the process of starting a bookkeeping business when this all happened and I had to find a job asap. Found the position I am currently in and agreed to a contract that would help me finish my CPA in exchange for staying here for about 4 years. Fortunately this time will be up in January, but due to the nature I have missed out on 4 years of decent raises. I started at 40k and am up to 47.5k at the moment, we can’t seem to find anything that makes sense for my wife to do that child care costs don’t eat up.
The things that I would say have been the hardest to deal with is:
Living away from immediate family, so no grandparents to watch kids.
Wife not finishing her degree.
Being stuck in a low paying job for an extended period of time, and having difficulties dealing with standard emergencies (ER visits, car problems etc).
I’ve been all about frugality since before MMM existed, but even for us things have been extraordinarily difficult and I believe that if anyone could avoid any of those situation above you would be able to do pretty well. Kids prior to near financial independence, or at the very least decent career advancement, is extremely hard to deal with. I constantly juggle with trying to build side business, work above and beyond at the job, and family time and the side business work is what falls off first since family truly is most important.
I am in the process of lining up new work for January when I can leave my current position and I see bright stars in the future, so it’s not all bad.
Angela September 30, 2015, 12:18 pm
If I could go back to school and get a decent degree and not the POS degree I got in Sociology from a top school I would. I made the wrong decision at 20 and now in my early 30s, with one child and another on the way I feel trapped. I completely agree that raising kids can be incredibly difficult and the child care costs alone are frightening. I find that now I have to work until the kids start school so we can afford for me to go back to school to get another degree. Not fun, and not looking forward to doing school AGAIN with children to look after and guide. If I could talk to my 20 year old self I would say take the risk now and put in the effort now. You will never have the time again!!!
ps I’ve been at the same job for 7 years, my salary has increased from 46 to 53. Talk about crappy!!!
N September 30, 2015, 2:17 pm
Hi, even with a sociology degree there are well paid jobs – like in market research for example.
Debbie M September 30, 2015, 5:25 pm
My highest salary ever was 44K, with 27 years at the same employer. I had a BA in psychology and an MA in sociology. So 46 to 53 sounds awesome to me. (I do live in a real city, though not in one of the super expensive ones.)
Jason October 1, 2015, 6:59 pm
Look into the insurance biz. My dad’s bud has his under grad in history and is an adjuster. I wanted to be a history teacher but all my history teachers were coach’s too. Blows dude, but underwater basket weaving don’t pay the bills. Computers or health is where the money is.
greg October 2, 2015, 9:50 pm
as someone who still doesn’t have kids most of the way into bare-bones financial independence, I must say you’re right that it’s a LOT easier. Since I have started talking about kids and a place to settle down willingly where prices are pretty darn high, it does make me realize how much farther there is to go when adding all that on.
I really admire your drive and attitude, and definitely sympathize even more now that some of the realities are hitting me in the face as I crunch numbers.
But MMM-style, I’ll still have the opportunity to approach things from more of that “place of power” =)
MadScientist September 30, 2015, 12:22 pm
Shit, yes! How DO you deal? I’ve been trying to figure this out for the past few years. My wife and I got married three years ago, we were both in our last year of school. We planned to have kids in 5-10 years. Instead, the statistically best birth control in the world FAILED and she got pregnant in 5 months.
Thankfully my physics degree is highly employable and gave me a pretty solid starting salary, so I got a good job a few months before he was born, but it is SO. MUCH. HARDER. to save on one salary, with a kid already. Thankfully we’re in Quebec where daycare is heavily subsidized, so my wife working for minimum wage is actually better than nothing. She just started a couple months ago, so now we can save a lot more than before. Still not really early retirement territory though. More like “probably before my grandkids are in school” retirement. So any tips on income maximization with kids is desperately needed, I presume not only for me!
Thirty something October 8, 2015, 5:35 pm
Do you mean 2nd best birth control? Last time I checked abstinence had a near perfect success rate.
We are expecting baby #5 soon and with one income it slows things, but the little ankle biters are amazing. And even if we take longer, we are enjoying the ride. We did start saving in our 20’s though – against the advice of elitedaily. But I feel pretty good about that decision and our current trajectory.
Pat October 9, 2015, 6:14 am
You did notice that they are married? Abstinence would not normally be considered a viable method of pregnancy prevention for a married couple. Not to mention (for those going that route) that “almost sex” has resulted in pregnancy, although rarely.
It used to be that IUDs were only recommended for a woman who had already been pregnant, but there is a new one out that is OK for never-pregnant women. MadScientist didn’t indicate whether his wife had an IUD or was on birth-control pills (both are pretty effective, neither 100%) but they have options for the future.
Thirty something October 10, 2015, 3:53 pm
I did and I wouldn’t expect married people to abstain. Just saying 99.9% effective still isn’t 100%. So they probably used the “second most effective” form of birth control based on numbers. I’m surprised at the number of our friends who have had similar results (eg pregnancy) despite 99.9% effective contraceptives. And others who have tried (lots of things) to get pregnant and failed. Didn’t mean to get off topic – just thought it was an entertaining aside. I’ll stop.
emily October 13, 2015, 4:49 am
Perhaps you are looking at the wrong part of your retirement goal. Mustachian retirement is both Financial Independance and Free Time to do whatever you want.
Your wife going back to work on minimum wage (I would say about 9 CAD dollars in Québec) and having your child in daycare (I think it is still 7 CAD a day) is, yes, economically justifiable.
But since you decided to have a baby (accident or no, keeping a baby is a choice, so try to look at it in this positive lighting) you could decide to live your Free Time part of retirement now.
As a disclaimer, I did realize my pregnancy too late for abortion anyway, but let’s say adoption could have always been an option, count out all emotion. (I didn’t count out emotion, I love my girl – plus I was in a relationship and 26, so realy I jumped in happily but this reader seems to feel caught in it… I’m just sayin’… babies are not a plague, they are something you willingly, -naively ! wink wink – take on )
And because I feel like talking about myself, I got pregnant on the pill, with interrupted intercourse (that was a bad few month in my couple so i am absolutely sure this is the only reasonable non-alien abduction way I could have gotten pregnant ) – don’t trust natural or medical birth control people ;) !!!
Back to the subjet, maybe you want to reevaluate your goals now that you have a family : perhaps the Free Time part of retirment is what is more apealing/needed right now, the Financial Independant part can come later.
Perhaps your wife enjoys going back to work, I know I did for a few months, then ‘stash that extra as quickly as possible because shit gets old of course, and babies get sick often especially in daycare, and someone will be taking lots of days off, and employers might not like that, and one of you might start to feel guilty about not being 100% at work, or might feel guilty about not being 100% at home, you know…
All is about attitude. If you embrace double work, child in daycare, embrace it fully. If you decide to have one worker bee at home and one outside, embrace it fully.
Don’t make early retirement an extra weight on your young family.
All the while, you can of course live below your means and save save save.
Just don’t get blinded by FI just like others get blinded by new cars and granite countertops. What matters is living without regrets.
For me, going back to work for minimum wage while having my baby away most of the (awake) day, just to stack money to be free from work in my 40s (when the child is 20) doesn’t sound great.
She could (still) get any job at minimum wage when the child is 5 and goes to free public school, if she feels like me that the younger years are very important and fulfulling for the mother and child.
I’m not taking into account compound interest of saving now rather thant 4 years from now a minimum-wage salary.
If she had a career going like me, perhaps the choice would be harder because you can’t make up for lost experience or being out of touch for too long. Also the salary is often double or more minimum wage. What are the first years of a child worth ? Huge question.
Do I want to take care of a child full time or do a grown-up job and feel good about myself that way? Huge/personnal questions !
I can totally understand if the final choice is still her working and baby going to daycare.
Unfortunately I think that’s a compromise one has to make once you start a family.
KharymR November 2, 2015, 10:15 am
If you watch a few of Tony Robbins’s videos you’ll hear him say how he promised himself to never have kids until he was financially secure, but things didn’t plan out as he’d hoped at the time and his wife became pregnant. He then wen’t from earning in the region of $30,000 to $1,000,000 within 12 months, and did consecutively for the next 7 years until he decided to increase it.
Tony has really changed my perspective on certain things so I would definitely recommend his videos such as the ‘hour of power’.
Hope things workout for your family :)
Jessica September 30, 2015, 1:04 pm
For my husband and I it looked like this. Lots of tilting toward and then away from careers, and taking turns doing it. I make significantly more and have the more established career, so I’ve stayed working at some % the whole time.
-The first couple of yrs after our first was born were hard. I traveled a lot for work (worked from home the rest of the time), he worked FT also.
-after our 2nd was born, he quit his job and stayed home with the kids for a few yrs. We traveled for business as a family, often.
-When our youngest reached preschool age, he went back to work while I went down to part time to support that change at home
-I’ve now advanced in my career to a different role, and work completely from home. I have the flexibility–and choose to–work on east coast hours (I’m on the west coast)- so I work a traditional FT job, but am done by the time my older child gets off the school bus. In a year they’ll both be in school and we’ll have no need for afterschool care, ever. We choose to limit our kids’ activities so that most afternoons are slow-paced and child-led…..and we’re also not spending the extra money and feeling frazzled about the self-inflicted obligations.
I didn’t get into the whole frugal lifestyle until after we already had kids and bought a (foreclosed, affordable) house, so it’s been a lot of “making do” with our choices thus far, and cutting costs in the obvious ways. But I feel like we’re reaching a good spot where our savings % will be able to take off and stay there permanently, while our income also just got a boost with me going back up to FT. I plan to put that on autopilot and evaluate the options in a few years…..at which time I’ll still be under 35. Bottom line- there are employers/lines of work out there that are more family-friendly and flexible, and actively pursuing those has been crucial to achieving a family/work balance we are happy with, while also maintaining both of our careers-which allows us to make/save more.
Mary-Ellen September 30, 2015, 2:42 pm
I would love to hear more about how you were able to make career moves that complimented family time and minimized the need for child care. We are working on making a plan before kids come and it will probably involve a career change or two. And I am a bit stressed about making good decisions in that regard.
Jessica September 30, 2015, 3:45 pm
I pursued a specific role within an industry, that I knew had homebased employees as a standard, and went from there (it also used my degree and I find it interesting/valuable, etc..). My husband still works in an office, but with more experience there are more flexible avenues he could pursue if he wanted. Going into a job search with an eye for options like telecommuting, flexible schedule, or part-time work are good ideas. Or, if you’re already established- presenting those ideas to your management (this has worked for both of us with our employers—there’s usually no harm in asking). And just to be clear—we have definitely needed childcare. :-) But being able to opt to work the early hours makes me more available to them, and reduces the cost, especially as we enter the school-aged years. We also didn’t hesitate to have my husband stay home when the childcare costs would have been eating up his take-home pay anyway–so I would say to keep an open mind to all the options and be willing to make changes as life changes.
Mary-Ellen October 1, 2015, 10:12 am
Thanks!
Ellen October 2, 2015, 2:53 am
We started a business from home. I started it, my husband joined it after 3 years when it generated enough income (= equal to his full-time job). We both worked the hours the kids were at school, we alternated working when they were home. There were lots of late-night and weekend-hours involved, so be prepared to work hard! It took us almost 10 years to really get ahead, like: earn substantially more than my husband made on his job.
Penny September 29, 2015, 1:09 pm
“Getting really difficult shit done, better than anybody else can do it.” That comment is everything. Of course networking and fostering relationships is important, but so is buckling down and getting to work. I have quite a few coworkers that seem to want to skate by throughout our 20s–and it looks like they’re having a great time–but I am confident many of them will be kicking themselves later on in life. Society excels at seizing the moment, and we suck at delayed gratification for the most part. There’s something to be said for balance, but ultimately, I want to do something today that I’ll look back on and be proud of.
Jim Wang September 29, 2015, 1:25 pm
Networking is like marketing, you still need a solid product or you’re just spreading the word about how crappy of a product you have. Networking but not being able to do work, not that valuable. :)
Mike October 14, 2015, 8:38 am
When I was 18, my high school chemistry teacher gave me one of the best pearls of wisdom I have ever received, as a send-off to college. He said “You can play for the next 4 years and work for the rest of your life, or you can work for the next 4 years and play for the rest of your life”. That has stuck with me ever since. It should be extended through your 20’s. This was the late 80’s, so the term “Mustachianism” hadn’t even been invented, but a lot of people were Mustachians.
Lucas September 29, 2015, 1:11 pm
Way to lay the smack down! People don’t get paid based on the number of people they met and schmoozed at dinner parties. They absolutely get paid based on being able to solve problems, do things better, or see new opportunities better than others. Working hard while learning as much as you can is key. Exploring different experiences and viewpoints is invaluable. You can get this mostly free and you certainly can’t get it by doing what everyone else is doing.
Kathy September 29, 2015, 1:23 pm
I’m in my early 20’s and most of my friends think like Lauren Martin. They think I’m weird for not wanting to live in DC where everyone else lives (in extremely expensive apartments), depriving myself of shopping sprees and for being excited about saving money. I think it’s weird that they are cool with living paycheck to paycheck, a 45 min commute and accumulating credit card debt. Difference of opinion I suppose.
Kathy, any suggestions for moving to DC? I’ll be moving from San Diego and working near the Kennedy center… Selling both cars and living in the city seemed like the best option, but maybe not?…
Kyle C September 29, 2015, 2:16 pm
Dj, try it without a car for sure. Bike, mass transit & Zip car will get you around. Cheapest digs in DC are the proverbial group houses, but if you’re too old for that focus your home search across the river in Arlington. If you don’t mind a longer Metro commute try along the blue line in Maryland. My 2 cents as a DC oldster. Welcome and good luck!
Kathy September 29, 2015, 2:20 pm
It depends on your price point and what kind of lifestyle you want. The Kennedy center is in Georgetown, notoriously expensive and not metro accessible. You could try Arlington, VA since it’s nearby, has an active night life and lots of young people in need of roommates- Still expensive, but you could rent a room under $1000/month there. DC is a small city so if you do choose to live in the city you don’t need/want a car (some of my friends use Zip cars/uber). We have the worst traffic in the US now so living close to work is ideal.
Runrooster September 30, 2015, 7:23 am
Actually KC is a five minute walk from Foggy Bottom metro, and there are lots of students and youngsters to share with in that area or Rosslyn. If you work in the burbs, live there and commute in for the occasional evening, sure. But I was also spending crazy hours at work, like mmm says about being more productive in the early mornings or late evenings. Metro is great, but don’t expect to get anything done in packed train cars or half asleep mode. Subway is pricy too , so think about whether you want to pay $300 and 60 hours a month to save a few bucks on rent.
Andrew C September 30, 2015, 8:39 am
The Kennedy Center is less than a 10 minute walk from the Foggy Bottom Metro Station.
Barb September 30, 2015, 6:39 pm
What did I miss? This retiree used to walk from the metro to the Kennedy center all the time.
Kathy October 1, 2015, 9:31 am
Sorry- I meant living in Georgetown (nearby neighborhood) isn’t metro friendly, not the Kennedy center.
Kris September 29, 2015, 2:32 pm
Definitely sell the cars. I lived in DC (in the actual city) for 13 years without a car and managed to save well over half my not-so-large salary. I lived with roommates throughout my 20s and into my early 30s; in DC I found it to be normal and socially acceptable for people to share a house with roommates at practically any age. It is a very bike-friendly city these days too. Coming from San Diego you’ll probably be able to save even more than you do now. Apartment prices are leveling off too due to a combination of over-building in boom times and a gradual reduction in the Federal workforce and contractor spending.
Meg September 29, 2015, 2:35 pm
Depends on your lifestyle, but there are also lots of group houses for young people! You can get a room in a house for $700-1000, easily. Look on Craigslist. Bus system is great.The Metro has had a lot of bad press lately but all in all, can’t complain too much about it. From a biking perspective, Kennedy Center is downhill from the rest of DC so it would be an easy bike commute! While having a car is nice for the occasional Costco run, parking is hard to find on the street and expensive in a garage, so I would recommend that you sell one or both of your cars. I use Car2Go (40 cents a minute) when I need to zip from point a to point b. I LOVE DC, hope you will too!
Meowkins September 29, 2015, 3:22 pm
There is a DC group of mustachians you can hook into on the forum. I agree with Kathy, your best bet is living in Arlington, VA if you’re going to be working at Kennedy center. The orange line near the Vienna end (Ballston, Courthouse, etc.) is likely your best bet – check out wmata.com. You could also check out Crystal City & Braddock Road for affordable areas near the metro, but I guess a slightly longer metro commute.
I haven’t had a car for the four years I’ve lived in DC. I do have a zipcar subscription, but I could live without it if I had to. I think it’s doable and would save you a lot of money, especially if you chose to live 2-3 miles from the metro on a bus line.
Barb September 30, 2015, 6:47 pm
Ill second arlington and Ballston. While I am not a twenty or thirty something, we lived in the DC area for over 20 years. In face we used to live in Alexandria and when we moved we moved in, rather than out. As a family with a teenager who drove, we had a single car. My husband biked to worth.
