All posts by Valerie Ouellet

Red Bull boosts its lobbying in Ottawa

Share

Energy drink company Red Bull hires five more lobbyists to defend its interests in Ottawa, while student organizations and city officials call for ban of the beverage in bars.

Energydrinks_vo
This photo is called “Vodka+Red Bull = 24-hour party people” (Credit: pasadena_symphony@yahoo.ca, Flickr)

After publicity stunts featuring athletes skydiving from space, motorcycling on mountains and swimming with jellyfish, Red Bull tries out a new high stakes challenge: lobbying on Parliament Hill.

The energy drink giant just hired five more lobbyists in Ottawa, according to information obtained through the Office of the Commissioner of Lobbying of Canada. The consultants all registered between May and August 2014 and list Red Bull Canada Ltd. as one of their main accounts.

Their goal? Meet representatives of Health Canada and the House of Commons as soon as possible to “ensure that energy drinks transition from the natural health products regulations to the foods regulations.”

One consultant also wants to talk about “labeling requirement and additives levels.”

The five new consultants have listed national lobbying firms Global Public Affairs and Prospectus Associates in their profiles. Prospectus Associates confirmed Red Bull is a client since 2011. Global Public Affairs did not respond to our calls.

In total, six part-time consultants and one in-house lobbyist are now speaking to government entities on behalf of Red Bull Canada Ltd. According to our analysis, it is more than the number of federal lobbyists hired by Coca-Cola Refreshments Canada, Molson Canada and Nestle Waters Canada. No other energy drink company has registered lobbyists in Ottawa.

Lobbying is a legal and regulated activity in Canada, where companies can hire as many consultants as they wish to defend their interests in meetings with government officials and elected members. They typically discuss new laws, federal grants and government contracts.

Old tactics and new surveillance

To fully understand this new move, one has to look at the federal legislations in the works, explains Dan Shaw, of the Rowe School of Business at Dalhousie University.

“They are spending more in lobbying because they are perceiving some kind of threat in their environment,” says Shaw. “It could be a regulatory threat or the impact of public bashing. It could also be an opportunity to go to the offense.”

This move comes nearly two years after Health Canada announced it was going to stop considering energy drinks as anatural health product” but rather as “food”. A change that also comes with new limitations: from now on, energy drinks cannot contain more than 180 mg of caffeine, about the same as a regular cup of coffee. Caps are also imposed on the amount of vitamins, minerals and amino acids per can.

Energy drink companies are also under more government scrutiny. Until 2017, energy drink companies have only temporary authorization to sell their beverages, during which they’ll be required to report annual data on sales, consumption and incidents.

A Growing Market Share

The new consultants are likely to cross paths with Jim Goetz, the president of the Canadian Beverage Association, which counts energy drink companies Red Bull and RockStaramong its 60 members.

In a letter addressed to the Toronto Board of Health, Goetz warned city councillors that banning energy drinks from bars could cost the city jobs and money.

“This possible ban,” Goetz writes “could impact companies who not only have their head office in the City of Toronto, but also hold events that attract tourists and investments, and also employ thousands of people in the GTA.”

He adds “energy drinks sales is a growing market in Canada because it is new”, but couldn’t provide numbers at the time of our interview. According to Red Bull’s official website, in 2012, more than 5 billion cans of Red Bull where drank worldwide.

 

Opposition across Canada  

At the same time Red Bull is boosting its lobbying campaign, groups against the sale of energy drinks are gaining traction.   In Toronto, city councillors will soon vote to possibly change the Municipal Alcohol Policy and ban energy drinks from all bars. In a report presented July 30th, 2014 staff writes: “When consuming energy drinks mixed with alcohol, persons may have a false sense of alertness as the drowsiness and symptoms of alcohol intoxication may be masked by the caffeine. As a result, there is a risk they may over-consume alcohol and injure themselves or others.”      

In August 2013, the Canadian Medical Association has called on provincial governments to ban the sale of energy drinks to people under the legal drinking age.

