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My Sixth Sense


Menachem Lubinsky is the founder and co-producer of Kosherfest, the annual trade event for the kosher food & beverage industry and is the editor-in-chief of KosherToday. The views expressed in this column do not represent the opinions of KosherToday's publishers and are those of the author alone. My Sixth Sense is now released on alternating weeks with Eye On Kosher, which can be found at www.lubicomkosher.com.

To comment on My Sixth Sense editorial, please email: editor@koshertoday.com


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As Kosher Grows, So do Soup Kitchens
I remember looking at some old photos of the Lower East Side at the turn of the 20th century. There were pictures of sad faces, usually homeless Jews, eating in a soup kitchen. Poverty was rampant in the days of “brother can you spare a dime.” Fast forward to November 2009 when whole families wait for the doors to open in a new soup kitchen in Williamsburg, the second such kitchen in Brooklyn sponsored by Masbia and now jointly operated with the Metropolitan Coordinating Council on Jewish Poverty. Many of the families are victims of the recession – a breadwinner having been laid off. In the first hours, 30 families showed up, consuming 120 meals of breaded chicken, mashed potatoes and vegetables. They also took home packages of food for Shabbat. The first kitchen is located in Boro Park and a third kitchen is weeks away from opening on Coney Island Avenue in Flatbush, and another is slated for Queens Boulevard in Rego Park. There may soon be as many as 10 sites

“We have seen nothing like it,” William Rapfogel, Met Council’s CEO and executive director, said of the increase. “People who were previously on good financial footing are now coming to us for help because they can’t make ends meet.” It is ironic that at a time when kosher continues to grow with more and more gourmet and upscale foods, there are also a growing number of people who have no bread on their tables. What is even more disheartening is that so many families are growing hungry despite a community that is so charitable at every level. I know of so many stores that give away food to the needy; others who have no hope of collecting any money from the note books they keep.
Yes, we do live in interesting times.

A Walk Through Memory Lane at Kosherfest
Kosherfest is always an exciting time of year for me. It is like attending a family “simcha” where you get to catch up on things with family members, take note of how they may have changed physically and enjoy the friendly and cordial environment. This year’s Kosherfest was no exception, but I couldn’t help but notice how much has changed in the 21 years of the show. Some of the companies that had large pavilions back then were gone, either having been acquired by other kosher purveyors and distributors or who have passed into oblivion. Exhibits that back then were at best primitive were today fully designed booths, a far cry from the pipe and drape and not much more. The food mix seemed to have changed as well. There were several booths of gefilte fish, kugels, stuffed cabbage, chopped liver and the food you would find at a traditional Shabbos table. Today, it was gourmet noodles, sushi, exotic sauces, new snack items and so forth. And who cannot be impressed by what happened to kosher wines, thanks in large measure to the Herzog family.

For two days I got to shake hands and “shmooze” with hundreds of visitors from all over the country. Most were complimentary in nature, some with some “brotherly” advice, and still others trying to figure out how to take advantage of the lucrative kosher market. I also couldn’t help but notice many long-time exhibitors who chose to take a sabbatical from having a booth at the show. Perhaps for them the “absence makes the heart grow fonder” saying will encourage them to return in 2010. Several of the exhibitors sponsored private receptions for buyers who came from more than 25 states in what has really become a family “simcha.” Yes the family has indeed grown larger, more prosperous, and more contemporary. In this case a walk down memory lane is not to reminisce of what once was but to bask in the glory of just how fare we’ve come.

Applauding the New Product Winners at Kosherfest
If you take a close look at the winners of this year’s New Products Competition, you are likely to recognize such common names as noodles, cookies, pasta, lasagna and borekas. While you might think that we are after all dealing with the familiar, this year’s roster of winners shows just how much can be done to enhance the familiar and make it an attractive option at point of purchase. Luck Chen’s noodles are not like the traditional lugshen (noodles) in that they have great texture and you can conveniently warm them in a microwave or in warm water. Sarah's Tent Potato Borekas that maintain the flaky crust but also adds the potatoes. Osem’s Bamba is not just Bamba anymore. Its Peanut Snack now comes with Hazelnut Cream Filling. And how about Get Healthy America's Lasagna Florentine.

The point is that we used to think of new products as being totally new, in name and content. In recent years, we’ve learned to appreciate the customer’s desire for variety. The same product with a different flavor, enhancing a product by adding another (i.e. a chocolate dipped pretzel), and combining tastes (i.e. the many new flavors and toppings of frozen pizza). We used to think that the customer was resistant to change, particularly when it comes to food and that tampering with the original was a prescription for disaster. We have since learned that consumers love it to the point where product enhancement has become a significant trigger for profits for many companies, particularly in the kosher food industry.
This year’s winners deserve more than the awards that they will receive at Kosherfest. They should be complimented for understanding the mindset of today’s shopper and the quest for the different, the exotic, and, of course, the more wholesome, natural, and healthier products. Mazal Tov to the winners.

Is There a Future for Online Kosher Growth?
This is a question that repeatedly comes my way, even as similar inquiries are being asked about the food industry in general. The evidence is that the answer is a resounding yes, not because of any dramatic change in the kosher consumer’s buying habits, but more so as a reflection of lifestyle and demographics. Kosher consumers, namely Orthodox and many Conservative Jews, are no longer concentrated exclusively in the large urban centers. Smaller communities continue to spring up in many parts of America that were once thought to be off limits for any practicing Jew. While local retailers attempt to accommodate small communities, the offerings are frequently limited, which makes online shopping a necessity. With reports that online food and beverage sales are now 1% of overall sales (or $6.5 billion), they may already be growing faster in the kosher sector. In addition to the small communities, online shopping has become a way of life for many Jewish singles, emissaries who travel the country to conduct outreach work, shut-ins, and many younger consumers who are making online shopping in general a way of life.

Some of the larger kosher on-line sites like Kosher.com confirm the demographic mix of on-line kosher consumers but they are also noticing significant shifts amongst traditional kosher shoppers. Although many still prefer the real feel of a supermarket, they are beginning to go on-line for specific specialty and gourmet items. Others are forced to go on-line because of their busy lifestyle or when the weather may be too cold for a mother with infants at home. Many of these “occasional” on-line shoppers ultimately convert to become regulars, the on-line kosher grocers say. For all of these reasons, I am rather confident of a bright future for on-line kosher shopping.


A New “Kosher Internet” May Open New Doors for Kosher
Almost from its inception, the Internet has been ruled off limits by leading charedi rabbis in Israel and the US. The edict was designed to protect the community from some of the “destructive influences” of the Internet. An exception was made for people who required the Internet for business. The edict meant that many homes did not own a computer or if they did they did not have on-line capacity. This also extended to cellophanes with internet access, which gave rise to the “kosher” cell phone. But that is about to change as the Matzavnet Jewish Network is scheduled to be launched on October 12th. The new network, which is endorsed by leading rabbis in the US, is affiliated with Matzav.com, which is associated with the Yated Ne’eman weekly paper. For $34.99 a month, subscribers will be able to receive high speed DSL, wireless modem and router. If it takes off, it may potentially involve more than 100,000 households, a source told me. It should spell good news for many kosher purveyors whose websites will no doubt be approved by Matzav. It will also be good news for the on-line kosher supermarkets such as the newly expanded kosher.com.

Observers expect that the new network will still face considerable opposition by some charedi sources. Others see it as the (anti-Internet) “wall that came crumbling down,” opening the door to many new charedi websites. Some kosher sources say that the new network may add some surfers but that the community “was already plugged in” to the Internet. They point to the popularity of the Orthodox bogs and the many comments that the sites inspire, mostly from charedi homes. I am delighted with this new development since it is a recognition of the power of the Internet to deliver kosher messages. It bodes well for the kosher community which is increasingly using the Internet to educate its customer base about its products. It may very well be that many of the people who will subscribe to the new service had some form of access anyway (perhaps at work) but increased home use can only mean that better days are ahead for the kosher community.

Time Out in Postville - September 14, 2009
The Forward reported recently that “the new owners of the beleaguered kosher meat company Agriprocessor are quickly facing criticism over their early management of the company.” Hershey Friedman, the Canadian businessman who acquired Agrioprocessor (now called Agri Star) is already facing pressure from a number of groups to meet and detail their plans for the company, the city, the workers and so forth. “I’m quickly starting to become impatient with the company’s lax attitude toward civic responsibilities,” said Jeff Reinhardt, a member of Postville’s City Council. Several people who have their pulse on developments in Postville say that the company needs time to put the house in order before it concentrates on establishing relationships with various groups.

I can understand that some of the groups are becoming impatient and looking for signs of change. But this isn’t an easy acquisition for the Canadian businessman and the last thing they need now is any kind of pressure that does not allow them to take firm control of the company. It would make sense that the new owners be given a period of grace, “a honeymoon” that even new presidents are given. I would suggest a “time-out” of at least 6 months to allow the owners to develop their plan, step up production of the poultry and perhaps begin the slaughter of beef. Steve Brackett, the pastor at St. Paul Lutheran Church in Postville told the Forward: “I think they are very busy, but I also think it would go far to calming tensions if they would at least host a community meeting.” Whose tensions would it calm? Certainly not the new owners who are trying to revitalize a company with such a checkered history.
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Kashrus on the High Seas
Spending Shabbat on the Aegean Sea wasn’t any different on this huge ocean liner than at any other luxury hotel. For my wife and I and nearly 100 others who were aboard the Costa Fortuna with its near 3,500 passenger load, the kosher cuisine was remarkable. Ofi Schiffman, part of the family that owns Kosherica, made sure that the visits to ports in Italy, Greece and Croatia was more than just a cruise aboard an elegant ship. He and a team of four mashgichim oversaw a glatt kosher presentation that was sumptuous, fresh, and creative. The Kosherica team had high praise for the ship’s crew and management that enabled the Orthodox Jews to enjoy the upscale glatt kosher meals as well as a synagogue on board that included Torah lectures and even dance classes for women led by Dassy Schuster. Headed by David Behri, the mashgichim made sure that kashrus standards were scrupulously observed. Glatt kosher meat was from Alle Processing in New York and Cholov Yisroel products were from France. The mashgichim koshered a large barbecue grill that enabled the kosher guests to enjoy two sessions. But perhaps most intriguing was the kosher bakery that provided for fresh breads and pastries every day on the 7-day cruise.

The cruise industry has for many years courted the kosher traveler, recognizing that it was a growing and loyal clientele. Almost every major cruise company makes arrangement for a kosher traveler much like the airline industry by providing the sealed frozen meals. But several companies like Kosherica, Eddie’s Travel and Lasko Tours have managed to arrange special kosher tours to worldwide destinations that offer haute kosher cuisine as well as cater to the other needs of the Orthodox traveler. Some kosher industry sources say that they expect continued growth in the kosher cruises in the years to come. My experience with Kosherica and its cruise to the Greek Isles was that it was like being in a luxury hotel that offers superb kosher dining and touring major destinations without having to pack your bags to each magnificent destination. My wife and I have become instant fans in a method of travel that combines the best of kosher with luxury.
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How Kosher is Your Airline Meal?
A friend of mine who traveled to Israel aboard Delta Airlines discovered that the special kosher meal he had ordered was not Glatt Kosher. The circumstances may be a bit complicated but here goes. In most cases, when a special kosher meal is ordered, it means a glatt kosher or mehadrin meal will be on board. The friend received such a meal on the Tel Aviv bound flight but on the return, he discovered that the meal was a “regular” kosher meal out of the Masbia kitchen outside of Tel Aviv, which also supplies El Al. It seems that the Delta office request for a kosher meal ends up as a regular kosher meal. The Delta office in Tel Aviv, however, does seem to have taken notice and is somehow capable of putting in the special request for glatt kosher. In other words, said my friend, “if I wanted a glatt kosher meal, I really should have contacted Delta in Tel Aviv and not the US.”