I do need to add this, and it may apply to marrieds rather than young people. One needs to look at total costs when living somewhere. The DC area has high housing costs. However-there are more groceries per capita than anywhere else I have lived and high competition amongs stores. Loss leaders abound. As do thrift stores, yard sales and swap meets. There are free things to do almost every weekend (admittedly not bar hopping). My total lifestyle cost for a family was less in northern virginia than it is in Denver.
MacGyverIT October 4, 2015, 12:25 pm
What is the tax rate in DC (10%?) versus the tax rate in Arlington, VA? Isn’t there VA state (~6%) and Arlington county (??) tax as well?
Zuai October 28, 2015, 1:05 pm
I also work near the Kennedy center and live in Arlington, specifically off the Virginia Square Metro Stop on the Metro Orange Line. I’m actually splitting a room in a 2br with a friend for $500 a month which is dirt cheap but he is a friend so I’m not sure if you’d want to do that with a random. I could bike 3 miles to work but there is also bus and the Metro for under $6 a day to Foggy Bottom. I personally like this area of Arlington as it has some breathing room and a huge clean park nearby for sporting and such. Its also very safe and quiet at night compared to some parts of DC.
Dj, focus on finding a place in Rosslyn and biking or metro’ing into work. The bike trails are epic in the metro DC area.
In Rosslyn (a neighborhood of Arlington, called after the Rosslyn metro station, right across the river from DC) people tend to work more than live, so it can be way less expensive than in Courthouse or Clarendon (down the street), and very safe, and quiet.
Be wary of anything in SW DC (Anacostia especially) – there are good areas, but you’re not likely to find them from fresh out of state. NW DC can be good, but expensive. I think Rosslyn reaaly is your best bet.
The Arlington govt keeps a listing of apartments and proces, but also keep an eye on Craigslist.
Maggie September 30, 2015, 12:02 pm
Dj, check out Mt Pleasant too. Great neighborhood with lots of group houses and shared apartments, and if you lived there you could bike-commute to Kennedy Center in ~20 minutes almost entirely on trails! See bikewashington.org for trail maps around the city. Also as you investigate neighborhoods don’t forget the bus system. It is cheaper than metro, reaches more neighborhoods, and will let you put your bike on the front if need be (whereas metro allows bikes only on off-peak hours)
Leslie September 30, 2015, 2:12 pm
I have lived in Rockville MD for 3 years. Don’t live in Maryland on the north/northwest side of DC. Insanely expensive rents, housing costs, taxes, living expenses in general. If you don’t end up in DC (avoid SE DC, lots of crime there), Virginia is much better. For example, I pay 20 cents per gallon of gas extra over Virginia prices just across the river. Also, Rosslyn, Crystal City, and Arlington are much shorter commutes to DC. Takes me 35 – 45 minutes one way to Center City DC from my house on the Metro (unless the Metro is f***ing up as usual; then can take much longer); takes much longer to drive (a 2-hour drive to go 23 miles was common). $11+ daily Metro fare to commute. If you are young and single, live close enough to bike to work and you will save a bundle.
Dj September 30, 2015, 10:48 pm
Thanks for the tips everyone–I’ve got a lot to think about!
Christina October 12, 2015, 4:59 am
Living in the area around the Kennedy Center is expensive. Neighborhoods that are close by and affordable are Rosslyn (just across the Potomac, short walk to Georgetown, and a bike ride from the Kennedy Center around one Metro stop-), Glover Park north of Geowrgetown (need to use bus / bike to Kennedy Center), Cathedral Heights (need to use bus / bike to work), Burleigh (same here), Pallisades (same). Expensive areas are walking distance from Metro lines e.g. The red line corridor. You should probably avoid any place that requires you to switch metro lines down town during rush hour on your way to work. if you live in one of the leaflet neighborhoods parking is usually not a major concern, but around the Kenedy Center it’s difficult, so personally I would aim for a car free commute but would keep one to get to places around DC like national parks, beach, mountains, ethnic food markets, etc. Zipcar is expensive if you need it for a day more than once per month.
Meg September 29, 2015, 1:52 pm
What’s so interesting about the Elite Daily article is that she is trying to tell us what our priorities should be. I follow MMM because it’s all about getting your priorities in line, and spending accordingly. Usually once you do that you realize you DON’T need lots of stuff, but treasure the occasional treat and the peace that comes with being mindful of what you are spending. I think you, Kathy, have different priorities than your friends and are more aware of what you truly value! Maybe you can spread some of your frugality to your friends… credit card debt is no joke. But overall good for you for knowing what you value and for spending accordingly!
It’s funny that you mention DC, because I am in my twenties and I actually live in downtown DC! I value what the proximity gives me. I can commute to work via bike, am close to my friends, museums, nightlife, without having to own a car! But there are sacrifices, like having (lots) of roommates and having friends over instead of going out and paying $9 for a Miller Lite. But as I get older and my priorities change, maybe it will be time to adjusting my spending without losing sight of the big picture.
Props to all the twenty-somethings who are seeing the light! And thanks to MMM for leading the way!
Woof! September 29, 2015, 2:19 pm
I’m in the same boat. My coworkers at my last job would, in the same breath, lecture me about living life to the fullest because I only go out to lunch once a week, and then complain that they have no money to pay living expenses + student loans + car payments.
Renee May 29, 2019, 12:22 pm
Kathy, how are you communicating these opinions to your friends? I’ve had such a hard time with peer pressure, going out with friends cause my friends arranged to go out for a special occasion, and living with regret for giving in every time. Don’t know if it’s one of those “no excuses!” sorta things.
I couldn’t believe my eyes when I first saw this article. Of course, the first thing I did was scroll down to the comments. Thankfully EVERY single comment I saw, was criticizing the post.
Sure, tell that to some people I know that are so eyeball-deep in car payments, they can’t afford to drive it anywhere (true story). Maybe it’s self-fulfilling Mustachian prophecy (or paradox?), but the person in my head was thinking along those exact same lines. “I need this! Having a car is supposed to be fun, first and foremost! I deserve this [multi-year arrangement in which I am charged to use my own money to pay for a new car, which is not new considering I drove it off the lot]!”
He’s in his twenties. He and his wife are depressed and stressed all the time. Nothing a little good networking can’t fix, right? I’m sure if he had bought more $20 cocktails, he’d be in a different place. There’s so much wrong with the article in question I can’t even articulate all of my frustrations. Make your mistakes, be stupid, and learn from them. Don’t dig your heels in and fight for your stupidity, don’t try to justify it with some terrible, youthful hubris and worst of all, spread that attitude to other people.
Now if you’ll excuse me, I have a clown-car to sell, because I screwed up and I’m going to fix it.
Signed,
Great post. I appreciate you rebutting this “advice”. I wasted my 20’s financially, unfortunately, and I’m working on catching up. I’m still young enough to go ultra Mustache and retire by 40, but I don’t have as much energy to claw through Excel or keep up with the latest technologies. It’s just not as interesting to me anymore. I hope the 20 – somethings reading this post will think longer term than I did and realize if they save now, they can do whatever they want later and it’s not like you’ll feel too old in your 30s or 40s. Unless you’re still stuck in a cubicle!
Conor September 29, 2015, 1:34 pm
I operate in that beautiful shade of gray. I’m young, I’m in DC, I make decent money. I spend a good amount, I save a good amount. I do pity the types working so hard they don’t have time to exercise or enjoy a few beers.
Productive people find a way to be efficient so that they can accomplish a lot in a small amount of time. Hard work is not a great answer at any age. Some of the people who work the hardest never get ahead. Efficiency, charisma, and smart decision making are much more important than hard work.
luke September 29, 2015, 1:36 pm
How can we discuss money making in your twenties with once mentioning graduate school? In my opinion, this is creation/investment but also causes lost years income. Even with many graduate programs offering stipends, participating in one means that you are foregoing a much higher salary for years while you invest in yourself – both financially and intellectually (more to life than money!). I think both this article and that which is critiqued do a terrible job by making cases for absolutes and assuming that all 20-somethings operate on stereotypes. Let’s be real. Not everyone who is poor in their twenties is that way due to $50 vodka runs. Instead, they might be stuck in a lab working towards a PhD while their former peers are in industry. It is not and never will be a one size fits all solution. I’m labeling both articles (especially the headlines) as clickbait.
Ramparts September 29, 2015, 3:06 pm
Why does grad school have to cause years of lost income? You can go to grad school part time while working full time — no lost income and a nice salary bump when you finish.
Please let me know what jobs you suggest I maintain while in the third and fourth year of medical school. Please let me know how many hours I should devote to my primary aim of becoming a competent physician and matching into my desired competitive specialty, and how many hours to devote to working part-time.
I didn’t waste any time and yet I will be heavily in debt and starting to earn 100k+ in my 30s.
PhD candidates in bench research are in a similar boat. If you spend 80+ hours a week in a lab it’s hard to imagine working a second job.
Ramparts September 30, 2015, 1:55 pm
As I mentioned below, this can depend entirely on your field and what exactly you mean by “grad school”. For me, it meant getting a masters in computer science. For you it sounds like something completely different.
NJFP September 30, 2015, 7:36 pm
I assume you are familiar with the White Coat Investor site, if not please check it out, it is critical for you at your stage. I graduated med school in 1997 with 186K in loans and a five week old baby, I am in Primary Care, my spouse (fellow med student) in Psychiatry. We spiraled deeper and deeper into debt over the years, between paying for daycare and then private schools grades 3-8 for our learning challenged child. Have lived modestly all along and bought a very cheap house in 1999 which rose in value and I was able to pay off Sallie Mae with a 2.89% interest rate heloc on the house, and I still has 163K left to pay back all these years later! Do whatever you can to eliminate that med school debt asap, it can trap you for decades. Geographic arbitrage is key, we are in NJ and on the low end of the pay spectrum for primary care, but I understand that some new FPs start at 200K out west. I know of a Surgeon/Dermatologist couple who got a 700K/year package from a hospital in North Dakota. Downside–they have to live in North Dakota, but will be rolling in it before long.
Døitashimashite October 1, 2015, 5:32 am
For others who are considering the medical field, can I personally recommend looking into the whole wide variety of non-doctor medical specialties, such as medical physics? My wife got a Master’s from Emory, much cheaper than a medical degree. She doesn’t have a “Dr.” in front of her name, but she makes more than a lot of doctors, wears the white coat, and has probably more personal time with patients and control of their care than the assigning oncologists, who are running around doing paperwork.
She’s recently “down-shifted” into two-day a week consulting, at $125/hr. She is VERY happy with her career choice.
The Vigilante November 16, 2015, 2:18 pm
Your job, in the third and fourth year of medical school, is to learn to be a doctor. And to do it better than everyone else so that you earn scholarship money. And then to live incredibly frugally and, if you can, get a small part-time job as well.
I finished law school in 2013 having spent $11-14k each of those three years while also working three jobs – one part-time weekend job during the year (full time during breaks), one as a research assistant to a professor, and one more part-time job when visiting family. It is possible, but not easy.
I should add: You won’t get rich doing that. Even if school is entirely covered by scholarships. You may, if you’re incredibly good, break even. But you won’t get rich. I incurred very heavy student loans during my three years (combined with the four years of undergrad immediately prior) because all of my hours of work meant that I could only almost cover my $11-14k living expenses myself. I borrowed the entirety of the tuition, books, etc., and a little bit of my living expenses. So…yeah, my twenties set me back a bit. But because I took the advice people are trying to give you, I have around $50-100k less debt than my average peers. (Which is hilariously embarrassing when you consider that I owe more than 3X my annual gross salary, at the moment. I can’t imagine being the average doctor/lawyer/PhD)
nicoleandmaggie September 29, 2015, 4:40 pm
I was going to make Luke’s point as well. Yes, many of our friends are now multi-millionaires from stock options during the dot com boom in their 20s, and we wasted that time in graduate school when we could have been getting ridiculously wealthy.
But… I have a good life now. I have mad skillz. Being a professor is a lot like being productively retired (in that you work all the time on stuff you love doing that makes the world a better place). I’m a lot more useful to the world now than I was at 22. And I certainly would not want to be having babies during graduate school in my 30s when I could be done with graduate school in my 20s. It is also extremely unlikely that I would have had the earnings potential with my liberal arts degree that I have with my technical PhD, even taking into account compounding (investing what I could have made while in grad school from what I actually made…).
As for working full-time while getting a PhD, you are not going to get out of a top 5 graduate school in 5 years while working full-time. And many scholarships preclude working more than part-time for the program itself. (RAing part time and doing a modicum of TAing makes sense, and one should never pay for a PhD, one should always be paid.)
Gyosho September 30, 2015, 7:43 am
I mis-spent my 20s in grad school in the humanities, along with other slacker pursuits like traveling and writing novels. Although I didn’t make any money during that time, the good things that came out of it were:
1. I learned to live well on an extremely small budget.
2. I got comfortable being an outlier in terms of not owning a fancy car/house/passel of rugrats and in using a bicycle for my main means of transportation.
3. I did not rack up a huge amount of student loans.
4. Slacking lost its charms fairly quickly, and when I hit 30, I was ready to buckle down and do some real work.
I am now in my early 50s and because of the frugal habits developed in my 20s, even though I didn’t earn any money during that time, I still am ready for FIRE. Indeed, I am the only person I know who could retire more than comfortably today.
Your situation was somewhat similar to mine. Closer to age 30 is when I started to be able to do some real work. My heart was in it, but the circumstances were difficult — three recessions and 9/11 thrown in for good measure.
Ramparts September 30, 2015, 8:26 am
Nothing wrong with going the full academic (PhD) route! I was thinking more in terms of those fields were a Masters is sufficient, like computer science. In this case, working full time while going to grad school for 2-3 years to get a masters degree is perfectly doable. MBAs are similarly achievable while working full time. But that definitely doesn’t apply to all fields of study!
tcmJOE September 30, 2015, 12:25 pm
Yeah, finishing up my PhD here (was working full time). My feelings here are:
1. Hey, at least I paid off all my student loans. Though it helped that I got a fellowship, lived pretty frugally (bike commuting all the time!) and otherwise was not too spendthrift.
2. You can expect a decent bump in initial salary from work (http://www.aps.org/careers/physicists/economics.cfm for my own field of physics). So it does help.
3. It was worth it to me as a matter of personal improvement. I may not be getting rich compared to if I immediately jumped into the job market post-college (though one reason I went into grad school was to avoid dealing with job searching during the financial crash of ’08) but I feel like I’ve gained a lot of intelligence and knowledge of the world due to the experience.
tcmJOE September 30, 2015, 12:30 pm
Just to clarify, was working ON THE PhD the full time.
Hmm, I call BS too. I worked my ass off when building my career, and my networking was done nights and weekends on proposals, and volunteering on industry boards and committees, and having lunch with co-workers (brown bag, food truck, or take-out, all the same so long as you get out). I think that boozing and schmoozing is mostly social, not networking, so let’s not mix up the two.
As to losing time, I went to grad school on the weekends, while working full-time (plus proposals), and got an MBA in 2 years. My work covered half the cost while also paying my salary, and I paid off the rest of the debt. (it paid off in a big raise, and another even bigger one several years later)
Am I retired yet? No, and I could likely be more frugal… but thanks to awesome bloggers like MMM and Simple Dollar and Budgets Are Sexy, I have no debt, lots of retirement savings, and a healthy savings account. Still have my share of crazy luxuries (big apartment, newish car, cute dresses and shoes, dogs, and baby on the way), but what a great life I have!
Thanks to everyone for being such a great supportive community. I am so appreciative.
Meg September 30, 2015, 1:31 pm
For grad school, at least for science, you don’t go to make more money. You’re not going to make more money doing public sector research or working as a professor – if you can find a tenure track that is. My husband went to grad school for physics, and all his HS friends didn’t do grad school. We’ll probably always be behind them financially, but that’s okay. Husband has his absolute dream job. He gets to do research full time, mentor both undergrad and grad students, and we get to travel a lot – we’re currently living in Germany for one year. Of course this means that a normal career is not really possible for me. So I’m mostly a SAHP and I do some stuff on the side, like getting paid as a native speaker to teach Germans advanced English. And that’s okay too – I worked a lot from the time I was 14 until 25 and half of our assets are in my name should we ever divorce.
Freedom35 October 1, 2015, 12:55 am
Grad School: Some people retire at 30, that’s when other people finish school :)
But it not that bad financially or personally, speaking from experience.
US and Canadian science and engineering PhD programs pay you at least $25,000 / year to be there. (Someone can comment on other fields)
The US median household income is around $50,000. That means a couple made up of grad students makes as much as the average household. You are getting paid decent money to do cool stuff in a field you love and hang out with smart people. What’s not to like about it?
On top of that, it’s usually socially acceptable to be as frugal as you want and not care about the superficial stuff like status the person in the stupid article was talking about.
