Work in tobacco harvest tops advocacy group’s annual worst teen jobs list – National Consumers League

May 28, 2015

Contact: Carol McKay, NCL, 412-945-3242 or 724-799-5392, carolm@nclnet.org

Washington, DC – As millions of American teens begin their summer jobs this week, the nation’s pioneering consumer and worker advocacy organization is warning young workers and their parents to exercise caution when it comes to seasonal work. The National Consumers League (NCL) has issued its annual report on the worst jobs for teens, with work in agriculture topping the list. The organization is also reminding parents and teens that—while jobs provide many benefits—some workplaces present dangers for inexperienced teen workers even in the United States, where a teen is hurt on the job every 9 minutes. In a typical year, a child dies in the United States nearly every 14 days at work.

In the Five Most Dangerous Jobs for Teens 2015, NCL names the five worst jobs and provides practical advice for staying safe.

NCL’s Five Most Dangerous Jobs for Teens in 2015 are: (full report PDF here)

  • Tobacco Harvester
  • Agriculture: Harvesting Crops and Using Machinery
  • Traveling Youth Sales Crews
  • Construction and Height Work
  • Outside Helper: Landscaping, Grounds keeping and Lawn Service

The five jobs share above average risk of injury or fatality rates and/or present a work environment that is dangerous.

“The 2012 withdrawal of proposed federal safety protections for children who work in agriculture means that children are continuing to do hazardous work in agriculture from ages 12 to 16, when they are protected by child labor laws from doing hazardous work in other industries,” said Reid Maki, NCL’s director of child labor advocacy. “For that reason, we’ve reserved two slots on our “five most dangerous jobs” for children working in agriculture: child tobacco harvesters and children who harvest fruits and vegetables or work with farm machinery.”

“A 12-year-old child cannot legally smoke cigarettes, but they can work in 100-degree heat in tobacco fields while they are subjected to nicotine poisoning and dangerous pesticides,” said Sally Greenberg, NCL executive director. “It’s outrageous, and it’s something we are working hard to fix through our work on the Child Labor Coalition, which NCL founded and co-chairs.”

“The National Consumers League issues our Five Most Dangerous Jobs for Teens report to remind teens and their parents to choose summer jobs wisely,” said Maki. “We want teens to have a safe and productive work experience. The report provides valuable tips and suggestions to ensure that parents can help children protect themselves on the job and help teens be proactive about their own safety.”

Tips for teen workers

NCL’s Five Most Dangerous Jobs for Teens report aims to empower teens to ask for needed safety training and say “no” when dangerous tasks are requested. NCL wants youth workers to say “no” to jobs that involve:

  • door-to-door sales, especially out of the youth’s neighborhood;
  • long-distance traveling away from parental supervision;
  • extensive driving or being driven;
  • driving forklifts, tractors, and other potentially dangerous vehicles;
  • the use of dangerous machinery;
  • the use of chemicals;
  • working in grain storage facilities; and
  • work on ladders or work that involves heights where there is a risk of falling.

To learn more about the Five Most Dangerous Jobs, visit www.nclnet.org. To read the full report, click here (PDF).

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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.

National Consumers League Statement on AdultFriendFinder.com Data Breach – National Consumers League

May 22, 2015

Contact: Carol McKay, NCL, 412-945-3242, carolm@nclnet.org

Washington, DC — The National Consumers League is warning current and former users of the adult dating website AdultFriendFinder.com to beware of blackmail attempts and phishing attacks resulting from a data breach that reportedly affected nearly 4 million accounts.

The following statement is attributable to John Breyault, NCL Vice President of Public Policy, Telecommunications and Fraud:

“The breach at AdultFriendFinder has reportedly compromised extremely sensitive data on nearly four million users, including sexual orientation, desire to engage in extramarital affairs and employer information. Email addresses, usernames, dates of birth, zip codes and IP addresses were also reportedly compromised. This type of information getting into the wrong hands could easily lead to blackmail attempts as well as sophisticated phishing attacks.”

“Congress should take note of the impact that a breach of this type of sensitive information is likely to have on victims. Numerous data breach notification bills pending in Congress contain a narrowly defined ‘harm trigger’ that rely on the likelihood of financial harm to prompt notification. What the AdultFriendFinder breach makes clear is that breached data can result in serious harm to affected consumers, even if the compromised information is not financial in nature. It is for this reason that NCL continues to oppose bills, such as Rep. Blackburn’s Data Security and Breach Notification Act of 2015 that contain harm triggers.”