I recently wrote that I noticed somewhat of an improvement in the quality of kosher meals on flights departing from the US. On a web site comparing the kosher meals (www.airlinemeals.net), you can see the difference in the quality of the meals, depending on the kitchen it comes from around the world. I think that while kosher travelers expect a decent kosher meal while flying they are somewhat forgiving if it does not compare to the food served in an upscale New York restaurant. What was a bit discerning for my friend was that he had no way of knowing once he ordered the kosher meal, what kind of kashrus he was getting. His suggestion was that airlines should post where the meals come form and what the kashrus is. Amen!
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Enjoying Dairy While Mourning Meat
For some people eating fish and salads is a way of life, but for most kosher consumers, eating well means eating meat products. It is perhaps ingrained in Jewish tradition and culture that a meal means “meat and fish,” although the order is reversed since fish may not be eaten immediately after meat. These are the Nine Days when for observant Jews there is little choice but to eat dairy and pareve. It is part of the mourning period for the destruction of the First and Second Temple. I have to admit that I too am “a meat and potatoes” person but the non-meat period is always a refreshing experience. I discover dishes that I rarely touch during the rest of the year. I am quite surprised that I can I fill up on dairy and pareve dishes. Many of my friends also rave about the fish, pastas and cheese dishes, but for whatever reason rush back to meat as soon as they can.

There is also the issue of eating healthier, which the Nine Days menu seems to offer. I sometimes think that if we truly enjoy (perhaps the wrong word during a period of mourning) the dairy and pareve menu, why not make one or two nights a week a non-meat event. Several years ago, I had occasion to have lunch with a non-religious Jew at a meat restaurant with a Nine Days Menu. While I feasted on salmon, roast potatoes and vegetables, my colleague had lamb chomps, baked potato, and cole slaw. After finishing the meal, my colleague remarked: “I am quite impressed that you can go to a steakhouse and have fish.” My answer: “Well, it’s only for the Nine Days.”
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Time to Acknowledge the Men

More men are shopping in kosher stores these days than ever before. Ask any grocer and the chances are that he will agree that men are increasingly making the decisions of what to purchase and are even into recipes and meal enhancement. Research shows that almost one-third of men are now the principal shoppers in the home. With more men in the aisles, it is time to factor them into the marketing equation. I spoke to a few retailers and distributors and asked them if grocers have made any modifications to their stores to accommodate the men. One said that he had changed his signage to make it easier to negotiate the aisles, “particularly for men with lists.” I sometimes watch men being totally lost looking for baking ingredients, but this retailer felt that younger men today “are quite knowledgeable.” In fact, he noted that when it comes to gourmet items like dips, flavored herrings and sauces, it is the men “who often call the shots.”

Another grocer told me that more and more men are buying takeout. They seem to want “to be in control” of the takeout items that are bought at the store. The interesting thing is that this trend is also true for Orthodox Jewish families, the prime customers for kosher. There appears to be good reasons for that. Either they are part of large families and are doing the shopping to pitch in or are part of the growing cadre of two income families and are dividing the chores.

In interpreting Nielsen data that a third of food consumers are men, many marketers struggle with media messages and even placement, but in the core Jewish markets, the challenge has been simply positioning in the community that in essence appeals to both males and females. In other words, successful positioning of a product is gender neutral and success can be guaranteed with either. When I asked one distributor how to market to the men, he answered: “They are still more apt to buy items that are not necessarily the healthier items; so promoting some of the old fashioned foods as well as the newer gourmet items seems to be a good combination.”
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The Europeans Target Schechita Again
European Jews seem to be perpetually condemned to a tenuous acceptance of schechita as being a humane form of animal slaughter. Although they recently won a major victory in the European Union Parliament, the legislative body did not preclude further debate in each of the EU’s parliaments. Indeed, animal rights activists who are bent on banning both schechita and halal, have their sights set on taking on kosher slaughter in many parliaments. Although the prognosis for the future of Europe’s Jews appeared bleak only a decade ago, the opposite seems to be true these days with strong emerging kosher communities in Germany, Russia, Belarus, and the Ukraine. Although anti-Semitism has forced many French Jews to emigrate to Israel, the country remains the largest Jewish community in Europe. There are small but thriving kosher markets in the UK, Belgium, Holland, and Austria.
It is remarkable that the continent that is so soaked with Jewish blood should continue to be the biggest obstacle to a timeless custom that has been proven to be one of the most humane forms of animal slaughter. Although animal rights activists still argue that a shot from a stun gun is less painful than a single cut from a sharp knife, most scientific research tends to agree with the ancient rites. The larger question is why this issue resurfaces again and again. Why can’t a religious minority enjoy the peace of mind that one of its most sacred customs should not come under repeated attack? How gratifying it would have been for the European Union Parliament to adopt a unanimous vote that says: Kosher slaughter is humane. Period. End of Story! But then again, this is Europe.
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Danone, Pioneer in New World of Kosher, Loses its Founder
It was in the early ‘90’s, a time when a whole new world of kosher was coming into its own. Yosi Heber, then a marketing director at the US Dannon company, finally convinced his bosses that it was time to convert a generic “k” to an OU with the obvious exception of those products that used animal based gelatin. The company made the change and it virtually took the whole food industry with it. Dannon was able to document that in a period of less than a year, Dannon had earned $2 million as a result of its OU certification. Given its background, it is no wonder that Dannon took that historic step.

Last week, we learned of the death of Danny Carasso, the honorary chairman of Danone. When his father, Isaac, created the yogurt in Barcelona in 1919, he named it after his son, whose nickname in Catalan was Danon, or Danny. From this small start-up operation Daniel Carasso developed a global business, beginning in France in 1929, expanding to the United States during World War II and eventually reaching markets as far-flung as Mexico, Brazil and Morocco. Mr. Carasso was born in Thessalonika, Greece, where his Sephardic family had settled four centuries earlier after the Jews were driven out of Spain. In 1916 his father took the family back to Spain, where he became disturbed by the high incidence of intestinal disorders, especially among children.

Isaac Carasso began studying the work of Metchnikoff, the Russian microbiologist who believed that human life could be extended by introducing lactic-acid bacilli, found in yogurt and sour milk, into the digestive system. Using cultures developed at the Pasteur Institute in Paris, Isaac began producing Danone. In 1941 he fled the Nazis and arrived in the United States. There he formed a partnership with two family friends, Joe Metzger, a Swiss-born Spanish businessman, and his son Juan, whose flair for marketing would make Dannon a household name in the United States. Mr. Carasso returned to Europe after the war to restart Danone in Spain and France. He then embarked on an aggressive campaign to expand the business by establishing Danone plants in other countries and merging with other food companies. The rest, as they say, is history. Of all the major US food manufacturers, who would have thought that the world’s leading yogurt manufacturer was a refugee from the Nazis.
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Rushing to Judgment in the Streit’s Fiasco
It was an unfortunate incident for the Streit family when it learned just several weeks before Passover that its Matzoh would not be acceptable in many of the stores supervised by the Vaad Harabbonim of Queens and the Vaad Hakashrus of the Five Towns. The reason: The matzoh no longer had a national certification (it dropped the Kof-K and relied on the hashgacha of Rabbi Moshe Soloveichik, son of the late Rabbi Ahron Soloveichik who had certified the company for decades prior to his death). The incident immediately became the subject of sensational articles in at least one Jewish newspaper and the gossip of choice for many bloggers. The two Vaadim were called the “Kosher Nostra” by one site while the newspaper called for the head of the rabbinic administrator of one of the Vaadim. One blogger called for more transparency in kashrus, obviously not buying the reason given by the Vaadim. But in my conversations with leading kashrus officials, it appeared that transparency is exactly what they are trying to avoid. Said one: “Even if we catch someone red-handed with a kashrus violation, most responsible agencies and rabbonim will do everything in their power to couch the violation in something vague and broad that hopefully will not destroy the reputation of the perpetrator but will be enough to get the message to the customer.”

One rabbi recounted an incident where he caught a chef in a restaurant using a non-kosher ingredient resulting in his removing the hechsher. “I simply issued a statement saying that I was removing my hechsher without saying another word. I subsequently advised many of the people that called me that it was for kashrus reasons without saying a word about the non-kosher ingredient.” Some of the rabbis I spoke to seemed to agree that even if there were some kashrus violations (and they were not sure there were any other than the added trust of a national kashrus symbol), Streit’s should not have learned about it a few weeks before the holiday and from the press. But transparency, they say, will never happen. “We’re not in the business of loshon harah (speaking evil),” said a prominent kashrus authority, “but we are in the business of telling the public whether or not we have confidence in the products we certify.”

As I surfed the blogs, I could not help but notice that many of the authors are the same bloggers who surface at every possible hint of a scandal in kashrus. The “gotcha” crowd seemed to eat up the Streit’s story though I suspect that a year from today it will long have been forgotten as the bloggers move on to the next “scandal”.
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A VAT on Fruit and Produce? May 18th
There is a plan in Israel to levy a16.5 percent value added tax on fruits and vegetables. Like other world economies, Israel is looking for new sources of revenues to deal with the effects of a recession. The feeling is that this will be enforceable only in supermarkets and in many independents, creating a huge “black market” for fruits and vegetables. Said Rami Mandel, CEO of the Coop Israel supermarket chain, "We are expecting a massive transfer of customers to switch from buying at regular supermarket chains, which pay taxes and employ thousands of people, to buying at markets where prices change by the hour. As a result, we could see profits from sales of fruits and vegetables drop by 20 percent." Produce sales account for 13% of supermarket business, Mandel said.
As part of the 2009-2010 budget deal, which was approved by the cabinet, the government seeks to raise VAT on goods from 15.5% to 16.5% starting this July and levy VAT on fruit and vegetables, which until now were exempt.

This plan does not make sense to some of my friends in the food industry in Israel. They are particularly concerned over its effect on the many poor Jews who buy kosher. They also argue that it will have a damaging effect on Israel’s supermarkets. Today, more than 60% of produce is sold in supermarkets, but if Israelis learn to shop for fruits and vegetables in open-air markets, the supermarkets will be the losers. Meir Yifrah, of the Fruit and Vegetables Association says "The damage to fruit and vegetable growers, and to the agricultural sector as a whole, is estimated at hundreds of millions of shekels, which the sector, in a time of an economic crisis, cannot absorb." My sources tell me that this proposal will fail in the Knesset. I hope it does because it just does not make any sense in any economy, but particularly now.
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Take Me Out to the Ballgame! May 4th, 2009
I was a child when the Brooklyn Dodgers played their last game at Ebbets Field but the stadium on Bedford Avenue stuck in my mind even as the Dodgers left for the West Coast and I was growing up. Visiting Citi Field last week, it all seemed to come back to me as the rotunda and the entrance very much reminded me about good old Ebbets Field. In fact, once I entered, I found it very hard to believe that I was in the new home of the New York Mets. All of the huge photos and the memorabilia were of Jackie Robinson of the Brooklyn Dodgers.

The stadium itself was magnificent and although much smaller than Shea Stadium, the arena that it replaced, it had a charm that made it a delight to visit. The Mets also seemed to go out of their way to upgrade the glatt kosher food, albeit like the $18 parking fee and the pricey tickets, the fare was not inexpensive. With four locations, Kosher Sports, which also provided the glatt kosher food at Shea, offered an upgraded menu in what is now called the “Kosher Grill.” In addition to the customary hot dogs, knishes and pretzels, there were also sausages and grilled vegetables, all prepared on an open grill. The lines, which included all sorts of Jews and even non-Jews, were long as it took about two innings from beginning to end to get the food.

