Wow, Look at All the Nice People and Respectable Organizations Profiting From Listerine Killing Alcoholics!

I last posted “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit” in March of 2024, about a week after my wife Grace died suddenly. Her death was almost certainly a direct consequence of her alcoholism, which she frequently serviced through the surreptitious consumption of alcohol-containing mouthwash, usually Listerine. I was not planning on re-posting the piece so soon afterwards, but today I discovered the weird story of how botched contract drafting in 1881 resulted in Johnson & Johnson having to pay six dollars for every 2,016 ounces of Listerine sold, (the equivalent to 144 14-oz. bottles) to Listerine’s many royalty holders. Even though the royalties have been split, sold and traded, they are still worth a lot of money because Listerine is the best selling mouthwash (and secret alcoholic beverage) in the world. You can read the whole, strange tale here , but what matters ethically is this: among the organizations making money off of this deadly stuff are…

  • Wellesley College
  • The American Bible Society
  • The Salvation Army
  • The Rockefeller Foundation
  • The Bell Telephone Company

…and the Catholic Archdiocese of New York owned a 50% stake in Listerine royalties for nearly two decades, making almost $13 million over 16 years.

Shame on all of them. As I first explained in 2010 in a post that has been read over 50,000 times (it’s still not enough), Listerine is a destructive resource for alcoholics, and that use represents an untold, but definitely large, percentage of Listerine sales. The companies that have owned Listerine have deliberately maintained the deception that it can’t be guzzled, and the deception benefits their huge market of addicts, and of course, the companies, their shareholders, and royalty owners.

In my 2016 introduction to the post, I wrote in part, “Most of all, I am revolted that what I increasingly have come to believe is an intentional, profit-motivated deception by manufacturers continues, despite their knowledge that their product is killing alcoholics and destroying families. I know proof would be difficult, but there have been successful class action lawsuits with millions in punitive damage settlements for less despicable conduct. Somewhere, there must be an employee or executive who acknowledges that the makers of mouthwash with alcohol know their product is being swallowed rather than swished, and are happy to profit from it….People are killing themselves right under our noses, and we are being thrown of by the minty smell of their breath.”

And now I know that all sorts of nice people and admirable organizations profit from their deaths.

Once again, here is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit,” dedicated, as it always will be, to brilliant, beautiful, kind, loving—and dead—- Grace Bowen Marshall:

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Look! “The Ethicist” Has A Real Ethics Question That Doesn’t Involve Trump Derangement!

The New York Times Sunday advice column “The Ethicist” has been indulging itself by joining in the mass Times mourning over the election of Donald Trump and the failure of the paper’s years long propaganda campaign against him. The past four featured questions have been “Is It Fair to Judge a Friend by the Way She Voted?”, “Can Voters Be Held Accountable for Their Candidate’s Behavior?”, “Am I a Hypocrite for Calling Donald Trump a Liar?”, and my personal favorite, “My Mom Voted for Trump. Can We Let It Go?” It has taken a month to get back to genuine ethics dilemmas and conflicts, but at last Prof. Appiah is where he is supposed to be all the time.

This weeks query was “A Guy I Know Had a Liver Transplant. Now He’s Boozing Again.” [Gift link! Merry Christmas!]It raises more than one ethics question worthy of discussion, including:

1. Should alcoholics who have destroyed their livers be eligible for liver transplants?

2. Is the recipient of a liver transplant behaving unethically if he or she returns to the same lifestyle that ruined the first one?

3. Do the friends of the now boozing liver transplant recipient “have an obligation to tell this man’s wife that he’s still drinking?”

The first one came up for debate nationwide when Mickey Mantle, the hard-drinking baseball great, strangely came up at the top of a liver transplant list despite being predominantly responsible for his first liver’s demise. Organ transplant waiting lists are created using several formulas and weighted values, which makes sense when distributing rare commodities. On the other hand, this is a slippery slope that slides directly into punishing people for not exercising enough, eating too much pizza, smoking or favoring dangerous hobbies, like motorcycle racing, and withholding medical care or insurance coverage of the adverse results. Alcoholism, as I learned the hard way, is not volitional though alcohol abuse is, and good luck telling the two apart.

2. The second question is also squarely in an ethics gray area. Once the liver is in an individual’s body, he or she should have complete autonomy. Sure, it’s irresponsible for someone with obligations to others to take unnecessary risks with his or her life, but that’s true with or without a new liver. I can’t define a special obligation to those who did not receive a particular liver that should affect the recipient’s decisions going forward. What happens to the new liver won’t help or harm those who didn’t get it.