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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.

Group warns consumers about car rental taxes for upcoming holiday weekend – National Consumers League

May 22, 2015

Contact: Carol McKay, NCL, 412-945-3242, carolm@nclnet.org

Washington, DC—With the Memorial Day holiday looming, the nation’s pioneering consumer advocacy organization, the National Consumers League (NCL), is warning consumers about excess taxes and fees that may be tacked on to their car rental bills this weekend. According to the League, car rental taxes have skyrocketed in recent years, growing 8 times since 1990. Today, 43 states and the District of Columbia place a tax on car rentals, and 118 rental car taxes are enforced.

This holiday weekend, according to AAA, an estimated 37.2 million Americans will travel 50 miles or more from their homes—a nearly 5 percent increase from the 35.5 million people who traveled last year and the highest travel volume for the holiday in 10 years. Of those, 33 million travelers will be driving to their destinations. With gas prices remaining relatively flat recently, this year’s Memorial Day gas prices are well under last year’s.

“With so many consumers renting cars for their travel this weekend, we wanted to warn them to be on the lookout for the taxes they may not have expected to pay, and to dispel some of the myths about who is affected by these taxes,” said NCL Executive Director Sally Greenberg. “There are a lot of misconceptions about who rents cars and is therefore footing the bill for the local projects the taxes fund. Many believe that the majority of car renters are tourists or businesses from out of state, making these taxes seem okay, but actually one in two car renters are local residents, and bear the brunt of these costs.”

Half of all cars are rented by in-state residents. The majority of self-paying car rental customers do not own cars and typically have low incomes; households earning a median household salary of less than $50,000 a year pay 31 percent of all home-city car rental taxes.

Where the taxes go is often another source of misconception, said Greenberg. “Revenue from these taxes rarely, if ever, goes to build roads, hospitals, schools, or libraries. Instead, they go to build stadiums, art museums, and convention centers—none of which are critical to the infrastructure of the community.”

In fact, said Greenberg, nearly half of all existing or proposed car rental taxes are earmarked for non-essential projects. NCL is a member of CART, a broad coalition of concerned organizations raising awareness of the dangers of an increasing reliance on car rental excise taxes.

For more tips, visit www.nclnet.org

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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.

National Consumers League honors student leaders from Jefferson City, MO; Chillicothe, MO; and Brookville, IN – National Consumers League

May 22, 2015

Contact: National Consumers League’s Carol McKay, (412) 945-3242, carolm@nclnet.org

Washington, DC—Today the National Consumers League (NCL) has announced awards to students in two states for their involvement in a community service and leadership initiative, made possible through its consumer literacy program, LifeSmarts (lifesmarts.org). The students were awarded $750 academic scholarships for their winning entries based on their experiences serving as Safety Smart® Ambassadors, a partnership between LifeSmarts and UL that pairs high school students with elementary classrooms to teach lessons about health, safety, and the environment.

The students being honored are:

  • Luke Dyer, Blair Oaks High School, Jefferson City, MO
  • Ashley Forck, Blair Oaks High School, Jefferson City, MO
  • Alexis Knouse, Grand River Technical School, Chillicothe, MO
  • Ashlie Raible, Franklin County High School, Brookville, IN

In the 2014-15 program year, 300 LifeSmarts students became Safety Smart Ambassadors. Working as teams, high school students made more than 200 interactive, 30-minute presentations, sharing empowering, educational safety messages with 3,500 younger children throughout their communities. LifeSmarts is a national program that competitively tests high school students’ knowledge of consumer awareness, with subjects including personal finance, health and safety, consumer rights and responsibility, technology, and the environment.

“We are so proud of our students who participated in the Safety Smart Ambassador program and the positive impact they made on their communities, and especially these four stand-outs,” said LifeSmarts Program Director Lisa Hertzberg. “We truly appreciate this partnership with UL. It has been extremely gratifying to see LifeSmarts students embrace the Safety Smart Ambassador program, provide education and mentoring to younger children, and learn about themselves in the process.”

In addition to adding the service-learning Safety Smart Ambassador program to LifeSmarts, the partnership has given the LifeSmarts program access to the vast knowledge base of UL and provided resources for LifeSmarts to expand its content on science and the environment and create new resources and challenges for competitors.