The glatt kosher food was tasty as the quality provisions from Abeles and Heymann always are (the knishes are from the Oceanside Knish Factory). One of the workers at each of the stands also served as a mashgiach. With no kitchen involved, it was easy for the worker to both supervise and serve. The kosher stands, as usual, also became impromptu shuls as minyanim were constantly being started for Maariv. Although I have yet to visit there, word is that the Yankees significantly upgraded their glatt kosher program in conjunction with Ouri’s, a glatt kosher caterer in Brooklyn. Meanwhile, in other stadiums across the country, glatt kosher fans can only dream about the convenience of their New York brothers and sisters, although there are some kosher programs in several stadiums (including Camden Yards in Baltimore and Jacobs Field in Cleveland). Late in the game in Citi Field, a Jewish usher stood on line for a knish, volunteering the opinion that “to be Orthodox today is to eat kosher and to be a baseball fan.”
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Black Friday in the Kosher Market - April 20, 2009
Passover had just ended an hour or so ago on Thursday night when supermarkets and grocery stores were again filled to capacity. In Boro Park, some stores had barely had a chance to remove the paper that covered the chametz products when shelves were quickly emptied. A fully-stocked aisle with cereals emptied within an hour as the manager rushed to restock with boxes hastily brought up from the basement. Just two stores down, there was a line out the door for the customary (not based in Jewish law) post-holiday pizza. Kosher pizza parlors only sold pies that night. The next day Friday wasn’t just an ordinary “isru chag” (the end of the holiday); it was “erev Shabbos” and kosher households were hastily combining leftovers with fresh takeout foods and challah prepared since the holiday ended.

So busy was the Friday in Jewish communities throughout the US that one retailer aptly called it “Black Friday,” the reference to the day after Thanksgivings that officially launches the December holiday buying season. The irony is that some retailers seemed ill prepared for the post holiday onslaught, prompting one to ask in an e-mail: “Is the day after Passover also a holiday?” The fact that this year the day after Passover was on the eve of Shabbos compounded the problem but it might be a good idea for retailers to prepare their staff for the day when Jews restock their pantries. Rabbis traditionally warn their flock not to restock just in any store and to make sure that stores that may be Jewish owned or Jewish managed and are thus required to “sell” their chametz.

The good news is that Black Friday in the kosher market comes around every couple of years on the Jewish calendar but the breaking news is that next year it will be Black Wednesday.
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The After Pesach Rush - March 30, 2009
A Long Island supermarket manager said that he considered himself “well trained” to handle the Jewish clientele for Passover. “I really read up on the holiday and am lucky in that the rabbi gave me a great deal of support.” But he and others in the food retail industry were unprepared for a non-holiday Jewish event that does not even appear on the Jewish calendar. “All of a sudden on the day after Passover customers literally raided the store buying multiple boxes of cereals, crackers and snacks.” It seems no one warned him about the mad rush to restock pantries on the day after Passover.

This year, with the end of Passover falling on Thursday night (April 16th), there will be only one day to restock and to prepare for Shabbos, which will require additional planning and a great deal of labor on Thursday night. One rabbi told me that he was unlikely to “transition back to chametz” until after Shabbos, but most kosher consumers make the changeover almost instantly. In many households on Thursday night, while the transition is being made there is the tradition of rushing to the pizza store, which they avoided for 9 days.

Some stores plan for the transition by already positioning their basic chometz items overnight on Thursday for sale the next morning. Retailers say that many customers restock slowly, first buying some basic cereals, breads and crackers and moving on to the pastas, noodles, and cakes. The manager I spoke to adjusted to the “day after” rush by opening in the early hours of the morning to make sure that all of his chometz items are well stocked. He said that it often takes the kosher purveyors “a good week to fully restock the store with all kosher products.” He joked that in the past two years he couldn’t given the post holiday rush the attention it deserved because management had called him to a meeting to discuss next Passover.
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Scratching Your Head Before Passover - March 16, 2009
What to do? The invoices for some of the Passover goods are at least 10% higher than they were just a year ago. Many of my customers lost their jobs, at least two have their homes in foreclosure. My prices will most definitely come under closer scrutiny than usual. This was the dilemma faced by several retailers as they set up their Passover aisles. Some already complained to me that they work on extremely low margins and they sometimes wonder if it is worth the effort. Of course, they can’t be serious because if they took a vacation on Passover, the customers might take a vacation the rest of the year from that store. One retailer told me that he would try to make up the difference “by adding a few pennies to the higher priced items.” He was presumably referring to the gourmet items or even perhaps the Shmura Matzoh. But no, shoppers are aware of the price differentials on the Matzoh.

In addition to the pricing dilemma, the retailers also must play the game with a significant merchandising program. They can’t afford to sit out the promotions and discounts game if everyone else is doing it. If you still don’t feel sorry for them and wonder why Passover foods should be more expensive, spend a day in the store and see just how labor intensive Passover is. Watch them restock shelves, cover over certain aisles, line many shelves and countertops and clean almost every nook and cranny. But still they scratch their head, rationalizing that even if margins are smaller, they are in it for the long haul.

In one store I was in, a price sticker was covered over with three additional layers. When I asked the owner why, he flatly said “that’s how many times we’ve changed our minds.” Sure, it might look like the retailers are raking it in, but when you watch them scratch their heads, you realize that it’s not that simple.

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A Purim Industry Takes Shape - March 2, 2009
Purim is no longer a one-day event that happens to fall 30 days before Passover. With $250 gift baskets and a growing number of Web sites, it has emerged as a serious event for manufacturers and retailers.  A rabbi who was trying to figure out how the holiday evolved from a requirement to send two foods to two people to a multi-million dollar holiday speculated that Purim was another example of modern-day marketing. He said that his wife prepared nearly 150 Mishloach Monos packages that are sent to acquaintances, growing each year by 20. Some charities have made Purim a focal point of the year-round fundraising with some preparing upward of 20,000 packages for sale as a way of raising money for a school or synagogue. The rabbi yearned for the simple days when Mishloach Monos was a relatively simple way of gift giving as prescribed in Megillas Esther (Book of Esther). What fascinated me is that Purim is no longer a holiday celebrated in some rigorously Orthodox neighborhoods, but in many more secular Jewish communities. Supermarkets around the country now have gift baskets on display. My rabbi friend described how his wife begins thinking of creative ideas months before Purim, “probably trying to outdo her friends, “he says. SuperValu did not loose sight of the growing number of Purim celebrants, running special promotions on foods used for Mishloach Monos as well as the festive meal. Wine and liquor stores around the country are reporting increased sales of the more expensive variety. At Pomegranate in Brooklyn, Mishloach Monos meant giving customers a choice of filling a basket of gourmet cheeses, sauces, and even olives. One Long Island retailer called a holiday “that launches the bigger missile, Passover.” But there is no question that Purim has made it on the Jewish calendar, big time and even in a recession.

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A Rabbi Takes on a Journalist - February 17, 2009
A column in the Wall Street Journal (February 5, 2009) entitled “A Quarrel Over What Is Kosher", by the Forward’s Nathaniel Popper, seemed aimed at keeping the Agriprocessors saga alive. Mr. Popper is the writer who takes credit for first blowing the whistle at conditions at the Postville plant. Rabbi Avi Shafran, affiliated with the Orthodox Agudath Israel of America, raised some interesting points about the article in his own piece that appeared in many Jewish publications. Here are some excerpts:

”In his 'Houses of Worship' guest column, Mr. Popper reveals some personal cards, of the sort usually held behind the fictional screen of journalist objectivity. Like his comparison of 'bearded Orthodox rabbis' who 'buzzed around the Agriprocessors plant' making sure kashrut laws, but not ethical norms, were being observed with the 'progressive, socially engaged and mostly clean-shaven rabbis' who rode in, so to speak, on white horses to rescue Agriprocessors from itself. Popper also characterizes efforts to persuade a judge to grant bail to a Rubashkin official – imprisoned before his trial for months despite offering to surrender his passport, wear an electronic bracelet to track his movements and post an exorbitant bond – as a campaign 'to spring Mr. Rubashkin from jail' because of 'an ancient Jewish religious obligation to free Jews from gentile captivity.' No mention of the fact that Sholom Rubashkin’s Jewishness (as it made him eligible for automatic citizenship in Israel) was among the factors cited in denying him bail. (The bail denial was in fact reversed by another judge – although Mr. Popper might consider the ruling tainted, based as it was partly on the testimony of bearded rabbis.)
Mr. Popper’s personal perspective is further on display when he extols “a more explicitly universal vision of mankind, in which a Guatemalan Catholic has the same weight as a Brooklyn Jew” – as if a spiritual bond to a religious community somehow implies criminal unconcern for others…

When, in the fall, Agudath Israel of America characterized Hekhsher Tzedek as an attempt to redefine kashrut, that judgment was pooh-poohed by some. It is, though, precisely the Popperian paradigm…
He doesn’t bother to disguise his feelings for Jews who believe that the Torah is God’s will and that its laws, whether fathomable or not, are sacrosanct; and he exposes the now-it’s-a-hekhsher-now-it’s-not initiative as an attempt to “evolve” kashrut into a plank of the social liberal platform. What Mr. Popper seems to not fully appreciate, though, is the trenchant fact that the very same set of divine laws that Orthodox Jews believe mandate kashrut and other ritual requirements and prohibitions mandate no less interpersonal ethics (including proper treatment of workers) and respect for the laws of the land.

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Mintel Report a Confirmation of Strength of Kosher- February 3rd, 2009
The latest 2009 Mintel report on the state of the kosher food market confirms that Americans of all backgrounds continue to covet kosher products. Most encouraging for the kosher food industry is that Americans continue to value kosher because of its additional supervision and perceived quality. The Mintel survey seems to reaffirm that the significant negative publicity surrounding a major kosher meat packing plant had little or no effect on the perception of Americans that kosher is better and healthier for you. There were, however, some findings that do pose a challenge for the industry. One significant finding was that kosher has a perception of being more expensive. In reality, many dairy and meat products are more expensive but the majority of products on supermarket shelves are not.

While the news is encouraging that Americans are buying kosher food products, it is important to keep an eye on the core consumer group, Jews who eat kosher, who are essentially the engine that drives this market. The study would seem to confirm that the numbers for this group have not appreciably grown, but it is also clear that they remain a steady “brand loyal” group of consumers that add value to any retail establishment. The study also confirms the growing prominence of Wal-Mart as a kosher destination and highlights the prominence of younger consumers as a driving force in the kosher market.

The report was issued at a time when the full supply of kosher meat is still tenuous. Some markets have never resumed supplying kosher meats while sporadic shortages continue in many large markets. There were some that had predicted that the 2008 events in Postville would result in irreversible damage to kosher. These prophets of doom, at least according to Mintel, were proven wrong.

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Obama’s First 100 Days and Immigration - January 20th, 2009

The May 2008 immigration raid of the Agriprocessor plant in Postville IA crystallized what many already knew: The nation sorely needs an immigration policy that will address the vexing problem of some 19,000,000 illegals by one count. In fact, ICE (Immigration and Customs Enforcement) agents seemed to craft policy as they go along. For example, those arrested in the Postville raid were criminally charged with presenting false documentations, incarcerated, and then faced deportation while in subsequent raids, the arrested were not criminally charged but were processed for deportation. President Obama has promised to address the issue and perhaps once and for all let Americans know what to they can and what they cannot do with the illegals. If most of them will be granted immunity and be allowed to stay, for example, they will become part of the legal workforce at a time when Mr. Obama is also promising Americans a major job initiative.

The policy that will have to be developed by the President and Congress needs to address industries that have no recourse but to hire foreign labor. The meat industry is notorious for not being able to hire Americans for some of the gruesome tasks in a slaughterhouse. In the olden days immigration policy was indeed based on the needs of the US labor force. Many immigrants came to this country legally because there was a need for their craft. This was a clear message of the federal government that its first priority was to meet the needs of the US economy.

I have spoken to many in the kosher food industry who are concerned about what Obama does or does not do with immigration. Although not part of the meat industry, manufacturers often have difficulty finding employees that will work the hours and the tasks that are demanded. Will this become a priority for the Obama administration in its first 100 days? The likelihood is that it will not and that the non policy on immigration will continue for some time. In the meantime, let us hope that the kosher industry abides by the current laws and that it is not singled out until a new policy emerges.