You get paid to have fun, work hard on interesting problems, make cool stuff and expand our knowledge of the world. I don’t think anyone is saying that is a bad way to spend your 20s..
nicoleandmaggie October 2, 2015, 10:29 am
This was my experience as well (in economics, DH in STEM). But we were certainly not getting rich on 36K/year (which inflates to ~50K today). And we have non-grad school friends who were getting rich!
Yay! One of my favorite blogs just dismissed an article from one the worst websites on the internet!! Thank you Mr. Money Mustache!
Adam September 29, 2015, 1:38 pm
Well that was much more succinct than my response of sputtering dumbfounded and despairing at the future of my generation.
Adam September 29, 2015, 1:44 pm
I think there’s a time and a place for networking, but in my experience it’s rarely particularly expensive. Those types of events are often free food. Buy a drink or 2 and you’re not racking up huge bills. And working hard is definitely going to get you further in your 20’s than just hitting up networking events. Best place to network is in your company.
I did some dumb things in my 20’s (financing a car), but managed to save a healthy chunk of my income, take some great trips with friends, and have continued to bump that savings way up in to my late 20’s. There’s a lot of room to have a great life and save a lot. Blowing your whole salary is both unnecessary and stupid.
Zach September 29, 2015, 1:46 pm
Great response article to that dreadful piece. Many others bit back a little too hard, and some swung too far in the opposite direction. But this focused on two important things: balance and foundation.
Wow. I’m almost speechless. The assumptions that underlie either side of this argument are simply mind boggling to me. The idea that anyone in their 20’s could even make $60k/year – let alone get a $60K raise really makes it clear that y’all are talking to the most privileged of the privileged! When I was in my 20’s I was battling major depression, trying to make it as a musician, fighting to hold down a part time minimum wage job, leaning heavily on Catholic charities for food, struggling to pay the rent each month, and feeling like each day that I didn’t open a vein was a major victory.
I suppose my situation is a bit unique because there aren’t many Phi Beta Kappa graduates from elite universities who find themselves in my position – but the emotional damage of an extremely dysfunctional upbringing will do that. Nevertheless, it all put me in touch with a segment of society (aka the majority) that seems to be invisible to folks like you. The people I encountered in my 20’s didn’t have the luxury of fancy nights out on the town or retirement plans – most couldn’t even afford to see a doctor when they were sick! And while this may come as a shock, most weren’t getting help from their parents, in fact, most were trying to help their parents pay the bills!
So I dunno… I mean, all things being equal, if you’re making a bundle of moolah in your 20’s I say save it rather than spend it. But perhaps while y’all are trying to make that very difficult decision between saving a million dollars and buying that new sports car, you might want to give some tiny thought to the millions of young people out there who don’t have the opportunities you do… who are working several jobs just trying to keep the wolves at bay. Maybe, just maybe if you can begin to comprehend the depth of your privilege, your decisions might get a little easier.
Sorry for the snark, but posts like this really drive home how deep and vast the inequities of this society are.
Guest September 29, 2015, 2:07 pm
You said it. I’m 32 and JUST hit the $40k mark last month. I work 60 hours a week, take care of sick parents, live in a cheap-ass dump listening to gunshots at night, save what little I can, battle depression, battle social anxiety, battle a heart problem that zaps much of my paycheck. Both sides of this argument are insane to me. You can’t win at life when life won’t let you.
I hear you. But here’s the thing… it’s not impossible – I made FIRE at age 39 having never made more than $45K per year. It’s just not quite as simple as the “stop being a stupid idiot and sell the second Lexus” argument would make it sound.
wandergazer September 30, 2015, 1:03 pm
What a refreshing comment. I am in my 20s still under 45k and being in the legal support staff field, the prospects are fair but not excellent. As in, I may get to 50k eventually/moving firms, etc. It is often disheartening to be on these online communities and see so many success stories but find out they are programmers or financial executives or have other high paying jobs.
So I’m glad to see your comment! If you don’t mind sharing, did you do anything specific to achieve your target? Was your target around $1mm like many others?
programmer October 5, 2015, 3:09 pm
Please don’t be disheartened to hear the professions of those in success stories. I can’t speak to becoming a financial executive, but it’s really not that hard to become a programmer, especially if you’re only in your 20s. There are so many free resources online to learn, and community college to get a (cheap) credential if necessary. If your legal field isn’t lucrative or inspiring enough for you, put the work in over the next couple of years to learn a more valuable skill. You can do it! You’re not trapped in your current career track, you just need to believe in yourself. I wish you the best!
Danno September 29, 2015, 2:16 pm
I agree with you. I grew up blue collar and it wasn’t a choice between saving and splurging.. It was 3 jobs, community college, and student loans. My last job paid for 1/3 of my Bachelor’s degree, so that counts for something. But yea, overall you are right.. People with money love to tel other people who WEREN’T BORN WITH IT how to fix problems they never had nor know how to fix.
It’s like, Yea dude, we appreciate the advice, but you had parents with connections, upper middle class or higher upbringing, along with it the career networking and parental involvement, inheritance risk buffer, etc.
My upbringing has led me believe that having kids or getting married is not, and never was an option for people like me. It still seems very true even in my 30s. Those things are reserved for people with money, and good looks. (Or people who make bad decisions, or who were never told how to NOT to make bad decisions, owing to the topic above about parental involvement.)
I was scrubbing tables till 1am during highschool and college while other people I knew were partying and still ended up better off with me and have their own homes by now, etc. It pretty much always depends on where you start.
Danno September 29, 2015, 2:32 pm
Given my situation, even so, I still believe that I am VERY “privileged” compared to MANY out there who had it worse. Yea I worked my ass off for nothing for years.. but I’ve had a good life, good health, a brain, etc. It truly is sad how good the few have it and how bad so many STILL have it, even in the richest parts of the world. Some of the US welfare policies help no one either.. They just hurt both the working class, and the poor. It rewards bad behavior and doesn’t help anyone, including the poor that collect it. I wish they would go to a system similar to Switzerland where EVERYONE gets a base “welfare”, even people who work. That way it’s fair to the people who work, and people who fall on (or were born into) hard times still have a buffer. Cheers
EcoCatLady September 29, 2015, 8:16 pm
Agreed. I too count myself among the privileged here. I spent some time living in Norway, and they have a similar system to the one you describe in Switzerland. I think it’s a much more sensible system, and doesn’t foster the same sort of class warfare that we seem to have in this country. We tend to view social programs as some sort of a “handout” to the “less fortunate” which inevitably breeds an “it’s not fair” sort of discontent. Seems to me that we’d ALL be so much better off if we just considered things like health care, housing and food to be basic rights that were guaranteed to all citizens. The economy would be better off, the crime rate would go down, and people would be much less miserable in general.
Norm September 30, 2015, 8:32 pm
Hear hear, ECL! So many politicians preach the gospel of “economic freedom” without realizing that that is meaningless to the lower half of earners. Where is the freedom when your paycheck disappears into food, shelter, healthcare and transportation? You don’t have a choice but to spend money on those things. Minimum wage isn’t enough to live on. In a real economically free society, those base needs are either already met for everyone publicly, or are subsidized. That’s how playing fields are leveled. Stop me before I get into our false notion of meritocracy. :)
Døitashimashite October 1, 2015, 5:45 am
” It pretty much always depends on where you start.”
I have to confess, this makes very little sense to me or my experiences growing up in the US and personally knowing LOTS of immigrants who have come here and done really well for themselves….. lots of classic Horatio Alger types who had little in the way of status, connections, or money. They had brains, personality, and gave it the old college try. Now they send money home every month to their adoring parents.
lunanoire October 3, 2015, 12:09 pm
Many immigrants who come to the USA may not have much money, but they have other great intangibles: a work ethic, business skills, and connections within their ethnic community. A person could come to the USA as a relatively poor STEM grad student and end up doing quite well. A person could also come to the USA and through their community, get help finding a job and a place to stay. They could also join one of their community’s savings clubs or go to a bank tailored to them. They could open a business tailored to their community, so having great English is not necessary. They could also receive business services from others in their community. The cohesiveness of these groups is not the same as being born poor in the USA to a poor family in a poor community. Heck, some of the poor immigrants to the USA are only poor because of exchange rates and grew up with private school educations and servants. They grew up feeling like they could achieve anything, which is not the message that poor people get when their family has been poor for generations.
Effort and hard work matter, but so does being part of a cohesive, self-sustaining community that invests in its people.
Dee October 26, 2015, 8:24 pm
Danno —
It truly doesn’t matter where you begin. It does matter where you end up. That is the reason for MMM’s site here. He demonstrates how it can be done regardless of your income. It’s really about your out go. And your attitude.
Megan September 29, 2015, 3:50 pm
I do see the point you are making and I think it is very valid. I do want to point out though that the target MMM audience is not the people who are working hard to barely make ends meet. Rather, he targets the middle-class, college educated people with decent jobs (or decent trade jobs for those who didn’t go the college route) and have money to burn after meeting the necessities. His message is that for many people in this country we can afford to cut out some luxuries and make more conscious decisions about how our money is spent in order to be in a significantly better position in the future. This is absolutely not true for everyone and isn’t meant to imply that anyone with a heartbeat can make $60K at age 22 and if you aren’t there is something wrong with you.
EcoCatLady September 29, 2015, 8:08 pm
I totally get that, and I do appreciate MMM’s message. I guess it just shocks me that people making that kind of money would consider themselves “middle class” because I would consider them to be incredibly wealthy!
Average household income is $72k and median is $52k. So a single earner household could easily be middle class while making $60k a year in the most strict definition. Although, it seems people usually refer to the middle class as anybody not in poverty but not especially rich. And I wouldn’t consider a 2 earner family making over $100k/year but with a negative or neglible net worth rich. They’re still placing themselves in the middle class.
It’s possible for me to get a $60k raise if I can work my way into management or higher which isn’t out of the question. However, I’m still middle class until that happens if it ever would. I make less than the average but more than the median.
That’s the boat I’m in until my wife is out of school. Then we’ll move from middle class to top 10% suddenly. But we’ll continue to live as efficiently as we can. Hence, reading on this blog.
EcoCatLady September 30, 2015, 12:27 pm
Agreed… I think it was the $60K raise I was responding to. Seriously though, I’m just blown away by these salaries – from my perspective $60K is a salary an executive could get after many many years of work. I guess working in the non-profit music sector gives me a distorted sense of what “normal” is!
I agree that a 60% raise is crazy high, unless one is seriously underpaid.
But I do also think your expectations are shaped by the non-profit world. In a major metro area on the East Coast, with a college degree, I would expect someone in an average big corp (not high end) to make $40k-$45k, entry-level; a mid-level manager $80-$120k, VP can be all over the map.
That said, the absolutely most financially stable person I have ever known made barely $12k per year, in an expensive city. He knows how to live well, at well below the poverty line. There’s a lot of lifestyle inflation that sets in with bigger salaries.
James October 1, 2015, 1:55 pm
They are actually middle class, though. The median American household income is 55k/y, and 60k/y personal income for folks with a bachelor degree 25+ (that’s roughly 50% of the country). So 60k/y is definitely not rich — it’s solidly middle class.
Still want to acknowledge that being middle class is a privilege in and of itself, compared to the lives many people lead. But this kind of income is not so rare as you seem to think.
ceo September 30, 2015, 5:03 pm
I think the principles of frugality and saving help everyone no mater what class or income level…:)
Diane C September 29, 2015, 3:58 pm
Would it be fair, EcoCatLady, to ask you to be responsible for the choice that you made to become a musician? A lot of people do shit they don’t especially love just to get ahead in this world. Don’t mistake this comment for lack of sympathy, but you seem to be asking for some kind of exemption because of your chosen career path.
Your closing comment perplexes me “…posts like this really drive home how deep and vast the inequities of this society are.”
Hmmm, can you name a modern society that is not inherently inequitable? What’s cool about ours is that hard, smart work can be rewarded. A person’s “place” in this society can change based on the value of their contribution, not just the color of their skin or their parent’s level of achievement. Sure, there’s an element of chance and some begin with more than others, but there are also many opportunities for success.
It seems to me that it’s an easier path through life to figure out what things society rewards and exploit that knowledge to achieve your own goals. If your passion does not pay, do it on the side until you can FIRE and then do it all day, every day if you wish. That’s the whole point of mustachianism.
EcoCatLady September 29, 2015, 7:44 pm
To be clear, I count myself among the privileged here. For me personally it wasn’t a choice between making a lot of money or doing something I loved – it was more of a “find some path that will allow me to not make the vein-opening a reality” sort of thing.
But I was mostly referring to the many people I met along the way who simply don’t have the opportunities that the somewhat (pardon this term) “spoiled” readership of this blog seems to take for granted. I’m thinking of one girl who answered phones at the music school where I worked – she was putting herself through college, working 2 jobs and trying to help her family. She got talked into co-signing a loan so her mother could get a car. Then when her mother defaulted on the loan we were left with no choice but to follow a court order to garnish her wages. She quit shortly after that because, really… what’s the point in working your ass off when you don’t even get to keep the money?
I guess I just think that is’t really easy for people in a position of privileged to toss out the “work hard and you’ll be rewarded” card without realizing that many, MANY people around them are trying to run the same race they are, only they’re starting from about 50 miles back with a 100 pound weight strapped to their backs.
And, for the record, I reached FIRE at age 39 having never made more than $45K/year in my entire life.
EcoCatLady September 29, 2015, 7:46 pm
p.s. Pardon my typos… guess I type too fast when I get worked up!
jlcollinsnh September 29, 2015, 8:34 pm
But the girl you describe didn’t start from about 50 miles back with a 100 pound weight strapped to her back.
She started from exactly the same place I did: Working multiple jobs to put myself thru college.
The difference is she stopped along the way and voluntarily strapped that 100 lbs pound weight on her back in the form of co-signing her mother’s loan.
Her hard times have nothing to do with the “inequities of this society” and everything to do with the irresponsible behavior of her mother.
And the point of continuing to work is to pay the debt she voluntarily co-signed for, to put the mistake behind her and to move on with a hard earned lesson under her belt.
EcoCatLady September 30, 2015, 12:48 am
Well, I would argue that coming from a family where your mother would pressure you into cosigning a car loan when you’re 20 years old is the equivalent of a 100 pound weight. Seriously, how many of us can truthfully say that we would refuse a parent who asked us something like that? I neglected to add that her parents were immigrants who had limited opportunities because of language barriers and societal prejudice.
It’s not just about “working your way through college.” It’s all the other stuff – like battling social and racial stereotypes, like not only having a family who cannot help or support you, but one who is actively dragging you down, whether by fault or by situation.
I’m not saying that people like you didn’t work hard to get where they are, I just think the whole “level playing field” thing is a convenient story we tell ourselves because we really don’t want to face the fact that we are infinitely more privileged than a lot of other people out there.
jlcollinsnh September 30, 2015, 10:52 am
We agree her mother is the problem. :)
But not because her parents were “immigrants who had limited opportunities because of language barriers and societal prejudice.”
Not all, or even most, immigrants respond to those challenges by burdening their children.
Here is a story of another daughter of a immigrant mother:
Be sure to check out the mother’s story in Addendum #2
These are not people who enjoyed any kind of a level playing field. Rather they spent their energy focused on building success regardless of the field.
EcoCatLady September 30, 2015, 12:31 pm
I’m not saying it can’t be done. What I am saying is that there seems to be an idea out there that people like her somehow “deserve what they get” because of their parents. But even if her mother was just an irresponsible idiot, how is that her fault?
jlcollinsnh September 30, 2015, 1:54 pm
The decisions we make in life have consequences.
Growing up with an irresponsible mother and failing to recognize that has consequences.
Co-signing a loan for an irresponsible person has consequences.
Quitting your job to avoid responsibilities you voluntarily took on has consequences.
She is not alone in this. We all make mistakes and those mistakes have consequences.
Those who accept responsibility, correct the mistake and learn from it benefit from the experience and they can take pride in the hard earned lesson under their belt.
Those who insist “it’s not my fault” or who listen to those who say “it’s not her fault” are condemned to continue to repeat them and to miss the valuable lessons facing and correcting mistakes can offer.
It is not a matter of saying they “deserve what they get” it is a matter of understanding that not accepting responsibility is a path to a very ugly place.