3. The third question is the easy one, and Golden Rule 101. Would you want to be told if your loved one was secretly endangering his or her health? Sure you would. However, if the wife in this case has been paying attention to her alcoholic husband, I doubt very much that anyone needs to tell her that he’s drinking again.

But did he vote for Donald Trump????

Ethics Dunce (Professional Singer Division): Ingrid Andress

See, I have a fair amount of sympathy for alcoholics. But the time to check yourself into rehab is before you kill someone driving, before you blow that crucial case for your client, before you leave your scissors in a patient’s stomach after you’ve operated, and, if you are an award-winning Country singer, before you massacre the Star-Spangled Banner at the All-Star Game Home Run derby, like Andress did last night.

Just listen to that caterwauling!

I find the Home Run Derby a bore, so I didn’t hear her off-key, dying-swan version of our National Anthem until the social media complaints about it reached me this morning. Andress’s breathless, lugubrious style, much in vogue these days, doesn’t appeal to me anyway, but that rendition was especially awful even by awful National Anthem standards, a high bar. How could a multiple Grammy-winner be that bad is a public performance on national TV?

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Wine For Winos In San Francisco

San Francisco spends $5 million a year on a so-called “managed alcohol program,” giving homeless alcoholics beer,wine and shots of vodka to “manage” their addiction. This deranged program has been running for four years without getting much media attention. I suppose so many other things are being mishandled in this rotting city that this one slipped under the radar. The theory underlying program is designed to minimize the amount of alcohol homeless people drink to control their addiction. It would be starnge indeed if this were a legitimate approach, since medical professionals make it very clear that drinking any alcoholic beverage (or mouthwash) makes recovery from alcoholism impossible, and “maintenance drinking” is ultimately a failed and often fatal strategy. Alcoholism is a progressive disease as well, so the longer a drunk is drinking, the more damage alcohol does to his or her body.

In the most woke-ravaged city in North America, nurses typically serve the homeless drunks the the equivalent of of one or two drinks three to four times a day, either a shot of vodka or other liquor, a glass of wine, or 12 nearly a pint of beer. The taxpayers of San Francisco must truly be brainwashed to tolerate seeing their hard-earned dollars going to pay for drinks for winos, killing them slowly at the city’s expense.

The only responsible way to get alcohol addicted street people out of the metaphorical gutter and on the way to recovery and a productive, happy life is to put them in a rehabilitation program, monitor their recovery, and take satisfaction from the relative few who will go on to live addiction-free lives. Giving them just enough alcohol to keep them dependent as their liver fail isn’t merely futile and misguided, it’s cruel.

In Memory of Grace: “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit”

When I last re-posted this early Ethics Alarms entry from 2010, I called it, “Since Ethics Alarms Appears To Be The Only Source Trying To Publicize This Problem, Here, For The Third Time.” Not much has changed since then, except that my wife is dead. Listerine played a major role in killing her: Grace’s last major relapse—she battled alcoholism her entire adult life—occurred right before the pandemic when she impulsively drank down an entire jumbo bottle of the vile stuff and shortly thereafter took a nearly fatal fall off a curb outside our home. She never fully recovered from the effects of that fall, though other, less catastrophic relapses involving the mouthwash occurred at regular intervals.

As I explained in an earlier introduction, the original post “raised an important and shamefully under-reported topic, one that despite my exhortations then has yet to be adequately examined in the media.” In 2016, when I googled various combinations of “mouthwash,” “Listerine,”‘alcoholism,” and “alcoholic,” the first result was still my post. [UPDATE: The Ethics Alarms post is now about 100 deep, behind such links as “Should I switch to alcohol-free mouthwash?” Note that since 2016, Google’s algorithm buries EA in its searches because it is insufficiently in tune with the Axis.]

“Most people who are not afflicted with the disease of alcoholism have no idea that mouthwash is a popular stand-in for liquor, or that is used to deceive family members who think an addict is no longer using or intoxicated,” I wrote in the 2016 intro. First I was prompted to re-post the essay after I had been shocked to hear a physician friend who treated alcoholics plead complete ignorance of the links between mouthwash and alcoholism. The last time, it was the surprising reaction of my own physician, who is usually up-to-date on all medical research, and had treated alcoholism sufferers at the VA. He had never heard anything about the problem.