For more information, please visit www.LifeSmarts.org

2015 Safety Smart Ambassador award winners – in their own words 

Having the opportunity to work with these kids was a great experience. I definitely enjoyed teaching them and seeing them try new things. Seeing their facial expressions when they would eat new fruits and vegetables was memorable! Also, the bonds we built with those students in just a short amount of time were impressive. They felt they made a new friend and could connect with us. Having the influence of being a student ambassador was inspiring to all the high school students in my business class who participated. – Alexis Knouse

This project was a learning experience all around! We received very good reviews from the students and teachers and were encouraged by their enjoyment of the program. – Luke Dyer 

I thoroughly enjoyed getting to do the Safety Smart videos with the elementary school students.  It was amazing to see how involved they were getting, how closely they were paying attention, and how enthused they were about applying the information they learned into their own lives. – Ashlie Raible

Safety Smart was a great opportunity for our FCCLA club, the community, the elementary school, and me. Everyone learned so many life abilities that will help him or her be successful in the future. Thank you so much for giving me the great opportunity to spread the message about being Safety Smart; it has given me an overwhelming opportunity to fine-tune and learn new skills that I will use for the rest of my life. – Ashley Forck

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About LifeSmarts and the National Consumers League

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. LifeSmarts educational resources are available online throughout the year at www.LifeSmarts.org. Competition begins again in September. For more information, visit: www.lifesmarts.org, email lifesmarts@nclnet.org or call the National Consumers League’s communications department at 202-835-3323.

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.

How many straws until the camel’s back is broken on data breaches? – National Consumers League

John BreyaultAnother day, another data breach. The data breach roulette wheel this times landed on health insurer CareFirst. Who loses? The 1.1 million consumers whose names, birth dates, email addresses and CareFirst subscriber ID numbers are now in the hands of cyber crooks.

First things, first, what’s the risk to consumers? The mostly likely effect is that consumer affected by the breach may be on the receiving end of convincing-looking phishing emails. These attacks are designed to trick consumers into clicking on links or attachments that install malware or send users to phishing websites. The phishing emails (and possible telephone calls) are likely to reference CareFirst in some way, and may even masquerade as notifications about the breach itself.

Bottom line: If you are a CareFirst customer, the first place you should be going to get reliable information about the breach and what CareFirst is doing about it is www.carefirstanswers.com. The website has been set up by CareFirst to give affected customers up-to-date information about the breach and what steps they can take to mitigate their risk, including taking advantage of free credit monitoring and identity theft protection CareFirst is offering via Experian.

With that out of the way, there are a number of key questions that regulators, legislators and advocates should be asking in the coming days and weeks.

First, why are health insurers being targeted? CareFirst is the third major health insurer to disclose a breach in the past six months. There are troubling signs that the breaches at Anthem in February, Premera in March and now CareFirst are part of a coordinated attack on U.S. health insurers, possibly by state-sponsored hackers. Regardless of the origin of the hack, it’s clear that medical information is especially lucrative for thieves. According to cybersecurity experts, stolen medical info is worth 10-20 times more than stolen credit or debit card data goes on the cyber black market. With 2.3 million Americans falling victim to medical identity theft in 2014, it’s not hard to see why medical information presents such an attractive target to cybercriminals

Second, why did it take 10 months to notify consumers? According to CareFirst, the intrusion into their network was first detected in June 2014 and “immediate action” was taken to contain the threat. However, it was not until April 2015 that the company discovered that the crooks had exfiltrated their systems with stolen data. With nearly 10 months lead time, cybercrooks had ample time to create mischief with the stolen data before CareFirst notified consumers. Why did it take so long to find out that data was actually lost?

Finally, would more stringent data security standards or data breach notification laws have reduced the risk of this breach? There is no way to make a system 100% safe from hacking. However, far too many companies only invest significant resources in protecting their customers’ data after a hack, not before. This leaves millions of consumers at risk of breach-fueled fraud as companies elect to invest elsewhere while they wait for a hack to force them to spend on data security. What kind of incentives and/or penalties should Congress and Executive Branch consider to shift the cost/benefit equation for companies towards spending on data protection before a breach? NCL’s 2015 Data Security Agenda is a good roadmap for policymakers looking for consumer-friendly answers to these important questions.