Arianne July 15, 2016, 9:02 pm
My parents were also immigrants who had limited opportunities because of societal prejudice and “accent” barriers (is what I would call it not really language barriers). They were well educated, hard working middle income earners in a 3rd world country where I grew up. Then, they moved our entire family to a first world country so their myself and my siblings could have better opportunities. Because they weren’t able to break through the prejudice, etc., they got automatically got demoted to below middle class. I, too, am an immigrant who has an “accent barrier” and society probably prejudices me as a female and not of Caucasian descent. I started like the person you described. However, my parents, (I love them very much and currently am working my way to financial freedom and increased wealth so I can support them through retirement), weren’t the most financially savvy individuals. I was somehow blessed to be frugal and a hard worker. At the age of 17, when my parents insisted that they were going to take out a car loan, I LOANED THEM 10k myself. I earned that money from a minimum wage part time job while I was in high school, while also contributing to the house bills, and a small side online hobby/business. Right now, I am 25, have about 300k in net worth, and am working towards 1m in the next few years. I started like the person who you mentioned. So if you want to equate it to a 100 pound weight, sure. But I did it, and so can she, if she wants to. And this website is a great place to actually grasp the basics of being financially intelligent which is a prerequisite to any long term wealth generation/preservation.
ams October 1, 2015, 12:33 am
The concept of working to put oneself through college is something I find interesting. People throw this phrase around, but it means very different things for different people. For some, working your way through college is a brief period of relative scarcity between the financial security of ones family, and the promise of security with new credentials. For others, it is a continuation of the grinding poverty of their home of origin. There is no sense of certainty that it will lead out of poverty. I guess I’m pretty sick of people from middle class backgrounds referencing their college years as their “poverty experience”. It’s not the same at all. (Don’t know if that’s what you are doing, it just brought up this issue for me).
Miri October 1, 2015, 7:59 am
Yeah, that “poverty experience” thing annoys me. My standard of living went up a lot when I moved out of my parents’ home and started living off of student loans, scholarships, and part time work. I could not empathize with the students who had as much money as I did, or more, and thought this was somehow a hardship.
(Not saying you can’t be poor in college. Just that some of the people who think they are…maybe need a reality check.)
I was an idiot and lent money I couldn’t afford to lose to my family too. I did eventually get it back, but it could have gone the other way, and it was really stressful. Definitely a lesson learned.
SteveC September 29, 2015, 5:40 pm
MMM’s message at at least in part to face punch people for complaining about how difficult life is with what should be consider a generous surplus of money compared to the majority of the country.
Granted it does not put any of us in touch with what the less fortunate population has to deal with. So I guess I could see how all this debating and discussing decisions like these seem kind of surreal and stupid for those who have known real struggle. Not can I afford private school or another new car kind of problems.
EcoCatLady September 29, 2015, 7:59 pm
I hear you , and I heartily approve of that aspect of MMM’s message. I guess part of my point is that those making under $60K are not the “less fortunate” – they are the majority. The median household income in this country (the US, that is) is just under $52K. I guess I just chafe at the assumption that anybody not “getting rich” in their 20’s is some sort of spendthrift slacker. Not saying that it’s not possible to reach FIRE on significantly less money because I did it, I just think that there are a LOT of whiny-pants people out there who have NO idea how good they’ve got it!
Yeah, the title pissed me off a bit too, then I realized that he was mirroring the other article’s title, and trying to provoke comment. Even with my privileges of stable family and good education, I spent my 20s working really hard, and the rewards didn’t come until my 30s. There were a lot of “why the heck am I working so hard again?” days, and “how the heck do I pay these medical bills?” days. My 20s were a foundation, but certainly not a time to be rich.
Emmeline October 1, 2015, 12:08 am
I am really glad you are making this point. I have started reading these blogs and chafe at the privilege implied. But I keep reading because I want to learn those things that my parents (who have spent most of their lives in financial insecurity) weren’t capable of teaching me.
MMM seems to have some blind spots — I bawked at the idea that it is de rigour to have children no earlier than your thirties — but what’s good is that the comments section here is so good.
On a similar note, I felt a bit crappy reading this post because I am 27 and have no savings to speak of, but it’s because I have been studying since I finished high school. So I have never even earned a minimum-wage full-time job (which to be fair is much higher in Australia where I am). But reading the comments I can see that the attitude of frugality I have already fostered is helpful as I look to having a full wage. So the challenge from reading these kinds of blogs is to move towards an attitude of saving and investing, instead of living from paycheque to paycheque, as I have been doing as a matter of necessity.
Gerard September 29, 2015, 6:37 pm
I also spent my twenties (after getting an undergrad degree) trying to make it as a musician, working part time, barely making rent, and never thinking about retirement. And of course hanging out with people without privilege, because I was one of them. Luckily for me, I didn’t have the depression to worry about… none of those other things in themselves contribute to vein-opening.
But even then, I had the live-on-less make-ends-meet fun-for-free attitude that paid off in spades when I went back to school, upgraded my skills, busted my ass, and became a professional. Half my life below the poverty line, and now in the top 10 percent.
That’s the cool/useful part of all this, I think — kicking ass when you have nothing and kicking ass when you have everything but are tempted to piss it all away actually seem to call on the same mindset and skill set. It’s just stunningly easier with everything, which is why those people get the lion’s share of the ridicule on here when they suck.
EcoCatLady September 29, 2015, 8:26 pm
I hear you, and I totally agree that living on less will serve people equally well at all ends of the income spectrum. I think perhaps part of my reaction to this post is the title, because from my perspective “getting rich” is not a lofty goal to which we should all aspire. I mean, I get that it resonates with the majority of people in this society, but I guess I just see the pursuit of wealth for wealth’s sake to be a morally questionable objective, especially in a world where there are so many who really, truly are struggling. It seems to me that we’d all be better served if our society celebrated “enough” to the same degree that we celebrate excess.
OK ’nuff said… perhaps I’ll go listen to some Bernie Sanders speeches now! :-)
Gerard September 30, 2015, 5:10 am
That would be awesome, just to make the point: “Coming up next, a profile of Carlos Relatively Slim, the world’s Enoughiest man!” :-)
Old Lady September 30, 2015, 7:32 pm
Until I made an excess amount of money, I was not able to give money to causes I believed in. I came from poverty stricken immigrant parents, paid my own way through college and grad school and worked like the proverbial dog so I could retire at 50. Until then, I contributed time but no money to various causes. Now it gives me great pleasure and I hope helps others to give money to non-profits that do work important to me. If I had lived my life a different way, I would not have money to contribute.
My inspiration was a guy and his wife who worked in a construction business and squeezed every bit out of every penny and lived extremely modestly…so that they could reach what they felt was God’s plan for them—to retire at 45 and adopt several special needs children who were so disabled that they required round the clock care. They had the money to hire a nurse to be there at night when they slept (two of the children required having their throats aspirated every hour 24 hours a day). They both felt that they were called upon to work as hard as possible so that in their late middle and old age they could care for children who were languishing in hospitals or foster home after foster home. I wish I were as giving as they are!
Fargles October 5, 2015, 5:15 am
That is beautiful. Yes, I hope that if I can reach FI, after paying off my student loans, I will then have the means and freedom to be able to really contribute something to those who need it. It’s interesting to compare a normal working life to the religious life, where people voluntarily give up all the extras in advance, and hardly need anything to live on. They are able to dedicate almost all their time to helping others (by prayer or by service) while others make relatively small donations to promote what they are doing. When I look back at the last few years where I was unemployed or underemployed, I used a ton of resources and still wasn’t able to make it on my own, because “modern life” isn’t set up for people to live a low-cost life without making some unusual choices. (I think of cultures where it’s normal for families to pool resources.) But it’s nice to look ahead to a time when in spite of all that I might be able to really give generously.
Dee Smith October 26, 2015, 8:41 pm
You know, I have to ask this. How long have you actually been reading MMM? Do you realize that MMM is not talking merely about money when he speaks of riches? Have you bothered to read his posts on the “riches” of spending time with his child, his wife, working on this blog, working on projects that mean something to him more than a paycheck, spending time working on his families homes?
Respectfully, I call your comments here morally questionable. Yes, there are many, many people who are struggling. I think that MMM’s blog DOES celebrate “enough” and perhaps you have been temporarily blinded to that fact. Read over the archives, because I don’t think you are at all getting what this is about.
Me September 30, 2015, 7:37 am
Privilege sometimes has little to do with it. My family was on welfare as a kid, and I worked hard in high school and college (I did luck out and get to go to a good public high school). I had a six figure job in IT by my early 20’s. People who get somewhere in life aren’t just “privileged.”
Mr. Money Mustache September 30, 2015, 9:34 am
Well said, Ms. Eco Cat, but remember we are having this discussion on the Mr. Money Mustache blog. It is specifically targeted at people who tend to make above-average incomes and might otherwise spend it on bigger houses and cars until it was all gone. It’s an anti-consumption blog for ecological reasons, rather than a social equality blog.
At the same time, I find it is helpful for everyone to hear about higher incomes and realize they are out there. It is hard to make a six figure income in your 20s if you are dead convinced that it cannot happen. On the other hand, I know a good number of people who have hit the SEVEN figures before 30 now.
That’s really valuable perspective, thank you. You are right that a lot of people pretend that their success is innate, rather than acknowledging how many advantages have been handed to them. I will put my hand up here, I’m so fortunate in what advantages I was given. The thing that is so frustrating is seeing other people with those same advantages wasting them, through their own decisions.
But you’re right, illness and disadvantage can just snowball and make hardworking people, with heads squarely on their shoulders, still struggle and *hard.*
I have several friends and relatives who literally have to save up resources and energy to shower, or leave the house… That sucks, and a lot of the “hey, try this” advice is just insulting to someone trying to find the spoons just to get through the day.
Eliza February 22, 2018, 12:50 pm
In NYC the cost of living is so high that increasing your salary by $60k before you turn 30 is not rare. A starting salary for an NYC public school teacher (notoriously underpaid field) is $49k. Most people I know in Accounting, Computer Science, Finance (average Finance position not lucrative Investment Bankers) were offered a $60k salary straight out of college. The firefighters and police officers I know in the city who are in their late 20s are making close to 6 figures with their overtime and their starting salaries are around $40k.
The cost of living just eats into all of these salaries. I’m not talking about living the treat yo self life that the Elite Daily author described but just paying rent, commuting ($121 a month for the privilege of using the subway that is constantly breaking down) and groceries is grossly expensive compared to the rest of the country. Also, the expectations at work for many white collar industries in NYC is that 12 hour days are the norm so these salaries aren’t handed over with ease. Sinatra is still right when he said “if I can make it there I’ll make it anywhere”
Average apartment rent prices by borough (includes housing that take over and hour to commute one way to Manhattan and housing in awful neighborhoods). This is from a 2016 Douglas Elliman report.
Queens: $2,992
I live in NYC and I could focus on how hard it is to get by here, having to walk everywhere, carry my laundry for blocks, and the old walk up I live in but I am focused on the MMM way by stashing as I work my butt off, investing where I can, and starting a side hustle for extra money. You should stop playing the victim and see what you can do with your situation because at the end of the day, no one is going to change your situation but you.
Just yesterday, I was reading your blog and thinking “But….but what if I spend massive quantities of money to fit in with fancy folks and thereby earn recognition and a pay increase??” This article sums up all the reasons that line of reasoning won’t add up. Thanks for the timely post MMM!
Mick September 29, 2015, 2:02 pm
This post is Money. Another must-read article for my 22,20,& 16 year olds. My preaching goes over better when I have a collaborative article to point to:)
jlcollinsnh September 29, 2015, 2:02 pm
Ms. Martin’s article is one of the most misguided I’ve read in some time.
The core mistake she makes, of course, is conflating spending money with happiness and life satisfaction. And to suggest that when you are young is the only time you have to enjoy life.
On my own blog I routine hear from people in their 30s, 40s, 50s+ who lament not starting on the path to FI in their 20s. Never once has anyone who did, said they wished they’d squandered more.
My prediction: in 10-20 years Ms. Martin will be writing about how unfair the system is and how it is just not possible to get ahead anymore. She’ll have a large audience of those who followed her advice in this article.
If she follows it, she’ll have an outstanding career and an ever more powerful financial position that lays ever more freedom and opportunity in her path.
Ms. Martin will be sure to chalk this up to the unfairness of luck.
But what do I know? I’m one of those irrelevant parents unworthy of a hearing.
Bryan September 29, 2015, 2:34 pm
You are absolutely dead on with this comment: “On my own blog I routine hear from people in their 30s, 40s, 50s+ who lament not starting on the path to FI in their 20s. Never once has anyone who did, said they wished they’d squandered more.” As a 50 something, I hear many of my coworkers concerned about the next round of layoffs. This is all due to lack of planning and no net worth. Disturbing!
The key is finding out a way to have some of these experiences without the expense. It is possible with some creative thinking and recognizing it is a losing proposition to keep up the “make believe” lifestyle with our peers. This turns into a spending arms race – with retailers as the only winners.
It is much better to be the smart worker looking to deliver quality work and ideas. The focus should be on building your income while minding the expense.
nht October 17, 2015, 12:40 am
I’m 50 and I wish I had both squandered more AND saved more in my 20’s. I’d like to have blown more money on loose women, fast cars and foreign travel AND bought some shares of Apple. No regrets though. Life’s been good.
What Ms. Martin wrote is one extreme of the spectrum: work hard, play hard, save nothing. Burn the boats. Make more money.
This blog preaches the opposite save hard, work hard, play frugal and sell the boats.
Offense vs Defense. A penny saved vs two pennies earned.
And the piece of advice that her successful friend gave her is correct for someone in their 20s: Make more money. In your 20s you can afford to work long hours and take risks in pushing your career or starting your own business and risking your last dime. $60K raise is not the goal. It’s peanuts.
For someone in their 20’s “Burn the boats”, all offense, no defense is an acceptable strategy.
That isn’t exactly what Ms. Martin is suggesting but her friend is with their advice.
And given some of the success stories here, you can completely blow all your money when you are 20 and STILL be a prodigious saver later on and STILL achieve financial independence and an early retirement. So you lost 10 years of compound interest…once you reach 25 times your annual expenses you’re golden right? So what if you reach that at 55 instead of 45? Trading 10 years between living the NY lifestyle Ms Martin wants between 20 and 30 vs working that soul crushing but reasonably well paying job between 45 and 55 is a reasonable trade. And what the heck, you might like your soul crushing job.
The key is still to reduce expenses down to $25K/year target as you hit that $500K asset mark with zero debt.
There’s more than a bit of arrogance here regarding other folk’s lifestyle choices. Financial Independence is dependent on many factors outside our control. A significant change in global economics (say due to climate change) or personal situation (say due to cancer) could make many of our savings axioms false and 25x our annual expenses too little to insulate us from financial ruin.
Doesn’t keep me from saving but I remain well aware that it could all go away that moderation in everything, spending and saving, seems the best course.
Matt R September 29, 2015, 2:04 pm
I found the article true and on point. At 47 I did focus on work and advancement. I never turned down overtime and saved and invested all I could. Today the 20 somethings do have it harder but there are jobs to be had and if you work hard I know there is advancement still. One just needs the work ethic to do it. I never made that great of money top $46K average $35k. I could of made more but found the BS in the job place was NOT worth it to me so I focused on financial freedom. I achieved that in my early 40’s but kept full time until 46. That was when the boss got to be too much. Now at part time on my terms and financial free fellow coworkers are not mocking me about being cheap. So my take is that MMM is saying balance fun and work. He’s spot on your 20’s is the time to work because ALL jobs get old. Why does everyone spend themselves into slavery of a job?
“Why does everyone spend themselves into slavery of a job?”
A lot of it has to deal with conditioning to be working in jobs. This happened to me because of my parents, who were also trained to go to work at a job instead of doing something else, like building a business. Back then, the economy was a lot better so their material wants were satisfied early on, and they could have two kids on a lot less money than you need now.
When I was in school, there was no education on how the economy and businesses really work. It wasn’t the mind-fuck that’s now going on in public schools, especially, and, rather, it was core liberal arts training, which trained me how to think. It was college preparation. I then went through college with the idea that it didn’t matter what I majored in because companies would take you and train you. Those days are long gone. Sad for those that don’t have the in-demand skills at the right time.
What you say about BS is very clear to me — and I encountered this early on in my working life. I still have scars from it because I did Joe jobs where my co-workers were limited and they resigned themselves to their fate.
Danno September 29, 2015, 2:08 pm
I fall somewhere in the middle..Age 31.. Save about 30% of my income, live with a roommate (I want to get out of that situation ASAP), drive an ’09 midsize sedan once in a while (I live in the city, so it doesn’t get much use.. maybe twice a week at best). I’m working on finishing up the last few licenses in my quest to become a professional pilot, which is where a good chunk of my money goes. I don’t want kids. ever.
Net worth over 110k, 0 debt. I don’t think I’m doing bad aside from still renting. I know that’s a whole other topic, but if home ownership was bad, people with money (Including MMM) wouldn’t do it. I’m a resourceful person who can fix issues myself (car problems, house, etc.), so that would help I’m sure. The problem is my job, family, and friends live in this area (Philly) where the cost of living is too high. Anyway, I’m nowhere near Financially Independent, but at the same time I’m not worried about money since I’m not in debt and have a decent sized retirement fund going. Perhaps a balance like this or even a bit more frugal than me is a good goal for most people? I go out to eat and go out for beers at least once a week and I don’t feel like that’s going to affect my future a great deal. I know the math behind it, but c mon, you gotta live life outside of your house and neighborhood at least once in a while.