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Is Kosher Really Healthy? - January 5th, 2009

There has been a considerable shift in kosher that points to a much greater emphasis on health. It was clearly in evidence at the recent Kosherfest, where there were more health products than ever. There were spelt-free, organic, natural, sugar-free and the like in many of the exhibiting booths. But in speaking to several nutritionists over the past few months, there is a feeling that kosher promotes non-healthy foods as much or more than it does health products. They point to the high concentration of protein and fat in the diets of Jews who observe the Shabbos. One nutritionist said that the popularity of such fatty foods as kugel and cholent is worrisome, particularly as many young people eat the fare even on weekdays and not just on Shabbos. Foods like herring, with its high concentration of sodium, is another example of foods that are extremely popular with younger kosher consumers.

Another related subject that was also dragged into the debate over kosher and health was the hot topic of child obesity. The nutritionists argued that many of the kids products produced by the kosher food manufacturers promote child obesity and contribute to the already high rate of diabetes and hypertension amongst Orthodox Jews. “Take a walk through the snack aisle of a kosher food supermarket and you will see why obesity is so prevalent amongst young Orthodox Jews.” But kosher purveyors actually feel that kosher offers a lot less of the “junk foods” than does the general market. They say that they have been more concerned with health than even the general market and refuse to accept the criticism. They point to the large number of health products that they have produced in recent years.

But many consumers feel that the criticism is well placed. They say that while some progress has been made in the production of healthy products, it is still far from acceptable. The truth, as usual, may be somewhere in the middle, but the good news is that at least there is some debate over a subject that in many kosher circles was taboo, at least until now.

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Is it Passover Already? - December 29th, 2008

It’s hard to believe, but Matzohs are already being baked for Passover, which is now little more than three months away. Yes, it’s early if you consider that in a leap year (like last year), Passover can fall at least two weeks later. People who are involved in the kosher food industry know that when Passover falls too early, like when it begins on the last day of March, people behave differently. One organizer of a Passover program in Miami swears that when it is early he does much better then when Pesach is late. “It’s just that people want the warm weather for the holiday and when it’s cold up North, my sales do much better. For retailers, an early Passover can mean a mad rush in the last few days before the holiday.

Jewish anti-poverty agencies are also looking at the calendar. They are predicting an unprecedented number of people who will be applying for assistance due to the ravages of the recession. Sure, they receive some donated food from benevolent purveyors, but they are also forced to buy many items and with prices being as high as they are and facing a shrinking charity dollar, they have good reason to be concerned.

Speaking of prices, the prospects are for prices to rise again this Passover, further taxing kosher consumers who have already been hit hard in the past year. But there are also many heroes in the kosher market who have been reluctant to pass along price increases. I have spoken to retailers who told me “How can I raise prices when my customers are struggling.” There are stores that are somehow putting together a promotions program that still allows customers to secure bargains. And what about manufacturers who are silently absorbing some of the price increases for raw materials?

Every time I write about increased prices and the recession, there is always someone who challenges me with “No, I am not raising prices.” So if it seems that I am on to Passover a bit early, maybe it’s because I was just looking for an opportunity to shower some accolades on a group of very deserving people.

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2009: A Look Back and a Look Ahead - December 22nd, 2008

So what kind of year was it for kosher? A strange one. We all know what the cover story of this year’s kosher yearbook is: The rise and fall of the Rubashkins. But as much as they were a central part of the kosher story, the cover story for kosher is The Rise and Rise of Kosher Foods. The big story in this issue is that kosher topped all other categories as the leading claim on new products. The number itself, well over 5,000 new products with kosher symbols, is staggering. That many Americans turn to kosher for safety and security is also incredible. This points to the resiliency of kosher in what could easily be termed one of the worst years for the image of kosher. This was clearly in evidence at Kosherfest as many new and interesting healthy and gourmet items were on display with a smattering of meat companies that were struggling to fill the void for kosher meat. Along with the launch of so many new products was another big story, the upscaling of the kosher food retailer with many new luxurious stores for kosher foods and wines.

Which brings us to 2009. The prospects continue to be bright for kosher despite a deepening recession and the continued fallout from the Agriprocessors fiasco. I suspect that there will be somewhat of a shakeout in kosher beef and poultry with the result being that either a new Agri will emerge or the supply will be filled by a combination of many regional and existing national purveyors. I wouldn’t even be surprised if the local butcher made somewhat of a comeback. Supermarkets will in time recover to continue their impressive strides in kosher. There will no doubt be some additions to the national grid of kosher stores just as there were nearly two dozen new stores opened in 2008.

Food executives have always believed that the industry was basically recession proof. “People have to eat,” was the common explanation. But this time around the recession seems deeper than in the past, affecting more people than in the previous economic slowdowns. There are signs that consumers are adapting by cutting back on purchases, eating out less, and shunning more expensive items. The recession may be a major story for kosher in 2009, but the industry is hopeful that it can weather the economic downturn.

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The Sidebars to the Agriprocessors Fiasco - December 15th, 2008

By the time you read this, bankruptcy trustee Joseph Sarachek may already be close to a deal for the sale of Agripricessors, of late rumored to be conducted by Quantum Partners of Boca Raton. So long as the $35 million bank debt is dispensed with, say the experts, a deal is possible. In the meantime, the bank has agreed to fund the kosher slaughter of some 750,000 chickens. But get this, at meeting at the Fine Arts and Civic Center in Postville last week,  Sarachek told the more than 100 people present that the Rubashkin family was no longer in charge of the plant and that all decisions rested in the hands of the bankruptcy court. True, but the rumored suitors want the Rubashkins to help them run the business, probably without Sholom Rubashkin, who the prosecutor and a judge says is a flight risk. Why? Because of Israel’s Law of Return. Now no Jew can ever hope to receive bail because the federal judge in the case, Magistrate Jon Stuart Scoles, cited the Law of Return in his Nov. 20 decision denying Rubashkin bail. Rubashkin has already surrendered his passport, has agreed to house arrest and even to hiring an independent security force and the likelihood is that he would be extradited from Israel.

More oddities from Postville. The Reverend who lambasted Agriprocessors regularly and whose church was the source of many of the abuse stories that appeared in the press, is suddenly complaining about the depressed conditions in Postville. The Governor’s office, which had not shown its face throughout this ordeal for Postville and the region, suddenly showed its face in the person of Lt. Governor Patty Judge. She announced the distribution of the $698,000 grant to help those out of work with such necessities as rent, mortgage payments and utilities. Along with Judge came many elected officials who since May 12th did not show up even once. Then came the representatives of the U.S. Senators, who also had not visited the town even once. And guess who criticized them, Father Paul Ouderkirk of St. Bridget Catholic Church, who was in the press day after day bashing Agri. Father Ouderkirk said Judge and the other politicians"needed to be here sooner to see how these people have been hurting for months since the raid." Pastor Steve Brackett of St. Paul Lutheran Church added that "their appearance would have drawn quicker attention to our plight if she would have come sooner."

There has been little assistance to the hard-hit Jewish communities there who rely on occasional shipments from Crown Heights and packages from relatives. Meanwhile, two other entities that figured prominently in the demise of Agriprocessors were also in the news. A PETA-supported website took credit for closing Agriprocessors. With a “thanks for your support”, PETA includes the achievement in Postville as proof of its successes. The Forward, whose articles were quoted in an affidavit that accompanied the May 12th immigration raid in Postville, was awarded three "IPPIES" for journalistic excellence from the Independent Press Association (IPA).

The IPPIES are the only journalism awards that honor the outstanding work of New York journalists, photographers, graphic artists, editors and publishers of ethnic community press. J.J. Goldberg, the Forward's editorial director, was awarded first place in the "Best Editorial/Commentary" category for "Judging Character -- and Kashrut." The editorial, published on August 15th, traces the history of the problems at Agriprocessors plant in Postville, Iowa and the Rubashkins's legal entanglements. At the awards dinner on Friday, December 6th, keynote speaker Julia Preston, New York Times Immigration reporter, praised the Forward and Nathaniel Popper for the "blistering report" published two years ago about problems at the Agriprocessors plant in Postville, Iowa. There you have it, and the picture is not a pretty one!

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Gut-wrenching but Inspirational - December 8th, 2008

The funerals of the kashrus supervisors as well as the rabbi of the Chabad Center in Mumbai and his wife were both nothing short of gut-wrenching. The cries of “tata” (father) and “ima” (mother) made the heart sink as it drove home the enormity of the tragedy in Mumbai. Two rabbis who made a brief stop at the Chabad House on their way to the airport, the engine of the taxi running outside, to pray and grab a quick bite became instant martyrs. The nanny who smuggled little Moshe out of the reach of the brutal murders will long be remembered as an example of human decency in the midst of evil at its worst.

The stories that have emerged about the life of Rabbi Gavriel Noach Holtzberg, the 29-year old Chabad rabbi were nothing short of inspirational. Stories like the rabbi personally going to the market to buy 80 chickens for kosher slaughter to supply visitors and locales with kosher chicken. Aided by his 29-year old wife Rivkah, the couple were kosher slaughterers, chefs, caterers, and hosts for anyone that walked through their doors. No metal detectors. No security checks. Only an open door like the world was before the scourge of terrorism made its debut on the world scene.

My column last week was warmly received by many in the kosher industry because as one e-mail put it: "Even in today’s world there is a great deal of sacrifice by many just to make kosher food available. My grandmother used to go the market in Siget, Hungary and have the chicken slaughtered by a shochet and then she toiled salting, plucking, and preparing the chickens for the family.” Sound familiar? Yes, Mumbai in 2008, before the evil terrorists brought us all back to the realities of 2008.

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The Mashgichim: Tragedy in Mumbai - December 1st, 2008

When I first heard the news of the attacks and hostage situation in Mumbai, my mind immediately wandered to other recent natural disasters and terrorists attacks where mashgichim (kashrus supervisors) were caught in harm’s way. Who would think of the notion that travelling to supervise a plant could possibly be a dangerous occupation? But then again we live in an era where even being a tourist can be dangerous. In fact, terrorists purposely select tourist centers as their targets for obvious reasons. It can cripple a nation whose economy depends on tourism for revenue.

But even in good times, the young men who crisscross the globe to certify plants live very difficult lives. They are often separated from their families with many children at home for many days and even weeks. They live in hotels and have to be creative in feeding themselves kosher food. One mashgiach who was assigned to hashgacha work in Thailand told me of his 6-hour bus trip on an old bumpy road just to get to the plant. Many of these mashgichim double as shluchim (emissaries) of the Chabad movement who work tirelessly with small numbers of Jews who either live there, travel on business, or visit as tourists. The late Rabbi Gavriel Noach Holtzberg, the energetic head of the Chabad Center in Mumbai doubled as a mashgiach for the OK. You cannot imagine what it means to be in a place with little or no Jewish life and to be served a hot meal by someone like Holtzberg and his late wife Rivkah, both so brutally murdered in Mumbai. I know. I’ve been there.

As consumers, we sometimes take for granted that the delicious foods that are manufactured abroad somehow manage to get to the grocery shelves kosher. We have no idea of what some mashgichim go through to get there until we hear the tragic news from places like Mumbai. Rabbi Aryeh Leibish Teitelbaum and Rabbi Benzion Chorman were the latest heroes who found themselves in harm’s way just to be able to bring us more kosher products. I have often called them the unsung heroes of our generation. I remember writing a similar piece after the tragic death of Rabbi Thumim, who perished in a crash of a small plane.

Even mashgichim, and even rabbis and kosher slaughterers who work in this country often travel long distances, rise in the middle of the night, eat out of a can of tuna fish, sleep in motels and are separated from their families. We pray and hope that the sad news out of Mumbai will be the last.

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Sadness in Postville is a Sad Day for Jewish Community and America - November 24th, 2008

Here is a picture that I gathered of what life is like from people living in the Postville community these days: smiles are hard to come by as Postville’s Jewish community and even non-Jewish resident endure nightmarish conditions. The conversation, say residents, invariably turns to how much longer to hang on. A few have already packed their bags leaving their community behind for an uncertain future back East. There are the constant threats from the utility companies to cut off service. The once thriving Agriprocessors plant is a virtual ghost town as some schochtim cling to the rumors that a suitor or savior will return them to their former jobs. The look on people’s face tells the story. Shelves in the kosher store are virtually empty with shipments of food arriving to some from relatives in other parts of the country. There is talk of relief from some Jewish communities as well. The yeshiva continues to function, but the teachers have not been paid in weeks. How long can they continue before they prematurely end the school year?

