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June 25, 2010
House, Senate
Conference Rejects Expanded FTC Powers
Victory for NPA, Industry,
Thanks to Strong Grassroots, Lobbying Effort
Dear NPA Members:
In another victory for Natural
Products Association members and the industry, early this morning, conferees
on the Wall Street Reform bill (S. 3217) decided not to include in the
final legislation sweeping new powers for the Federal Trade Commission.
Such additional authority very likely would have led to advertising rules
on the industry that would have undercut the protections of the Dietary
Supplement Health and Education Act (DSHEA).
This has been one of the
top legislative priorities for the NPA for the last six months. I am proud
of the way our members responded to our calls to write their senators and
representatives, and to urge their customers to do the same. I am
also proud of the hard work put in by our staff and lobby team. Good grassroots
and good lobbying are a powerful combination.
In the last two months, over
28,000 messages were sent to Capitol Hill through the association's web
site, www.NPAinfo.org.
Since identifying this issue
as a potential threat to the industry in December, NPA joined together
with what eventually became a coalition of over fifty national trade associations.
Through the coalition, we lobbied members of Congress, and ran ads in Capitol
Hill publications. In addition, NPA was by far the leading organization
in producing grassroots contacts with senators and representatives. Some
of you might have gotten tired of hearing from us on this issue, but sometimes
in Washington persistence pays off.
Like any legislative victory
involving a broad coalition, this battle was won thanks to a number of
factors, but NPA members can and should claim a large share of the credit.
Your response was tremendous.
But, I urge you not to grow
complacent. This is a great victory, but the war isn't over. Those
forces on Capitol Hill that want to overregulate us are still out there,
planning their next move. We need to remain vigilant.
Thank you,
John Gay
Executive Director and CEO
Natural
Products Association
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Message
From The President
Denise de la Montaigne
President's Letter
June 2010
By Denise de la Montaigne
If your store is less than
15 years old, you may not even be aware of the single most important piece
of legislation concerning our businesses. The Dietary Supplement
Health and Education Act gives us the freedom to sell supplements and inform
our customers.
Before the passage of Dietary
Supplement Health and Education Act of 1994 (DSHEA), several pieces of
legislation governed supplements. The Federal Food, Drug and Cosmetic Act
of 1938 authorized regulations of labels on food "for special dietary uses"
- in other words, supplements. In the early 1990s, however, the Food and
Drug Administration undertook a series of enforcement actions that led
to public outcry. Perhaps the greatest motivator of consumer opinion against
the FDA was the Jonathan Wright case. Wright was a natural physician in
Washington State who prescribed L-tryptophan to patients. In May 1992,
the FDA stormed Wright's clinic and seized vitamins, equipment and medical
records against his will.
In 1992, dietary supplement
industry groups, including the NPA, organized a response to the FDA's aggressiveness.
The result was DSHEA, which Congress passed in October 1994. After DSHEA's
passage, the supplement industry experienced significant growth and freedom.
Not anymore. If 2009 is any
indication, the FDA likely will continue to tighten its reigns on the supplement
industry. The FDA in 2010 will have more money than ever: $3.2 billion,
a 19 percent increase over 2009. Our detractors on Capitol Hill are already
working behind closed doors to try and unravel DSHEA, either by repealing
it outright or watering it down to the extent that it no longer protects
your right to do business as an independent retailer.
The NPA East has been successful
in protecting your interests thus far, but this is an ongoing battle. To
win, we need the support of everyone who sells, manufactures, and sustains
the natural products industry in our region. We need you to continue the
fight.
Please accept my invitation
to join NPA East today. Annual dues are only $95.00, less than $2.00 a
week, to help protect your business. You can register now by going to our
web site www.npaeast.org. Or contact NPA East's Executive Director,
Paul Kushner, at 856-985-5446, or e-mail Paul at pkushner@comcast.net.
You'll be supporting the only organization dedicated exclusively to protecting
your livelihood.
I believe that membership
in NPA East is one of the best investments I make for the success of my
business every year. Give us the opportunity to serve you, and I'm sure
you'll feel the same way.
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NPA
East Retailer Spotlight:
Q&A with
Katy Lesser
By Paul Kushner
Executive Director, NPA
East
Katy Lesser
Owner, Healthy
Living
South Burlington,
Vermont
Katy Lesser is the owner
of Healthy Living in South Burlington, Vermont, an independently owned
community natural foods market. In business for 25 years, Katy and her
staff focus on customer service and offer a complete selection of natural
and organic foods. Healthy Living is committed to its community and involves
itself in community outreach, local organic agriculture, and provides employment
for nearly 150 local residents. Customers tell Katy that there's a special
feeling of community at Healthy Living.
