Case Study on Matt Bowden: Stargate International UOA-705 by Chelsea Griffin, Jess Maher , Øyvind Bjørnsmoen and Samira Ibrahim

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    10/22/2010

    A Case Study on Matt Bowden: Stargate International2

    A Case Study on Matt Bowden: StargateInternational | Developed for UoA InternationalBusiness 705, by Chelsea Griffin, Jess Maher ,

    yvind Bjrnsmoen and Samira Ibrahim

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    A Case Study on Matt Bowden: StargateInternational

    Stargate International was established by Matt and Kristi Bowden.

    Matt had two attempts at cracking this industry. The first began in

    1997-1998 when he began distributing legal alternative pills in New

    Zealand by both order/delivery based sales as well as stocking to

    retail stores. This first stint lasted six months but his second

    attempt saw the growth of a successful industry and an eight and ahalf year business. Witnessing horrific incidents around the use of

    methamphetamine Matt recognized an opportunity to provide a

    safer legal alternative for drug addicts. After spending some time in

    Australia after his first failure Matt returned to New Zealand in 2000

    and began producing and distributing party pills with the chemical

    Benzylpiperazine (BZP). Matt was met with many legal issues

    throughout his time in the industry. However his overarching goalsof harm minimization prevailed until 2008 when legislation banned

    party pills in New Zealand. This case talks about opportunity

    recognition and legal reform in the party pill industry of New

    Zealand. It explores how a social entrepreneur can drive change in

    a small economy, upholding a strong sense of motivation and

    determination in the face of adversity.

    A Case Study on Matt Bowden: Stargate International3

    INTBUS 705

    FROMLEGALHIGHSTOLEGALREFORM

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    Introduction

    Those who have not had the chance to meet Matt Bowden may

    perceive him and the industry he is affiliated with as getting away

    with the unthinkable, literally selling you legal speed. However, this

    is a far cry from the truth, evident in the charismatic persona heexudes not to mention his passion for social change. He is now a

    stay at home family man who works with what he is truly

    passionate about, his music and his children. The experiences he

    has had paint a rather tumultuous picture of his life in the party pill

    industry and is the main opportunity recognition point in his career.

    With various tales of drug abuse, violence, prostitution, crime and

    even death, Matt found himself reaching some alternativeunderstandings and perspectives on the matter of drug reform. Matt

    is a true social entrepreneur who believes that he was put on the

    earth to achieve a purpose which has overrode a lot of the

    obstacles and challenges he has faced in his life.

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    Background: The first pursuit of the legal drug

    alternatives

    In the midst of 1997 1998, Matt was advertising for Performance

    Car Magazine when a client with a business proposition approached

    him. This was the first opportunity point in Matts entrepreneurial

    expedition. The product was a stimulant that upon testing, Matt

    realized was not your everyday pill. Matt instantly saw an

    opportunity, realizing that this pill had a purpose and could be used.

    He saw it as a potential safer legal alternative to drugs in a society

    where a methamphetamine explosion and an accompanying surge

    in violence was prevalent. This idea came to fruition when he began

    importing merchandise from England and distributing it to his

    known target market, those suffering from drug addictions. He

    began by advertising on websites and on the radio, with call centre

    and courier deliveries set up to facilitate sales and distribute the

    product. A support line and a F.A.Q were also set up. To spark retail

    interest Matt offered businesses such as The Hemp Store a 100%

    mark up on the pills. This strategy saw Matts product rapidly

    become a significant contributor to their cash flow, to the point of

    reliance on it for profit. At this point the venture began to attract

    media attention. He was approached by a journalist, named Greg

    Boyd who conducted an interview with Matt regarding his new

    venture. Unfortunately this first media contact was not the ideal

    coverage he was hoping for. His statements regarding the

    substance he was marketing were taken out of context and a

    misrepresentative story was portrayed to the public. The power of

    editing demonstrated statements being made about what the pills

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    were capable of doing. This became problematic for Matt as under

    the Medicines Act 1981 law, it was illegal to make any claims

    regarding the effects of a substance. Media pressure drove the

    Ministry of Health to take the issue to the courts. Matt substantiated

    his claims with both legal and scientific facts. However on

    investigation, the pills were found to contain a substance called

    ephedrine and a nationwide recall of the product ensued. Matts

    first attempt at cracking into a legal drug substitute market was

    only a six-month stint, but a profound interest was sparked in the

    legal side of this industry. However, this was not last both the

    government and the industry would see of Matt Bowden.

    I vowed in my heart that I would never be steamrolled like that by

    the government again, and that next time I would come back with

    something better and Id last more than six months1.