When the discussion is not on their own plight, it quickly turns to the sad state of affairs for the Rubashkins, once the heroes, the providers, and the benefactors of the entire community. Now a federal magistrate judge won’t allow Sholom Mordechai Rubashkin, who remains in a Dubuque jail on bank fraud charges, to return to his despondent family, who he loves so dearly. Eyewitnesses say that he is being treated like a hardened criminal and not like someone accused of a white collar crime. Some who own houses were amongst 500 homeowners who offered their house as collateral if Rubashkin fled the country, as the government convinced Judge Jon Scoles that he would. Prosecutors claimed in a hearing Wednesday that a travel bag packed with passports and $20,000 in cash and silver coins, was found in Rubashkin’s home. Rubashkin’s attorneys claimed that he was deeply connected to his family and the Postville community and posed no risk of flight. The once proud Rubashkin and his family desperately need assistance to cope with their mounting legal bills. A community effort to help is underway. Who would have believed?

The non- Jews in Postville also show worry on their faces. There is virtually no alternate industry in the community to help them support their families. The impact of what happened here is felt throughout the region, from local gas stations to cattle growers. It is a life full of sadness these days in Postville, but the rest of the Jewish community and indeed America has thrown this community to the dogs. How sad!

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The Graying of the Kosher Food Market - November 17th

The Kedem booth at Kosherfest has become over the years a beehive of activity. In almost every corner stood a group of buyers or kosher industry people eyeing some of the wines and foods that are part of the Kedem group of companies. But taking in the sight, I focused on a scene that perhaps holds a great deal of meaning for the future of the kosher food industry. In the center of each of the groups was a member of the Herzog family spanning three generations. The smooth transition between the generations appeared to commence without the bloodletting that has characterized other family businesses so widely covered in the press. At other booths too, especially in the family-owned kosher businesses, a new generation of young would-be-entrepreneurs were holding court next to their parents and grandparents, signaling that the kosher industry of yesterday was rapidly graying and that a new generation of kosher food producers was emerging.

Like in most inter-generational family owned businesses, the ascension of the younger group does not come without a price. There is the learning curve, the propensity for errors, and at times, gaps in the preservation of an image of a family brand. But the group I saw walking Kosherfest was full of enthusiasm, creative and prepared to take their family business to the next level. The older generation seemed fully prepared to let it happen. Even better, they were kvelling at some of the things that were already done by the younger members.

Whenever one sees the positive dynamics of a smooth transition in a family business, it is heartwarming. To see it happen to virtually an entire industry is inspirational. One father of a young man now practically running the company told me,“I have to admit that I was more than skeptical that he would be able to fill my shoes, but in the end he simply got himself bigger shoes and he fit those as well.”

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Notable Absence - November 10th

When Kosherfest ’08 opens tomorrow at the Meadowlands Exposition Center, visitors will no doubt notice the absence of Agriprocessors. The embattled and now bankrupt kosher meat producer has been put out of business for the moment, creating a critical shortage of glatt kosher meat. I purposely held my fire for a week (which prompted several e-mails inquiring why I chose to ignore the story in my column last week) to assess the impact on the market and it turned out exactly as I had feared. Supermarkets throughout the country with empty kosher meat shelves, kosher caterers scrambling to find meat, prices on the rise, Jewish communities without meat for Shabbos, Jews who proudly switched to kosher meat opting instead for treife meat (as one rabbi reported from the Midwest).

So I have finally come to grips with the fact that while the clock was turned back about two decades for Jewish communities throughout America in terms of the supply of kosher meat, the events in Postville led to a much larger human tragedy. An entire community has been devastated economically, cattle suppliers and others who did business with Agri were severely impacted, hundreds are out of jobs, unable to pay their bills, entire families have been separated, and so it goes. Just when the reports of severe kosher meat shortages were coming in, I pulled out an old e-mail of the many I received since the infamous PETA video, which many consider the turning point that led to the demise of the Rubashkin empire: “Stop creating this hysteria. It won’t take a day and the market will take care of itself.” Several blogs insisted that they were certain that the market would ultimately fill the void. At this juncture, I too chose to be hopeful although not as optimistic as some of these anti-Agri forces. Ironically, those who led the charge against Agriprocessors, will not be victims of the shortage. Neither the unions, animal rights activists, left wing Jews, or even those leading the charge for a new kosher certification (Hekhsher Tzedek) eat glatt kosher meat (or any meat for some). In an ironic twist, those reporters who relentlessly attacked Agriprocessors for its alleged practices were now covering the shortages of kosher meat.

Agriprocessors was in large measure responsible for the huge expansion of supermarkets offering full kosher sections. With fresh meat, bakery, and fish, the kosher store within a store became a major attraction and contributed to the explosion of kosher. There are many rumors about a reorganization of Agri under different owners, new initiatives by investors, and even expansion into glatt kosher meat by existing kosher food companies. It is difficult to see how anyone will fill the void in the short  term, but I certainly hope that the supermarkets will continue to provide the vital service and that ultimately somehow someday they will once again be able to offer kosher meat as well.

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So what’s new in kosher? - November 3rd, 2008

I can already anticipate the question by reporters at the upcoming Kosherfest.  Some are not satisfied with just surveying the new products that are in the New Product Showcase or the list of winners of the annual New Products Competition. The answer was simple when you were able to point to an Entenmanns’s or a Nabisco, particularly the Oreo, that had gone kosher. But the supply of large icon companies and brands that make the decision to go kosher has long since dried up since most are already kosher. The fact that kosher is not making news with big name additions should not be viewed in any way that kosher has plateaued. On the contrary, kosher is on the rise for a variety of reasons that bode well for the industry as a whole.

Today, kosher offers the kosher consumer an unprecedented variety of products that meet their lifestyle, budgets and health needs. A walk through Kosherfest will include seeing Asian kosher, gluten-free kosher, sugar-free kosher, gourmet kosher, Italian kosher, Mediterranean kosher and more. New and improved packaging is making the products attractive not only to traditional consumers, but to the many non-traditional kosher consumers that check out the kosher aisles. In fact, some kosher products have no equal in the non-kosher market, making them attractive to almost every shopper that walks into a supermarket.

So when someone asks: “What’s new in kosher?” the answers are varied. But in some cases the answer will come by eyeing the packaging while in other instances it will mean talking a bite to taste the major upgrades in quality of the kosher food industry. Hundreds of new products were submitted this year to the New Products Competition, an indication that creativity and innovation in kosher shows no sign of letting up, and that’s new!

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Missing Kosherfest can be costly - October 27th, 2008

The kosher community will gather in Secaucus next week for the 20th annual Kosherfest. An advanced glimpse at the floor plan gives every indication that this year’s show will be one of the best in terms of the mix of exhibitors and products. I am also very excited about the return to the Meadowlands Exposition Center, which always projected more than just a trade show. It was, as many people told me, “a happening.” The entire building was filled with Kosherfest exhibitors and visitors. Indeed, the surrounding hotels also became part of the happening.

While the show is sold out, I have heard of people who are planning to skip the show for a variety of reasons. “Same as last year!” Not so. Nearly a third of this year's show will be made up of new exhibitors and upward of 300 new products. For exhibitors not returning, they will miss several hundred new buyers including many from many large discount stores. “Not in New York City!” Less than 15 minutes from the Lincoln Tunnel, it is faster to get to Secaucus than going across town in Manhattan. Hotels are significantly less expensive and you can still enjoy the Big Apple. “Bad Economy!” True, but kosher continues to grow, witnesses the many new products, stores and foodservice venues in just the last few months. “So what if I skip a year!” If you’re in the kosher food industry that’s an awful long time to give up. One exhibitor who has been coming for many years told me: “The show is not doing it for me anymore.” What he meant was that he wasn’t picking up any new business. Strange, but someone just down the aisle picked up more than a dozen new accounts. Bottom line: If you’re in the food industry and kosher is important to you, staying home can be costly!

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How to behave in this economy? - October 13th, 2008

A prominent kosher food manufacturer asked my opinion about investing in several new products for the upcoming Passover holiday. One of his managers opined that people would not be looking to buy new gourmet items with their higher price tags in this economic environment. Even if matters improve in the next six months, the manufacturer noted, the decision would have to be made now, especially since Kosherfest (November 11-12) would be the logical place to introduce the new products. I strongly urged him to go forward with his plans since the evidence is that while the food industry takes some hits, it basically remains sound.

Yes, people have to eat, but in a recession shoppers are far more selective in their purchases. At Passover, the market expands significantly with many Jews who do not buy kosher year-round. They include many wealthier shoppers and also middle class shoppers who for Passover will dig a bit deeper to buy new and different products. In addition, experts say that cutting back could give an edge to competitors and create idle time for growth when many companies rely on new products for their growth.

I also have a hard time understanding purveyors and others who cut back on their advertising and attendance at trade shows just because of a sluggish economy. The way I see things, these are lost opportunities that cannot be recouped for an industry that at best may be off by 3-4%, certainly nothing like the losses in the stock market. Many large retailers understand that and are just as aggressive in bad times as they are in good times. The mega companies will not retreat from the Super Bowl just because there are hard times out there. It is still an opportunity to reach large numbers of their customers and to maintain the status of the brand.

I got a kick from the response of a friend in the food industry to my question of how he was doing. “Doing? he asked. “How good can I be doing with all the money I lost in the last two weeks?”
“Your food business is doing that poorly?” I retorted.
"No,” he answered. “I’m actually making more money in my business than in the past 3 years.”
He finally blurted out what I had been waiting to hear, “The money I lost was from some of my non-food investments.” Too bad, I couldn’t be his investment advisor as well.

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Who are the owners in the kosher industry? - October 6th, 2008

A conservative rabbi preparing his Rosh Hashanah sermon contacted me for data and information on the kosher market. After providing him with the information, he opined “there must be hundreds of kosher food manufacturers under Jewish ownership.” The rabbi was preparing to deliver a sermon on “Ethics and Kosher” and promoting the new Hekhsher Tzedek, an additional kosher certification promoted by the conservative movement verifying a company’s compliance with government laws and regulations and its proper treatment of workers and animals. I surmised that he was trying to put a number on the kosher companies that might be affected by the proposed controversial certification. In consulting several kosher food show directories, however, I barely counted two dozen ethnic kosher manufacturers that were owned by Jews. Not even two dozen! Even brands like Manischewitz, Mrs. Adler’s, Rokeach, Horowitz/Margaretten and Goodman’s are no longer owned by Jewish families but by investment companies. The vast majority of kosher companies are owned by large food companies who have all of the safeguards like HACCP that address the concerns of the rabbi. Small food companies throughout America are owned by families (mostly not Jewish) and privately held companies. They opt for kosher certification to benefit from the added value of being kosher certified. Amongst the nearly 110,000 items with kosher certification are, of course, the Coca Colas and Dannons and many products that are manufactured overseas, including a significant number from Israel.

"Do you mean to tell me that an industry that you value at nearly $11 billion has less than two dozen manufacturers that are owned by Jews?” he asked. I explained that I was referring to those companies that I label as the ethnic kosher producers and even that small number included several small-time manufacturers. To be sure, there are many kosher brands that are produced by food manufacturers who produce kosher private label items, but again they are not involved in the manufacture of the product. This exercise of responding to the rabbi reminded me just what an amazing story the growth of kosher has been and continues to be. A small core of ethnic kosher companies, private label brands, Israeli and other foreign imports and the nation’s largest food manufacturers make up the kosher industry. I suggested to the rabbi that he visit a well stocked supermarket with many kosher products in his area to see for himself. At Kosherfest, the ethnic kosher companies are a bit more visible but in the end the kosher industry is a montage of manufacturers representing the food industry in America and to some extent overseas.