Katy was named by the U.S.
Small Business Administration as the 2010 Vermont Small Business Person
of the Year. She received this honor for outstanding leadership,
her store's remarkable staying power, employee growth, increased sales,
innovative business practices, and contributions to the community.
Q. You purchased
your first store in 1986 from the previous owner who decided to get out
of the business after one year. What made you decide to take over
a health food store that was apparently struggling to survive?
A. In my case, it
was naiveté (I had absolutely no experience in business); I really
didn't see that it was "apparently struggling to survive." I only
thought it might be "fun" to own a food store!
Q. You started
out in a 1,200 foot store that, on a good day, saw 25 customers walk through
your doors. How did you initially make it work from that inauspicious
beginning?
A. In the beginning,
I was simply generous to pretty much everyone. I gave my all to customers
and staff, spent long hours at the store, and held on in spite of a lot
of people telling me I should give it up. We showed little growth
for several years, but I believed eventually I would make it, and that
belief kept me going and made me succeed.
Q. Can you share
the key actions you've taken over the years that are most responsible for
your growth and success?
A. Tenacity and
mad amounts of energy, willingness to change course and learn, hiring people
smarter than I am, and dedication to real service.
Q. What community
activities have you sponsored that have been most successful?
A. Our South Burlington
Farmers Market has been a big success. We donate the space to farmers
and vendors, organize and advertise the event throughout the summer, and
charge a minimal fee. We do not take a cut of sales. We merely
provide the space and create the event. It's been fun and has happily
grown!
Q. What are
some of the nontraditional methods you have used to promote your store?
A. The Farmers Market
actually turned out to be a good way for new customers to discover us.
This coming summer we are going to start allowing four CSA's to use us
as a drop-off. Again, we will have new people discovering our store
and we never ask for any sort of compensation from farmers.
Q. How do you
try to ensure profitability? Do you have a formal business plan you
can share or do you use other methods?
A. We have formal systems
for every aspect of the business. We also have a devoted, brilliant
CFO who is pretty much involved in everything that goes on. We have
learned to manage for growth and manage for profit, and we keep an extremely
close watch every single day on everything from sales to payroll to operating
expenses.
Q. How do you
find your best employees and how do you keep them motivated?
A. This is the biggest
question of all. How do you inspire people? We spend a lot
of time wrestling with this. Is it money? Is it moving people up
the ladder? Is it relationships? Is it all of these and more?
As far as finding people, we rarely go outside the business; instead we
love to move people up. But inspiring them and re-inspiring them
is our biggest challenge.
Q. You must have gone
through some challenging times in 20 years. What were some of the
roughest, and how did you get through them?
A. A 10-year lawsuit brought
against me by a landlord comes to mind. Then there was the decision
to build a 30,000 square foot store and the actual act of designing, permitting
and finally building it... that was a big one! Not to mention, getting
it up and running it. And, of course, there have been many other
challenges and steep learning curves over the years. I count on my
tenacity and brains and the power of having the very best people on my
team. But mostly I count on myself to know the way.
Q. What is that special
feeling of community you've captured over the years, and how do you leverage
it to keep your customers coming back?
A. I, personally,
am on the floor of my store five days a week, making sure customers have
access to me and demonstrating to staff how I want them to be with customers.
You have to create it and re-create it every day. That special feeling
has to be nurtured; it isn't just automatic.
Q. Who is your
toughest competition and how do you keep your customers from defecting
to them?
A. Competition is
everywhere. No longer are most of the products I sell only available
at my store; just about every conventional supermarket has a natural section.
I keep customers coming back by providing service they will never find
anywhere else and creating that community feeling. We also are growing
our own brand in many categories; products only available at our store.
The Café, our Bake Shop, our Meat Department, our Produce Department
all create products unique to us, made with our recipes, in our kitchens.
Q. What advice
would you give to someone thinking about opening up a health food store?
Or is there just too much competition today that stands in the way of becoming
an independent retailer?
A. If you are deeply
passionate, wildly energetic, strong, smart, a risk-taker, infinitely flexible,
willing to work with people smarter than you, good with difficult/impossible
customers, willing to deal with the drama of a staff of complex human beings,
immune to a rocky ride, and ready to do it day after day after day... then
you might make it!
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