NCL Urges FDA to Put a Stop to Deceptive Labeling of Tomato Products – National Consumers League

/in /by

By Courtney Brein, Linda Golodner Food Safety and Nutrition Fellow

Last week, the National Consumers League sent a letter to Food and Drug Administration (FDA) Commissioner Margaret Hamburg strongly encouraging the agency to enforce and expand its mandate to prevent the deceptive labeling of tomato products. A plethora of products currently on the market carry false and misleading labels implying that they have been made or packed directly from fresh tomatoes when they are actually created from concentrate. These labeling claims include statements such as “packed full of premium vine-ripened tomatoes,” “made from California vine-ripened tomatoes,” “packed from 100 percent California tomatoes,” and “picks the freshest tomatoes,” and often share the label with pictures of whole, vine-ripened tomatoes. Such claims are misleading to consumers and should be better monitored by the FDA.

Nineteen years ago, NCL urged the FDA to define the term “fresh”; to issue guidance differentiating products made directly from fresh ingredients from those created from concentrate; and to take enforcement action against such products bearing false or misleading labels, steps that the agency consequently took. While these measures reined in misleading tomato product claims at the time, the agency has not consistently enforced them, and, in recent years, tomato products bearing misleading labeling have proliferated. Furthermore, in order to circumvent the FDA guidance, many marketers are using terms such as “vine-ripened” that convey the same meaning as “fresh” to consumers, and that do not in any way suggest that products labeled as such are made from a thick industrial tomato concentrate, weeks or months after the concentrate is manufactured.

In its December 10 letter to Commissioner Hamburg, the League suggested a series of steps for FDA to take, in order to stem the tide of false and misleading labeling of tomato products. First, in order to send a clear message to industry, the agency should take enforcement action against remanufactured tomato products currently on the market that bear false or misleading claims. Second, FDA should issue a new, updated guidance to industry that expands the agency’s enforcement policy to include claims that imply – in addition to those that specifically state – that a reconstituted tomato product was packed or made from fresh tomatoes. Third, the agency should require fruit and vegetable products made from concentrate to be labeled prominently as such on the principal display panel of a package, as is currently required for juices; this measure will ensure consistency in labeling requirements among this group of products.

Sally Greenberg, Executive Director of NCL, stated, “In order for food labeling to be effective, it is imperative not only that the label not include false or misleading claims, but that it quickly and easily convey accurate and important information to consumers. The fact that a tomato product is remanufactured with added tap water from concentrate, rather than packed from the fresh tomatoes in a single, continuous process, is material information. It is our hope that the FDA will take the necessary enforcement action, as well as issue new guidance to industry, in order to bring transparency to the labeling of all fruit and vegetable products from concentrate and prevent consumers from being misled.”

The League’s efforts to bring transparency to the labeling of reconstituted tomato products continue its long history of demanding truth in advertising.

Evening at the ‘People’s House’ – National Consumers League

/in /by

The Obamas welcoming guests to the White House.

By Sally Greenberg, NCL Executive Director

On Tuesday afternoon, I took the 7-minute stroll over to the White House from our offices in downtown Washington to be part of a group that received “exclusive” nontransferable invitation to the White House to celebrate this festive season and enjoy the White House’s beautiful and diverse rooms and halls filled with holiday decorations. Indeed, during a “Meet the Press” interview in December 2008, President-elect Obama said, “Part of what we want to do is to open up the White House and remind people this is the people’s house.”

Since the election of Mr. Obama last year, he has made good on that pledge. These days, the White House is a very different place—a welcoming place—for those of us in the nonprofit and public interest world. We are not the well-heeled lobbyists who make large campaign contributions and yet, though they may not always take our advice, members of the White House staff have invited us into their offices often to talk and to share our views. The National Consumers League and our consumer and labor colleagues have also been invited to the President’s speeches on mortgage fraud and the overhaul of our financial markets, been a part of bill signings for the credit card and mortgage reform bills. But yesterday was a little different because we weren’t there to work—we were there to enjoy the beauty of the “people’s house.”