“It is simple: if you mix alcohol and energy drinks, you are more likely to commit sexual assault, or be sexually assaulted, you are more likely to injure yourself or somebody else, you are more likely to end up in hospital,” says Jonathan Williams, the executive director of Student NS.

In a study published last winter, Student NS looked at the way students mix energy drinks with alcohol on campus, as well as the economics of energy drinks in bars.We have heard different things,” explains Williams. “We heard it was a major money maker and we heard it wasn’t a significant product in the bar, it depended on the campus. We have made our recommendations. Right now the ball is in the court of student unions, they have to decide if they will sell them or not.”

We are sitting at the Grad Bar, in the Dalhousie University campus, a few days before the official start of the semester and the infamous Frosh Week. “I think the evidence is there and that is an issue that is not going to go away,” says Williams. “I think red bull is hiring more lobbyists because they see this is a fight that won’t go away.”

A few meters from our table, the small Red Bull fridge is happily humming on the bar counter, awaiting the next customer. One more reminder that this fight, like he says, will not go away.

-30-

Second chance: a story of addicted doctors in Nova Scotia

Share

A family doctor disciplined three times for drug abuse in the last 10 years is accepting new patients in a Dartmouth clinic, bringing to light a widespread problem among Nova Scotia physicians.

Meet Stephen Harley. The ex-drug addict spent years in and out of rehab programs, fighting a destructive addiction to narcotics. He lied, cheated, filled out illegal medical records, all for a few pills of Dilaudid or Hydromorph Contin. He lost his job more than once, stuck in a cycle of quitting, relapsing and avoiding the many drug tests imposed to him. Stephen Harley is not any drug addict. He is also a family doctor, who admittedly abused his powers as a physician to obtain narcotics and feed his addiction.

According to The College of Physicians and Surgeons of Nova Scotia, Harley started using in 2004, writing “fraudulent narcotics prescriptions for his family and friends, which he then used for himself.” For four years, the phony prescription scheme went on. Until a confidential complaint was lodged in May 2008.

His license was immediately suspended and he was sent in treatment. Six months later, the Hearing Committee of the College issued a decision: Harley was reprimanded, but could go back to work with restrictions, including regular urine screenings for drugs. He was also prohibited from prescribing narcotics to his patients until October 2009.

Harley is far from being the only doctor ever caught intoxicated or tampering with prescriptions on the job. Addiction is one of the main reason why doctors are disciplined by the College of Physicians and Surgeons of Nova Scotia, according to an analysis of all final decisions published online between 1995 and 2014.

On a total of 42 physicians whose final disciplinary decision was published online by the College, 13 were accused of “inappropriate prescription”. Then came sexual misconduct, misdiagnosis and malpractice.

 

The tip of the iceberg

Like many doctors fighting addiction, Harley was probably sent to the Centre for doctor wellness, an assessment and counselling service for physicians, veterinarians, dentists and residents in Nova Scotia. The Center is run by doctor Carolyn Thomson and one colleague. Services are partly paid by membership fees of the provincial doctors association, Doctors NS.

Their biggest worry is their job. All other aspects of their life have degraded before, their family, their marriage, sometimes their health situation. They feel like work is the one place where they can feel good and put everything else out of their mind,” says Carolyn.

The tall blond doctor explains it is really hard to know exactly how many doctors suffer from addiction issues, but points out to one key proportion. “One physician out of 10 will face addiction issues at one point or another in his or her career. Some specializations like intensive care, anaesthetists and family medicine are more likely, too.

Doctor Michael Teehan, of the Dalhousie Faculty of Medicine, goes even further. In his lifetime, practically every doctor will either have addiction problems or see a colleague struggling with addiction issues.”

Relapse and redemption

The spiral of addiction went on for doctor Stephen Harley.

On October 14, 2009, a few days after his narcotics prescription restriction was lifted, he slipped again.

This time, he obtained the narcotics Dilaudid and Hydromorph Contin through non-prescription means for his own use,” failed to provide a random urine sample for drug testing and deliberately avoided tests.

Harley was permanently prohibited from prescribing narcotics, ordered to pay a fee of $8,500, four times higher than for his first offence.