Garrett September 29, 2015, 3:24 pm
I think home ownership is good or bad depending on where you live. It should be more of a financial decision and less of a emotional one.
In some parts of the country, it works out to be cheaper on a monthly basis to rent and in some places it’s cheaper to pay a mortgage.
One downside to consider before buying is that a house tends to cause you to be “stuck” to a particular location which could be a negative if you need to move once you finish your pilot’s license.
Laur-ass September 29, 2015, 2:22 pm
As a mid-20s Mustachian, this really hit home for me. However, how am I supposed to have time for “training your body and mind in your off hours so that you can perform better than anyone else in the on hours” if I am staying up til 2:30 AM sending emails and then being at work at 6 AM?! I like the general spirit of the post, but I would gladly forgo a $60k raise if it means I can have some semblance of a life outside of work.
James Roloff September 29, 2015, 2:40 pm
As somebody who just turned 25 yesterday (happy birthday to me), I can say I see this all around me.
I have friends ranging from mid-twenties to thirties, and it’s blatantly clear as to who is financially responsible, and who is not. But here is the kicker… despite the vast differences in savings rate and incomes, we all are out doing the same things. We are all out enjoying a few craft brews, getting away for a weekend trip, etc, etc. But some are financing everything they do, and some are budgeting their activities with cash.
Income really isn’t the issue here either. I know people in our circle who are making less, but saving more, and still living the same fulfilling life.
EL September 29, 2015, 3:40 pm
Yeah that article is trying to get massive clicks and gives horrible advice. If you start early the compounding effect works wonders, and young people need to learn and understand that concept. I started my IRA at 19 and I don’t regret it, and I had tons of fun.
Megan September 29, 2015, 3:43 pm
Thanks for this rebuttal. I admit that reading the comments section of personal financial articles usually leaves me angry or depressed, but reading the comments posted to this click-bait left me with more faith in humanity than I had before.
The similarity between college and work in your 20s struck me just recently. Whereas others view college as the time to party and have a great time, I viewed college as the time to work my bums off. It mostly sucked but that was an investment in my future worth making. Similarly, the first 10 years of my career have been hard work (though not as much as college!) where I make my mark, and establish my reputation. Now that I am almost 11 years in, married with a kid, I can (relatively speaking) kick back and rely on my reputation to pull me through the days when I show up to work half crazy from baby sleep deprivation or spend my afternoons commenting on websites like this one. :)
Heather September 29, 2015, 4:11 pm
The problem I have with this is that I’m not in my 20s. Better late than never–and I wasn’t so bad in my 20s anyway. Anyway… check out these ridiculous tips for getting rich http://www.businessinsider.com/actions-to-get-rich-2015-9 I’m not sure jumping out of planes is going to get me to my goal of early retirement. Even if it would, I don’t think I’d do it.
Stephen September 29, 2015, 4:16 pm
I wish I felt more motivated to work hard at my job… I’m 23 and have an engineering job in the DC area. I like my job alright, and do it well, but don’t always feel like I have the drive to go above and beyond like you mention in this article. I don’t have many friend either, so it’s not like my social life is preventing me from working harder.
I’m not sure if this means I should get a new job, or if I’m just lazy and need to apply myself more. Luckily I still live at home and am able to save the vast majority of my mid-five figure salary.
Tonya September 29, 2015, 4:17 pm
Ooh I can’t wait to re-read this at a deeper level and also read the original article. As someone in my mid (good lord) 40’s now I can see a tiny bit of both sides. Although I definitely lean towards MMM…of course if you would have had me give my opinion when I was in my 20’s. It seems that most people live life in pyramid style instead of more of an inverted pyramid style. Most of the good foundation for life should be laid down in your 20’s because that will set you up for SO many more good habits and a good financial life. But youth is often wasted on the young and people of that age generally do not set up a solid foundation. I did not. I did, however, set up a healthy foundation, and I know that has paid off 10 fold as I look at my non-healthy counterparts. And then it gets tougher to develop those good habits later in life. I did not do that with my finances, and yes, it is WAY tougher to make it up later in life. AND..retirement is that much closer…or much later…depending on how you look at it.
Luke McCarthy September 29, 2015, 5:21 pm
I’m in the last few months on my 20s, so for me it’s a time to look back and contemplate. I didn’t get my financial act together until the last couple of years so I somewhat regret the wasteful years where I also missed out on the amazing post-2008 US stock bull market (my portfolio is currently worth less than the cash I put in, but of course that is a longer-term concern…) I did not waste money on partying since I’m an introverted shut-in, but I had my days of living paycheck-to-paycheck buying what I now see as worthless junk.
Earnings-wise I’m doing a lot better than average for a person in the UK of my age, it’s hard to be a programmer and not earn well, but I could probably earn a lot more if I hadn’t stayed in the same job treading water for the last 7 1/2 years. My savings could be a lot worse, but they could have been several times better had I learnt the basics a few years earlier.
My life satisfaction is quite low but I don’t think an extravagant lifestyle would have made me any happier. I still live with my parents, so in many ways I feel like my life has been on hold. I don’t think I could stomach taking on mortgage debt with property prices propped up as they are for fear of negative equity, but I also don’t want to give up my high savings rate (~75%) to rent an apartment and live alone. It’s a dilemma I see no way out of for some years to come.
eddy October 1, 2015, 5:11 am
Savings rate of ~75%, you’re doing well fella, keep that up for a few more years then head up to the north of the UK and pick up a house for £50k (Ilkeston, in derbyshire for example, it’ll be a laugh, trust me), then live your life doing what you want (you’ll be FI but no doubt can pick up some remote working if you want to). You’re right to be worried about the UK housing market, it’s a trap (especially SE). Enjoy, things are looking good for you.
Student Loan Stomper September 29, 2015, 6:23 pm
This post is so relevant to me right now. I have been getting a lot of “live while you are young” comments lately. I also stumbled upon the article mentioned here a few weeks ago and as crazy as it is, it made me wonder if I am really doing the right thing being so frugal and trying to kill student loans. One place I really struggle is clothing and appearance costs and skills. I grew up in a “one pair of shoes” family and wasn’t allowed to even use makeup until I was 16. I feel like this combined with my frugality is why people comment on my “inability to live”. I get frustrated sometimes about wearing the same tops for 3+ years, when other women have cool new stuff all the time. But at the same time I don’t want to be laden with student loans forever. Coming from under privilege is very difficult in many ways, not just because of the added struggles of getting a good job, but because some skills and expectations are just not there.
I am also struggling because I would like to travel some before kids but I will be 28 soon and we still haven’t started funding retirement as we have been paying about 50+% of our income on loans. I just worry that I won’t get the chance again…. Also, I worked my a** off in college and didn’t do as much socializing as others and I do kind of regreat that. I don’t want the same thing to happen to my pre child years, and my 30s, etc…. But I would love to be free to do what I want someday.
Looking forward to more comments on this post.
Frugality Runs in the Family September 30, 2015, 9:05 pm
I can appreciate this post–I’ve had to juggle student loans and retirement in my 30s, out of grad school. Been there, done that.
I would respectfully suggest that you not entirely put off funding your retirement. The time you have for compounding assets in an IRA or a 401(k) is extremely valuable, and over the long term, stocks almost certainly will pay more than the interest rate on your student loans. So fund the IRA or 401(k) for maybe $1,000 this year. Next year, maybe $1,500. And when you get the student loans paid off, fund your retirement to the limit (unless you’re aiming for early retirement, in which case don’t save so much in a tax-sheltered account). It will totally be worth it when you’re in your 50s and you have a comfortable six-figure balance in your IRAs.
At the same time, good work on paying down those loans! Getting out of debt slavery was one of the most liberating things I ever did.
Teri October 4, 2015, 9:40 am
Thrift stores have great clothes for so little money! My dh and I are finally solid wage earners (6 figures), yet I still follow my “extreme poverty years” type of clothes shopping because it’s fun! For example, last month I bought a like new pair of fancy leather boots for $5.99 (I have hard to fit feet), a fashionable blouse worthy of work or weekend fun (just dress it up or down with accessories) for $2.50, and a brand name cardigan for $3.99. People always comment on how nice and fashionable I look. It doesn’t take much money to dress well in the USA. I have a ton of masters’ education level friends whom I regularly run into at thrift stores in my city and many with whom I shop. It’s such a hoot!
Maybe you need to find some friends who love to thrift and plan a fun Saturday afternoon shopping date. They can tell you what looks good on you too, to prevent shopping mistakes. (But at $3.99, a shopping mistake at Goodwill is really not a mistake: your purchase benefits the handicapped anyway. Just donate it back the next trip to double your “donation.”) Make clothes shopping an adventure!
KR October 7, 2015, 12:11 pm
Don’t forget eBay. I pretty exclusively wear Prada shoes that I get for a fraction of retail, almost brand new, off of eBay. It’s amazing to me what rich people will buy, wear once, and then cast off. Or, in some cases I think they’re too lazy to return things. I’m able to find shoes that have no wear on them whatsoever.
Mrs Handlebar Moustache September 29, 2015, 6:50 pm
I have a dream; that every 20 something could read this intelligent and well written post. Thank you, thank you, thank you Mr Money Moustache for bringing some balance to the bombardment of consumerist nonsense we are exposed to on a daily basis by mostly vested interests.
JC September 29, 2015, 7:43 pm
When I read this article I immediately remembered the freakonomics podcast that talks about how Milton Friedman – the famous economist – apparently gave the advice that young should people actually not save since based on a normal 35-40 career they will be making more money overtime – almost a consumption smoothing theory
To be fair one of the hosts didn’t actually agree with that logic but interesting non the less – see half way down the page:
Btw- I don’t agree at all and can personally vouch for the benefits of staring at spreadsheets until 2am in your 20’s and even early 30’s mostly because I did – it’s just so much easier to be in a position of strength for career and finances by 30’s rather than starting to save and/or take career serious right when you are starting to plan a family and/or start the inevitable decline in ability to deal with corp work BS
JP September 29, 2015, 8:00 pm
I really hope Lauren reads this article someday. I just turned 30 and I can safely say that I pushed my 20s to the limit. However, I still went on 2 vacations a year, spent many nights out with friends and when I met my now wife, we spent more nights eating out. None of it was unruly spending, just spending enough to not sacrifice happiness. Instead of going out to eat one night a week, I suppose we could have cooked every night. I have friends that haven’t saved a penny because they are living the lifestyle Lauren explains. Meanwhile, age 24- I started a business, age 25- I doubled the size of that business, age 26- I opened a second business, age 27- bought a 2 family, age 28- bought a 4 family, age 29- bought another 2 family. Our net worth is through the roof and our passive income is hefty enough for my wife to stop working in a job she hates. However, none of this would really matter if I never started following this blog. When I started looking at purchases on a happiness scale, silly purchases went out the window. Just yesterday, I heard the roar of a gorgeous pickup truck pulling into my parking garage.. I smiled, and thought to myself.. man that guy is lost.
Jeremy September 29, 2015, 8:05 pm
My first real vacation as an adult was at Age 28. That also happens to be when I first decided I must figure out how to retire early. That shit did get old
This is my new favorite post
mjb September 30, 2015, 9:50 am
Here here, Jeremy. Same with me. A trip to Peru at 28 was a serious eye-opener. At my first job out of college, age 22, I was basically scared of “missing out” when HR’s 401K enrollment blitz launched. Fear of missing out actually saved my 20s. That, and waiting until 28 to take a real vacation. (and having a roommate to share rent, and avoiding pets and expensive toys certainly didn’t hurt either..)
Joe B September 29, 2015, 8:19 pm
This is a great post, but it’s got me thinking: I’m 32 now and spent most of my 20’s bouncing between jobs as I tried to find work I could stand doing for more than a year or two. During that time I was unemployed twice (once due to my department getting eliminated during the recession, and once because I was horrible at my job). Besides the one job from which I was fired, I was good at most of the jobs but never thrived or felt driven to make a career out of them.
I’ve been working in my current job for almost two years. I like my co-workers, I’m great at what I do and both the company and job are both well below-average in terms of stress. However, the pay is below average and the upside (in terms of raises, promotions, etc) is very limited.
Have I missed the boat when it comes to putting in the work in my 20’s and reaping the rewards later? Is it too late for me to work hard now and enjoy a still somewhat early retirement later?
Of course not Joe! And sorry for making you feel like you missed the boat. Hard work and reasonable spending are rewarding at any time in life. It’s a gift to your future self while also feeling right in the present.
Jay A. September 30, 2015, 3:20 am
I could keep face-punching myself for not Googling “early retirement” and not discovering ERE, MMM, and so on until I was 43 years old, but where would that get me?
You and I are going to be so much better off than many others because of the choices we’re making now and the ones we’re going to make in the future!
This is connected to my other post:
I, too, feel like I “missed the boat” because I spent my 20s bouncing from job to job — sometimes by choice and sometimes by accident. Fortunately, I always had a frugal mindset in place and kept my debt burden to a minimum. I also tried to read and learn as much as I could while waiting out the storm in some instances. I was just cursed by not being in a profitable field (IT) until I was closer to 30 and being in a small, formerly industrial city that was dying. Had remote work been an option at the time, and if I had had an interest in being a software engineer, I could have hacked my circumstances, making decent money to move to a different city and then start making some real money. I managed to get to that city (Washington, DC), but then 9/11 happened later that year. Bad, bad timing.
I learned during my 20s that, in some respects, you have to learn to live like you’re already retired, since you don’t know if you’re either going to be able to retire or retire, period. (You could kick the bucket long before then.) Now, this doesn’t mean to live the hedonistic lifestyle, like some do, but you can experiment with what your life would look like (either with or without kids) when you do actually have substantial money in the bank and can afford to retire early and be the truly MMM badass. As for me, I learned to live frugally early on, so my lifestyle wasn’t going to be expensive when I was older. Sadly, because of more than one incidence of bad luck in my 20s, I wasn’t able to work my ass off and start saving. I knew that would come later.
I also wasn’t about to kill myself in a job that I hated in order to be financially independent early on. Sure, that would have been nice, but working in a factory for ten years, leading to a host of physical injuries, wouldn’t be worth it for the early retirement.
Fleurdelis September 30, 2015, 5:44 am
Hello Joe, I have a similar story…
my country suffered more than others for the recession and I lost a lot of time in my 20’s.
Now I have a good job but the salary is a bit below average. On the other hand, I have flexible hours, so I can have side jobs and I am attending University in the night for my second degree… if your current position does not reward hard working you can always work hard outside. A 100$ p/w it is a 5200 p/y income boost!
I do not think I am too late for early retirement, I plan to reach my goal before 47… which is pretty good in my perspective.
About this article, the editor wrote that “if you are saving in your 20’s you are not betting on yourself”. I think betting it’s the right word, but she is not betting on herself. She is betting that everything will be ok or better, like she will always be in her 20s, willing to work in a prosperous economy… I think this is ridiculous. Without mentioning the empty lifestyle she promotes in the article.
HeadedWest September 30, 2015, 10:00 pm
Some people started saving for FI at 22 and finished at 30; an 8-year time frame.
So, you’re 32 now. One day, you will be 40. Do you want to be working out of necessity when you are 40? Nah…. :)
chris October 1, 2015, 3:43 am
its never to late I found my at 35 I was selling insurance or trying to sell it my heart was not in it . a friend ask me to sell his car and I could keep the money over the price he wanted and I made 2500 that was a lot of money in 85 so I starting looking for other cars to sell fix and flip and it worked . that success lead me to flip houses and rentals. I am 64 now and I will never retired because there are too many opportunities out there and I enjoy the chase. so don’t give up find that one skill in you that people will pay you money or learn new ones so to create your own business. good luck and never give up your best years are ahead of you.
joy October 9, 2015, 4:53 pm
I’m in the same boat, but just found a place/job I truly enjoy AND am good at … and finally the pay is where it should be. I just turned 30. The silver linings on my cloud are that a) while I’m behind in my savings, but I DO have savings and b) I have no desire to have children (and the solid understanding of the medical technology needed to prevent that decision from slipping out of my hands). Better late than never.
SU September 30, 2015, 1:31 am
Yes! Jen Dziura, a fellow purveyor of blunt advice, wrote a good article about how to spend your 20s here: http://apracticalwedding.com/2015/09/feminist-have-it-all/
From the article:
“I only enjoy fully wine, and babies, and travel, and breastfeeding in bed at 2pm on a weekday because I have already built businesses and run conferences, I occasionally make money in my sleep via my various websites, and I have constructed a social environment for myself in which absolutely no one says stupid shit to me like, “So, will you keep working?” or “Does your husband help out?” (Sometimes that means cutting certain people out entirely, and I’m fine with that. YMMV.)