White House Social Secretary Desiree Rogers, left, with Sally Greenberg

Finding colleagues from across the public interest world at this lovely White House gathering, we spent an hour walking through the various rooms in the house—including one filled with portraits of first ladies, another painted a very bright red with beautiful hand carved chairs and tables. White House staff was there greeting us—high level staff including Valerie Jarrett, the president’s close advisor and longtime friend.

The food was delicious – blini, little Russian pancakes, sat next to potato latkes or pancakes, a traditional Hanukkah offering. There was a table with the best egg nog you’ve ever tasted. Of course, when the First Couple finally arrived, I was in the wrong room. A roar went up, and the crowd quickly moved toward the President and Michelle. I didn’t have a prayer of seeing them—I’m far too short—but I did ask the very tallest reveler to take a photo for me, and it’s included here. I caught a few glimpses of the First Couple when some taller visitors took pity on me and brought me up to the cordon where we were all shaking hands. Alas, by then the First Couple were moving toward the door. Nevertheless, I was struck by how much fun the President was having – it seemed remarkable that in the midst of all the many issues he has on his plate, he can lighten up and laugh and enjoy his guests.

Out we went just after 5 pm into the darkening streets of Washington, grateful that consumers, civil rights, environmental, and disability groups have the chance to share this beautiful place with the new President, our public interest colleagues, and the White House staff.

NCL asks FDA to crack down on ‘fresh’ and ‘vine ripened’ labeling abuses – National Consumers League

/in /by

December 11, 2009

Contact: (202) 835-3323, media@nclnet.org

Washington, DC–Today, the National Consumers League (NCL) sent a letter to the Food and Drug Administration (FDA) urging renewal of its efforts to prevent consumers from being misled by deceptive labeling of processed fruit and vegetable products.

Nineteen years ago, NCL persuaded the FDA to take a firm stand on prohibiting the use of the term “fresh” on any fruit or vegetable product that is reconstituted or remanufactured from concentrate. At that time, NCL asked that the use of the term “made from concentrate” or “reconstituted” be placed prominently on the front label of these products. FDA issued policy guidance designed to prevent the continued labeling misrepresentation of these products and took action against Ragu “Fresh Italian” Pasta Sauce and Citrus Hill “Fresh Choice” Orange Juice.

Since that time, according to Sally Greenberg, Executive Director of NCL, “the marketplace has become littered once again with false and misleading labels for products, for example, tomato products that are reconstituted from industrial tomato concentrate, pretending to be ‘made from fresh tomatoes,’ ‘packed in season,’ or ‘packed from vine ripened tomatoes’.”

“The FDA guidance is unlawfully being ignored in the marketplace as evidenced by a proliferation of misleading claims by clever marketers,” added Greenberg. “Consumers are paying ‘fresh’ and ‘vine ripened’ prices for ‘from concentrate’ products.” The following are some examples of these misleading claims:

  • Hunt’s Tomato Sauce: “Packed full of premium, vine-ripened tomatoes.” This claim is reinforced with label vignettes of whole, vine-ripened tomatoes. In fact, the Hunt’s product is remanufactured from tomato concentrate. Hunt’s has substituted “vine-ripened” for “fresh” in its label claim to avoid FDA’s guidance.
  • Del Monte Cocktail Sauce: claims “made from California Vine-ripened tomatoes,” with a picture displayed under the claim. It is made from concentrate.
  • “Contadina picks the Freshest Tomatoes” is claimed on labels of Contadina Pizza Sauce, made from tomato concentrate and tap water.

In the letter to FDA, NCL asked that it issue a new guidance to industry setting forth the FDA’s enforcement policy regarding appropriate use of labeling claims that express or imply that a tomato product was packed or made from fresh tomatoes, and to enforce that policy rigorously. NCL also asked that all fruit and vegetable products reconstituted or remanufactured from concentrate be required to disclose this prominently on the label’s front panel. Greenberg stated, “Such a declaration would provide information that consumers need and want to make informed purchase decisions and would close out the clever word play.”