In December 2010, he was allowed to return to practice with stricter restrictions, including more random drug screenings.

And then he relapsed for the third time, failing a urine screening in early 2011.

The College decided to give him one last chance, justifying its decision in a short statement.

“We acknowledge that Dr. Harley’s drug addiction is an illness very difficult to overcome and manage. It is therefore appropriate and just to give Dr. Harley an opportunity to return to practice in light of the success management of his addiction and his demonstrated competence.”

How many is too many?

Harley is not an outlier, according to our analysis. Since 1995, the College revoked the license of 8 doctors, including one doctor accused of inappropriate prescription. All other doctors were reprimanded and had to pay a fee of a few thousand dollars. Some were issued restrictions like random drug testing, supervised classes or were forbidden to prescribe narcotics.

 

Pattie Lacroix, from The College of Physicians and Surgeons of Nova Scotia, stresses that “situations where there is more than one complaint are taken into account when a settlement is made.” She also argues that the number of complaints related to “physician health and fitness” [i.e. addiction issues] have gone down steadily since 2009.

Independent psychological consultant John Streukins has another explanation. “Substance-use disorders are classed as a disability and as such, people need to be accommodated in the workplace under the Employment and Assistance for Persons with Disabilities Act. They need to be given a fair opportunity to correct their addiction problem. It would be no different if an employee has cancer. He can’t be fired. He needs to be given an opportunity to be fit for work again.”

Almost a year after being allowed to practice, Stephen Harley now has his name and title back on a clinic door. In May 2014, he started working at the Burnside Family Practice and Walk-In Clinic in Dartmouth. Staff confirmed Harley is still accepting new patients, adding that “he has gotten tons of inquiries from new patients and his schedule is booked solid every day.”

30-

Lululemon: Breathable boxer briefs and rising production costs

Share

Intense competition and high production costs make Lululemon’s new clothing line for men a risky move, says analyst.

Lululemon picture 1
(Credit: Flickr, Lauren Clapperton)

Imagine it for a minute: hockey superstar Sidney Crosby sits in the locker room, looking straight at the camera. He’s not here to sell you skates, or cereal, or even that new sports drink. He wants to tell you about his new breathable underwear.

This imaginary commercial might become a reality, if you believe Lululemon’s new growth strategy. Lululemon lists the expansion of its branch of men clothing as a key element in its 2013 annual report.

“The premium quality and technical rigor of our products will continue to appeal to men. There is an opportunity to expand our men’s business as a proportion of our total sales.”

(Lululemon Annual Report, 2013)
 

A strategy described as a high risk, knee-jerk reaction to sales dropping” by Steve Tissenbaum, a business & marketing professor at the Ted Rogers School of Management in Toronto.

«Branching out at a moment where Lululemon has lost so much brand equity and when the share price is hurt…it think this is high risk. They are going up against other well-established players,” says Steve Tissenbaum.

In the same annual report, the company recognizes that branching out comes with a number of risk factors, citing “increasing product costs, intense competition and the increased complexity of the business” as potential problems.

Free underwear and hockey star gossip

The company began its men seduction tour in 2013 with a publicity stunt involving − you guessed it − hockey players. “A lot of top hockey players wear our underwears,” CEO Christine Day told the attendees during a Toronto Board of Trade speech, while handing out Game On Boxer Briefs to men in the audience. Day wouldn’t name any athlete wearing the company’s garments, saying it might conflict with their other product endorsements.

Thousands of Breathable Boxer Briefs and No Sweat Tanks later, the company has expanded its men’s offerings and seen encouraging results.

Men’s revenue was up 9 per cent in the company’s last quarterly report, from a current level of 13 per cent of overall sales.

In the United States, there are plans to expand men stores in Miami, Vancouver, and Santa Monica. As for Canada, “all 45 Lululemon stores in the country already feature some items of men clothing in their showrooms,” according to Lululemon’s website and helpline staff.