The CareFirst breach is yet another straw on the pile of reasons why consumers can’t wait on businesses to take care of the data security problem on their own. It’s time for leaders in Washington to step up and pass real data security reform before the next straw breaks the camel’s — and our — backs. In the meantime, here are tips consumers can use to reduce the risk of identity theft.

NCL warns consumers to beware of phishing attacks in wake of CareFirst Breach, offers tips for spotting and recovering from breach-related fraud – National Consumers League

May 20, 2015

Contact: Carol McKay, NCL, 412-945-3242, carolm@nclnet.org

Washington, DC – The National Consumers League (NCL), America’s pioneering consumer advocacy organization, is warning consumers to be on the lookout for phishing attacks in the wake of a data breach at health insurance provider CareFirst affecting 1.1 million consumers. The following statement is attributable to John Breyault, NCL vice president of public policy, telecommunications and fraud: 

“More than a million consumers have been put at heightened risk of fraud due to the data breach at CareFirst. While the breach does not appear to have compromised sensitive information, such as Social Security Numbers, passwords, or medical information, cyber crooks are no doubt busy using the information they did collect to craft convincing-looking phishing emails. These emails, which could include the CareFirst logo and look just like the real thing, may contain links or attachments that install malware or direct consumers to websites designed to steal Social Security Numbers, passwords, and other information that can be used to commit identity theft or other kinds of fraud.

“Once again, we are reminded of the consequences of lax data security at a major health insurance provider. Any investigation of CareFirst’s data security practices should examine what factors enabled this breach to take place and what steps CareFirst and other insurers can take to make their systems more secure. For example, given the known vulnerabilities of the username/password combination and the attractiveness of health care data to cybercriminals, would stronger security techniques like multi-factor authentication have prevented the breach? If the network intrusion was detected in June 2014, as the company has stated, how did the exfiltration of consumer data go unnoticed for nearly a year? Given the spate of data breaches at health insurance providers like Anthem, Primera and now CareFirst, what should Congress, the FTC and other regulators do to ensure that health insurers place a premium of robust data security?”

Tips for CareFirst customers to avoid breach-related fraud

  • CareFirst customers should beware of phishing emails that may seek to trick them in to clicking on suspicious links or attachments. These emails can look very convincing and may reference the CareFirst breach in some way. Clicking on the links or opening an attachment contained in the email can install malware that may be used to obtain additional sensitive personal information such as bank account or credit card numbers, usernames and passwords. CareFirst customers should be aware that the company will contact them via U.S. mail to notify them about further information related to the breach. More information is available from CareFirst at https://carefirstanswers.com/home.html.
  • Monitor your credit report and dispute suspicious activity that may occur after inadvertently clicking on a link or opening an attachment in a suspected phishing email. Consumers can download a free copy of their credit report from each of the three major credit-reporting bureaus (Experian, TransUnion and Equifax) at www.annualcreditreport.com.
  • If you suspect identity fraud has occurred, it is important to act quickly. Call one of the three credit reporting bureaus and request an initial fraud alert. This will place alerts on your report at all three credit-reporting bureaus. Once the alert is in place, the credit reporting bureaus will contact you when someone attempts to open credit in your name.
  • If you confirm that you have been a victim of identity fraud, contact the Federal Trade Commission to create and Identity Theft Affidavit. This affidavit can be used to file a police report with your local police department. Together, these two documents form an Identity Theft Report, which is crucial to beginning the process of recovering from identity fraud. More information on spotting, reporting and recovering from identity fraud is available at Consumer.gov. The FTC also has a useful consumer checklist that includes information and required documentation for creating the Identity Theft Affidavit and police report available online.
  • Do not reply to suspicious emails, as this may lead to additional social engineering attacks. Instead, the safest course of action is to simply delete the email. Consumers can also forward them to the United States Computer Emergency Readiness Team at phishing-report@us-cert.gov.
  • While the initial reports state that no passwords were compromised in the CareFirst breach, cyber thieves may attempt to test common passwords against accounts associated with your email address, including email services, ecommerce, banking and other accounts. Do not use the same username and password combination across multiple accounts. If stronger security measures such as multi-factor authentication are offered, enable them.

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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.

