You may have heard recently about the fire cider trademark controversy. It’s a short but sad story: Back in the 1970s, Rosemary Gladstar coined the term “fire cider” for vinegar infused with garlic, onions, horseradish, and chili pepper. Like many of her recipes, she freely shares it with everyone so they can make their own at home and tweak it in any way they want. In the ’90s, she copyrighted the name, so that is her intellectual property–yet she still shares it with the rest of us.
Over the last 45 years, fire cider has become a commonplace, traditional name for a folk remedy. Unfortunately, one company–Shire City Herbals–decided to trademark the name so only they could use it. The trademark really should never have been granted, since there is ample evidence that the name has been in generic use for decades. Not to mention its inventor is still alive and well and can describe its original creation and use. But it was, and to make matters worse, Shire City Herbals are now suing three small herbal business owner/farmers for using the name fire cider. The owner of Shire City Herbals is on record saying that the boycott of their product has actually doubled their business (a claim I doubt), yet at the same time, they are suing Mary Blue of Farmacy Herbs, Kathi Langelier of Herbal Revolution, and Nicole Telkes of Wildflower School of Botanical Medicine–the “Fire Cider 3”–for $100,000 for supposedly harming Shire City Herbals’ business as well as trademark infringement. When people created a Facebook page to organize a boycott, Shire City’s owner complained to Facebook who forced the removal of the page; a subsequent page also had to be removed for the same reason. In spite of this blatant example of greed and legal skullduggery, Shire City continue to portray themselves as a grassroots company that cares about people’s health.
It is my belief that conventional medical care is only going to become more and more expensive, until the day comes when we don’t have enough fossil carbons left to fuel it and make the plastics it depends on. Medical expenses are now the number one reason for bankruptcy in America. There is, and there will continue to be, a need for health care that all people can afford and, as much as possible, make for themselves. Herbalism has filled that role from the time of Dioscorides, to Nicholas Culpeper, to my great-grandmother, to me. By sharing these methods within our communities, putting people before profit, we have kept the tradition of herbalism alive so that it can do the same for us.
However, it’s clear that some herbalists are more interested in money than medicine. In my opinion, they are a disgrace to this calling. Capitalism being what it is, it may be impossible to legally stop them. But as far as I am concerned, morally it is theft twice over–first they have stolen Rosemary Gladstar’s intellectual property, and secondly in their attempt to create a monopoly on fire cider, they are co-opting our collective herbal heritage. And because of bullying tactics like these (and by the way, Young Living have done the same by trademarking the name “Thieves” (read the comments at that link too) as in Four Thieves), all of herbalism may over time be brought under greater legal scrutiny and regulation which could ultimately make it impossible for us to practice at all.
If you feel similarly, I urge you to do the following:
- Don’t even buy fire cider, make your own! It is so easy. Keep the tradition, skill, and knowledge alive and share it within your community. Here are some instructions, or watch the lovely Rosemary show you how.
- Read more specifics about the situation here. Or check out this article.
- If you prefer to buy fire cider, you can purchase some online from Herbal Revolution. If you want to financially support the Fire Cider 3, buy other herbal preparations from Farmacy Herbs or Nicole Telkes. Or donate to the legal defense fund.
- If you are lucky enough to have co-ops in your area, you can encourage them to stock products from local herbalists and NOT Shire City.
- Sign the petition.
- Like the Tradition Not Trademark Facebook page.
- Contact Shire City Herbals (the owner is Amy Huebler) and let them know what you think of their behavior. Refrain from actual harassment. A polite approach is likely to be most effective here…although truth be told I feel like if these people had any conscience we would have seen evidence of it by now.
- Spread the word!
I guess recently there’s been a fair bit of ranting here, what with Etsy’s religious discrimination against pagan and “metaphysical” services (I still have not decided on an alternative platform for my preparations but will update when I do), and now this. But I feel I have to do my part to bring these things to everyone’s attention because they can so easily slip through the cracks. Herbalism is still around in large part because of mutual support among users and makers of herbal remedies. We are only as strong as our communities, and if we allow our traditions to be exploited for the benefit of the few instead of the many, if we stand by and let any member of our community be bullied and threatened, it weakens us all.