…
“I don’t think work-life balance applies to your launch phase of life (which is probably your twenties). If there’s going to be a phase of your life where you work little or not at all (because of a baby, for instance), there should probably be a phase of your life—when you’re young and full of energy—that you work sixty hours a week and get single-minded and cut out people dragging you down (here and here) and maybe you go in a room and code something (here and here) and don’t talk to anyone until it’s done. Saying maybe it’s good to work extra-hard in your twenties doesn’t necessarily mean just giving that extra time to a boss—it may mean a side hustle or night school or a startup or aggressively networking and seeking mentors or a future entrepreneurial plan ready for activation if your job turns to shit.
Years before having a baby, I wrote a somewhat sarcastic article about preparing for motherhood in a cutthroat capitalist economy. I suggested making twice as much money as you need before you have a baby, so you can make half as much after and be okay. Obviously, that’s a fucking challenge! But if you have time for a challenge, there you go. And I basically did do that. Once, a coworker asked why I was working so hard (this was at a company where I was paid hourly, so the more I worked, the more I made, in a very direct way). Society tells us that only “crazy” women say, “I might need to have a baby when I’m single, so I’m making sure I can make twice as much as I really need.” So I said, “I want to buy a Manhattan apartment.” But I got shit done.”
sara October 8, 2015, 10:03 am
I am doing exactly this right now. I have $150,000 set aside as my “childcare and adoption of IVF” fund, and am working to pay down my mortgage. Once I do that, I’ll still need to work, but will be able to sustain my lifestyle and support a child on a fraction of my current income.
Travis September 30, 2015, 1:36 am
You could say that your 20s is the most expensive time in your life to screw around and go out drinking and networking. The time value of money when you are my age, 25, is incredibly powerful. If you look at statistics, the vast majority of people see their salaries expand at a rate slightly above inflation, maybe 3-4% annually if you’re lucky. You can network all day but the most it’s going to get you is maybe a few promotions along the way. $60,000 raises are so atypical I think a frugal mustachian on $75,000 a year with 50% savings absolutely annihilates a Daily Eliter saving 10% of a salary that grows to $200,000 over time.
What about folks who get very highly educated? You spend your 20s in grad school, med school, etc.
No opportunity to fall into the spendy-20s trap. Does this make you clever? Maybe. You are definitely working hard and getting better than most people at difficult shit. You’re just not getting money. But you are building intangible assets of great value.
However I saw lots of my co-grad students fall into the spendy-30s trap once they actually started real jobs, if they were so lucky.
They key seems to be, at least add no massive debt if at all possible. Ideally, keep 90% of your frugal grad student habits. Anyway, for my generation, starting work in the 80s, a spendy-20s problem was rare. As were. . . . jobs.
Megan September 30, 2015, 10:04 am
That is a good point to consider because I think people choosing to pursue advanced education should make a careful calculation of the opportunity cost of starting a career later. Just as an example, you can make more in medicine once you are done with training than in engineering, but the price is starting your career 5+ years later and likely with lots of debt. There are also ways to have your cake and eat it too such as starting a career after a bachelor’s and then doing a master’s part-time while working (I even got my company to pay for it!). Yes, it is a lot of work juggling work and school but doing that in your 20s when you have time and energy is totally the way to go. In my early 30s now I am so glad I invested that hard work to get ahead then.
In the end, it’s all about the distinction between producers and consumers.
Producers are the ones that manage to create things, ideas and businesses by working hard and spending time on that, in order to give an extra benefit to others.
Consumers are the ones that just consume the things that others have produced, so they don’t create any extra value.
By following MMM’s path you end up as producer in the end :-)
Chuck Bugle September 30, 2015, 3:57 am
Young people tend to have memory problems. They go to college and have the best time of their lives w/out spending much money (outside of tuition). And then the second they graduate, they forget all the fun they were able to have w/out spending money, and instead write articles about how if you’re not spending money, you’re not having fun.
mikey g October 2, 2015, 3:34 pm
yep and I suspect it’s all due to cognitive dissonance as a logical response to the system shock of the “real world” of conventional employment, and its consumerist kissing cousin
Stephen September 30, 2015, 4:41 am
“When you have nothing to lose, you have everything to gain.
You’d be surprised at how cautious people get with just a few thousand in the bank. ”
The author must never have experienced the feeling of having FU money in an account.While I don’t have truly FY money, I have enough that I could walk out of my job tomorrow without worrying about another for a few years. Never having to worry if the next pay cheque comes or not means I can choose to do random shit if I want to. It also means I can concentrate on the job making me a rockstar as I’m there because I WANT to be, not because I HAVE to be.
Gordo September 30, 2015, 5:10 am
You can also start to lay down the foundation for success before your 20’s. I started working around age 10 and just kept at it. I learned something from every job. While cashier at a grocery store, a parent of one of my high school classmates came through my line and tried to convince me to quit working and enjoy my youth, “you have your whole life to work”. I ignored that advice. My next job was at a software store, then I actually got to work, at age 17, for a software development consulting firm doing real software development and code debugging. This put me far ahead of my peers all before even going to college. I was at the top of my class and could have gone to an expensive high ranked college, but I only applied to one inexpensive state school with a reputable computer science program. The few thousand I had saved from my high school work years were put into internet related stocks and options and grew exponentially — every penny saved had enormous value as it compounded. I continued to do commercial software while in college, which set me up for many job offers upon graduation. After 18 months working for da man I was ready to do independent consulting for six figure income. Note that I never did any “cocktails for networking”, I worked hard and got results for networking! Two years out of college I could pay cash for my mmm “mansion” (and I did). Became a millionaire shorty thereafter. You decide which path in life is better. Securing a good future while young sure feels great when you are older. Its also easier to do when you are young, full of energy, with fewer distractions.
Agree I followed a similar path now 42 and can retire. Working on teaching my children some of these lessons.
Aperture September 30, 2015, 6:49 am
I would add one piece of advise: work in a field and for a company that rewards hard work. I was that spitfire worker – able to identify and capitalize on million-dollar opportunities for my organization, and putting in long hours to accomplish these. In the last decade, I have watched others (my supervisor and my department’s leadership) take credit for my work. Today I am paid the same as my partner who shows up late and goes home early and can seldom be found during the middle of the day. I know because I was her supervisor for five years until I got sick of that bullshit and stepped back down to be her equal again. Choose an industry where people are in a role for a few years at most. Healthcare (where I work) is the opposite of that world – people are literally in the same job for a lifetime, so very little upward mobility.
zhelud September 30, 2015, 7:39 am
I agree with the author that networking is important to one’s career, but I think she is confusing “partying” with “networking.” Why does networking have to be done at expensive bars and restaurants? When you are in your 20s you can take advantage of free or reduced membership rates in professional organizations, for example, and make lots of useful contacts. Some professional conferences also have reduced rates for younger people (if you can’t get your employer to pay.) Your workplace may have a formal mentoring program. Your alumni network may have free or low priced events for younger grads. And if your college’s career center isn’t handing out directories of alumni working in different fields who you can call and chat with, they are not doing their jobs. People are usually happy to talk over coffee rather than lunch or dinner. (Or even no refreshments at all!) And of course there are tons of ways to promote yourself through social media that don’t cost anything.
The best 2 jobs I ever had, I found through networking- but I didn’t have to spend a cent.
Rick September 30, 2015, 7:58 am
Quick story about “Networking” vs. Getting it Done. Years ago, when I was right out of law school, I was working in this office with another young lawyer, who I will call Jim. Jim was a great networker, and was really into talking about all of the schmoozy things that old lawyers who run the industry like to talk about – cigars, aged whiskeys, playing golf, sailing. I, the tee-totaling Mormon boy, would sit there at lunch in the conference room, feeling that I was missing out on a networking opportunity because I had zero experience with any of those things.
Fast forward four years. I had spent some time out of state and was looking for work back in my home state. I hear that this firm is hiring and I see that Jim is working there. I call Jim up and he tells me that the Boss is in fact hiring, but it’s probably Jim’s job. Sure enough, the Boss, who also loves cigars, old whiskey, and golf, ends up firing Jim and hiring me. Turns out the Boss was not looking for someone who shared his hobbies and interests. He was looking for someone who could get it done.
Dan September 30, 2015, 8:32 am
This article seems to boil down to a thing my dad always said. I don’t know if it’s original to him, but I haven’t heard it elsewhere.
“99% of success in life comes down to who can keep their finger in the fire the longest when they’re young.”
At the time he was trying to get me to not slack off in school, but I’ve found it’s still true now that I work as what MMM has described as a high-power corporate mercenary.
Gyosho September 30, 2015, 8:17 pm
I think this is a variant of the Marshmallow Test, which has to do with impulse control. Kids who could wait longer for a marshmallow at the age of 5 turned out to have better lives than those who scarfed their marshmallows right away.
Dan October 1, 2015, 8:48 am
That’s similar, but not quite the same.
Whereas the finger in the fire analogy is about being a workhorse to build valuable skills and work ethic, the marshmallow test is about delayed gratification and not becoming a consumer sucka. Or more simply, the former is about income and the latter is about spending.
Two sides of the same coin, maybe, but still different.
The thing to remember about being a workhorse and building skills is that one should be doing it with a long-term goal in mind, as well as understanding that not all skills are worth the same.
One valuable skill that my parents taught was the importance of going to work and being on time. That worked for as long as regular jobs were fairly easy to get and one could advance. It doesn’t work that well for freelances or those that have been laid off more than once, though not fault of their own. The environment is too chaotic for them. Not for everyone, mind you, but for those that have been through this once before. Looking back, it would have been more valuable for me if my parents had taught me more entrepreneurial skills — the means to find a way to make money when regular jobs were scarce. Also, how to network with potential customers.
Another valuable skill my parents taught me (and which came, also, from deep within) was the importance of working hard and applying oneself. Sure, I slacked off in school, but I was smart enough to succeed and graduate a year earlier than my peers. That hard work ethic carried over into my adult life and I still have it. However, it took me a while to learn how to work smarter and not harder, to be more efficient. Hard work, in itself, isn’t the enemy. Wasted effort is. Sometimes, you can’t avoid that. Others might not have the same work ethic and you’re faced with picking up their slack — time and again.
Dan October 2, 2015, 12:04 am
I never had a long-term goal, so I guess I lucked out. Honestly I don’t know where I’ll be in 5 years even today. I’ve always just did what seemed like my idea of fun at the time; first Physics and a few years working in a lab then law school. Now I’m a patent lawyer, and we’re all evaluated based on billable hours anyway so if I’m picking up somebody else’s slack I’m getting the credit.
It’s an intense amount of work, but I’m keeping my finger in the fire knowing that at these rates, I’ll be able to hang out with MMM and some home-brew in a few short years if I want to. I probably won’t, because I’m having a blast already, but who knows.
Dave E September 30, 2015, 10:51 am
Don’t forget the importance of global though & roughing it. Hostel’s are much more bearable for 20-somethings and a more worldy view will sustain N. American’s ability to compete. Where was this wisdom 30 years ago? Thanks Mr. Money Mustache Man
Doug October 9, 2015, 9:27 am
Why would hostels be more bearable for the younger crowd? I’m in my fifties now and have stayed at many hostels in my forties and fifties. While most hostellers are younger, I have met some people my age and older in hostels, even a guy 87 years old at one place I stayed. I found after a day out sightseeing, hostellers would often be together in common areas socializing and discussing things to see and do. It was great getting travellers of a wide range of ages together like that. Often I completely forgot that I was twice the age of most travellers, it didn’t seem to matter.
AMac September 30, 2015, 10:52 am
There’s an underlying assumption in this article – that we have years and years ahead of us; if we work hard and save early, those later years will be filled with health and happiness. While this assumption may be true for many (most?), there are 21 year-olds who get acute leukemia, who get mowed over by drunk drivers, whose lives are destroyed by hurricanes, floods, & fires.
I’m not suggesting that we should hide in the corner and be afraid of the world. Nor am I suggesting that we abandon all of our Mustachian beliefs. I do think that there is some middle ground that makes sense though. A bird in the hand is worth two in the bush! I wouldn’t discourage a 25 year-old from occasionally doing something exciting/meaningful now, even though it might not be the most financially savvy choice. Life happens and it doesn’t always unfold according to carefully laid-out plans. You might never get another chance to visit Lake Malawi in Africa, or take that long backpacking trip with your far-flung cousins.
This is what informed some of my decision-making in my 20s. I went over to South Korea to teach English in the mid-90s when the market over there was still hot. The benefits were: get out of my hometown, where I wasn’t progressing, despite with a college degree; make some decent money that I could send home; and do something daring when I still had the time, interest, and energy to do it. At first, it was a financially savvy decision, but then it went to pot in the 1997 Asian financial crisis. I left after 1.5 years. But, I still did it when I had the chance, and I don’t regret doing that.
Ishmael October 5, 2015, 5:24 am
Mustachianism isn’t about extreme frugality though – that’s the domain of other bloggers. MMM preaches what makes the most sense, which is “lifestyle design”. It means to figure out those things that truly give you happiness, focus on those things, and cut the other bullshit out.
By focusing on true happiness, you naturally bypass most things that typical consumers spend money on, because they simply don’t bring you true happiness. They only can provide a temporary serotonin burst, which fades quickly. Consumerism is empty, and is why so many people are depressed in our society.
Once you cut out the bullshit, spend (carefully) on the things that do provide happiness – buying a cool board game so you can spend many hours bonding with friends, or going on a neat trip that you’ve saved up for and dreamed about for a long time, that will provide an experience and memories that will last you a lifetime.
Of course, one of the most valuables thing you can “spend” your money on is your future freedom to do WHATEVER THE FUCK YOU WANT, whenever you want to do it, and that’s why saving rates so highly as a criteria.
I find a lot of people miss that essential part of Mustachianism, and think it’s about “depriving yourself” of things to save money, simply for the sake of saving money.
It’s harder than it sounds, because you really have to know yourself well to make the right decisions.
Doug October 7, 2015, 9:21 pm
You and I are definitely on the same page, what you wrote looks like something I would write. I’m 54 years old and, and during my working years I lost count of how many times I tried to explain how it’s not about depriving yourself but about optimizing quality of life. I would rather have less stuff and actually have time to enjoy it than more stuff (read: rubbish) and never have the time to enjoy it because I had to work more to pay for it. Most people never appeared to understand. As of now I’m retired and LOVE it.
ap999 September 30, 2015, 10:53 am
Not too long ago I was in my 20s (now 31). All my friends and peers enjoyed blowing money away like it was so cool, usually it was on the parties, the expensive cars and other toys or the very expensive trips to Vegas. I loved to save and invest, al though I still had my fun, I had my trips to Vegas and international travel, but I would do it on moderation and occasionally and of course by saving up first and not leaving a balance on my card. I was never the one to make it to every event that my peers and friends would put out, because I valued saving more. It really paid off, I was made fun of or called cheap for whenever I did not show up for a night out or a trip to miami beach or vegas. I had other hobbies and priorities, a lot of stuff for me gets old fast. I don’t know how most people lived the way they lived, I would feel out of place real fast and make a change. Fast forward to today, I have over a 500k net worth in stocks, bonds, p2p lending etc and no debt! I never carried any debt in my life which I am proud of. My peers, friends and people I know who made the same amount or more income than me are either still broke, deep in debt, or just finally realized the need to start saving, and investing in 401ks and IRAs. Lets just say they can’t keep up with me now, while I still live a balanced life and travel and enjoy my hobbies. All of them have slowed down, any time I ask if some one wants to come out on a trip with me, no one wants to go because they can’t afford it and are busy paying off credit card debt. In fact most of them despise me or are jealous of me since I don’t have the same worries as they do, and I am in much better financial situation then they are. So was it worth it? hell yea it was worth it for me! I have quite a bit of peace of mind… I feel much more setup for my 30s and 40s. Being Financially independent feels like its on its way, while my peers are still struggling with the basics such as budgeting, paying of debt, saving and reaching at least a positive net worth. Whenever they ask me for advice and I direct them to bogleheads or your blog or give them a few suggestions, they don’t like it after all. No one likes the hard truths.
Andy September 30, 2015, 2:43 pm
Wow, that’s awesome! I just turned 31 too and have approx. 170 k in assets with no debt (joined the party late 3 years back). Are you in the 6 figure salary range and investing since 2008 ? Thanks.
Ap999 November 3, 2015, 5:40 am
I do make 100k plus now. But before not even close! 18-20 spent some time in college, and worked part time. At 20 I enlisted in the Army, never really made much at all but saved As much as I could based on my small military income. At 28 left the army, got into consulting since 2012 and started making 100k a year almost right away, saved aggressively and invested heavily in index funds since then. The most I made in the military was during my deployments, around 30k to 35k for one year. Saved and saved what I could. Last three to four years really helped jump start my net worth of course. I’d say in my military days I learned the disciplined to save as much as I could from the little I made. When I got out of the military it was even easier, I was used to living already on a 15k to 20k a year salary and working my ass off. So as soon as I started making 100k plus I still lived like I was on a enlisted military income.