Consumer group finds 6 out of 11 extra virgin olive oil products mislabeled; calls for stricter oversight – National Consumers League

May 19, 2015

Contact: Carol McKay, NCL, 412-945-3242, carolm@nclnet.org
Paul Miller, Australian Olive Association, +61 41-285-4974, hortempm@bigpond.com
Mary Flynn, Brown University, 401-793-4707, Mary_Flynn@brown.edu

Washington, DC— The National Consumers League (NCL) has released the testing results of national brands of extra virgin olive oil (EVOO) products, finding that – of 11 products sampled – six failed to meet EVOO standards when evaluated by a highly accredited Australian lab. In early January of this year, the consumer group purchased 11 different varieties of olive oil, all labeled extra virgin, from four major Washington area retailers (Whole Foods Market, Trader Joe’s, Safeway, and Giant). Of those 11 products, six failed to meet International Olive Council (IOC) standards required to be considered extra virgin quality; only five were found to be true extra virgin olive oils.

“One of NCL’s priorities is to assess whether the food in our supermarkets are accurately labeled,” said Sally Greenberg, NCL’s executive director. “The results of our olive oil testing reveal that, while consumers are buying and paying extra for olive oil labeled EVOO, too much of the olive oil bought off the shelf isn’t the real deal. It’s mislabeled, or it’s been degraded over the course of the shipping and storage process. When that happens, consumers are paying top dollar for that EVOO label without getting the enhanced health and taste benefits.”

Olive oils are classified based on their chemistry, flavor profile, and presence of defects, and are labeled (from best quality to worst quality) extra virgin, virgin, ordinary, and lampante. An olive oil found to have any defects cannot be classified as “extra virgin.” At the other end of the spectrum, lampante is a classification that the U.S. Department of Agriculture, along with other standard-setting authorities, uses to indicate that the oil is not fit for human consumption.

Shortly after purchase in January, NCL shipped the samples to the Australian Oil Research Laboratory (AORL), one of the world’s leading testing facilities accredited by the IOC and the American Oil Chemists’ Society. NCL commissioned AORL to comprehensively analyze the oils with a variety of tests, including sensory assessment (also known as the organoleptic assessment) in order to identify flavor profiles and defects in the oils.

The following five products were found to have no flavor defects and to be classified as extra virgin:

  • California Olive Ranch “Extra Virgin Olive Oil”
  • Colavita “Extra Virgin Olive Oil”
  • Lucini “Premium Select Extra Virgin Olive Oil”
  • Trader Joe’s “ Extra Virgin California Estate Olive Oil”
  • Trader Joe’s “100% Italian Organic Extra Virgin Olive Oil”

Some of the brands purchased were available at multiple retailers, while others were sold under the retailer’s private label. Bottles were selected from the back of lower shelves to ensure they were not damaged by exposure to natural or artificial lighting.

“Based on my review of the data, both the organoleptic (sensory or taste testing) and chemical tests support the same conclusion, that only five of the 11 [products] samples tested were ‘extra virgin’ as represented on the label,” said Richard Cantrill, chief science officer and technical director of the American Oil Chemists’ Society (AOCS), a global network of oil scientists considered the leading fats and oils association in the world. “The testing authority for these NCL samples—Australian Oil Research Laboratories—holds full accreditation for both the sensory and chemical methods employed, and those methodologies are scientifically valid and referenced in different olive oil standards throughout the world.”

Several other authoritative sources have tested EVOO in the last several years and made similar findings. July 2010 the UC Davis Olive Center issued a report showing that 69 percent of imported olive oils labeled as “extra virgin” failed the IOC sensory standard – in other words, these oils were defective and failed to meet the international standard for extra virgin olive oil. In September 2012, Consumer Reports published results of its testing of EVOO-labeled samples and found only 9 of 23 met the EVOO standards. One piece of good news is that all the samples NCL tested were found to be 100 percent olive oil, and none were cut with refined oil or seed oil, which is a form of EVOO fraud. Several of the brands that failed to meet EVOO standards in NCL’s testing also failed when tested by these other entitles.

“Based on my experience and observations, I believe there is widespread mislabeling of extra virgin olive oil,” said Paul Miller, president of the Australian Olive Association. “In many cases, the packers of EVOO products may knowingly distribute older oils that may have been extra virgin at one point, but stand little chance of remaining extra virgin by the time the oil hits the grocery store shelves. In the worst cases the oil was probably nowhere near extra virgin quality when it was packed. The ‘best by’ dates can be inaccurate, leaving consumers with oil mislabeled as ‘extra virgin’ that is of poor quality, is not fresh or flavorful and lacks all the positive health effects of true extra virgin olive oil. In countries where the law on the books is enforced, such as Italy, Canada, Australia, and Germany, these problems are significantly reduced, but the United States currently is not one of those countries.”

