2023 in Review: Ninestar Ban Earns Top Shocker Story

I’m going to be honest with you, and frankly, it’s not exactly a state-level secret. There isn’t a hell of a lot going on in the industry right now. Thus, the quantity of news items is going to be scant this week and next.  In a few weeks, we can expect to learn about M&A deals that were transacted in late November or December. If this sounds like a broken record, it’s only because little changes from year to year in the news cycle racket.

By the same token, The Week in Imaging show must go on; our newsletter doesn’t take a break. It’s a screeching baby bird, mouth open, pleading to be fed. Everyone loves lists, so for the next two weeks, we’re going to recognize those stories that shaped the industry, both good and bad. But we don’t want to go about this all willy-nilly. Let’s do this the right way, with categories and awards.

We commence with the Most Shocking Story of 2023. And the winner is…Ninestar gets banned by the Department of Homeland Security (DHS) by being placed on the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. Actually, we won’t present a trophy in this case. This is pretty heady and somber stuff for a light-hearted annual review to touch upon. But while there have been murmurings about certain China-based firms engaging in business practices that the free world would abhor, it is nonetheless unsettling to learn of its connection to our industry.

Opinion

You may have noticed that this publication, as well as others, has essentially walked the fence on this subject in not passing judgment. Some talking heads/analysts/doomsayers have maligned, vilified and excoriated Ninestar, having already passed a guilty judgment. The fact that Ninestar is even on the list presumes guilt, and now the company is battling for its business life to get the Entity List inclusion thrown out, or at least litigated.

So, why was ENX not quick to condemn Ninestar? The time and resources that would be required to investigate and gather information to produce a fair and impartial report would be considerable. Even then, when dealing with an entity such as DHS, much of the information that would help paint a clearer picture as to why Ninestar was placed on the list is not being released to the general public. News gathering organizations often have to file a Freedom of Information Act (FOIA) request with the federal government, which has 30 days to respond but may assert that it needs more time to fulfill the request, depending on the complexity of the issue and the volume of documents entailed.

Further complicating matters is the international nature of the case, and the DHS may ultimately assert the information is shielded due to U.S. security interests. Add in the fact that the matter is now being litigated in the U.S. Court of International Trade, it hamstrings both plaintiff and defendant when it comes to making statements to the media, regardless of whether the request comes from mainstream or B2B trade publishing.

The conclusion: without a dedicated team of resource-backed investigative journalists, it is nearly impossible to do a fair and balanced reporting job (and even then, it would be a laborious project). Thus, we follow court rulings and company statements. It’s the nature of the beast. It is irresponsible for any entity that considers itself to have a news reporting function to take sides without doing an earnest investigation.

Fallout

It is difficult to fathom the idea of slave labor taking place in the 21st century. The mere thought turns one’s stomach into knots. I truly feel for companies such as Lexmark and Static Control, which have had to deal with the questions surrounding their castigated owner. These are solid, upstanding firms led by good people and backed by outstanding and loyal employees. They do not deserve the stain that will now follow Ninestar until (and unless) it can prove it does not embrace slave tactics to produce cartridges and supplies.

Erik Cagle
About the Author
Erik Cagle is the editorial director of ENX Magazine. He is an author, writer and editor who spent 18 years covering the commercial printing industry.