Jonathan September 30, 2015, 11:15 am
Oh boy another set of articles by people who have not lived in New York for long (or at all) about how you have to choose between starving in a roach infested hovel or a high life that leaves you impoverished if your way above median income paycheck stream dries up. This is New friggin’ York, the legends are totally true, you CAN have it all. I make a healthy, but comparatively modest salary (less than 80k), my savings rate hovers around 40% (the recent 10% market downturn went largely unnoticed on my bottom line). I live (alone) 20 minutes from midtown in a great neighborhood for less than $1600/month. I buy farm-fresh veggies every week, and enjoy good wine and meats. I’ve gotten complements on my posterior from my 3-mile round trip walk commute to work.
I’ve built a network of friends, each with their own “we can do this super cheap” niche. I’m the museum guy, thanks to free memberships to the Natural History and Metropolitan Museum of Art I’ve scored. After-hours events? I get in cheap, and can bring a +1 whenever I want,. Ever wander a world-famous museum drunk at 1:30am? It’s great! My cheap theater tickets friend scored us $15 tickets to a show that INCLUDES A FREE DRINK. Another friend ponies up $100/year for the opportunity to score us all $12 field-level tickets to baseball games WHENEVER WE WANT (and I live close enough that I eat dinner before hand, and round trip subway fare is only $5.50, so I don’t get fleeced for parking or food). This city is so awash in free and cheap entertainment that I refuse more plans than I commit to, simply because I don’t have the energy.
New York isn’t the anti-mustachian city a lot of complainypants comments say it is. Applying the principals of mustachianism here is neither difficult nor time-consuming, and the rewards are unparalleled.
Debz September 30, 2015, 7:38 pm
That is so cool I love it!!! I’m an Art teacher and would kill to wander around a world famous museum at 1:30 a.m.! Your life in NYC sounds freakin amazing!
Thank you for tackling this article. I too saw this last week and had the feeling that someone was fooling themselves, but I don’t have a public outlet to express the problems with this thinking. I believe that what the author is missing, and a lot of people miss this, is that exponential growth, whether it’s your job, family, or wealth, has to be constantly focused on.
Even with a conservative 7% expected growth rate per decade, the money you save in your 20s has that one extra ‘doubling’ time over every other income stream. You can’t afford to not let that stream double in that time. It can make over 30% of your residual net worth in your old age.
Also I love that ‘get shit done’ line. In my late 20s – early 30s my wife and I both held down engineering jobs, had two kids, and I went to night school for my MBA. I know I could do it again if I had too, but damn; I don’t want to ever do that schedule ever again! Now the job has paid of with the bump in salary, the kids are much older (and also exponentially growing), and the wealth has tripled (from low numbers obviously) in that 6 year time frame. The foundations for all were laid in those 20s and 30s and now I can’t wait to reap all of it going forward.
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This is where I will give my opinion, on gardening, life, health or whatever else strikes my fancy. For better or worse!
Need help? Got a question? Contact us we would love to help with your gardening success!
Are you hearing the siren song of spring and just itching to get out into the vegetable garden?
Gardening seems almost like and instinctive, primal, desire and perhaps it is. Over 10,000 years ago, ancient man stopped living a hunter/gather lifestyle and settled into small communities becoming gardeners.
That's about 400 generations of grandparents calling out to us – urging us to get out and work in the soil!
Besides that, planting a vegetable garden is a sustainable and affordable way to provide healthy and hardy food for your family. If you are new to the area or are just thinking about creating a vegetable garden for the first time this spring, or even if you are a life-long gardener, I have a few tips for you.
Let start off by sharing a wise piece of advice that my great-grandmother gave me many years ago, “You are better off being proud of a small garden than being frustrated by a big one!”
One of the common errors for both beginners and those of us accused of being 'over-enthusiastic' gardeners is planting too much, too soon, and way more than anybody could actually eat! Unless you want to have zucchini taking up residence in your attic, plan carefully. So, take my great grandmother’s advice and start small.
Ready to start? Get out and enjoy this beautiful weather by spending some time pulling rocks and weeds away from where you’ll plant your garden. It’s important to fully pull out the weeds as just turning them over with your garden spade will allow them to regrow alongside your new plants – no one wants that. For the first-time gardener, I recommend a single 10’ x 10’ traditional layout or two 4’x4’ raised beds. Either of these options will provide enough produce for a family of four to enjoy all summer long and well into the fall. Water the soil to soften the ground and loosen it with a shovel to get it started. If you think that you want to till (and I never do because it disturbs the microscopic life of the soil and allows precious nitrogen to escape the soil) then now is the time. If you didn’t get to kill the grass in the fall, it will be harder to till, and the grass may regrow in your garden, that is why I choose to grow in raised garden beds. If you are planning on a more traditional ‘in ground’ garden, you may want to dig up the sod and move it to another area of the property, replacing it with gardening soil and compost, rather than turning it under.
Speaking of gardening soil, many people will tell you to get all kinds of special garden soil mixes. Some people swear by certain brands or formulations, but let me lay a few magic words on you – compost, compost, compost. If your garden plot is too rocky with very little soil adding basic soil and compost can solve the problem. If your soil is hard clay gumbo adding basic soil and compost can solve the problem. If your garden plot already has good, rich, healthy soil, compost still helps add water retention, proper drainage, and lots and lots of important micronutrients to you garden.
Small things matter. By that I mean micronutrients and micro-organisms. Our plants need them both and good compost helps encourage both to thrive in our gardens.
If you plan to till, you will need to start tilling at a shallow setting to loosen the soil, then add compost and adjust the depth setting on your garden tiller to go deeper. Don’t try to apply pressure to your garden tiller to make it dig deeper, let it do the work – you just need to guide it. After you have your soil tilled, use an edging tool to create your rows, make your signs and plant your seeds. Follow the instructions on the packages for planting depth and proper watering to help them grow.
Keep in mind that you want to locate your garden in the most advantageous spot you can find. You will want to be close to a water source. No one wants to position their garden so far away that the hose will not reach! If the garden is close to the kitchen, you will be more likely to step out back for a few herbs or veggies while preparing meals. And of course, you will want to plant in a sunny location, one where your plants will receive ‘full sun’. Vegetables need at least 6 to 8 hours of direct sunlight each day. The more sunlight they receive, the greater the harvest and the better the taste. But also, keep in mind that ‘full sun’ in our part of Texas is not the same as it is in say New York or Oregon. If you think about it, by 7am most summer mornings, the sun is already up, eight hours of sunlight will take us to the early afternoon of 3pm. After 3pm in June, July, and August, it can get darn hot here. If you get a bit of late afternoon shade in your garden many of your plants will certainly appreciate it!
Speaking of your plants, I would suggest that your first garden attempts involve transplants. These can be had at many nurseries, big box stores and even the grocery store. Planting from seed is great fun but transplants get you garden off to a jump-start. Find a friendly nursery man and let him know that you are new to gardening, he will be glad to help you choose the right plants for you garden.
Time to water the garden. Gardener’s watering habits vary widely. One group gets busy in their non-garden life and allow their poor plants to sit dry and thirsty until they’re withered before they get water. Another sector pampers their plants by drowning them in too much water. With either extreme, you stress your plants. Weakened plants are the first to fall prey to bugs and diseases and produce fewer blooms or vegetables. Watering seems simple, but actually takes a little finesse to do properly.
Most folks will tell you that a good general guideline is an inch of water per week, either by rain or watering. In hot weather, vegetables may need even more water, up to about ½ inch per week extra for every 10 degrees that the average temperature is above 60°. The average temperature is the daytime high plus the nighttime low, divided by 2. A high of 95° and low of 73° (92 +73 = 168 and 168 ÷ 2= 84) gives an average of 84°.
In this case, the garden needs at least another inch of water. This explains why most of us Texas vegetable gardeners just laugh at the “1 inch of water per week” recommendation. That simply doesn’t work in really hot weather for squash, eggplant, tomatoes, and other crops that need lots of water and have big leaves that wilt easily.
Thoroughly soaking the soil with infrequent watering is better than shallow regular watering. Deep soaking encourages plant roots to reach deep into the soil while shallow watering keeps roots close to the surface, leaving the plants susceptible to drought. Gardeners might think that too much water is better than not enough. Actually, there is potential for damage either way. Besides wasting water, there's a possibility that you can harm your plants if you keep the soil waterlogged. Roots need air to breathe and when the soil pores are completely filled with water, root systems become compromised.
Now, get out and play in the dirt!
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Thank you all for reading,
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In an effort to support full disclosure on the web (a movement to improve everyone's internet experience) We at Gardening Austin and The Phytonutrient Blog want to make it clear that:
From time to time, this website or The Phytonutrient Blog posts may contain affiliate links. If you make a purchase through a link we provide, we get a small commission which does not now, and never will, affect your price or purchase experience at all.
Written by Joe Urbach, the author of the popular Phytonutrient Gardening series, lecturer and international speaker on a wide range of gardening topics.
Joe Urbach, originally known as the Kitchen Garden Farmer because of his goal of putting a kitchen garden into as many Austin, Texas yards as possible, is known more now as the Phytonutrient Gardener because of the success of his popular books and blog. Joe is a life long gardener and has no plans of seeing that change! He lives in Kyle, Texas with his wife, Holly and his garden buddy and Grandson Liam.
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The End of Cash: The Rise of Prepaid Cards, Their Potential, and Their Pitfalls - Center for American Progress
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The End of Cash: The Rise of Prepaid Cards, Their Potential, and Their Pitfalls
The End of Cash: The Rise of Prepaid Cards, Their Potential, and Their Pitfalls
Whether by choice or because of government action, millions of Americans are turning to prepaid cards as a financial-management tool. Prepaid-card regulations must evolve in order for consumers to fully experience their benefits.
Building an Economy for All, Economy
Signs for MasterCard and Visa credit cards are shown at the entrance to a New York coffee shop in 2005. Millions of Americans are now turning to prepaid cards to help them manage their finances, and regulations need to evolve in order for cards to best serve consumers. (AP/Mark Lennihan)
* Correction, April 9, 2013: The paragraph referencing JPMorgan Chase’s partnership with the state of Louisiana has been updated for purposes of accuracy.
March 1, 2013, marked “the end of cash” for the U.S. government. Starting on that date federal payments such as Social Security, Supplemental Security Income, also known as SSI, veterans’ benefits, and retirement benefits for federal employees were, for the most part, no longer available in check form, and instead were only made available electronically.
In other words, beginning in March, most new recipients of federal government payments no longer receive paper checks. This move is expected to save the federal government $1 billion over the next 10 years. Not only are electronic payments often less expensive to process than paper checks, but they can also reduce the potential for fraud and can provide more flexibility to recipients, according to the Government Accountability Office.
In practical terms, this means that recipients of federal payments have two options: They can elect to receive their payments by direct deposit to a bank account of their choice, or they can use a government-issued prepaid card called the Direct Express Card. This is an easy decision for the vast majority of Americans, given the fact that they have had bank accounts their entire lives and just need to set up direct deposit. But for the millions of adults in America who do not have bank accounts, including seniors and the poor, this is a much tougher choice. These individuals can open an account at a bank or credit union, or they can go with the Direct Express Card. Consumers also have the option of switching to another prepaid card if it meets certain requirements.
The federal government’s shift to the Direct Express Card is part of a broader trend toward electronic transactions replacing cash and paper checks. Beginning in 2003 more electronic payments were made in the United States than check payments. Even environments where one would expect cash to be more prevalent such as on airplanes or at tollbooths, the switch has been made to electronic payments. Major airlines have shifted to “cashless cabins,” requiring credit or debit cards for onboard meal purchases. Several states now have toll roads that rely solely on electronic payments instead of cash. Even the U.S. Treasury itself began moving away from cash several decades ago, when the iconic Cash Room—a two-story marble hall in the Treasury building where government checks could be cashed—closed in 1976.
The Federal Deposit Insurance Corporation, or FDIC, estimates that there are approximately 17 million adults in America who do not have a checking or savings account. They are known collectively as the “unbanked” population, which makes up about 8 percent of all American households. An additional one in five households in the United States are “underbanked,” meaning that they have bank accounts but also use nonbank financial services such as check cashers and pawn shops.
Many populations most affected by the shift to electronic payments have much higher rates of being unbanked, according to the FDIC. Nearly 1 million households ages 65 or over are unbanked, and another nearly 3 million are underbanked. About 8 million American households earning less than $30,000 a year have no bank account, and another nearly 10 million are underbanked. Thirty percent of households earning less than $15,000 a year are unbanked, as are 22 percent of all unemployed people. Nearly 45 percent of unbanked households previously had a bank account, while others have never used banks or credit unions in their lifetimes.
Without bank accounts, the unbanked have traditionally relied on cash-based financial services such as check cashers, money orders, and in-person bill payment to handle their transaction needs. But the federal Direct Express Card is part of a new wave of prepaid cards that can bring millions of unbanked Americans into the financial system while providing tremendous benefits, including the ability to make purchases without carrying cash; saving money and time by avoiding check cashers and money orders; paying bills electronically; getting cash from automatic teller machines, or ATMs, and merchants; and living financial lives much akin to their counterparts who have bank accounts and debit and credit cards.
For an increasing number of Americans, prepaid cards are already a familiar product. Currently, 41 states and the District of Columbia use prepaid cards to distribute unemployment benefits. Several states also use prepaid cards for tax refunds, although for the time being federal tax refunds are still distributed by check. Moreover, in recent years both traditional brick-and-mortar banks and alternative prepaid card providers such as GreenDot and NetSpend have sold millions of prepaid cards to consumers. About 3 million people without traditional bank accounts now manage their money with prepaid cards. And according to the FDIC, fully 27 percent of households that once held bank accounts but don’t anymore used a prepaid card in 2011—and that number is steadily growing. What’s more, competition and innovation in the prepaid-card market has meant new features and decreasing fees, making the product even more attractive to consumers.
That is not to say, however, that prepaid cards are free of pitfalls, including some that carry high fees. Most notoriously, in 2010 the fee-laden “Kardashian Kard”—which had an upfront fee of at least $59.95, a minimum fee of $1.50 for every ATM withdrawal, and a fee of $1.50 for live customer service—was quickly pulled from the market after the celebrities themselves, the Kardashian sisters, withdrew their support. Products on the market today have improved, but it is still possible for the users of these types of cards to be nickel-and-dimed on fees.
Federal regulators such as the Consumer Financial Protection Bureau and the FDIC have a role to play in ensuring that an expanding prepaid sector for both government and private cards ultimately serves consumers’ needs. These agencies should take actions to ensure that prepaid cards are safe, affordable, and transparent, and that consumers know how to use them wisely. They should also propose and enforce minimal standards for state-government-issued cards that are similar to the federal government’s Direct Express Card. And as prepaid cards increasingly resemble bank accounts, regulators should look to treat them the same way.
This issue brief examines the growing role of prepaid cards in the economy, the various types of prepaid cards on the market, and the potential benefits and drawbacks of a growing prepaid sector.
The potential for prepaid cards among the unbanked population
Since 2009 the FDIC has asked Americans nationwide about their banking habits as part of the U.S. Census Bureau’s Current Population Survey. Under a 2005 law, the FDIC is required to conduct ongoing surveys about unbanked consumers and banks’ efforts to reach them. The latest National Survey of Unbanked and Underbanked Households estimated that the number of unbanked consumers increased from 7.6 percent in 2009 to 8.2 percent in 2011.
According to the FDIC survey, unbanked consumers give several main reasons for not having bank accounts. About one-third of unbanked households—whether or not they have previously had an account—claim that they do not currently have a bank account because they do not have enough money. This is the most common reason given. The second-most common reason given—by 26 percent of households who have never had a bank account and 16 percent of the formerly banked—is that the consumer does not need or want an account. Other reasons given include that the consumer doesn’t like dealing with banks or doesn’t trust banks and that fees or minimum-balance requirements are too high. And about 15 percent of formerly banked households report that they either previously held a bank account that was subsequently closed by the bank or that they are unable to open an account due to identification, credit, or banking-history barriers.
Being unbanked has often meant that these consumers rely on cash-based financial products such as check cashers and money orders, which can have several consequences. One such consequence is that these products may cost more than having a bank account. Check-cashing fees may range from 1 percent to 5 percent of one’s paycheck or government-benefit check. Between 1987 and 2006 the cost of cashing a paper payroll check more than doubled, and the cost of cashing a Social Security check increased by 53 percent. Money orders, which can be used for payments in place of checks, cost $1.20 each for amounts up to $500 through the U.S. Postal Service; other money-order vendors may charge similar rates. Consider a low-income worker who is paid $700 every two weeks and needs to buy two money orders each month: With a 2 percent check-cashing fee, he or she would pay more than $30 per month just for financial services.