American consumers often seek out extra virgin olive oil because of its health benefits. Research also indicates that oleocanthal, one of the phenolic compounds found in extra virgin olive oil, may offer disease-fighting properties.

“Extra virgin olive oils contain compounds called polyphenols, which are responsible for many of their purported health benefits. In general, the fresher the olive oil, the higher the polyphenol content,” said Mary Flynn, a leading olive oil researcher at Brown University. “As the oil ages or is exposed to heat, light or oxygen, the polyphenol content decreases. A number of studies have shown that extra virgin olive oils with higher polyphenol content are associated with greater health benefits. Oil classified as ‘ordinary,’ also known simply as ‘olive oil’ grades have virtually none of these benefits. ‘Lampante’ is Italian for ‘lamp oil,’ and is not fit for human consumption.”

“When consumers buy bottles labeled “extra virgin olive oil,” they expect that they will fully receive positive health effects and superior flavor. Our testing shows otherwise,” said NCL’s Greenberg. “More than half of the oils we tested off the shelf were inaccurately labeled.”

Some states are enacting stricter olive oil labeling and grading standards. California recently approved rules that include more precise requirements for testing for adulteration. While California’s stricter standards are welcome, the state supplies only 2 percent of America’s total olive oils.

“The U.S. needs stricter oversight and enforcement of EVOO labeling and standards,” said Greenberg. “Because neither the FDA nor the USDA has done effective spot testing and enforcement, consumers are left with little protection in this market. Retailers and the producers they buy from need to commit to cleaning up the market in America. If Italy, Canada, Australia, and Germany can work to clean up their EVOO industry, so can we. Consumers need to know that when they see ‘extra virgin olive oil’ on the product, they are actually getting what they paid for.”

“We have informed the six companies whose oils failed the tests for EVOO of the results and have declined to publish their names to give them an opportunity to address the situation that their oils are not reaching consumer shelves as represented, extra virgin, and to clean up their supply chains and/or manufacturing practices to meet standards applicable in the United States.  If an oil is labeled as extra virgin on a US retail shelf, it should test as extra virgin under U.S. standards in off-the-shelf testing,” said Greenberg. “We will consider, in the next year, retesting the products, using the same consumer-experience-simulation methodology, and we hope and expect to see these results improve in the next round of testing.”

Advice for consumers

For consumers, buying extra virgin olive oil with confidence in the United States is a challenge, according to Greenberg. “With the present lack of off-the-shelf testing and enforcement of US standards, it is difficult for consumers to know the real from the not so extra virgin.  Choosing brands that consistently pass testing is a good start.”

According to NCL, consumers should:

  • Check for “best by” dates, or – even better – harvest dates.
  • Avoid buying oils in clear glass bottles or from the top shelf, which could be more likely to be degraded. But, warned the NCL, even that is not foolproof, and buying oil in tins or dark bottles does not mean that there is extra virgin oil in there.
  • Remember that the USDA Organic label is also no indication of authenticity, and the fact that an oil is from Italy or another producing country is likewise not a good indicator. 

About NCL’s work in food mislabeling and fraud

NCL has long worked to combat food fraud throughout the organization’s 115-year history. For example, at the 1904 World’s Fair, NCL exhibited green beans that were dyed green. NCL’s more recent work investigating food labeling has included testing bottles labeled “100% real lemon juice” which proved to be far short of 100% lemon juice. Most recently, NCL brought lawsuits against several bakeries and national restaurant chains for using misleading labeling on their products that would lead reasonable consumers to believe they had a greater whole grain content than they in fact did.

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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.

Olive oil mislabeling: Are consumers catching on? – National Consumers League

The food marketplace has come a long way in the past century. Before Upton Sinclair wrote “The Jungle,” consumers used to unknowingly eat rats and human body parts in their ground beef. Today, consumers assume they can walk into a grocery store and buy that is both safe and properly labeled. But this assumption is frequently wrong–NCL recently discovered that to be the case with many brands of “extra virgin olive oil.”