    A socially inspired return

    Later Matt was approached by an Australian investor who

    suggested marketing a product that was in an area of Matts

    expertise. After careful consideration and advice from his

    accountants, Matt decided to move to Sydney in 1999. There hepursued the idea of again providing a cheaper and legal alternative

    to harmful drugs. While amidst this environment he was exposed to

    a darker, unregulated side of the industry that shocked and moved

    him. He witnessed a number of terrible incidents involving

    methamphetamine, some concerning people close to him. This was

    the motivation he called upon to return back to the industry he had

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    previously failed in. He was inspired to try to find some form of

    safer stimulant that didnt result in the horrific effects seen with

    methamphetamine use.

    With the strength of his convictions Matt Bowden believed that if

    we could meet the consumer need without the harms, we could

    build a better society. Adopting the motto that if you believe in

    something strongly enough, you can do anything he began to

    pursue this idea.

    Bringing BZP to the market

    While still in Australia, Matt aligned himself with a neuro-

    pharmacologist and together they began to search for an alterative

    drug that they could use to fill this niche. Soon they discovered thedrug Benzylpiperazine, a non-addictive euphoric stimulant and so

    they began the pursuit to transfer this into a marketable product.

    Known colloquially as BZP this substance had been scientifically

    tested through clinical trials and was proven not to be a danger to

    consume. Research also indicated that in 1973 trials that were

    conducted with amphetamine users, they had indicated a liking of

    the drug BZP2

    . They knew that with this compound they might havebeen on to a winner in their search for a legal alternative substitute.

    They attempted to approach the Australian government, but they

    were not receptive to it.

    In order to tackle the escalating methamphetamine problem that

    was in existence in his home country, Matt returned to New Zealand

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    in 2000. He was then able to gain access to the substance BZP and

    began to make some pills. He decided to make a product for

    people that are choosing psychostimulants like amphetamines and

    give them a safer alternative. Soon Bowdens new product became

    a social, legal substance that was been taken by current drug users.

    Matts product was meeting the same stimulant need to keep them

    awake between the desired hours of 12 am and 6 am in the

    morning. It became evident that consumer and behavioral trends

    were changing, seeing a shift away from the intake of harmful

    drugs. Research was reporting the pills to be a success, with

    around 20 million tablets consumed in New Zealand and no

    reported fatalities3.

    Media and government pressuresWhile the business seemed to be flourishing there were other

    political issues that needed to be addressed. One of Matts major

    retailers The Hemp Store was part owned by a member of the

    Green party, Nandor Tanczos. The Sunday Star Times published an

    article that involved Matt and his business, with the main goal of

    having a go at Nandor Tanczos. The article attempted to

    discredit the politician by associating him with selling drugs thatwere illegal overseas. The media had its own agenda regarding the

    politician and thus Matt became once again caught in the middle of

    media and political cross fire. The New Zealand government and the

    Ministry of Health again got involved with the claims and started an

    investigation. This time around Matt had learnt a bit about how to

    deal with the media and government and attempted to go straight

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    to the source of the problem. Matt and his wife, Kristi, traveled

    down to Wellington and explicated his mission.

    He spoke to the government and said; This is what we are trying

    to do, a lot of our friends are addicted to methamphetamine, some

    of them are actually dying around us as methamphetamine users,

    we can't really put up our hands and ask for help because we are

    technically criminals now... Societys way of dealing with our

    problem is to lock us up in a cage and we think thats wrong, so

    what we are doing about it is we are making a safer alternative.

    The laws of supply and demand

    The objective of Stargate International and Matts focus has been

    on harm minimization, with a stated aim at addressing the drugdemand reduction strategies; his product was a addressing demand

    reduction. This aligned with the New Zealand National Drug Policy,

    which has three pillars, Matt felt that short comings of this policy

    was identified ultimately at demand reduction, which his product

    was addressing harm minimization.

    If you reduce the supply without reducing the demand, the quality

    comes down, or the price goes up. Now once you put the price up

    and it's worth more, then even though you might have been

    thinking about the fact that it's a couple of years in jail if you get

    busted, you might think more about that it might be worth it. The

    demand's going to stay there, because users are going to run out

    and want more...eventually you're going to get to the point where

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    it's worth it to crank out a few more grams, if they're worth

    thousands of dollars each.

    When these pressures exist the quality of the drugs is reduced and

    therefore more health risks emerge for people. This trend happens

    all around the world, these laws or trends are basic laws of

    economics. They are as set in stone as the laws of gravity and so

    politicians trying to ban substances and effectively start a drug war

    have proven to be a totally ineffective policy (Matt Bowden, 2010).

