Posted to Op-Ed on

Op-Ed: ‘Pesach Lists’ Are Useless and Harmful

Rabbi Don Yoel Levy, head of the OK Kashrus certification organization, wrote the following article decrying the prevalence of so-called ‘Pesach Lists,’ which purport to identify which medications and other non-food household items are Kosher for Passover:

Several years ago, The Jewish Homemaker featured an article by Rabbi Avrohom Juravel about taking medications onPesach. When Rabbi Juravel’s article was published, we hoped that it would discourage the widespread dissemination of lists of medicines (and other products) that are supposedly acceptable for Pesach. Unfortunately, though his article was well received at the time, it had little effect on the publication and use of these lists.

In fact, the phenomenon of “Pesach Lists” has taken quite the opposite turn. Today, numerous lists of over the counter (OTC) and prescription medicines are still published every year, claiming to state whether or not the various medicines contain any chometz or kitniyos, and their acceptability for Passover use. These lists of prescription medicines include many that are prescribed for serious conditions such as heart ailments, low blood sugar, etc.

Therefore, I would like to take another look at the preparation and use of these lists from two perspectives. First, how authentic and accurate are these lists? And, secondly, should they be publicized at all?

As a kashrus agency, one of our main tasks is to continually review and verify ingredient lists for the products we certify. Obtaining accurate ingredient lists and keeping them updated can be a complicated process and is not simply a matter of a letter or phone call requesting information. For example, when a new company applies to the OK for certification, we first request that they send us a complete ingredient list. The company may not initially understand, or want to understand, what is required, and it can then take some time for OK rabbis and staff to work with the applicant to submit the information. Once the company successfully submits an ingredient list, two additional steps are required before the products can be certified. First, a specific formula, or recipe, including all ingredients and the manufacturing process, must be submitted for each product. These formulae, when entered into our computer database system, may reveal discrepancies with the original ingredient list, or suppliers that do not have acceptable kosher certification. Formula submittal is a crucial tool for monitoring which ingredients are used in the production of certified products. In fact, in the course of a formula review prior to certification, I personally discovered a company that was using a non-kosher ingredient, which they had not told us about.

After the ingredients and formulas have been reviewed, rabbis regularly visit the facility to verify the accuracy of all the information we received. Even after all of the work and checking described above, a Rabbi will often note that the submitted ingredient list was incomplete.

Verifying ingredient lists does not pertain only to new companies seeking certification. The mashgiach who regularly inspects a facility must ensure that our ingredient lists are accurate, and that kosher ingredients are correctly warehoused. On occasion, unacceptable ingredients are brought into a facility; constant vigilance is necessary to ensure that only approved ingredients ever reach the production floor. At one facility with thousands of ingredients, the mashgiachperforms a daily inventory of newly arrived ingredients. Sometimes he has to reject incoming ingredients because they do not meet acceptable criteria.

The companies discussed so far have signed a contract with the OK and are cooperating with us; nonetheless mistakes and discrepancies occur. Only through constant monitoring can we be sure that ALL ingredients used in the production of kosher products, and especially kosher-for-Passover products, are acceptable.

How do the publishers of the “Kosher-for-Passover” lists get their information – especially from companies that have no certification at all? Generally, a clerical worker with little or no kashrus expertise will write or call the company asking for information. With no system in place to actually follow up and verify the information received, it is ludicrous to assume that the information is accurate. Additionally, the months of preparation required to compile so much information and get the lists ready for publication guarantees that the information will be outdated by the time it reaches the consumer.

Even if information was correct on the day it was received, companies may change suppliers for a host of reasons, and they have no obligation to inform the list publishers of these changes. Perhaps they once used a certain starch that was not chometzdik as a binder. Later they found a new supplier of the starch at a better price, and the new one ischometzdik. Or, as commonly happens, the acceptable ingredient is no longer available and the manufacturer is forced to find an alternative.

There is a commonly held view that if someone writes to a company claiming a food allergy to a specific ingredient, the company will give true information. Although companies will respond to such queries, they will not necessarily reveal the whole truth and therefore cannot be relied upon. Recently, a Jewish website claimed that a certain liqueur produced in France was Kosher. This claim was made after a rabbi sent an email to the manufacturer stating that the writer is allergic to grapes and would like to know if there is any grape alcohol in their product. The writer claimed that the company did not realize he was asking about a kosher issue, merely an allergy concern. The response of the company stated that there was no grape alcohol in their product and so the rabbi assumed it to be kosher.

There are two issues with such a claim:
• Allergist will tell you that alcohol made from grapes, lactose, wheat, etc. will not affect a person allergic to base material from which the alcohol is made. Therefore companies will assume that this won’t affect the consumer and may not reveal this information.
• Although the rabbi assumed the company did not know he was asking a kosher question, the email address had the word rabbi in it, as well as the name of his Jewish organization!