Beyond cost factors, being unbanked or underbanked may also leave families more vulnerable to loss. Consumers who rely primarily or exclusively on cash face the risk of theft. An analysis of payday lenders in the city of Seattle found that the presence of these alternative financial-services companies, which are often used by underbanked consumers, was associated with increased violent-crime rates, possibly because payday-loan recipients carry large amounts of cash on them. Moreover, without access to secure methods of saving money such as a savings account, unbanked consumers may have more difficulty coping with emergencies. Roughly half of all Americans at all income levels would “probably not” or “certainly not” be able to come up with $2,000 in 30 days to deal with an emergency, according to a recent nationwide survey by the market research firm TNS Global. This lack of financial security was a reality for about three-quarters of those earning less than $20,000 per year in 2009.
Prepaid cards can create a stronger financial relationship
In the early 2000s financial-services giants Visa and American Express launched some of the first prepaid cards—then called “stored-value cards”—to enable parents to set aside funds on a prepaid card for their teenage children to spend. These cards were more flexible and convenient than handling cash, and they enabled parents to track their children’s spending.
Since then prepaid-card use has grown rapidly, with the Federal Reserve reporting 1.3 billion general-purpose prepaid-card transactions in 2009. This is up significantly from the 300 million transactions that were made in 2006. Prepaid cards represent a more formalized financial relationship for unbanked consumers. Prepaid-card users have access to many of the same features as their counterparts with checking accounts, including withdrawing cash from ATMs, paying bills online by debit card, making electronic transfers between accounts, receiving direct deposits, and even depositing paper checks using a mobile phone. And prepaid cards have the potential to save consumers both time and money by avoiding the need to go to multiple retail outlets for their financial transactions.
The usage of prepaid cards has grown significantly among the unbanked. In 2009 only 12 percent of unbanked consumers used prepaid cards; by 2011 18 percent did. And among the previously banked—those who once had a traditional bank account but no longer do—usage increased from 19 percent in 2009 to 27 percent in 2011. This suggests that prepaid debit cards are being used as substitutes for traditional bank accounts. And contrary to the FDIC’s estimates of an increasing unbanked population, if prepaid usage is considered equivalent to having a bank account, the percentage of unbanked Americans remains constant at about 6.7 percent of all households. As the Center for American Progress noted in the fall of 2012, the FDIC should consider changing its definition of a bank account to include prepaid cards.
Clearly, prepaid cards can be a substitute for financial services such as check cashing and money orders that could be more expensive and less appealing. And the trend seems to indicate that prepaid cards and bank accounts are converging. The FDIC has even tested a model bank account for unbanked consumers known as a Safe Account that relies on a card-based structure.
A wide variety of prepaid cards exist
Consumers may carry several types of prepaid cards, each of which has slightly different regulations. The following are some of the more common types of prepaid cards:
Government-issued prepaid cards
Government-issued prepaid cards have been available for more than a decade both to access in-kind benefits such as the Supplemental Nutrition Assistance Program, or SNAP, and to replace cash. Forty-one states and the District of Columbia currently use these cards to distribute unemployment benefits. In 2012, six states used prepaid cards to distribute tax refunds. Cards receiving federal benefit payments have stricter regulations that make them more comparable to bank accounts. These regulations include mandating FDIC insurance to safeguard funds on the account, requiring either paper statements to show card activity or access to a 60-day written account history by request, as well as expanded consumer protections for lost or stolen cards.
Prepaid payroll cards
A growing number of employers issue prepaid cards—known as payroll cards—to workers who choose not to enroll in direct-deposit programs. One such employer is WalMart, which in 2009 began issuing payroll cards to its employees. Similar to government prepaid cards, payroll cards have regulations that are more comparable to bank accounts. The City of San Francisco has promoted model payroll cards to employers throughout the city through its CurrenC SF initiative, which encourages direct deposit but also sets minimum standards for participating cards. These features include no overdraft fees, no monthly or annual fees, and at least one free bank withdrawal and one in-network ATM withdrawal per pay period, as well as one free phone call to a live customer-service agent each month.
General-purpose reloadable prepaid cards
These cards are issued both by traditional brick-and-mortar banks and by other prepaid-card distributors such as GreenDot and NetSpend. These types of cards have been marketed as a way to properly manage spending and, in some cases, as a bank account substitute. Many, but not all, of these cards have FDIC pass-through insurance. In other words, even if the card provider is not an insured bank, the consumer’s card balance is insured through another bank that holds all deposits. Cards that can also receive government payments through direct deposit must be FDIC-insured and meet similar requirements as government and payroll cards, but they do not have restrictions on fees.
Gift cards
While prepaid cards are closely related to gift cards, most gift cards have more stringent consumer protections. They are not discussed in this brief. Cards that can only be used in one store or a set of related stores are considered gift cards, not general-purpose reloadable cards. Gift cards are subject to provisions in the Credit Card Accountability, Responsibility, and Disclosure Act of 2009, including a ban on any fees within the first year, limitations on service fees after the first year, and restrictions on when funds can expire. Instead, some merchants now charge an upfront activation fee for their gift cards—an arrangement that is not always attractive to consumers. General-purpose reloadable cards must be marketed separately from gift cards, but they sometimes co-exist on store shelves, making it more difficult to distinguish one card from another.
The state of prepaid cards today
Despite their advantages for unbanked consumers relative to carrying cash, prepaid cards still have potential drawbacks when compared to bank accounts, as shown through the examination of products on the market in early 2013.
Not all prepaid cards facilitate access to cash
Free access to deposits on prepaid cards can be surprisingly difficult. State-distributed cards often rely on a single provider and its own branch and ATM networks. The ReliaCard—the card that Ohio uses to distribute unemployment compensation—is issued by USBank, which has branches and in-network ATMs across the state. But unemployed Ohioans in 33 of the state’s 88 counties have no USBank branches, and in 16 counties, there are no USBank in-network ATMs. The counties lacking USBank access also tend to be counties with the highest unemployment rates. Louisiana issues its state tax refund on prepaid cards issued by JPMorgan Chase, which offers branches in 23 of the state’s 64 parishes and free ATM access in another 33 parishes. But in the other eight rural parishes in Louisiana—similar to rural areas elsewhere—access can be challenging.*
According to the National Consumer Law Center, which recently reviewed states’ unemployment-benefit cards, 18 states with unemployment cards offer at least one free non-network ATM withdrawal per month, making benefit dollars available to consumers even in areas where network ATMs or branches may not exist. But other states make it difficult to regularly access cash for free. Tennessee’s card, for example, offers two free ATM withdrawals per month, but benefits are paid weekly. Moreover, in Missouri and Arkansas there is no way to withdraw funds from accounts for free at a teller, even though this is the only way to fully cash out and obtain the full amount left on the card.
Similarly, with general-purpose reloadable cards, cash access varies based on the network to which the card provider belongs. Consumers using cards issued by banks that have widespread branches and ATMs or that are in partnerships with national retailers may easily get cash for free in certain locations. But some cards do not have any in-network ATMs, and many general-purpose reloadable cards will charge as much as $2 or $2.50 for cash withdrawals at non-network ATMs, in addition to fees imposed by the ATM’s owner. RushCard users, for example, may be charged up to $2.50 for each ATM use—plus fees from the ATM’s owner—no matter which ATMs they choose.
Prepaid cards may impose fees for common services
While not an issue for government cards, which do not accept nongovernment funds, users of general-purpose reloadable cards may actually need to pay a fee when depositing funds on the card. This process is also known as “loading” funds. Reloading GreenDot cards at retailers, for example, may cost as much as $4.95 per transaction, although some cards offer free alternatives at certain merchants or bank branches. While having more retail locations where consumers can add money may provide added convenience, it comes at a cost.
General-purpose reloadable cards also often have monthly fees. These fees may range as high as $9.95, but they are waived in some cases if a minimum amount is loaded onto the card by direct deposit each month—often $500 or $1,000. Bank-account structures are increasingly similar, as fewer banks now offer free checking without conditions. Banks typically offer products with a monthly fee that can be waived if the account balance or direct deposits exceed a certain amount or if the consumer opts to forego certain features such as monthly paper statements.
Account information can also be hard to access for free. Many prepaid-card providers are successfully using technology to provide account information, offering features such as online account access and text alerts. But for consumers not using high-tech options, prepaid-card providers may charge customer-service fees for even basic information. Some prepaid-card customers will incur fees even to find out how much is left on the card at an ATM or through an automated phone line, and many cards charge to speak to a customer-service representative on the phone. Unfortunately, these less-than-consumer-friendly practices are not limited to general-purpose reloadable cards: Among unemployment-benefit cards, 22 states charge for some balance inquiries at ATMs, and six states charge for all balance inquiries, including inquiries made at in-network ATMs.
Some products have managed to provide lower costs to consumers
Among government-issued prepaid cards, Direct Express most closely resembles a model card. The card has no initial or monthly fees, and it offers one free cash withdrawal per month at more than 50,000 in-network ATMs. Direct Express also allows recipients to receive cash from bank tellers at no cost and offers free balance inquiries at ATMs and free customer-service phone calls. Monthly paper statements are available for $0.75, and recipients can be automatically notified when government direct deposits are made and when the account balance is low.
Similarly, California’s card for unemployment compensation received the highest ranking from the National Consumer Law Center for its lack of fees. Consumers can access cash for free through both in-network ATMs and—for up to four withdrawals per month—out-of-network ATMs, as well as bank tellers. Consumers using out-of-network ATMs, however, may still incur fees from the ATM’s owner. Balance inquiries and customer-service phone calls are always free. California, however, does not offer direct deposit for unemployment compensation, meaning that all funds must be routed through the card instead of giving consumers the choice to receive funds in their bank account—a choice that banked Californians would likely prefer.
Recently, some new entrants into the general-purpose reloadable-prepaid-card market have also approached fees differently, signaling a potential shift away from nickel-and-diming consumers. American Express’s Bluebird card, launched jointly with Walmart, has no monthly fees at all, but it charges for some services. And the Chase Liquid card takes a somewhat different approach, with a $4.95 monthly fee for all customers but free deposits and withdrawals at all Chase branches and ATMs. Offering more predictable fees may lead to stronger products in the future.
The future of prepaid cards
Despite promising advances, prepaid-card fees remain a serious issue. An analysis by the Pew Charitable Trusts of typical bank-account and prepaid-card customer costs found that bank accounts may often be more economical than prepaid cards, but this ultimately depends on how each financial product is used and which fees are incurred. Either way, these fees are likely to be far lower than what check cashers and other alternative financial providers may charge.
At the same time, fees remain only one distinction between prepaid cards and bank accounts. A regular bank-account customer may be able to obtain an affordable car loan, home mortgage, or other financial products by virtue of the banking relationship, and he or she may also be encouraged to open a savings account. It remains unclear whether prepaid-card customers will be able to graduate to other financial products in the same way that bank-account customers do. Some prepaid-card providers such as NetSpend now provide savings features through a linked account, but this is still not a common practice in the prepaid-card sector.
Moreover, prepaid cards have been used to evade consumer-protection laws designed to rein in predatory lending. In states where the practice of short-term, high-cost payday lending—making small loans for about two weeks at triple-digit annual interest rates—is banned, payday lenders have tried to use prepaid cards with overdraft features as a way to skirt state law. In September 2012 the Office of the Comptroller of the Currency challenged one bank for “safety and soundness” concerns after the bank was found to be issuing prepaid cards in this manner. While bank accounts have clear rules on overdrafts—and consumers need to affirmatively give banks the power to allow overdrafts and charge for them—these standards are still unclear for prepaid cards, despite what conventional wisdom suggests the word “prepaid” means.
In 2011 Sen. Robert Menendez (D-NJ) introduced S. 2030, a bill that would create a new regulatory category of prepaid cards known as “spending accounts” for most general-purpose cards, not including nonreloadable cards of under $250. Spending accounts would be required to have FDIC insurance, free access to account information, and paper statements at the cost of $1 or less. Additionally, the bill would ban fees at the point of sale, overdraft fees, declined-transaction fees, in-network ATM fees, inactivity fees, customer-service fees, and account-closing fees, among others. Overdraft and credit features would be banned as well. The proposed Senate bill would also require the Consumer Financial Protection Bureau to create standardized fee disclosures for consumers so that they are able to compare fees across cards. The bill did not make it out of committee.
In addition to government regulation, voluntary moves toward improved products have also taken place in the prepaid industry. The Center for Financial Services Innovation, an organization that tracks financial products for the unbanked, launched the Compass Principles in 2012, a blueprint that recommends a set of model practices that prepaid providers can follow to create stronger products. The four principles for prepaid providers are to “embrace inclusion, build trust, promote success, and create opportunity.” The organization has also proposed a model “fee box” based on lessons from other environments such as credit-card disclosures and nutrition labels. This fee box would both provide key information on fees and guide consumers to make better decisions when buying and using prepaid cards.
Prepaid cards of all stripes—government, payroll, and general-purpose reloadable cards—have evolved to meet consumers’ needs with lower costs and greater convenience than cash and traditional paper checks. But current market practices suggest that, in some circumstances, prepaid cards have a long way to go before they are truly affordable and effective bank-account substitutes. The following actions are valuable first steps to improving prepaid cards for unbanked consumers.
Revise and enforce minimum standards for all government cards using the Direct Express Card as a model
Government cards should be held to a higher standard to ensure that taxpayer-funded benefits ultimately go to recipients. This includes clearly stating fees, offering free account-balance information, and expanding free ATM access. Direct Express offers some of the strongest features of any government card, while some states’ cards fall short.States that contract with financial-services providers to issue cards should take into account available branch networks to ensure that benefits are not needlessly eroded by an array of fees. Furthermore, states should also offer a way to cash out the remaining balance on a card without a penalty. These standards must also maintain direct deposit as an option. As the National Consumer Law Center indicated in its latest report on state unemployment cards, five states do not offer direct deposit of unemployment benefits, forcing recipients to use a single card. This is illegal. Consumers cannot be forced to accept a certain card or account.
Offer comparable consumer protections for bank accounts and prepaid cards
Some bank-account regulations, including deposit insurance, access to account information, and protection for lost or stolen cards, already apply to government cards, as well as payroll cards. To create consistency across personal-banking products, these rules should also extend to all general-purpose reloadable cards.
Regulating prepaid cards as distinct from bank accounts runs the risk of creating loopholes for financial institutions. Consumer-focused regulations in general should reflect what financial products actually do, not the technicalities of who issues them or what legal status they hold. Requiring common consumer protections across prepaid cards and bank accounts not only suggests changes for prepaid cards but also offers an opportunity to modernize bank-account requirements as well.
Prepaid cards should have standardized, transparent disclosures
Before purchasing a prepaid product, consumers should be able to clearly understand the fees that prepaid cards may charge for common services such as adding money to the card and using the card at ATMs or in retail stores. This information should be available both on the card’s packaging and on the Internet so as to encourage consumers to make smart decisions. What’s more, these fees should be described in plain language, not financial industry jargon. “Loads” should not be used in place of deposits, for example, and “POS” should not be used to describe cash back at merchants. Consumers should also know about fees that can be collected by other companies as part of their card usage.
The fee box proposed by the Center for Financial Services Innovation is a valuable first step. Based on existing disclosures for credit cards and food labeling, the proposed fee box would include major categories of fees, as well as clearly spelled-out opportunities for consumers to reduce or avoid fees altogether.
Monitor advertising and statements by prepaid-card providers for accuracy and truthfulness
Some prepaid cards have been marketed as tools for “building credit,” even though their credit-building claims may be experimental or unproven. Moreover, some cards may even carry frivolous disclosures such as “free FDIC insurance,” even though consumers would not directly pay for deposit insurance. Similarly, prepaid-card packaging in retail stores often includes the statement “This is Not a Gift Card” to distinguish general-purpose reloadable cards from gift cards, yet both types of cards may be on the same display. Given these trends, regulators, including the Consumer Financial Protection Bureau and the FDIC, should consider requiring additional warnings to clearly indicate what these cards truly can and cannot do.
Prepaid card providers should add opportunities to learn more about using prepaid cards wisely
Managing money with a prepaid card may be different than handling cash or a checking account. The transition to a prepaid card may be challenging for some consumers, particularly for recipients of government cards who have been able to easily track expenses using cash in the past. One potential educational opportunity being tested with the Direct Express Card is the PayPerks initiative, which provides online financial education to customers with the potential for small cash prizes. If prepaid cards are truly intended to be a mainstream product, helping consumers be more informed about their cards is in all prepaid providers’ best interest.
Nearly four decades after the Cash Room closed at Treasury Department headquarters, federal and state governments and private businesses have moved away from cash and paper checks. In recent years prepaid cards have risen in popularity and importance, enabling consumers without bank accounts to benefit from the shift to electronic transactions from cash and participate in the financial mainstream. At the same time, however, not all prepaid cards are created equal. Improving consumer protections can bring prepaid cards closer to their bank-account counterparts, expanding access to safe, affordable, and transparent financial services for all Americans.
Joe Valenti is the Director of Asset Building at the Center for American Progress.
The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. A full list of supporters is available here. American Progress would like to acknowledge the many generous supporters who make our work possible.
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