At the helm of this new venture is Lululemon’s new CEO, Laurent Potdevin. An MBA graduate from France, Potdevin was until recently President of TOMS Shoes. Prior to TOMS, he held numerous positions at Burton Snowboards, rising all the way to the top as CEO in his last 5 years. Potdevin has also worked for French high-end retail stores Louis Vuitton.

The high cost of diversification

This operation comes with a high price. So far this fiscal year, Lululemon has spent over $750 million making yoga clothes for women and men, a rise of 40 per cent up the $600 million spent during fiscal year 2013. Meanwhile, net revenu has increased at a slower pace, stopping just shy of $1,5 billion in 2014.

While costs were climbing, Lululemon’s stock price was plunging. All due to the March 2013 transparent yoga pants recall and the controversial declarations made by Dennis ” Chip ” Wilson, founder of Lululemon.

After stepping down as Lululemon’s CEO and selling half of his stake in the company, Wilson spoke out against the company’s new management who, he thinks, is investing “too much in short-term, high risk initiatives.”

Business professor Steve Tissenbaum agrees with the former CEO. “Branching out is a risky gamble, it takes years of research and development to come up with a viable strategy and edge,” he says. “What is Lululemon going to provide that is different to anyone else? I am guessing they will try to develop their yoga clothing technology to bring that to men. But their competitors like Nike, Under Armour, Adidas, they all have worked with those technologies.”   Fierce competitors While Lululemon was busy untangling itself from its annus horribilis, direct competitors such as Nike and Under Armour started eating away at its share of the women market. Revenue from women’s sportswear represented a fifth of Nike’s wholesale revenue in its last quarterly report. Women’s clothing is up 11 per cent from the last fiscal year, the second biggest growth after young athletes. Meanwhile, Under Armour’s CEO Kevin Plank has named women’s business their number one priority in a Q&A included with the company’s last quarterly report, stating ” Women’s can be as large, if not bigger than our men’s business.” Under Armour also reports that their women’s business grew by 26 per cent this past quarter.  

Finding an edge

Does Lululemon have what it takes to compete? “They have to work on their image,” stresses Steve Tissenbaum.

“They have to build their brand equity back up and let things blow over. They should start strategically plan what it is they want to do and plan for the long run,” he adds.

The marketing professor, who worked with Sears Canada and The Bay, thinks the company still has time on its side. “Time to take a step back and finds its edge in this highly competitive market.”

As for the possibility of seeing Sidney Crosby in breathable underwear anytime soon, Tissenbaum has a piece of free advice. “It is very high risk and very expensive to look for athlete endorsement. We all know how that worked out for Nike and Tiger Woods.”

-30-

 

 

 

 

 

 

 

 

Fire hydrants magnets for parking tickets in Toronto

Share

Here is a map of the top 20 fire hydrants that attracted the most tickets in Toronto in 2013. You can search by ward of by amount….HAVE FUN!







Ontario couple claims testosterone replacement drug AndroGel nearly killed husband, sues maker Abbott for $60M

Share

National class action lawsuit adds to growing number of similar court procedures in the United States, after study finds testosterone replacement products for older men can increase chances of heart attacks and death.

Androgel good picture
(Credit: Nate Gilman, Flickr)

For Norman Wise, it all started with an ad on television talking about “Low-T”, or low testosterone syndrome, and its blockbuster drug AndroGel. The commercial promised to help older men who suffer from low sex drive, erectile dysfunction, decreased energy, reduced muscle mass and anemia.

“The commercial was describing something called Low-t and my symptoms were very similar to what was being expressed, just low energy, general apathy. What I was feeling fit what was advertised.”

– Norman Wise, plaintiff

His family doctor prescribed him the testosterone-replacement drug manufactured by Abbott Laboratories. The topical gel contains male hormone testosterone, which is absorbed by the body through the skin.

After using AndroGel for about a month, Norman says he did not feel any different. Until the evening of October 9th, 2013, when he felt a searing pain across his body during his regular workout routine.

Within hours, he was rushed to the ER and underwent emergency surgery. Doctors told Monika that her fit 68 year-old husband, with no family history of heart disease, was having a heart attack.