Another misconception is that the kosher status of a product can be determined by checking the ingredients listed on a company’s web site. Based on the company’s reply to his email and the ingredient list posted on the company website, the rabbi concluded that the liqueur was kosher.

What a churban! Can we give a hechsher to a product simply by writing a letter and checking the company’s website?!

A very popular “Pesach List” produced in the New York area has, for years, printed erroneous information about a certain drink that is certified by the OK. Each year, this list claims that the product is only kitniyos, and can therefore be used in certain situations on Pesach, when, in fact, the product is chometzdik! Attempts to contact the compiler have been ignored, and each year this horrifyingly incorrect information is reprinted. Clearly, a G-d fearing Jew cannot rely on these lists of medications and other products that are supposedly acceptable for Passover.

Should these lists be publicized at all? Besides all of the serious issues raised above regarding the accuracy of the lists, it is the position of the OK that decisions regarding the permissibility of medicines on Pesach, especially prescription medicines, can only be made by a competent Rav on a case-by-case basis.

Anyone with a heart condition or other serious illness must consult with his doctor about the need to take his medication on Pesach. He should then explain all the details to his Rav, who can then decide what to do according to halacha. Publicizing that certain medications are, or may be, chometzdik will only cause people to be machmir on themselves when they should not. Some years ago at a rabbinical meeting in Europe, Rabbi Bakshi Doron, the Chief Rabbi of Israel at that time, told of a young man he knew who had refrained from taking a certain medication during Pesach, because there was a chashash chometz (possibility of chometz). Rabbi Doron stated, “I have just come from his funeral.”

A similar story was written by Rabbi Shmuel Eliezer Stern of Israel, a prominent Dayan in the Bais Din of Rabbi Wosner, where someone did not take needed medication during Pesach because of a chashash chometz and passed away.

The publications of Pesach lists, especially concerning medications, can easily do more harm than good. How can anyone take such a responsibility in good conscience? So, before Pesach, call your doctor about any medications you are taking, consult your Rav, and let them make a joint decision that takes your health and halacha into account.

Wishing you a healthy and kosher Pesach.

Related Articles

32 Comments

  • To Rabbi Levy

    Does the same apply to household items such as soaps toothpaste etc..?

  • thank you

    i was wondering about that – about how its possible for them to a) investigate so thoroughly and b) have it still be accurate months later…
    so is it possible for a certified organization like OK to publish the names of rabbis whose lists are acceptable?

  • Citizen Berel

    Glad this was published. So where am I holding. I have a medication that I take, not life threatening not to take it for a bit more than a week but a disaster nonetheless.

    Had been relying on blumenkrantz’s book. So now, according to this, there is no way to know whether or not my medication contains chometz and the question then is can I take a sofeik chometz medication.

    Should I. Is it a sofeik. Are there industry norms for certain medications. Nothing.

    My rov doesn’t know much about how meds are made.

    This is 21st century kashrus? This is a churbon.

  • Citizen Berel

    K problem solved. Ask a big rov what knows stuff. Rov asked whether it was a pill and what it was for and said for condition x it is allowed no matter what but better to take one on the approved list than one not on the approved list. And he said that the best approved list he believes is by a fellow called Rabbi Bess.

    Bottom line — ask a rov.

    Imagine that, you really can’t live without rabbonim.

  • the OU's take on medication

    http://oukosher.org/passover/articles/medication-guidelines-for-passover/

    the OU rabbonim, headed by Rav Schachter of yu, paskened that all non-chewable medications can be taken, Therefore they don’t publish lists. Medicines that are formulated for taste, like chewable pills, liquid medicines can be a problem and should be reviewed.

    Most Lubavitcher rabbonim are following this guideline today to medication on Pesach.

    • YMSP

      That’s a heter shebehetairim, even not on Pesach. No Lubavitcher Rabbonim follow that “klal.” The need of the medication, other type availability and the kashrus problems specific to that med are all factored into any psak.

      Schachter’s as good as a galach and is in cherem by an NY Bais Din that follows halacha for some of the insane things that he’s involved in. Don’t even get me started on YU (both of those letters – Y and U – resemble Korach’s pit for a reason, vda”l).

      As to Schachter – vehoyu einecha roios es moirecha:

      http://forward.com/articles/173452/yeshiva-rabbi-hershel-schachter-stirs-hornets-nest/?p=all

      http://daattorah.blogspot.com/2012/08/aharon-friedman-assaulted-in-wifes.html

      Ukaeileh rabbos.

      (Not endorsing either of the above “sources” but on this issue they’re reporting documented fact and the last one quotes his tapes).

      Beser fregen bei a reformer velcher pruvt nit tzu bahalten zein freikeit.