I’m re-posting this time because of Grace. The quote from my 2016 intro is still valid:

“Despite my frustration that what I regard as a true exposé that should have sparked an equivalent article in a more widely read forum has remained relatively unknown, I am encouraged by the effect it has had. Most Ethics Alarms posts have their greatest traffic around the time they are posted, but since 2010, the page views of this article have increased steadily…More importantly, it has drawn comments like this one:

‘Am looking after my twin sister who is a chronic alcoholic. She has been three days sober and then she just walked in and I couldn’t work out what the hell happened. She was in a stupor , but there was no alcohol and I am dispensing the Valium for detox period and she smelt like mint!! Found three bottles of it !!! This is my last big push to help her and she pleaded innocent and no idea it had alcohol in it! Hasn’t had a shower for two days but keeps her mouth fresh and sweet !! Thanks for the information. Much appreciated XXX’

“Most of all, I am revolted that what I increasingly have come to believe is an intentional, profit-motivated deception by manufacturers continues, despite their knowledge that their product is killing alcoholics and destroying families. I know proof would be difficult, but there have been successful class action lawsuits with millions in punitive damage settlements for less despicable conduct. Somewhere, there must be an employee or executive who acknowledges that the makers of mouthwash with alcohol know their product is being swallowed rather than swished, and are happy to profit from it….People are killing themselves right under our noses, and we are being thrown of by the minty smell of their breath.”

Here again is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit.” Maybe this time it will help someone to avoid Grace’s pain and her ultimate fate.

I’m so, so sorry, my darling, that I couldn’t give you the peace you needed to fight this curse.

*** Continue reading

Ethics Breezes And Gales, 4/14/2022: The End Of A Conspiracy And The Beginning Of Conspiracy Theories [Corrected]

April 14 will always be the date that I associate above all else with Abraham Lincoln’s assassination, which occurred 157 years ago.  Lincoln and the audience at Ford’s Theater laughed uproariously, as John Wilkes Booth knew they would, at the line “Why you sockdologizing old man-trap!” in the play the Lincolns and their guests were watching, “Our American Cousin.” Booth fired a single-shot derringer into the back of Lincoln’s skull, dreew a dagger and stabbed Major Rathbone, also in Lincoln’s box along with Mrs. Lincoln and Rathbone’s fiancee, in the arm, and dramatically leaped down onto the stage, shouting Virginia’s motto,“Sic semper tyrannis! (Thus ever to tyrants!) The South is avenged!”  Booth caught his spur on a draped flag on the way down and broke his leg, but limped across the stage and out to waiting horse through a back stage exit. Lincoln never regained consciousness.

Not only was it the first and still most spectacular of the four Presidential assassinations [Notice of Correction: I originally wrote “five,” not because I can’t count, which is what usually happens, but because I was counting Reagan, because he was actually shot. Moron. Thanks to Steve-O-in NJ for alerting me, or I’d have to ban myself from the blog for passing on “misinformation”], Booth’s act and subsequent events, oddities and coincidences launched perhaps the first widespread political conspiracy theory. I wrote in 2010,

[A]s a teenager, I became fascinated by the Lincoln assassination conspiracy. A best-seller at the time was “Web of Conspiracy,” an over-heated brief for the theory that Lincoln’s War Secretary, Edwin Stanton, and others in the military were in league with John Wilkes Booth. The author, a mystery writer named Theodore Roscoe, was constantly suggesting sinister motives by asking questions like “The sealed records of the official assassination investigation were destroyed in a mysterious fire. Was the War Department afraid of what the documents would prove? Would they have implicated Stanton? We will never know.”  This tactic is on view regularly today, used generously by the purveyors of modern conspiracies…

Then again, sometimes conspiracy theories, even unlikely ones, turn out to be true. There was sure a lot of smoke around Lincoln’s assassination (after all, there really was a conspiracy, as Booth had at least five co-conspirators working on his plot for months), and it didn’t help when Robert Lincoln, Abe’s son, was caught burning his papers and told the man who interrupted him (allegedly) that he was doing so because the contained proof that a member of his father’s own cabinet was involved in his assassination. Yet none of the components of the Lincoln conspiracy narrative have held up to scrutiny, except as tantalizing suspicions.