    He also identified another document, which aligned with his

    purpose. The Methamphetamine Action Plan was an initiative, which

    invited community groups to come forward with solutions regarding

    demand reduction. Matt proceeded to identify himself as a

    representative of the dance community a group who dont like to

    drink alcohol but instead prefer to take stimulants and socialize

    from late in the night until early in the morning. He indicated that

    this community would not be able to stop and believed that the use

    of a demand reduction strategy for them was offering a safer

    alternative. They responded by researching further into the topic.

    Research showed that people had stopped taking illegal drugs and

    in fact were using Stargate Internationals product instead. 44.1% ofparty pill users who also used illegal drugs stated that they now

    mainly used party pills instead4. Because of these newfound trendswhich supported Matts argument, the Government decided to not

    prosecute and to instead move toward changing the laws to

    accommodate Matts vision.

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    The turf war begins

    Competition arose when rival industries such as liquor stores began

    to feel an economic sting. The booming party pill trend was seeing

    in some cases, that half the money usually being spent on alcohol

    going into the pockets of Matts industry. At the same time as this

    Matt states that Research started coming out from the fingers of

    the liquor industry, alcohol advisory groups and so on, saying party

    pills and alcohol shouldn`t be combined.

    A turf war was happening between the party pill and liquor industry.

    However with Matts excellent legal representation he again fought

    back. A rival industry, missing out on its revenue started pushing

    back and silently behind the scenes driving the whole campaign

    that party pills are dangerous, theyre bad, theyve got to go (Matt

    Bowden, 2010). This was substantiated with the valid argument thatno one had died from taking party pills, a statistic that the liquor

    and tobacco industry could not claim. They recognized that Matts

    industry had sold 26 million pills in New Zealand, which were

    consumed over eight and a half years by 400,000 consumers with

    no deaths and no lasting injuries5.

    Matt then withdrew some of his brands from the market, having

    disagreements with his distributors in the process. This was

    because the industry became too widespread with pills being sold in

    dairies and to the general public, no longer just to his original target

    market. As he had not put any patents on his intellectual property,

    the marketplace had exploded with competitor products. He had

    begun to feel that it was working contrary to the original mission.

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    His original mission was still strong in his heart and so he identified

    a way to continue with this while not having his products sold within

    the industry. He approached all his competitors and negotiated

    arrangements so that they would help establish a collective fund to

    pay the legal fees for the industry, as Stargate had effectively been

    dealing with the government on behalf of the whole industry, not to

    mention that the industry was based on intellectual property

    developed by Stargate.

    Establishing Class D

    In return he hoped to stop the government from shutting the

    industry. At this point the industry was facing an imminent shut

    down with the government preparing for a nationwide recall of the

    products due to the pills apparently breaking food safety

    regulations. The food safety authority was arguing that the pillswere not classified as a food group. Matts defense was that this

    was not the case and ingeniously relabeled the products as social

    tonics and wrote on the back that this is a harm minimization

    initiative so that it was really clearly labeled not as a food or dietary

    supplement.

    The result of this was in Matts favor, with a new class of drug being

    implemented by the government as opposed to an industry

    shutdown. In 2005 the restricted substance category or Class D was

    put in place, as a regulatory tool for lower risk substances deemed

    not harmful enough to be illegal. Class D could regulate it being

    illegally sold to someone under the age of 18, not being allowed to

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    advertise on the TV, radio or magazines and putting limits to how

    strong the drugs are allowed to be.

    They were lacking in a category for them so they wrote one up and

    put it in place As a result of this action it became apparent that the

    industry didnt fall under a specific jurisdiction and instead needed

    a new category with the Misuse of Drugs Amendment Act 2005. By

    taking this action, the NZ Government accepted that there was aclear need for ensuring that some kinds of standards and

    regulations were to be in place. Yet after creating the laws, they still

    developed a type of no mans land for the product where no formal

    regulations were in place.

    By 2006 BZP pills were a commercial success with the industry

    estimated at being worth 8 million annually6. As the industry and

    markets for it grew, so did the evidence of unethical behaviors.

    Without restrictions on the strength or quality of these products,

    there was evidence of some competitors pills being up to 16 times

    stronger than Stargate Internationals. Matt formed The Social

    Tonics Association of New Zealand (STANZ).