    • Milhouse

      YSMP, while you’re right that this heter doesn’t have much support among Lubavitcher rabbonim, there’s no need to be rude about it. It’s not just a YU thing; I personally once asked a rov who was a talmid of the Chofetz Chayim a shayla about a particular OTC remedy, and he replied “who told you that medicine has to be kosher?”. This is a respectable position within halocho. Obviously Pesach is different, but it’s not obvious that the same approach can’t apply.

    • YMSP

      Wrote that way to point out who Hershel Schachter is and not to trust the OU (better to ask HaRav Al Sharpton Shlita, whose hashkofos are probably less mixed up than his). My comments weren’t directed toward the poster and I hope that was clear.

  • Have Masgiach Will Travel

    It was a great article and it hits to the point!!!!
    I have a medical condition and two Rovs (one the Mora Dashra of the City–not in New York) told me that not only should I not stop taking the medicine on Pesach, but that I should take them even on Yom Kippur and Tish abov(with the minimum amount of water needed to swallow)!!!! I have met many who are like me in this regard.
    so #3, There are Rovs who can answer your question and if in doubt, I am sure the Ok or the OU can refer you to someone who can aid you in this issue and someone who is familiar with your requirements.
    #2) Have you ever been a Masgiach? One of the places I do is a manufacturing plant of over 120, 000 sq feet. It is a project, but I start from incoming shipments, to storage racks, to cleaning facilities, to the waste disposal area, to every bit of the production lines of which there are several to the whole warehouse of invitory, even into the refrigerators. As I said, it is a project that takes time and eagle eyes, but it can be done if one puts the effort and the right frame of mind into the activity.
    Once again a great article and some enlightenment on what needs to be done in certifying kosher products.

  • Ma Rabbi

    I agree with Rabbi Levy that one should ask a Rav.
    However, I disagree that the lists are useless.
    If you call a Rav he will have no idea what the medicine contains. At least the list tells you if the tablet is merely Kitnios which most people are lenient on or if its real chometz which is only permitted in the case of Sakana.

  • The truth can be frightening

    whatis the purpose of a Rov? he answers your Shaalos You sell your Chometz to him etc. When I sold my Chametz to The Rov I asked him concerning a certain medication. You know hat his reply was? He pulled out a booklet with listing of cosmetics medications etc. that was updated for this year & suggested that I look up the medication in the booklet. .From where does that booklet come from & who is the information verified? From People such as rabbi Levy who’s Job it is to do Just that We as the average person don’t necessarily have the time or the expertise to do all that research & therefore rely on those who do Don’t complain about doing your Job. If you claim info is not reliable or there is questions say it out right. I go the Rov I trust as Torah tells us to. If you have questions ask if you don’t trust the Rov don’t go to him. If there are questions about a product even after you discuss it don’t use it if it is not necessary or essential. Your Rov is supposed to be a professional competent etc.follow what he tells you. that is all you can do..The Torah discusses what happens if A Kohen or a Nassi makes a mistake. If it is a real mistake Ch”v then it is on them not you Just like when you seek out advise or get work done etc. by a pro in any field you rely on their expertise experience etc. to accomplish or fix that which you need done..If you can’t take the heat get out of the kitchen!

  • Mystery drink

    It seems that it should be fairly simple for the ok to correct the misconception about a “certain drink” by simply publishing a correction naming the drink and the list that published the erroneous information.

  • Thinkster

    What does the author mean that you consult your Doctor whether you need to keep taking life saving meds, and then consult your Rav with that information? If your Doctor tells you to keep taking your anti-arrhythmia medication, you take it.

    • Milhouse

      Wrong. A doctor can only tell you what will happen if you don’t take the medicine. A rov has to pasken whether that justifies taking it. It depends on why you’re taking it, and what is likely to happen if you stop for a week. Obviously if you have a real arrythmia, the rov will tell you to keep taking it. But if it’s just a precaution, a competent rov will want to know how real the risk is.

      The doctor doesn’t care about pesach or kashrus or yom kippur or anything like that, to him they are worth nothing, and any medical indication is enough to throw them overboard. But of course this is wrong. For instance if the condition you’re treating is not life-threatening, and the medicine is real chometz be’ein, then there is no heter to take it, and a rov will look for acceptable alternatives. In the unlikely event that he can’t find any alternatives, if it davka has to be this medicine and it has to be taken be’ein, then he will probably pasken that you have to interrupt treatment for a week, even if that means you may get sick. This will horrify your doctor, but so what?

  • Milhouse

    Bimchilas kevod R Levy, there are many people who take OTC remedies that are not pikuach nefesh, and if these remedies contain chometz they should probably not take them on Pesach, but at the same time they don’t want to give them up for no reason. If I have a headache on Pesach I have no right to cure it with chometz; if that is the only treatment available then I am obligated to suffer leshem shomayim. But if I can find a pesachdike tablet, or even one that contains kitniyos, why should I suffer for nothing? This is what lists are useful for.