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A new day for kosher shoppers - September 29, 2008

Visiting several kosher stores in the last few weeks gave me pause to consider just how much has changed for the kosher shopper in the last decade. To be sure, the age-old mom & pop kosher grocery store has not disappeared entirely. You can still find the small cluttered kosher groceries in many Jewish neighborhoods, but they are in decline. In their stead is the new one-stop kosher supermarket which, in recent months, has moved into a whole new era with the launch of Pomegranate in Flatbush. This week, a modern specialty and gourmet store, Natural Gourmet, opened in the Five Towns on Long Island, as a compliment to the large Gourmet Glatt Emporium supermarket just across the street.

Throughout America, whether in exclusive kosher supermarkets or in major kosher sections in regular supermarkets, the kosher shopper is enjoying unparalleled choices and an unprecedented shopping experience. This revolution was fueled by a new generation of younger shoppers with their demand for more diversity in products, more variety in their diets, and more convenience foods to fit the pressured lifestyle of today. The changes in these upgraded stores are noticeable at every level. In bakery, many stores are offering an unprecedented array of breads and pastries. In meats and deli, the variety is a far cry from the limited cuts that the kosher butcher used to offer. In dairy, there are more kosher cheeses than ever before. In the freezer is an ever-growing assortment of convenience foods and meals. In fish, sushi is as much a staple as the traditional fish that was common in Jewish households for centuries.

But the modern kosher store offers even more, from fresh flowers to specialty foods that cater to celiacs, diabetics and people suffering from hypertension and elevated cholesterol levels. The kosher store of today also caters to the “patshke” generation with its assortment of cake mixes and ingredients to satisfy some of the recipes in the many new cookbooks, led by Susie Fishbein. With more than 100,000 items in the U.S. sporting kosher certification, the kosher shopper has an unprecedented array of choices, including a growing number of quality products from Israel. Life, say many old-timers, was a lot simpler back in the days when shopping meant making at least four stops: the grocer, kosher butcher, bakery and fish store. But in today’s lifestyle, making multi-stops is no longer an option, at least for most younger kosher shoppers. Shana Tova!

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5768: A look back at a tumultuous year for kosher - September 22, 2008

In less than a week, Jews around the world will usher in the New Year of 5769 with a great deal of hope for peace, tranquility and prosperity. The year of 5768 was a memorable one, not only because it was a Shmittah year, a year in which many farmers observed the once in seven years Sabbatical for their fields, but for the turmoil, uncertainty and change in the kosher food industry. Agriprocessors, of course, was in the news for a good part of the year, resulting in many changes in the industry. The supply of kosher meat which seemed to be taken for granted prior to the May 12th immigration raid on Agri’s Postville raid was all but certain by year’s end. Shortages, price hikes, and new entrants were the order of the day. Many smaller markets that had struggled for years to secure a steady supply of meat suddenly found themselves without product. Newcomer A.D. Rosenblatt was making some inroads and Empire laid out plans for its entry into the meat market, but they were all no match for full production at Agriprocessors, which Bernard S. Feldman, the company’s new CEO is committed to address quickly. In addition to the general rise in world commodity prices, which also affected the supply of kosher meats to the U.S. and Israel from South America, many more Jews were in need of food because of the downturn in the economy. According to William Rapfogel, of the Met Council on Jewish Poverty, the recession is throwing many middle class Jewish families into poverty or near poverty.

In Israel, the Charedi (very religious) were flexing their muscle with a boycott to force the AM:PM supermarket chain to close on Shabbat. That muscle has resulted in new supermarkets targeting the Charedim, including several upscale marts, and a chain of 48 new stores by Supersol. In this country, many kosher stores were upgrading and one, the Pomegranate in Flatbush, was making national news, because of its being an exclusive kosher market with a slight Whole Foods flare. It was a good year for new kosher products, with an estimated 500 new items, including many snack, frozen, and convenience items. New kosher wines continued to attract younger sophisticated consumers.

Sadly, the onslaught against Agriprocessors overshadowed many of the positive improvements and growth in the kosher market (i.e. new kitchens in major hotels, new markets, new upscale restaurants as is constantly reviewed by Great Kosher Restaurants maven Elan Kornblum etc.). Perhaps the most disappointing development was that the news out of Postville had shattered a form of Jewish unity that did not seem to exist anywhere else. Irrespective of their differences, Jews always seemed to come together around food, whether it be at a Jewish festival or a Seder. At the annual Kosherfest, Jews of all backgrounds freely mingle, communicate and do business with one another. This year’s 20th annual kosher food trade show (November 11-12) moves back to the Meadowlands Exposition Center, where kosher will dominate the entire building and many of the surrounding hotels in Secaucus, NJ. My best wishes for a much better 5769!

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A new CEO at Agriprocessors? - September 15, 2008

Amongst all the tumult surrounding Agriprocessors last week came a controversial threat by the Orthodox Union that unless a new CEO was appointed at the embattled kosher meat producer within two weeks or so, the world’s largest kosher certification organization would withdraw its certification. The OU first suggested the management change in the aftermath of the immigration raid on May 12th and the company had indeed announced that it would be looking for a new CEO. But when the Iowa Attorney General issued a 9000 plus child labor indictment against the Rubashkins and others and no new CEO was in place, the OU issued its threat. Predictably, the move generated a great deal of controversy. While it was applauded by many kosher consumers along with many of the groups that have been bashing Agri (i.e the Jewish Labor Committee, Hechsher Tzedek, PETA), others in the Orthodox community felt that the OU had overstepped its bounds and since kashrut was never in question, some suggested that the agency should not have made the threat. Others even questioned the timing which was right after the indictments were issued.

While it is true that the OU’s move had nothing to do with the kashrus at the plant, OU officials will tell you that it had everything to do with the business of kashrus, which essentially means the reputation and credibility of kashrus. I happen to believe that a new CEO at Agriprocessors would actually be a good idea, if only for the Rubashkins themselves. Despite being vilified in many sectors, including some Jewish media, the Rubashkins can point with pride to what they accomplished in the kosher market, making kosher meat available throughout America and being a driving force in the growth of kosher. Many supermarkets would never have expanded their kosher sections were it not for the quality of the meat the Rubashkins were able to deliver to underserved markets. In addition, it is no secret that the family has been extremely charitable in supporting many causes. I met a young man several weeks ago who had served as a schochet and had to resign because his young son had chronic heart disease. The Rubashkins, he told me, continued paying him to take care of his son and even helped defray some of his medical expenses.

A new CEO would, of course, have to deal with the myriad of legal problems that the company faces, in addition to the awesome task of restoring production to the levels of pre-May 12th, when a significant segment of its work force was arrested and criminally prosecuted as illegal immigrants. He would no doubt be working to restore confidence in one of the world’s premiere kosher food producers, but most importantly, he would take some of the pressure off the family, and that would be a noble task. At the end of the day, I choose to be optimistic that a new CEO will be appointed and that the Orthodox Union will continue its role in safeguarding the supply of kosher meat to kosher consumers. It is, after all, right before Rosh Hashanah, which is a good time to wish for a better year ahead for kosher.

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I’ve got Kosherfest on my mind - September 8, 2008

Although I have been associated with Kosherfest for more than two decades, I very much look forward to the upcoming show at the Meadowlands Exposition Center (November 11-12). Despite the show’s growth at the Jacob K. Javits Center in the past few years, I have always longed for the days when the Meadowlands was home to Kosherfest. I missed the shows when the area around the convention center became Kosherfest City. Virtually all the hotels in the area were occupied with Kosherfest guests. The entire building of the Convention Center itself was all about kosher foods. There was a certain buzz in the building and the surrounding areas that few other food shows ever accomplish.

Don’t get me wrong. The move to Javits was more important than when kosher was trying to send a message to the world that kosher went mainstream and where better to make such a statement than in New York’s premiere convention facility. The show also underwent a number of different models, particularly in its collocations with other ethnic shows and even with the big International Hotel & Motel Show. But still, as much as it made sense in those years, myself and many of the exhibitors and buyers would always reminisce about the good ‘ol days back at the Meadowlands.

In marketing, retro is very much in, not so much because of the quality of some of what the past had to offer, but because it makes many of us feel good to remember those days. That is why I so much await the opening of Kosherfest at the Meadowlands. It’s simply the good ‘ol days, but this time with several years of success in the Big Apple. Hope you feel the same way!

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Governor Culver should take cue from his Lt. Governor and visit Agriprocessors - September 2, 2008

In a stinging op-ed piece in the Des Moines Register (August 24, 2008), Governor Chet Culver of Iowa all but convicted Agriprocessors of some of the allegations of which it had been accused. The company responded by inviting the Governor to tour the plant and the community to see first-hand what this “jungle” that he and others characterized the plant as really looks like. The Governor’s office promptly turned down the invitation. Although the Governor invokes the name of his Lt. Governor Patty Judge as agreeing with his position, the Governor would do well to listen to Mrs. Page, who while being Iowa’s Secretary of Agriculture in 2004, acted completely differently than the current Governor.

On December 12, 2004, Judge toured Agriprocessors to witness kosher slaughter first-hand. She was invited to tour the plant and view the kosher slaughter process following her statement a week earlier that she was upset by a video tape distributed by PETA. After touring the plant, Judge held a news conference and stated, "I have no problem with what I saw here today. The cattle I saw slaughtered were not abused nor were they thrashing about. I would call the process quick and humane." Judge, who was accompanied by State Senator Mark Zieman and Speaker of the Iowa House of Representatives, Chuck Gipp, added, "I have been around a lot of cattle operations, having run our own farm. I am no stranger to all aspects of the farm operation. I have also been on the kill floor of several slaughterhouses and I commend Agriprocessors on the cleanliness of the facility. As for the slaughter of chickens, what I saw here today was much more humane than the way my grandmother butchered chickens when I was a child."

In an editorial, the Des Moines Register urged the Governor to take Agriprocessors up on its invitation to visit the plant, but suggested that it be unannounced, perhaps to avoid the comments of some of the cynics after the visit of some 20 rabbis on July 31st that the plant was prepared like a camp on visiting day. If nothing else, the Governor owes it to the people of Postville who have suffered so much just to come by and offer some comfort. While there and at the plant, the Governor just might end up like his Lt. Governor did almost four years ago!

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Is there any non-kosher tea in the U.S.? - August 25, 2008

I have to admit that I am not much of a tea drinker, but when a business associate from Europe ordered tea in an upscale kosher restaurant, I too jumped in. My reference of good tea goes back to the days when all we had at home was Lipton’s. I am not even sure if in those days tea had a hechsher, so you can imagine my surprise when I saw my associate fuss with a box of tea that seemed to have more teabags that I have consumed in my lifetime. What shocked me was the sheer number of brands.  First there was a neat column of Wissotsky from Israel, with flavors I never thought could be tea. Then there was Tazo, an upscale line of tea owned by Starbucks, and finally, even Bigelow, the tea that Dodger manager Joe Torre says he drinks. That’s when I realized that all of these brands have kosher certification by a major kosher certifier.

While I had already heard that the majority of coffee produced in the U.S. was kosher, tea was quite another matter. Indeed, kashrus experts warned that with the growing number of flavored teas, there was a real concern about the flavorings. What that meant was that I could not just walk into any coffee shop and order a cup of tea without knowing that it was kosher. But a rabbi who travels a great deal assured me that reading the labels of tea will give me unprecedented choices even at the smallest airports. He even comforted me that he had found many that were Passover worthy. With those reassurances, I now know that if ever I do become a frequent tea drinker, it won’t be hard to find tea with a kosher symbol. On a recent trip to the midwest, I indeed treated myself to a cup of kosher tea and moved on to the table with the complimentary (at $3 a cup, complimentary?) condiments. There were little bags of coffee, coffee whiteners, artificial sweeteners, and sugar, all with a kosher symbol. Want to keep kosher on the go? Why not with a cup of tea?