    After seeing a surge in the number of competitors, the party pill

    industry grew, broadening markets and uncovering some

    unfortunate events which were a result of youth combining the use

    of alcohol and BZP. This was also a cause for media to pressure the

    government for further attention and enquiry. A request for

    research was arranged which was enthusiastically supported by

    Matt whom had already extensively researched the cost to benefit

    analysis of this approach and product. Clearly the lesser harm of the

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    social tonics industry products when compared to alcohol was

    something he was excited for the researchers and policy makers to

    explore.

    All the independent research came back confirming that the pills

    were of very low or as low as practically possible risk, but one

    commercial institute with strong ties to government came back with

    claims of serious adverse events. Matt suspected that this researchwas somehow flawed or misrepresented, which became clear at a

    later stage when a whistleblower leaked information about the

    research. The research failed at peer review stage but was used as

    a political and media tool. The ban happened as part of a lead up to

    an election. Before Matt and his lawyers could counteract this, Jim

    Anderton passed a new piece of legislation banning party pills and it

    was voted through in 2007 and came into force in 2008.

    Onwards and upwards

    Having set backs is not a concept unfamiliar to Matt Bowden. Now

    days his expertise in government lobbying and intellectual property

    on the relative issues of legal alternative drugs has been in high

    demand. Other countries facing similar issues such as Canada and

    the United Kingdom have called upon him for help. His

    entrepreneurial actions have transformed New Zealand into a

    representative sample. Now other countries are able to learn from

    New Zealand in the battle to minimize the harm caused by illegal

    drugs. He is also continuing to build New Zealand regulation

    systems by keeping a safe natural drug within the Class D category.

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    The aim of this is to eventually set international standards around

    drug policies

    He is very proud to have had this entrepreneurial experience in New

    Zealand, remarking on how cool it is that you can just pop down to

    parliament and with time and patience you can have some impact

    on laws and regulations for the better of the country. This is not

    something that can be done in larger countries so he urges peopleto take responsibility. He hopes that people try out new policies and

    do things that are quite progressive, as we have a small enough

    infrastructure to allow this to happen.

    Thats my feeling, we have just got to stand up and that for New

    Zealand as a country we have to stand upI feel like in a sense we

    have done that and I think that the mission worked in that sense.

    Now in 2010, he is in the process of recording a rock album, which

    will continue to carry on his message. He feels that if he has music

    out there he can be perceived more like an artist. Then when he

    makes a media statement he will be seen differently, as there is a

    different facet between being a businessperson and a rock star. He

    believes that having a commitment to social responsibility through

    regulating and operating to best safety standards, you can end up

    with an industry that is not only sustainable but also beneficial to

    society.

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    Notes

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    1 The authors wish to thank Matt Bowden for his valuable assistance in the

    preparation of this case. All direct quotations were taken from interview with Matt

    Bowden, at his home on the 28 September, 2010 - unless otherwise stated.

    2 Lynn Theron, Karl Jansen, Jennifer Miles (2007) Benzylpiperizine-based party pills' impact onthe Auckland City Hospital. Emergency Department Overdose Database (20022004) compared

    with ecstasy, Retrieved from: http://www.nzma.org.nz/journal/120-1249/2416/

    3 Lizzi May (2006) This Man wants to sell you legal ecstasy, Remix magazine , Retrieved from:

    http://www.mattbowden.com/Rebirth/wordpress/?page_id=105

    4Chris Wilkins, Melissa Girling, Paul Sweetsur, Taisia Huckle, Dr. John Huakau (2006)Legal party pill use in New Zealand, Centre for Social and Health Outcomes Research

    and Evaluation & Te Ropu Whariki, Retrieved from:

    http://www.shore.ac.nz/publications

    5 Peter Cresswell (2008) Retrieved from: http://pc.blogspot.com/2008_03_09_archive.html

    6Lizzi May (2006) This Man wants to sell you legal ecstasy, Remix magazine , Retrieved from:

    http://www.mattbowden.com/Rebirth/wordpress/?page_id=105

    http://www.nzma.org.nz/journal/120-1249/2416/http://www.nzma.org.nz/journal/120-1249/2416/http://www.mattbowden.com/Rebirth/wordpress/?page_id=105http://www.shore.ac.nz/publicationshttp://pc.blogspot.com/2008_03_09_archive.htmlhttp://www.mattbowden.com/Rebirth/wordpress/?page_id=105http://www.mattbowden.com/Rebirth/wordpress/?page_id=105http://www.shore.ac.nz/publicationshttp://pc.blogspot.com/2008_03_09_archive.htmlhttp://www.mattbowden.com/Rebirth/wordpress/?page_id=105http://www.nzma.org.nz/journal/120-1249/2416/