###

Canned tomato products not so ‘fresh’ after all – National Consumers League

/in /by

The National Consumers League has again called on the Food and Drug Administration to renew its efforts to prevent consumers from being misled by deceptive labeling of processed fruit and vegetable products – this time in the canned tomato products industry.

Nineteen years ago, NCL persuaded the FDA to take a firm stand on prohibiting the use of the term “fresh” on any fruit or vegetable product that is reconstituted or remanufactured from concentrate. At that time, NCL asked that the use of the term “made from concentrate” or “reconstituted” be placed prominently on the front label of these products. FDA issued policy guidance designed to prevent the continued labeling misrepresentation of these products and took action against Ragu “Fresh Italian” Pasta Sauce and Citrus Hill “Fresh Choice” Orange Juice.

Since that time, according to Sally Greenberg, Executive Director of NCL, “the marketplace has become littered once again with false and misleading labels for products, for example, tomato products that are reconstituted from industrial tomato concentrate, pretending to be ‘made from fresh tomatoes,’ ‘packed in season,’ or ‘packed from vine ripened tomatoes’.”

In a 2009 letter to FDA, NCL asked that it issue a new guidance to industry setting forth the FDA’s enforcement policy regarding appropriate use of labeling claims that express or imply that a tomato product was packed or made from fresh tomatoes, and to enforce that policy rigorously. NCL also asked that all fruit and vegetable products reconstituted or remanufactured from concentrate be required to disclose this prominently on the label’s front panel. Greenberg stated, “Such a declaration would provide information that consumers need and want to make informed purchase decisions and would close out the clever word play.”

In a new letter to the FDA this April, NCL urged the agency to warn the food industry that claims implying that products are made from fresh ingredients when they are actually made from concentrate are deceptive under federal law. NCL also reiterated its 2009 request that FDA require that all fruit and vegetable products remanufactured from concentrate state “From Concentrate” on the fronts of food packages.

Since NCL’s previous complaint to the FDA, the largest producer of tomato sauces, ConAgra Foods, has taken some corrective steps. The company’s Hunt’s brand removed the claim “Packed full of premium vine-ripened tomatoes” from its tomato sauce label, and the words “packed in season” were removed from the company’s Angela Mia Pizza Sauce label. Other misleading claims, however, remain. NCL has written ConAgra saying the company has “taken a step in the right direction” and urged further corrective actions.

Advocates are concerned that consumers are paying premium prices for products that imply they are made from fresh ingredients, but are really remanufactured from concentrate.

Products that NCL believes are still deceptively labeled include:

• Del Monte Seafood Cocktail Sauce that claims “Made from California Vine-ripened Tomatoes” on the front of the package when, in fact, it is made from concentrate (tomato paste and added water). An image of a vine-ripened tomato appears directly below the claim.

• Classico Tomato & Basil Pasta Sauce that states on the label “In colorful Naples, pasta sauces are pure and simple, with ripe, red tomatoes…” when the product is actually made from concentrate. The claim has been deleted from new “value size” 44 oz jars of the sauce, but still appears on the label of the smaller, 24-oz. product.

• Contadina Pizza Sauce and Contadina Puree that state “Contadina picks the Freshest Tomatoes,” and “Our vine-ripened Roma style tomatoes are grown to a rich red color before picking…” (a picture on the front label depicts vine-ripened tomatoes and a tomato field and the term “ROMA STYLE TOMATOES” appears on the front of the package below the Contadina brand name). The products, in fact, are made from concentrate.

Other products with misleading labels identified by NCL are Francesco Rinaldi Original Traditional Pasta Sauce and Gia Russa Tomato Puree.

“Companies making misleading claims should note that ConAgra, the industry leader, has changed some of its labels to ensure that their claims are honest and fair. We hope this sends a signal to other companies that taking corrective action is the smart thing to do given recent increases in regulatory scrutiny by federal and state authorities,” said Greenberg.