After months of painful recovery, life will never be the same for the once happily-retired snowbirds. Their days are now filled with doctors’ appointments and constant naps for Norman. The many adventures that he and his wife had planned are cancelled, and they can’t get travel insurance because of his condition.

 “My heart was damaged so badly that I was diagnosed twice with congestive heart failure. Doctors are telling me my heart was damaged substantially.”

– Norman Wise, plaintiff

“Misrepresentation and disease-mongering”

The Wises allege that AndroGel-maker Abbott Laboratories is responsible for Norman’s heart attack on October 9th, 2013.

In a 45-page class action lawsuit filed June 25th, they claim neither they nor their family doctor was aware of the risks of heart damage associated with the use of the drug.

They claim Abbott Laboratories “misrepresented that AndroGel is a safe and effective treatment for so-called ‘low-T’ when in fact the drug causes serious medical problems, including life-treathening cardiac arrest.”

The lawsuit demands half a million dollars in damages for each plaintiff that was prescribed AndroGel, plus $60 million in exemplary damages to be paid by Abbott Laboratories. There is also mention of compensation for family members.

A growing trend 

This case is part of a growing trend involving many pharmaceutical companies behind the controversial marketing campaign “Low-T”, that has made testosterone replacement drugs more popular than ever in Canada and the United States.

Launched in 2011, the AndroGel campaign urged older men to get their testosterone tested if they lacked energy or had a low sex drive. It also included mailouts to doctors and a new website. Soon, men were flocking to their family doctors and the number of prescriptions increased substantially.

One study estimated the number of American men being treated for “Low T” more than tripled from 2001 to 2011, with results similar for Canadians.

The “Low-T” wave hit a wall in January 2014, when a study published by the Journal of American Medical Association found that older men taking testosterone replacement drugs have up to 30 per cent more chances to suffer heart attacks, blood clots and death.

Underdiagnosed and overprescribed?

In a safety announcement, the U.S. Food and Drug Administration (FDA) announced it was investigating the use of these drugs and stipulated that “none of the FDA-approved testosterone products are approved for use in men with low testosterone levels who lack an associated medical condition.”

That’s precisely the problem, says Norman and Monika Wise’s lawyer, Matthew Bear. He explains that Norman was never properly diagnosed with hypogonadism, the medical condition drugs like AndroGel are supposed to treat. “Low-T is really just a disease that the drug companies made up, which stands up for low testosterone,” adds Bear.

“Because of the very aggressive marketing that they [pharmaceutical companies] do, most of the men who take these drugs don’t even have the health condition [hypogonadism] these products are suppose to treat. So not only do most of the men taking it don’t really need it, but the warnings are also inadequate.”

– Lawyer Matthew Bear, McKenzie Lake Lawyers LLP

 

Dozens of lawsuits in the US

AndroGel might soon become part of many lawyers’ vocabulary as class actions multiply. In the United States, 45 cases have been filed against Abbott Laboratories (and its new research-based pharmaceutical division AbbVie) by men who claim they suffered strokes, heart attacks and blood clots after using the drug.

In Canada, Lawyer Matthew Bear says he has received “dozens of calls” from men who want to join the first class action lawsuit in the country against the makers of AndroGel.

Meanwhile, Abbott Canada confirmed they have received the lawsuit and issued the following statement:

AndroGel has more than 10 years of clinical and post-marketing data, with therapeutic risks documented in the prescribing labels. Abbott encourages discussion between physicians and patients that leads to proper diagnosis based on symptoms, lab tests and a patient’s other health needs.”

– Abbott Canada statement (August 6th 2014)

In its Second-Quarter 2014 Financial Results, AbbVie notes that AndroGel sales in the United States are down 15.6 percent from the prior year quarter, telling investors this is a “notable slowdown in the market, with overall prescriptions down more than 20 percent in recent months. We expect these market trends to continue.”

The lawsuit must first be certified by a judge, which could take up to a year according to lawyer Matthew Bear.

The allegations have yet to be proven in court.

-30-