    As for the lists’ accuracy, I have news for you, in most countries this is what they do for everyday kashrus. They write to the company and trust what they are told. Al pi din this is enough, and if it fails now and again, well, even the best hechsher system also fails sometimes. If you know of a specific error in a popular list, surely you are obligated to publicly correct it, and not just snipe with vague and useless generalities.

    • you're missing the real issue

      something which is not “roi l’achilas kelev” that a dog will not eat it, can be eaten on pesach.
      no dog will eat your pills period.
      the argument is “achshivei” that since i take this pill every day, i give it importance and therefore it’s considered a food item.
      Rabbonim with common sense have said that any pill prescription medicine can be taken if it’s needed, even without sakanas nefoshos. liquid caps are a problem since they are made to taste good.
      vitamins are not a medicine.
      J & J, bristol myers, etc. are not giving away their formulas because some rov wrote them a letter. and no one is going to inspect them like kashrus agencies are paid to do. . so the validity of the kashrus lists is very weak.
      for this reason the OU, Rabbi Tauber, Rabbi Raichik and others with common sense have said throw out the lists. if it’s prescription, take it. if it’s vitamins, get a hechsher. It seems Rabbi Levy is going with this way of thinking as well.

      #12 mentioned blumenkranz’s book.
      it has its value, but its over the top. read the part about chametz after pesach, and your eyes will platz. he actually uses a list of board of directors’ last names to determine if the publicly held company has to be considered Jewish. his paper towel kashrus piece is a ongoing joke in kashrus circles. so just because he has a list doesn’t mean we have to follow it.

    • Milhouse

      Whether something is nifsal me’achilas kelev has to be determined on a case-by-case basis. You can’t just say that all medicines are nifsal. Some are and some aren’t. You can’t even consult a dog; “vos veis a hunt?”

      Your say that pharma companies can’t be trusted because they keep secrets. The drugs themselves are patented, so by definition they’re not secret! But in any case we’re not really interested in the drugs themselves but in the inactive ingredients that make up over 99% of the final product, and those are surely not secret.

      if it’s prescription, take it. if it’s vitamins, get a hechsher.

      Even you just admitted that this is not necessarily so. That there are medicines which count as food. So what does one do if such a medicine is prescribed?

      And you have completely ignored the whole category of self-prescribed OTC medicines; what should I do if I need one for a non-lethal problem? Even if all pills are nifsal, what about caps, which you admit are a problem? Without a list, how do I know which ones I can take without any qualms, and which ones I should suffer severe distress rather than take? I’m willing to suffer if the Torah requires it, but not if it’s for no reason.

  • read read read what he wrote

    first ask your doctor if you need the meds everyday? and if he says yes… tell that to your rav … if its chometz or not is not the issue now… if your doc says you need it you must take them …
    great job rabbi Levy

    • Milhouse

      Wrong. If you need it for a condition that is not at all life-threatening, and the medicine is real chometz mid’oraisa, then you may not take it no matter how much your doctor says you need it. If that means you’ll get sick, then you must get sick. The issur of chometz is more important than your health, so long as there is no risk of pikuach nefesh. But generally there will be medically acceptable alternatives that are not an issur de’oraisa; the rov, in consultation with the doctor, need to look for such an alternative so you don’t have to get sick. Once it’s not a d’oraisa the rov has options, and can decide what level of medical necessity justifies a heter.

  • Paper Towels

    Paper towels are used by many to placed freshly fried potatoes to soak up the oil. If the towel has any taint of chametz it would be a big problem. certainly when used to wipe hands etc it doesn’t make a difference.

  • DO NOT PLAY GAMES!!!

    Do not play games with medicine!

    Like has been said already, check with your Rav and doctor before deciding on your own to be machmir, possibly dangerously.
    There was a time (I don’t know if that’s still the case) when the Satmar Pesach guide did not list precription medications. This was because Hatzolah got so many calls from people who endagnered their lives and health by deciding on their own not to take their medication.

    • Milhouse

      Why don’t you stop pretending that every medicine is pikuach nefesh. If it is, then of course ask a shayla. But plenty of medicines are not even remotely pikuach nefesh. I don’t need to ask a doctor about a self-prescribed OTC med. I may need to ask a rov, or I may decide to be machmir.

  • Thinkster

    Milhouse, you’re making the unfortunate assumption that Rabbis understand enough about medical conditions to make any kind of informed decision regarding the importance of those medicines. That is clearly not the case, and any assumption to that effect could be deadly.
    A middle ground might be asking a frum doctor his opinion regarding particular meds.