 

Happy Hand Washing Awareness Week! – National Consumers League

/in /by

It’s that time of year – the snow is falling, friends are calling, noses are running, and throats are aching.

YOU have the power to fight the germs and take control of your health by washing your hands.  What better a way to celebrate Hand Washing Awareness Week than to remind you of these few simple steps from the CDC:

With old-fashioned soap and water:

  • Wet your hands with clean running water and apply soap. Use warm water if it is available
  • Rub hands together to make a lather and scrub all surfaces
  • Continue rubbing hands for 15-20 seconds. Need a timer? Imagine singing “Happy Birthday” twice through to a friend
  • Rinse hands well under running water
  • Dry your hands using a paper towel or air dryer. If possible, use your paper towel to turn off the faucet
  • Always use soap and water if your hands are visibly dirty

With an alcohol-based hand sanitizer:

  • Apply product to the palm of one hand
  • Rub hands together
  • Rub the product over all surfaces of hands and fingers until hands are dry

‘Flu Facts for Expectant Moms’ gives straight talk on the H1N1 vaccine – National Consumers League

/in /by

December 8, 2009

Consumer advocate and Ob/Gyn team up to address questions and concerns

Contact: (202) 835-3323, media@nclnet.org

Washington, DC–Citing the special vulnerability of pregnant women to the H1N1 virus and persistent confusion over the risks, benefits, and availability of vaccines, a leading consumer advocate and a board-certified Obstetrician/Gynecologist have teamed up to get expectant moms quality information through a new digital Q&A called “Flu facts for expectant moms.”

“Our message to expectant moms is: Do what is best for you and your baby and get vaccinated as soon as possible,” said Sally Greenberg, executive director of the National Consumers League, a nonprofit advocacy group with strong expertise in medication information. “Perhaps more than any other group, pregnant women are desperate for practical and trustworthy information on how to protect themselves and their babies from what can be a devastating illness in high-risk populations.”

Recent reports show that up to 30 percent of pregnant women who are infected with the H1N1 flu virus require hospitalization, and of the H1N1-related deaths reported in the United States, 6 percent of them – a disproportionately high percentage – were pregnant women.

Annelise Swigert, M.D., a practicing Ob/Gyn and Fellow of the American College of Obstetricians and Gynecologists, answers questions posed by Greenberg in the digital Q&A’s, available at NCL’s Web site, www.nclnet.org. “Pregnant women are already highly concerned about their health, and when you introduce something as potentially frightening as a widespread flu outbreak—coupled with a limited supply of vaccine—it is easy to understand the heightened anxiety,” Swigert said. “In this situation, facts can often be the best prescription, and the fact is both expectant moms and new moms are doing the right thing by getting vaccinated.”

In the Q&A, Greenberg and Swigert tackle the issue of vaccine supply. Vaccine makers have produced the H1N1 vaccine in about half the time typically required for the seasonal flu vaccine and without using adjuvants, additives commonly used in Europe but not yet approved in the US to increase the vaccine supply. “Health officials believe enough H1N1 vaccine will be available by the end of the year to vaccinate all those who wish to receive it,” said Swigert. “For the most part, pregnant women and members of other high-risk groups have been able to get vaccinated, but those who haven’t yet shouldn’t hesitate to use their status to help them get priority.”

On the vexing challenge of getting vaccinated when supplies are limited, Swigert recommended that pregnant women start by contacting their Ob/Gyn. “Many obstetrical clinics have the vaccine available for their patients,” she said. “Your clinic can also help you find other resources for the vaccine if they don’t have it.” Pregnant women should also get the regular flu vaccine.

The Q&A will be distributed nationally to consumer groups, women’s and health organizations, and the news media. It is available directly to consumers on NCL’s Web site at nclnet.org.

###

Together We Can All Fight the Flu – National Consumers League

/in /by

The federal government has unveiled a new advertising campaign to encourage consumers to get vaccinated against the H1N1 virus. HHS Secretary Kathleen Sebelius announced yesterday that the U.S. Department of Health and Human Services (HHS) is joining with the Ad Council to launch a new nationwide public service advertising (PSA) campaign called “Together We Can All Fight the Flu” to encourage Americans to get vaccinated against the 2009 H1N1 flu virus.