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The Emerging Salad War - August 18, 2008

Several months ago, this publication reported that Osem executives were looking to expand in the U.S. market, particularly in salads. They probably watched with some concern the acquisition by the Strauss Group of the Queens-based Sabra brand. A story in Globes at the time also indicated that Osem was looking to enter the growing U.S. Mediterranean salad market. The question was how, given that it already owned the Sabra brand in Israel, would it violate an agreement to keep the Israeli brand in Israel? Even if Osem had used its Hebrew name here, it would have set off an intense war, especially if they decided to use the similar brands, albeit with different distinct labeling and packaging.

The acquisition last week by Osem’s subsidiary of Tribe, a Massachusetts-based salad producer, with a strong business in hummus, seemed to be Osem’s response to the Strauss Group. Under the leadership of Yehuda Perl, Sabra had emerged as a high-end salad producer with successes in both the Israeli and general markets. Through its distinctive packaging and aggressive marketing, Sabra had become one of the major success stories in kosher, albeit that Sabra had carved out a niche well beyond kosher. While Tribe is very much a mainstream brand, its products are often on kosher shelves as well. Osem has been extremely successful in becoming a major brand in kosher, while at the same time expanding into other markets as well. It remains to be seen how Osem will handle its new salad presence in the U.S. If their own pronouncements are any guide, a salad war may well be in the offing even in the kosher market.   

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How the UFCW  duped the Jewish community into becoming its agents - August 11, 2008

As the head of the PR firm that represents Agriprocessors, I poured over many documents the other day to make sense of the continued vendetta against the glatt kosher meat and poultry processor. I especially felt the urge to do a bit more probing following my visit (along with some 25 rabbis) to Postville on July 31st where I and the other visitors left with the feeling that something smells here, and it wasn’t the meat. What we saw was a clean, well-run plant with many happy employees. So here’s my theory on why the Agriprocessors just refuses to go away:

I believe that the event that triggered the onslaught against Agriprocessors was the infamous PETA video back in 2005 that allegedly showed the abuse of some animals, albeit that it was never flagged by the USDA, which supervises every aspect of production. While the plant was never shut down by the government, the company called in experts and made significant improvements in the months that followed, all of which are plain to see. This occurred at about the same time that the United Food and Commercial Workers (UFCW) had lost large amounts of its members over a period of several years. It had not succeeded in getting the management of Agriprocessors to agree to come under its wings and the company’s membership also did not seem enthusiastic, as was evidenced by at least one vote. The UFCW also had its share of problems with other large livestock companies, namely Smithfield Foods, and it was even at loggerheads with the mega Wal-Mart chain that also refused to come under its umbrella.

The reaction to the PETA video by the Jewish community was music to the UFCW leadership. Jews, led by the secular media, most notably the Forward, historically a left-leaning Labor Yiddish publication that eventually became an English-language weekly, were outraged. Taking the high moral ground, they were prepared to throw Agriprocessors, which had already been vilified in a book by Steven Blum and in other media for its Chasidic invasion of an Iowa hamlet, to the dogs. Even the Orthodox appeared lame in their defense of Agri. The UFCW probably could not believe their luck that Agri was essentially without a strong base. For the first time in a long time they found a powerful ally, a group that also had the ear of the American media, that would help them win, and win they must. What followed was a series of Forward articles charging abuse of workers and the unofficial creation of a new coalition that included the Forward, the St. Bridget’s Church in Postville, and a group of Conservative rabbis led by Rabbi Morris Allen of Minneapolis. For a while the UFCW did its own dirty work, placing ads in Jewish newspapers and even making electronic phone calls that an OSHA report of gross violations amounting to $182,000 showed that the kosher food produced by Agri was not safe (the violations and fines were subsequently reduced and the fines totaled $42,000). Then came the departure of Khal Adath Jeshurun as one of the main kosher certifying agencies at Agri, which (while a business decision, as KAJ itself said) again became the basis for an ad campaign and the calls to Jewish households in many Orthodox neighborhoods. They were told that KAJ left because they did not trust the kashrut.

The UFCW ultimately had followed its own manual (outlined in a lawsuit by Smithfield against the UFCW) in getting the grassroots to fight the battle on their behalf. The Forward and by now a whole slew of other press were pouring it on, so much so that Agriprocessors was ultimately referred to as a “Medieval plant” and a “kosher jungle” in major media outlets like the Wall Street Journal and the New York Times. The May 12th raid by the U.S. Immigration and Customs Enforcement (ICE) was a bonanza that the Unions could only gloat on. The affidavit that accompanied the raid included some ridiculous accusations of drug manufacturing and bomb-making and it quoted the Forward, almost unprecedented for a government agency to support such a document. The scope and brutal nature of the raid were attacked by none other than the New York Times, amongst others, that questioned the immigration policies of the Bush Administration. What followed was almost choreographed. St. Bridget’s would release names of minors to the local Iowa media with graphic details of abuse, the Forward and often the JTA (which did ultimately make an attempt to present a fair and balanced picture) would keep up its attacks, Rabbi Allen would push his Heksher Tzedek to stress that Agriprocessors could not be trusted in its treatment of animals and workers, all to the delight of UFCW officials who were by now convinced that Agriprocessors was on the cusp of either caving in to a Union that would save them or shut down altogether, delivering a powerful message that UFCW will not be intimidated, even if you are Smithfield or Wal-Mart. The victory seemed at hand. All that was still needed was an indictment by the Feds in the aftermath of the May 12th raid.

Strangely, I watched some of this unfold after the positive media coverage of the visit of the 25 rabbis on July 31st which followed a similar visit by Sue Fishkoff of the JTA, with essentially the same positive findings. We saw a new willingness to tighten up all compliance and credible officials who were put in charge. Only days after the visit, the Iowa Department of Labor (headed by a Commissioner who is a former Union official) recommended to the Iowa Attorney General that he indict Agriprocessors for employing 57 minors. Ironically, the Department did its own audit in April ‘08 and found none. It refused to give Agri attorneys the names of minors, if any, so that they can follow their policy of firing underage workers. Agri, in fact, fired four underaged workers in its sausage department when it became aware of their ages. When Agri explained this to the media,  a reporter found three new underage workers, but the information most likely again came again from the Church, where many of the immigrants and their families hung out for assistance and where they were allegedly feeding the St. Bridget officials with inflammatory information implicating one another, particularly Agriprocessors. When it wasn’t underaged workers, it was that the company was employing the homeless and most recently Somalis. The UFCW smile must have grown from day to day, particularly after a march on July 27th captured national attention. Their surrogates were doing a great job.

In the meantime, shortages of kosher meat and poultry persisted and prices went sky-high, all because the moralists and ethicists in the Jewish community never suspected that they were being duped by a ferocious union into becoming their agents. History will yet judge this strange episode in American-Jewish history as one of the Union’s finest moments and perhaps the Jewish community's lowest. I certainly have gained a great deal of respect for the Union, while questioning so many in the Jewish community. What a shame! (All that remains is for an investigative reporter with courage to put the pieces together.)

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I Too Was Looking for the Smoking Gun - August 4, 2008

I couldn’t help but observe the faces of the 20 or so rabbis from around the country that were part of a mission to the Agriprocessors plant in Postville last week. They had heard and read so much about the plant that they were expecting the worse. I have to admit that I too was on the lookout for any sign that perhaps justified some of the criticism against me that I had chosen to represent Agriprocessors. Like many of the rabbis who were there, I expected to find unsafe conditions, tormented and abused workers, and a plant that was “medieval” as one paper put it or a “Jungle” as the New York Times classified the plant in an editorial last week. But almost to a man, the reaction of the group was one of shock that a plant could be as maligned as it has been in the media. Each of us took the time to talk to employees from diverse backgrounds and all seemed happy with the working conditions, safety and pay scale. We saw an ultra modern plant, fully computerized and cleaner than most plants that I have visited (probably 100 or so in my lifetime).  USDA officials who are present at every facet of production seemed to know nothing about underage workers, people with deformed hands working long hours, people not being allowed to go to the bathroom and so forth. That day I read Rabbi Morris Allen’s guidelines for Hekhsher Tzedek, a Conservative Jewish certification that the Orthodox and the certification agencies reject, and thought that what I and the group saw far exceeded his guidelines in every respect. “A blood libel,” yelled out one of the rabbis, when he saw the conditions at Agriprocessors.

Admittedly none of us were at the plant prior to May 12th, but underage workers? I discovered that the Iowa Department of Labor had sent in experts to find the under aged workers in February, some 3 months before the raid, and removed 2 who later turned out to be above 18. Yes, it was apparent that many new systems were put into place since May 12th. Illegal immigrants were ferreted out through an e-Verify system, posters advised workers of an anonymous hotline, and even shorter shifts, but most of what we saw certainly preceded the day of the raid. The  beautiful clean plant was clearly not built in 8 weeks.  The beautiful housing that Agriprocessors built for its employees as opposed to the shanty trailers rented to them by a city councilman could not have gone up in about 10 weeks, nor could the $12 million sewage treatment plant to protect the environment. I heard church officials and the mayor describe how wonderful the Rubashkin family was. I listened to officials now at the plant speak about the state of compliance, safety and worker’s relations. We were all impressed with the high kashrus standards. But most of all we wondered how these stories of abuse, safety, and working conditions ever saw the light of day. Said one official: “They play telephone in this town. A rumor is passed along and pretty soon it makes the newspapers and is accepted fact, so much so that the coveted New York Times, without ever stepping into the plant calls it a Kosher Jungle. Hard to believe that this could happen in America in 2008!

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Testing the Constitution over and over gain - July 28, 2008

It has been an issue that has been tested in the courts over and over again. Almost every level of the judicial system has at some point considered the rights of prisoners to kosher foods. The result has always been the same. The right to kosher food based on one’s religious beliefs is unshakable. The courts have ultimately decided that even in cases where budgets are not sufficient to pay for the food, the states must somehow come up with the money.

The most recent case was when the South Dakota Supreme Court ruled that a prison inmate serving a life sentence for murder can proceed with a lawsuit alleging prison officials violated his religious rights by changing the way kosher food is prepared for Jewish inmates. The high court's unanimous opinion reinstates Charles Sisney's lawsuit that seeks to require prison officials to resume the use of pre-packaged kosher meals. In two related cases where Sisney sought damages, the Supreme Court upheld the dismissal of nearly all of Sisney's claims.

Sisney pleaded guilty to first-degree murder in 1997 for the shooting death of his former girlfriend, Kathy Marie Cepek, in Sioux Falls. He was sentenced to life in prison without parole.

The question that repeatedly troubles me is why this issue is tested ad nauseum, whereas other cases of prisoners’ rights are decided without it being challenged repeatedly. Prison officials are clear about the enormous stress that the special treatment puts on their system. They speak of storing the special meals, refrigeration and heating issues and so forth. They also say that this causes unease amongst the fellow prisoners who often complain that they do not have the right to eat the ethnic meals that they enjoy. Bottom line is that this issue is a fundamental constitutionally guaranteed right that the courts have no choice but to uphold. In truth, it isn’t as much about the prisoners as it is about our system of government, guaranteed by our Constitution.

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The focus turns to the workers and their families, but there is always the but - July 21, 2008

I have to admit that when I read about the plight of the families of the immigrants who were arrested in the May 12th raid in Postville, I wondered what can be done to help them? Amongst the 300 or so waiting for the proceedings that may result in their deportation to Guatemala and Mexico, are breadwinners and women. I also wondered about the plight of the families of 58 arrested immigrants in Reno, Nevada, all workers in 11 stores of McDonalds’, where there was no boycott and no lynch mob. I thought about the families of the 4000 undocumented workers arrested in 2007. In 2005, Wal-Mart paid $11 million to end a probe into the use of illegal immigrants. So there is something noble in a planned march next Sunday (July 27th) in Postville by St. Bridget's Catholic Church in Postville, Jewish Community Action of St. Paul, Minn., and the Jewish Council on Urban Affairs of Chicago (which is offering a kosher lunch to participants). The march in fact begins at the church and will no doubt pass the Agriprocessors plant. Also participating will be the Agudas Achim Synagogue in Iowa City, ironically affiliated with both the Union for Reform Judaism and The United Synagogue of Conservative Judaism (they alternate prayer services). The flyer on the “peaceful march” seems to focus only on the plight of the immigrant families, which is admirable.