1. First, the rest of a story...Two weeks ago Ethics Alarms covered the story of Kychelle Del Rosario, a fourth-year medical student at Wake Forest School of Medicine, who appeared to admit in a tweet that she deliberately caused pain and discomfort to a patient because he had mocked her  “preferred pronoun” pin. After her tweet was seen, circulated and attacked on social media, she deleted it in an attempted cover-up. Wake Forest suspended her pending an investigation, which is now complete. It’s conclusion: Del Rosario was grandstanding, implying that she stuck the patient a second time when she had turned the job over to a supervisor. “Our documentation verifies that after the student physician was unsuccessful in obtaining the blood draw, the student appropriately deferred a second attempt to one of our certified professionals. The student did not attempt to draw blood again,” the university stated. 

But had she deliberately missed the vein the first time to punish the “transphobic” patient? Wake Forest believed her statements that she had not, saying, “Our review revealed that the description of the patient encounter on social media does not reflect what actually occurred. We also determined that all of our procedures were followed while caring for this patient.” For her part, Del Rosarion, who expects to be reinstated, said,

“For the event mentioned in the tweet, I was performing a blood draw on a patient and during our conversation they had shown dismay at my pronoun pin,” she said. “I calmly shared my thoughts about pronouns and did not escalate the situation further. When I was doing the blood draw, I missed the first time due to my inexperience as a student, and per our policy, my supervisor performed the successful blood draw the second time….[I] never intended to harm the patient.”

She also wrote an apology to the school for her inflammatory tweet, admitting   to “poorly representing” the school and the healthcare system. [Source: Campus Reform] Continue reading

Since Ethics Alarms Appears To Be The Only Source Trying To Publicize This Problem, Here, For The Third Time, Is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit” [Corrected]

I re-posted the early Ethics Alarms entry from 2010, titled “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit,” in 2016. As I explained then, the original post “raised an important and shamefully under-reported topic, one that despite my exhortations then has yet to be adequately examined in the media.” In 2016, when I googled various combinations of “mouthwash,””Listerine,”‘alcoholism,” and “alcoholic,” the first result was my post. “Most people who are not afflicted with the disease of alcoholism have no idea that mouthwash is a popular stand-in for liquor, or that is used to deceive family members who think an addict is no longer using or intoxicated,” I wrote. On that occasion I was prompted to re-post the essay after I had been shocked to hear a physician friend who treated alcoholics plead complete ignorance of the links between mouthwash and alcoholism. Today, it was the reaction of my own physician, who is usually up-to-date on all medical research, and he had treated alcoholism sufferers at the VA. He had never heard anything about the problem.

Google would seem to indicate that there is some publicity about the issue. (Interestingly, while in 2016 Ethics Alarms came up first in any search for the topic, today it doesn’t appear in the first five pages. Why would that be, I wonder? Well, this is another issue.)

This section of my 2016 intro is still valid:

“Despite my frustration that what I regard as a true exposé that should have sparked an equivalent article in a more widely read forum has remained relatively unknown, I am encouraged by the effect it has had. Most Ethics Alarms posts have their greatest traffic around the time they are posted, but since 2010, the page views of this article have increased steadily…More importantly, it has drawn comments like this one:

‘Am looking after my twin sister who is a chronic alcoholic. She has been three days sober and then she just walked in and I couldn’t work out what the hell happened. She was in a stupor , but there was no alcohol and I am dispensing the Valium for detox period and she smelt like mint!! Found three bottles of it !!! This is my last big push to help her and she pleaded innocent and no idea it had alcohol in it! Hasn’t had a shower for two days but keeps her mouth fresh and sweet !! Thanks for the information. Much appreciated XXX’

“Most of all, I am revolted that what I increasingly have come to believe is an intentional, profit-motivated deception by manufacturers continues, despite their knowledge that their product is killing alcoholics and destroying families. I know proof would be difficult, but there have been successful class action lawsuits with millions in punitive damage settlements for less despicable conduct. Somewhere, there must be an employee or executive who acknowledges that the makers of mouthwash with alcohol know their product is being swallowed rather than swished, and are happy to profit from it….People are killing themselves right under our noses, and we are being thrown of by the minty smell of their breath.”

Here again is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profi,” lightly edited and updated. Maybe the third time’s the charm.

*** Continue reading

Observations On An Ethics Mess

Ethics Messes are situations too chaotic and ugly to qualify as Ethics Train Wrecks. This is an Ethics Mess. Think of it as a runaway Ethics Train Wreck that hit a nitro-glycerine factory and was then stomped by Godzilla. All we can do is sift through the gore.