Recent reports show that up to 30 percent of pregnant women who are infected with the H1N1 flu virus require hospitalization, and of the H1N1-related deaths reported in the United States, 6 percent of them – a disproportionately high percentage – were pregnant women.

“Getting vaccinated is the best way to protect yourself and your family against the H1N1 flu virus,” said Secretary Sebelius. “Fighting the flu is a shared responsibility, and it is up to all of us to help prevent the spread of the flu in your community. Right now, Americans have a window of opportunity to get vaccinated. These new PSAs will encourage pregnant women, children, young adults, and other priority groups to protect themselves by getting the H1N1 vaccine.”

To help spread the word, NCL’s Executive Director Sally Greenberg recently sat down with Dr. Annelise Swigert, M.D., a practicing Ob/Gyn and Fellow of the American College of Obstetricians and Gynecologists,for a digital Q&A about the H1N1 virus and vaccine for expectant mothers.

“Our message to expectant moms is: Do what is best for you and your baby and get vaccinated as soon as possible,” said Greenberg. “Perhaps more than any other group, pregnant women are desperate for practical and trustworthy information on how to protect themselves and their babies from what can be a devastating illness in high-risk populations.”

To read Sally Greenberg’s full conversation with Dr. Swigert, visit www.nclnet.org.

Prepaid Calling Cards Under Scrutiny – National Consumers League

/in /by

Earlier this week, NCL’s Executive Director Sally Greenberg testified before the United States House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce at a hearing on the Calling Card Consumer Protection Act (H.R. 3993), where she discussed the need for greater consumer protections in the purchase and use of prepaid calling cards. When Sally last appeared before the committee to discuss the issue, she equated the prepaid calling card marketplace with the “Wild West,” where unwary consumers too often fall victim to unscrupulous sellers and merchants. On Thursday, a year later, she said she is “sad to say that the situation for consumer remains more ‘Gunsmoke’ than ‘Little House on the Prairie.’”

Read Sally’s full testimony here.

NCL ED testifies before Congress on ‘wild west’ prepaid calling card industry – National Consumers League

/in /by

December 3, 2009

Testimony of Sally Greenberg, Executive Director of the National Consumers League before the United States House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce Hearing on Calling Card Consumer Protection Act (H.R. 3993)

Read the full testimony (.pdf)

Good morning, Mr. Chairman. My name is Sally Greenberg and I am Executive Director of the National Consumers League. I appreciate this opportunity to appear before the House Committee on Energy and Commerce to again discuss the need for greater consumer protections in the purchase and use of prepaid calling cards. When we last appeared before this committee to discuss the issue, we equated the prepaid calling card marketplace with the “Wild West,” where unwary consumers too often fall victim to unscrupulous sellers and merchants. A little over one year later, we are sad to say that the situation for consumer remains more “Gunsmoke” than “Little House on the Prairie.”

The National Consumers League, whose founding in 1899 makes us the oldest consumer organization in the United States, has a longstanding interest in protecting consumers from fraudulent practices and is the only consumer group that operates a national fraud center. (NCL’s Fraud Center is described at www.fraud.org).

I want to applaud members of this Committee for the scrutiny and attention you have given to the issue of prepaid calling cards and commend Congressman Engel for introducing H.R. 3993 the “Calling Card Consumer Protection Act.” Consumers rely on members of this committee to defend consumer rights and protections and to look out for consumer interests. In my testimony, I will address some of the facts and figures describing the magnitude of the prepaid calling card industry and the large amounts of money involved. I will also discuss the fraud and deceptive practices associated with that industry and actions taken at the state and federal levels in response to fraud. I’ll discuss why NCL supports H.R. 3993, and I’ll make some policy  recommendations.

