National Consumers League applauds U.S. Supreme Court decision on Friedrichs v. California Teachers Association – National Consumers League

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March 31, 2016

Contact: Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

The National Consumers League (NCL) applauds the outcome in the critically important public sector union dues case of Friedrichs v. California Teachers Association. The decision was handed down this week by the Supreme Court. The case was argued before the Court while the late Justice Antonin Scalia was still sitting, and his hostile questions signaled a sure vote against the unions. But this week the Court ended with a deadlocked 4 to 4 decision.

A ruling against the Califonia Teachers Association would have dealt public sector unions a severe blow, hampering their ability to collect fees from workers who chose not to join the union. These workers would benefit from the gains the union negotiations provide, but would have been allowed, had Friedrichs gone their way, to get out of paying dues. 

As NCL noted in an earlier statement, conservative foundations and business leaders orchestrated the effort to bring this case to a Supreme Court whose majority was–while Scalia was still sitting the Court–not favorable to unions. “This brass-knuckles campaign to weaken public sector unions is a decades-long strategy that came up short,” said Sally Greenberg, executive director of the League. “The 4-4 deadlock denied enemies of those unions that victory.”

When the case was argued in January, the Court’s conservative majority seemed ready to decide that forcing public workers to support unions they had declined to join violates the First Amendment. Justice Scalia’s death changed the balance of power in this case.

NCL appreciates the support expressed by four justices for the right of unions to collect dues from all workers who benefit from the fruits of collective bargaining. Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan all voted in support of unions and of employees paying their fair share. 

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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.

Dietary Guidelines annotated: Where do your calories come from? – National Consumers League

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ali.jpgWith the National Nutrition Month upon us and the release of the 2015-2020 Dietary Guidelines for Americans, now is a good time to take an updated look at the American diet.

CDC statistics provide signs that some Americans may be improving their habits when it comes to physical activity and diet. 49.5 percent of U.S. adults met the federal physical activity guidelines for aerobic activity in 2015, which is up from approximately 41 percent in 2007. In addition, the number of new diabetes cases in the U.S. has been on a steady decline since the diabetes rate spiked in 2008. Notwithstanding, the nation remains focused on healthy eating habits and being more conscious about what we put into our bodies.

Americans’ top sources of calories, according to a National Health and Nutrition Examination Survey (NHANES), are pizza, mixed dishes, calorically-sweetened beverages and sweets, and snacks, which include many tasty foods, such as cakes and cookies. The problem could be that some Americans are not aware of–or pay too little attention to–their calorie needs or are unaware of the calories contained in the foods they eat.

To help consumers become more diet-conscious, the Dietary Guidelines make five overarching recommendations on healthy eating patterns, including:

  1. Choose a healthy eating pattern at an appropriate calorie level (Appendix 2 provides estimated calorie needs, which range between 1,000 and 3,200 cal.) based on age, sex and physical activity);
  2. Focus on variety, nutrient density, and amount;
  3. Limit calories from added sugars and saturated fats and reduce sodium intake;
  4. Choose nutrient-dense foods and beverages across and within all food groups in place of less healthy choices;
  5. Support healthy eating patterns in multiple settings nationwide, from home to school to work.

With the aim of shifting to healthier foods, the Guidelines suggest an intake limit of 10 percent total calories per day from added sugars. Chocolate and candy lovers should take note, the Guidelines do not say no added sugars. The Guidelines appear to take an approach consistent with NCL’s longstanding diet motto: “everything in moderation.” A 10 percent limit on added sugars means that you can indulge your sweet tooth from time to time with your favorite treat, just not all the time.

Ten percent may sound like a reasonable level, but Americans average 13 percent or more calories from added sugars per day. Per the Guidelines, high fructose corn syrup-sweetened beverages is the first place to look for added sugars–beverages account for almost half (47 percent) of all added sugars consumed by the U.S. population. Be conscious of soft drinks, fruit drinks, sweetened coffee and tea, and flavored waters. To the surprise of many, candy contributes just six percent of added sugars in the average American diet, or about one teaspoon of sugar per day. Most Americans enjoy candy about twice per week, averaging less than 50 calories per day from confectionery items–according to the most recent NHANES data, that’s only 1.9 percent of total energy.

To reduce calorie intake from added sugars, the Dietary Guidelines provide practical suggestions, like choosing beverages with no added sugars (e.g. water), reducing portions of sugar-sweetened foods and beverages, and drinking these beverages less often. It should be noted that replacing added sugars with high-intensity sweeteners may reduce calorie intake in the short-term, yet questions remain about their effectiveness as a long-term weight management strategy.

So choose a healthy eating pattern at an appropriate calorie level, limit calories from added sugars, and choose nutrient rich foods.  But, also remember the Guidelines recognize that healthy eating patterns are “not a rigid prescription,” and should be adaptable so individuals can enjoy foods that meet their personal, cultural, and traditional preferences, including occasional treats.

In addition to moderation, NCL recommends watching portion sizes and looking at nutritional facts labels.  Food labels provide consumers with the amount of calories per serving and help us monitor and control caloric intake per the Guidelines. In fact, many food companies are responding to these needs by voluntarily putting nutritional information on the front of the label and developing new portion-controlled products. In addition to healthy eating, regular physical activity is one of the most important ways that Americans can stay healthy.

Have a happy and healthy National Nutrition Month.