California State University, Sacramento associate professor Tim Ford and his wife had a confrontation with their neighbors during which Ford’s wife, who was intoxicated, called one of the neighbors a “nigger” several times as well as a “bitch.” The target of her abuse, Mikaela Cobb, videoed the exchange and posted it on Facebook. The professor’s conduct was far from civil as well, as he is caught shouting, “I’m a professor at Sac State, dude. I have a Ph.D. I don’t need to be dealing with shit like this!”  He can also be seen tossing  a can of some beverage at the neighbor’s window.

Sacramento State President Robert S. Nelsen said last week that he had recently received and watched the “very disturbing video” that showed the professor and his wife in “an ugly verbal dispute with their neighbors.” Even though the couple’s neighbors are not Sac State students, Nelsen said, he still regarded the situation as serious and a school matter, and he said that the video had a harmful impact  on the campus community. Continue reading

Morning Ethics Warm-Up, 10/1/2018: Of Boies, Drunks And Maryland…

Welcome, October!

In vaudeville terms, ethically speaking, this is like following a dog act…

1.  More on the strange legal ethics of David Boies. I am currently teaching the David Boies-Harvey Weinstein-New York Times fiasco as a main feature of all of my legal ethics seminars. (You can read the original post here) To its credit, the Times recently did a feature on Boies including his side of the story, which is, I found, not very mitigating. It also had this passage:

For his part, Mr. Weinstein showered Mr. Boies with invitations for opening-night parties and celebrity-studded charity events. The Weinstein Company put one of Mr. Boies’s daughters in the hit 2012 film “Silver Linings Playbook,” and also distributed a movie she produced, “Jane Got a Gun.” Along with the son of one of his law partners, Mr. Boies formed a film production company, which invested $5 million each in two Weinstein films, “Gold” and “The Upside,” both flops.

These entanglements may have colored Mr. Boies’s objectivity and judgment about Mr. Weinstein. But they weren’t, in the legal sense, a conflict of interest. They more closely aligned Mr. Boies’s interest with his client’s, which as far as the bar is concerned is a good thing.

I don’t know what bar the Times is talking about, because a lawyer “aligning” aclient’s interests with a client is not “a good thing,” but a condition that interferes with a lawyer’s independence and objectivity. It creates a personal conflict of interest that not only has to be waived by the client, but which the lawyer must reasonably believe will not affect his representation.

This comments to ABA Model Rule 1.8 make it very clear that significant gifts to clients (in this I would include gifts and benefits to family members) are ethically perilous at best:

Gifts to Lawyers

[6] A lawyer may accept a gift from a client, if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted. If a client offers the lawyer a more substantial gift, paragraph (c) does not prohibit the lawyer from accepting it, although such a gift may be voidable by the client under the doctrine of undue influence, which treats client gifts as presumptively fraudulent. In any event, due to concerns about overreaching and imposition on clients, a lawyer may not suggest that a substantial gift be made to the lawyer or for the lawyer’s benefit, except where the lawyer is related to the client as set forth in paragraph (c).

Why don’t bars just declare lawyers accepting significant gifts and favors from clients as inherent conflicts of interest that reek of the appearance of impropriety?

The answer is that lawyers like getting gifts from rich clients, and lawyer associations tend not to interfere with things lawyers like to do. Continue reading

Lunchtime Ethics Warm-Up, 5/29/18: Lies, Boycotts, Boos, and More Lies

1. Update: We discussed earlier the accusations by former staff that Rep. Tom Garrett (R-Va.) had used his Congressional staff to perform personal tasks for him, his wife, and his dog. Now he has announced that he will not seek re-election, because he needs to deal with his alcoholism. As we know from many previous example, alcoholism is the go-to excuse for all manner of misconduct. In truth, it doesn’t make anyone misuse public funds, it doesn’t make anyone turn their staff into domestic help. This is a face-saving lie in most cases. In any case, good riddance.

2. Never mind football, what matters most is division and protest. DNC co-chair Keith Ellison actually tweeted this:

Yes, he is advocating a boycott of the NFL because the owners have decided that their ticket-purchasers should not be required to watch protests on the field before kick-off. Ellison and the other fans of making every aspect of American life a source of political discord believe that the protests, incoherent as they are, are more important than the games. He would inflict financial losses on a business for a completely reasonable policy, because it doesn’t further a progressive agenda. And, of course, those most harmed by a successful boycott would be the players. Continue reading