The National Consumers League has advocated for consumer rights since 1899, long before Sinclair’s famous novel, exposing green beans dyed green at the 1904 World’s Fair. In the past decade, the League has investigated the term “fresh” used on canned tomatoes, tested bottles labeled “100% real lemon juice” which proved to be far short of 100% lemon juice and brought lawsuits against several bakeries and national restaurant chains for using misleading labeling, suggesting their white bread products were whole grain. With word of rampant olive oil mislabeling on the rise, as reflected in another book, Tom Mueller’s Extra Virginity: The Sublime and Scandalous World of Olive Oil, NCL staff decided to go shopping and investigate what exactly a consumer might get when he or she takes home “extra virgin” olive oil.

NCL purchased 11 different varieties of olive oil, all labeled extra virgin, each bought in January 2015, from four major Washington, DC area retailers (Whole Foods Market, Trader Joe’s, Safeway, and Giant). One bottle of each product was tested, so this was not meant to be a “study” or a “buyer’s guide,” but rather off-the-shelf testing as to what a consumer might buy within a year. This was an independent sampling, which NCL paid out-of-pocket, that included a battery of chemical and sensory tests that are not inexpensive. Bottles were selected from the back of lower shelves to ensure they were not damaged by exposure to natural or artificial lighting. U.S. and European brands and oils were tested, including private label oils. NCL did not test all brands that a consumer might buy.

Of the 11 products tested, six failed to meet extra virgin olive oil standards as set by the International Olive Council (IOC).  Five were found to be extra virgin olive oils. These are:

  • California Olive Ranch “Extra Virgin Olive Oil” – Classified as extra virgin.
  • Colavita “Extra Virgin Olive Oil” – Classified as extra virgin.
  • Trader Joe’s “ Extra Virgin California Estate Olive Oil” – Classified as extra virgin.
  • Trader Joe’s “100% Italian Organic Extra Virgin Olive Oil” – Classified as extra virgin.
  • Lucini “Premium Select Extra Virgin Olive Oil” – Classified as extra virgin.

The testing NCL commissioned was conducted by the Australian Olive Research Laboratory. There are no laboratories in the United States fully accredited by IOC for chemical and sensory testing, so the bottles were shipped overseas to the fully accredited laboratory in Australia.

Although NCL’s sampling set of brands differed, the findings from our testing appeared to be similar to those from testing conducted by Consumer Reports and UC Davis where more than 50% approximately in some way failed to meet “extra virgin” standards. Many of the companies that failed NCL’s testing have had products fail other authenticity tests, so why haven’t they cleaned up their products, or haven’t taken steps to ensure that the oil labeled as “extra virgin” reaches consumers’ hands as extra virgin? Several brands in all of this testing were able to do so.

Failing to make the cut

Mislabeled olive oil can have many explanations. First, producers may be bottling olive oil that was never extra virgin to begin with and attempting to pass it off as extra virgin. This result could be the product of using refined olive oil (made with heat or chemicals that can’t be used to make extra virgin), old oils or oils made from rotten olives, or even mixing in seed oils. Extra virgin olive oil is actually a “fruit juice” without defects of older or rancid oils, meaning that to be extra virgin it needs to be freshly squeezed quickly after harvesting from good olives. Even the best extra virgin will degrade and become rancid over time or by exposure to light or extreme heat. The U.S. has voluntary standards for classifying olive oil and virtually no governmental authenticity testing, making it a prime target for producers to pass off their poorer oils in the US.

The second explanation is perhaps that producers are careless or worse about setting “best by” dates, establishing these dates for far longer than the actual life of the extra virgin oil, or the oil doesn’t hold up to the time it takes for shipping and retail shelf life before it reaches the consumers’ hands. Some producers who have failed other extra virgin olive oil testing have stood up for their product and corrected the problems that lead to consumers purchasing mislabeled oils. Other producers have ignored testing, fail results or have blamed “transit issues,” and continue to provide consumers with mislabeled product. The producer’s name is on the bottle, it should ultimately be the producer’s responsibility to make sure that the oil is correctly labeled extra virgin, and has a good chance of reaching the consumers’ hands in that condition. Some producers seem able to achieve this result, so what is stopping others from doing the same?