Public interest groups call on Justice Department to block Ticketmaster/LiveNation/Comcast merger – National Consumers League

/in /by

December 2, 2009

Contact: (202) 835-3323, media@nclnet.org

Washington, D.C.- Five of the nation’s most prominent public interest groups, including the National Consumers League (NCL), the American Antitrust Institute, the Consumer Federation of America, Consumer Action, and Knowledge Ecology International today called on the Department of Justice (DOJ) to block the proposed merger by entertainment giants Ticketmaster and Live Nation. DOJ is currently reviewing the merger and is expected to make a decision in the next month.

“This merger would be a disaster for consumers. Nothing short of blocking this takeover of the ticket market by two industry behemoths will be acceptable,” said NCL Executive Director Sally Greenberg. “Spinning off a small part of Ticketmaster is no answer. Suggestions that Comcast — a company that is a master of unnecessary and exorbitant charges – entering into the merger negotiations will fix a bad deal are laughable and do nothing to ease the sting of a deal that is anti-competitive and anti-consumer on its face.”

“We all know the saying ‘if you can’t beat ‘em, join ‘em.’ That is exactly what Ticketmaster and Live Nation are attempting to do. Were this merger to be allowed to proceed, it would kill even the modicum of competition that currently exists between the two companies.” said Greenberg. “Time and time again Ticketmaster has shown it won’t accept any competitive players on its turf. By bringing in Comcast, Ticketmaster is simply pulling one more competitor off the field.”

As Bloomberg News recently reported, Comcast Spectacor owns multiple professional teams (including the Philadelphia Flyers and 76ers), controls the facilities where they play and their ticketing businesses. Comcast was also one of the investors in the company that sold the Paciolan ticketing software program to Ticketmaster in 2007.

“The new Department of Justice team is facing their first highly public antitrust test, one that consumers are watching with unusual intensity,” said Albert A. “Bert” Foer, President of the American Antitrust Institute. “The question is whether any conditional approval can benefit consumers as much as just saying ‘No.’ We are dubious that any divestitures will make this merger acceptable or will convince consumers that their interests are being protected.”

Ticketmaster first acquired the Paciolan ticketing software firm in 2007, prompting investigations from the Department of Justice. Prior to being bought out by Ticketmaster, Paciolan serviced a wide variety of ticketing clients, from universities to theaters to zoos, and is now poised to be returned to Comcast if reports of the divestiture requirements are true.

“This merger is an insult to both musicians and consumers,” said James Love, Director of Knowledge Ecology International. “It will lead to higher prices and less interesting music and art. The last thing we need is fewer corporate entities controlling more of our culture.”

“Consumers deserve a fair deal in the entertainment marketplace, not the fewer choices and higher prices that would result from this merger,” said Susan Grant, Director of Consumer Protection at Consumer Federation of America.

The groups went on to say that by including Comcast in the merger negotiations, Ticketmaster is simply transferring its power to a partner renowned for its market domination and exorbitant prices. “These companies are not popular with consumers,” said Linda Sherry, Director, National Priorities for Consumer Action. “Allowing this merger to proceed would make a bad market for consumers much, much worse. We strongly urge DOJ to block the merger without conditions.”

###

About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

About the American Antitrust Institute

The American Antitrust Institute is an independent non-profit education, research and advocacy organization. Since its formation in 1998, the AAI’s mission has been to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. To learn more about the AAI, please visit www.antitrustinstitute.org.

About Consumer Action

Consumer Action, founded in 1971, is a national non-profit consumer education organization headquartered in San Francisco with offices in Los Angeles and Washington, DC.  For more information, please visit www.consumer-action.org.

About the Consumer Federation of America

The Consumer Federation of America is a non-profit association of more than 280 groups that, since 1968, has sought to advance the consumer interest through advocacy and education.  For more information, please visit www.consumerfed.org.

About Knowledge Ecology International

Knowledge Ecology International is a non-profit public interest organization, supporting work carried out earlier by the Consumer Project on Technology (CPTech), an organization that has participated in a number of merger reviews, including those involving legal publishing, retail distribution, and media concentration and telecommunications regulation. www.keionline.org.