In an e-mail urging its membership to attend, Agudas Achim points out that the groups planning the immigration reform rally in Postville “promised testimony from people directly affected by the raid, as well as talk about immigration reform and workers' rights.” So far so good and even commendable, but then the some of the true colors of the march organizers surfaced. The e-mail continued: “This rally is to protest the inhumane treatment of the workers at Agriproccesors and to support the workers there. Rabbi Henry Karp of Davenport has to his credit been very vocal about this and has been in contact with one of the organizers, Rabbi Morris Allen in Minneapolis.” There you have it. It matters little that there is no inhumane treatment at Agriprocessors, overseen by former U.S. Attorney Jim Martin, who is responsible for compliance and who is committed to go beyond compliance and making the plant a model of treatment of workers. He has already hired a reputable staffing firm, retained a former OSHA official and even instituted a 24-hour hotline for worker’s complaints. They don’t seem to want to allow the improvements to take shape, the internal and external investigations to go forward and the supply of kosher meat to be resumed. Unfortunately, it is becoming increasingly clear that the fringe leftist Jewish groups want nothing less than the closure of the only dedicated glatt kosher meat plant in America. For the few weeks that there were shortages in meats, many kosher consumers suffered. Should the plant be brought to its knees as the Rabbi Allens seem to want, it will set back kosher in America 20 years or more. I and most other Jews who covet kosher care deeply about the plight of the workers, but what we can’t fathom is the march to the gallows that some seem to be insisting on. How shameful!

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Feature News Story - July 14, 2008

New York Times, constitutional attorney decry Postville raid
New York…Two months after nearly 1,000 federal, state and local agents raided Agriprocessors (May 12th) in Postville, comes a chorus of voices questioning the legality and morality of the raid itself. The New York Times in an editorial yesterday (July 13th) “The Shame of Postville, Iowa” took the unusual step of quoting an essay by Erik Camayd-Freixas describing the cruel manner in which the undocumented workers were treated during the raid. His essay includes the writer’s description of “the saddest procession I have ever witnessed, which the public would never see (because the cameras were hidden).” According to the Times, “No one is denying that the workers were on the wrong side of the law. But there is a profound difference between stealing people’s identities to rob them of money and property, and using false papers to merely get a job.”

In fact, even the affidavit that was used as justification for the raid pointed out that Agriprocessors meticulously checked documents that the immigrants also used to register their children in schools and obtain credit cards from the banks. Nathan Lewin, a Washington DC constitutional expert called the Agriprocessors raid "selective enforcement." He argued that no other single-site meatpacker has been raided and that no other relatively small employer (i.e., one who is unable to put in the expensive checking systems that Tyson and Swift and other huge employers have put in since criminal enforcement began) that has any screening system whatsoever has, to my knowledge, been raided, and that no other raided employer has had an incendiary series of uncorroborated and demonstrably false allegations made by one unhappy employee or by biased news reports included in an affidavit deliberately (and unusually) released to the public by ICE. Lewin opined that Agriprocessors was singled out after the Feds reasoned that there would be no major support for them.

According to the Times piece, “Court interpreters are normally impartial participants and keep their opinions to themselves.” But Dr. Camayd-Freixas, a professor of Spanish at Florida International University, said he was so offended by the cruelty of the prosecutions that he felt compelled to break his silence. “A line was crossed at Postville,” he wrote.

Ironically, no major Jewish source, including those that have been on a relentless attack against the kosher meat giant, has echoed the concern of The Times over the treatment of the workers by the government. This obvious double standard behavior by an isolated number of leftist Jewish organizations and the media is what is causing such indignation amongst the core supporters and customers of Agriprocessors. With the withdrawal of the boycott by Uri L’Tzedek, a modern Orthodox Jewish group, only the UFCW, some extreme left elements and a smattering of Conservative rabbis promoting a new Hekhsher Tzedek remain as antagonists of Agriprocessors. Its chief architect, Rabbi Morris Allen of Twin Cities, Minneapolis, has never commented on the issues raised in the Times editorial.  In fact, the antagonists have constantly focused on side issues, such as the hiring by a recruitment firm of several homeless people and a major gaffe by a PR agency hired by Agriprocessors which had nothing to do with the company itself.  Now even the New York Times, which can hardly be described as a conservative mouthpiece, has come forward to tell the truth. Now if only the Forward would come forward.

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Duly Noted - July 7, 2008

We received  many e-mails and phone calls with opinions on Agriprocessors. There were those that pretty much echoed the sentiments of the UFCW, Rabbi Maurice Allen and the Forward that the consumers should avoid meats from Agriprocessors because of the alleged charges against them. This was one e-mail: “We are what we eat. Unfair business practices or inappropriate business practices that violate halacha, dina malchusa dina, or even simple Jewish or secular business ethics does, at least on a spiritual level, have an affect.” On the flip side, another reader wrote: “I am sure that Agriprocessors will get its act together and improve dramatically on compliance issues. They are needed and should not be hung. No one stopped flying the airlines when they were found to be in non-compliance. Unfortunately in the Agriprocessors case, there is a much broader agenda, including embarrassing Orthodox Jews.”

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The Hekhsher Tzedek: in the aftermath of the 'gotcha' environment -
June 30, 2008

To begin with, here is my weekly disclaimer that I do on occasion represent Agriprocessors, so don't shoot the messenger. The new Hekhsher Tzedek promoted by several conservative rabbis and other liberal groups was a non-starter three years ago after a PETA video alleged animal abuse at the Postville plant of Agriprocessors. This happened even though the USDA neither found fault with the company nor closed down the plant, as is customary for the federal inspectors who monitor the treatment of animals and safety of the food. It surfaced again in conjunction with a campaign by the UFCW to unionize workers at Agriprocessors that included calling thousands of Orthodox Jewish homes with a warning that Agri products were unsafe. It is, of course, very much in the news these days in the aftermath of the federal immigration raid at Agriprocessors on May 12th . Orthodox groups understandably rejected a new definition of kosher that has no basis in halacha. The humane treatment of animals and the proper treatment of laborers are addressed in the Torah separately. Orthodox groups pointed out that kashrus is kashrus, to be monitored by rabbis steeped in Jewish law, and that they rely on government oversight on issues that relate to animal welfare and treatment of laborers.

Even more importantly, the lion's share of the market has rejected this new hekhsher including innocent Conservative and Reform Jews who understand the difference between the value of kosher and the politics of kosher. That is why Hekhsher Tzedek failed after PETA, why it was a non-starter with the Union campaign and why it will ultimately be strike three now as well, despite the hype. The reason: shoppers want quality products that are genuinely kosher at a fair price. That won't change irrespective of what conservative rabbis dream up in their effort to make the case that the people who have built kashrus are not as great after all. They are telling the world, 'We may have failed in the past, but this time we gotcha.' And that kind of approach is far from kosher with most kosher consumers, who unfortunately will be paying a price for the politics of kosher. When the rebel rabbis ask for donations on their website, ask yourself whether you want to contribute to the timeless value of kosher as passed down on Sinai or the politics of kosher for rabbis who may themselves not be very kosher.

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The Calendar
- June 23, 2008

On any given week, I have occasion to speak to many people in the kosher food industry. Over the last few weeks, the topics usually included steep commodity price increases, the soaring fuel costs, increased shipping costs, and the developments in Postville. So it was a bit of a surprise when a leading distributor chose to talk about the Jewish calendar. This year’s Jewish calendar was a bit of good news for him, as his plans for the summer actually included a 10-day vacation. Rosh Hashanah this year falls on the eve of September 29th, almost a full month after Labor Day. “You don’t understand what that means for me. I can actually ship in early September rather than in late July, which is what happens when Rosh Hashanah falls at the beginning of the month. It reminded me of a joke I heard from comedian Jackie Mason: “The Jewish holidays are either late or early. They’re never on time.”

Those extra few weeks really will make a big difference in many markets. The return to school will be a separate event, which means that when people return from vacation, they will concentrate on restocking their pantries and probably will not begin to make pre-High Holy Days purchasing until the middle of the month. “It brings some order to a very hectic month,” the distributor told me. He even factored in the weather, making the assumption that it will be cooler by the end of September. So what’s the difference, I ask. “Ice cream versus soup,” he says. The calendar, say kosher food sources, makes a huge difference, particularly on the two busiest holidays of the year, Passover and the Fall. In 2009, Passover will begin 11 days before it did in 2008. 11 days, said the distributor, can make a huge difference in the life of a distributor. So what’s the best gift you can give someone who deals with kosher foods? Obviously a Jewish calendar.

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The ill-advised and ill-conceived boycott against Agriprocessors - June 16, 2008

Since this column is about Agriprocessors, I begin with the disclaimer that my firm LUBICOM Marketing Consulting does on occasion represent Agriprocessors. In May 1902, 20,000 women influenced by the emerging labor and women's suffrage movements, declared a boycott against the myriad of small kosher butcher shops that dotted the Lower East Side, who dared to increase prices by some 15% - 18%. The women were encouraged by leftist Jewish worker's movements and the left-leaning Forward. Most of the stores were owned by refugees, some of which mis-spelled 'Bosor Kosher' (kosher meat) as 'Bosor Bosor.' 106 years later, a leftist modern Orthodox group known as Uri L'Tzedek is using that boycott as its precedent for a boycott against products produced by Agriprocessors. The group consists of students of the Yeshiva Chovevei Torah (YCT), left of the mainstream Modern Orthodox establishments. Its rabbis have adopted programs, particularly on ecumenical dialogues, that were diametrically opposed to the teachings of the late Rabbi Joseph B. Soloveichik, considered the leading halachic authority of modern Orthodoxy in the 20th century, and whose extensive works still guide modern Orthodox Jewish and institutions like Yeshiva University and the Rabbinical Council of America. When I met with the group recently, they raised all of the issues in the allegations against Agriprocessors that were contained in the federal affidavit that led to the raid in Postville, Iowa more than a month ago. It did not seem to matter to them that a call for a boycott based on allegations was unprecedented, the 1902 boycott notwithstanding. It appeared to be irrelevant that even the Conservative and Reform called for a 're-evaluation' of purchasing products manufactured by Agri but refrained from calling for a boycott. The Uri L'Tzedek activists were not phased by the fact that the boycott might be damaging to a company that supplies a significant portion of the kosher meat in the country and which has been responsible for keeping prices down. There was little concern that hundreds of Jewish families in Postville would be hurt, or that the plant is closely monitored by a large team of USDA inspectors and rabbis. Even supermarket chains regularly audit the plant and, in fact, asked for their own investigation, again unprecedented.

In their letter to Mr. Aaron Rubashkin, the founder and owner of Agriprocessors, the Uri L'Tzedekraised issues such as humane slaughter,despite the fact that thelast five independent audits gave the plant high marks for its humane slaughter practices. They also referenced the undocumented workers, even when the plant had hired a former U.S. attorney, Jim Martin, to deal with compliance issues during a time when undocumented workers are a huge problem for America. The leftist leaning Orthodox activists challenged Agri about the low pay without a shred of evidence that this was true and also raised concern about some 39 violations that are routine for slaughterhouses and which have been addressed long ago and are under the noses of a large team of USDA on-site inspectors.The Uri L'Tzedek also citedunsubstantiated rumors about child labor and stories of abuse. In other words, they bought the propaganda of the UFCW and the PETA activists and called for a boycott against a company that is working around the clock to restore the supply of kosher meats all over America. The call for the boycott is against the Torah that they claim to represent andis shameful, shortsighted and despicable. Thankfully, the evidence is clear that most consumers are rejecting the lynch mob mentality that has been unleashed by some against Agriprocessors, not even waiting for the results of a federal investigation. In fact, many customers are insisting on buying Agriprocessors. Way to go for fair-minded and decent people!

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