In addition to conducting testing of 11 bottles of olive oil, NCL intends to file a consumer complaint to FDA, urging the agency to take action on what appears to be rampant olive oil mislabeling in the US. The FDA itself issued a qualified health claim stating that olive oil offers important health benefits when used to replace foods high in saturated fat as long as overall calories are not increased. Health benefits like these are found mainly in the extra virgin grade. Consumers are deprived of these benefits for which they pay a premium when they purchase mislabeled extra virgin olive oil.

Call for tougher regulations

While NCL applauds the producers of the brands whose oils tested as extra virgin off the shelf, something must be done to hold olive oil companies accountable. For starters, the United States could adopt mandatory federal labeling, grading and testing standards and methodologies. California could be a model for this, where it recently approved for its larger producers more stringent testing parameters and methodologies than current standards often employed. While California’s stricter standards are welcome, it supplies only about 2 percent of America’s total olive oil needs. Federal standards similar to those which California enacted would be the first step in guaranteeing that consumers are getting what they pay for when it comes to olive oil.

What can consumers do?

For consumers, buying extra virgin olive oil with confidence in the United States is a challenge. With the present lack of off-the-shelf testing and enforcement of US standards, it is difficult for consumers to know the real from the not so extra virgin.

According to NCL, consumers should:

  • Choose brands that consistently pass testing. Research prior testing and articles on authenticity, determine which producers are transparent in their processing, and judge for themselves which oils work well with their food and cooking and which don’t.
  • Check for “best by” dates, or – even better – harvest dates.
  • Avoid buying oils in clear glass bottles or from the top shelf, which could be more likely to be degraded. But, warned the NCL, even that is not foolproof, and buying oil in tins or dark bottles does not mean that there is extra virgin oil in there.
  • Remember that the USDA Organic label is also no indication of authenticity, and the fact that an oil is from Italy or another producing country is likewise not a good indicator.

Retailers, particularly the larger retailers, could educate themselves about the latest authenticity issues and the proper testing that can detect mislabeled oil and institute their own testing protocols. If the appropriate tests are employed, producers and suppliers will have a strong incentive to rectify the problems that several tests, including NCL’s, have brought to light.

NCL statement applauding CA legislation to ban vaccine personal exemptions – National Consumers League

May 15, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington, DC—On the heels of a California Senate move to ban the personal belief exemptions for vaccinations, the National Consumers League has issued the following statement, which may be attributed to Executive Director Sally Greenberg: 

“We applaud the leadership in California, where too many people had been choosing to go without vaccines based on personal belief – or, in many cases, misinformation – and where an outbreak of measles at Disneyland last December sickened 136 people. The science has been proven time and again. Vaccines are safe and effective—in individuals and for the greater community—and only those with health reasons should be exempted.

“Our own research has shown that Americans are confused about vaccines, and understandably so. For over a generation, we have lived virtually free from many of these diseases due to the effectiveness of the vaccines that have stamped them out. We have lost perspective on how deadly they can be. Now, we are dealing with a group of Americans who don’t appreciate the severity of these illnesses, are exercising personal choice to abstain from vaccinating, and are enabling these deadly diseases to start to infiltrate our communities once again. California is taking a step in the right direction by sending a very clear message about how narrow the exceptions should be in order to keep us safe as a community.”

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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.

Statement on Bostick v. Herbalife settlement – National Consumers League

May 15, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington, DC–The following statement can be attributed to National Consumers League Executive Director Sally Greenberg:

While yesterday’s decision is another reminder that Herbalife faces serious scrutiny of its business operations, the National Consumers League (NCL) is disappointed that the Court has approved an inadequate settlement in the case of Dana Bostick v. Herbalife International of America Inc et al.. We remain concerned about the allegations against Herbalife and if true, this settlement is woefully inadequate. Among other things the company was not required to make any substantive changes to its structure and will be able to continue to promote and operate the potentially deceptive business practices identified in the complaint. 

Additionally, the monetary relief that this settlement provides leaves the vast majority of the 1.55 million class members with vastly inadequate compensation. 
 
As an organization that advocates on behalf of consumers affected by consumer fraud, including pyramid schemes, particularly those that may be disguised as multi-level marketing businesses, NCL was the first consumer organization to call on the Federal Trade Commission to look into whether Herbalife is a sophisticated pyramid scheme or a legitimate MLM. We believe this investigation is critical  to protecting consumers hurt by frauds and fraudulent companies, and urge the FTC to continue looking into this and other companies to determine whether they are engaged in legitimate business practices or are illegal pyramid schemes.

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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.