All-new Fraud.org launched with special data breach education portal – National Consumers League

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March 29, 2016

Contact: Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The nation’s pioneering consumer advocacy organization, the National Consumers League (NCL) today unveiled an all-new Fraud.org, its consumer fraud education Web site. With an updated design, improved user experience, and a new consumer portal about understanding the current epidemic of data breaches, Fraud.org is a valuable new consumer education resource for consumers, media, and policymakers in Washington and beyond.

Since 1992, NCL has tracked trends in scams by collecting complaints from consumers—first via a toll-free hotline, and now at Fraud.org. The consumer group provides direct counseling to victims and relays reports daily to more than 90 law enforcement and consumer protection agencies in the United States and Canada, including the Federal Trade Commission, state Attorneys General, and police departments. For 20 years, Fraud.org has been one of the nation’s premier resources for consumers to learn about and report Internet and telemarketing scams.

“We are proud to debut the new and improved Fraud.org, an invaluable tool in the fight against fraud,” said Sally Greenberg, NCL executive director. “Because we track data as provided to us directly from consumers, Fraud.org is able to identify trends in emerging scams and deliver crucial information to consumer protection professionals and law enforcement to help them bring con artists to justice.”

“Stopping fraud is one of the most important ways that the FTC improves consumers’ lives. The FTC’s Consumer Sentinel complaint database is a critical tool in that fight, but its success relies on contributors like the National Consumers League,” said FTC Commissioner Maureen K. Ohlhausen. “NCL has greatly added to the FTC database’s volume and diversity and its new and improved Fraud.org no doubt will further strengthen our partnership in the ongoing fight against fraud.”

Fraud remains a widespread problem, costing Americans billions of dollars annually. The growing epidemic of data breaches plaguing American businesses and consumers prompted the watchdog group to enhance its resources for education and prevention. NCL also publishes a bi-weekly email newsletter, The #DataInsecurity Digest, focused on breach news, policy, and advocacy.

“Fraud.org’s new ‘Data Breach HQ’ is the culmination of years of work on our #DataInsecurity project. Until now, we’d been focused on keeping policymakers and advocates informed about the data breach epidemic and our call for improved security and regulations,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud. “With the new site’s special section on data breaches, we’ve brought need-to-know information to consumers—alerts about the latest breaches and their implications, information about how to avoid identity theft, and more.”

Through a complete overhaul of its design, the new Fraud.org will make it easier for consumers to find the information they need to avoid scams. In addition to the new data breach portal, the new site includes easy access to monthly fraud alerts identifying emerging scams, tips on identifying and avoiding common scams, and an improved form for reporting incidents of fraud.

“With new scams popping up every day, there is a greater need than ever for reliable information to help consumers spot the scams and avoid becoming a fraud victim statistic,” said Breyault. “We aim to make Fraud.org a go-to resource for consumers so they can find the information they need to avoid the daily onslaught of fraudulent tricks and traps.” 

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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.

NCL welcomes long-overdue OSHA silica rule – National Consumers League

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March 25, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC–The National Consumers League (NCL), the nation’s pioneering consumer and worker advocacy organization, is welcoming news that the U.S. Department of Labor will release a long-awaited and long-overdue standard on silica. The following statement may be attributed to NCL Executive Director Sally Greenberg, who testified before the U.S. Occupational Safety and Health Administration (OSHA) on the issue in 2014:

An estimated 2.2 million American workers are exposed to silica dust every year, with about 1.8 million of those working in construction. Exposure can lead to silicosis, as well as increased susceptibility to lung cancer, kidney disease, and autoimmune disorders.

The current silica standards, adopted more than 40 years ago, are badly outdated, and the new silica regulations would limit levels of dust exposure for workers and prevent an estimated 1,600 new cases of silicosis.

NCL commends the DOL staff and leadership for their steadfast work to bring this rule to fruition. 

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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 calls on Senate to add additional consumer protection provisions to FAA Reauthorization Act – National Consumers League

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March 21, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) today called on Congressional leaders to build on the bipartisan support for pro-consumer amendments to the Senate’s Federal Aviation Administration (FAA) Reauthorization Act as the bill moves toward a vote on the floor of the Senate.

Last week, thanks to the diligent work of Senators Blumenthal, Klobuchar, Markey, and Nelson, the Senate Commerce Committee passed a FAA Reauthorization Act that includes many pro-traveler provisions that address concerns consumers have voiced for years. Requirements including airlines refund baggage fees when luggage arrives late, increased fee disclosure rules, and improvements to the Department of Transportation (DOT) complaint process are all provisions of the bill that will improve the flying experience for millions of travelers. However, there remain many serious issues that need to be addressed as the bill moves toward a floor vote.

In particular, NCL urges the full Senate to improve the bill by passing pro-consumer amendments like Senator Markey’s FAIR Fees Act, which received bipartisan support to prohibit air carriers from imposing fees that are “not reasonable and proportional” to the costs incurred by the air carriers. The Senate should also approve Senator Schumer’s proposal to require the FAA to establish minimum seat and seat pitch size standards.

“Industry consolidation, cheap fuel, packed planes, and a never-ending list of fees have combined to drive airline industry profits to historic levels,” said Sally Greenberg, NCL executive director. “The Senate Commerce Committee took the first step, and now it’s time for the full Senate to step in and ensure that the industry’s profits are not coming at the expense of consumers’ safety and pocketbooks.”

The FAA Reauthorization Act is also an important opportunity for the Senate to act on NCL’s recommendations that additional consumer protections be mandated to protect the flying public including:

  • Mandating that all ancillary fee data be reported so that consumers can compare flights based on the true cost of flying, not just a deceptively low base fare;

  • Giving the Department of Transportation authority to regulate unfair and deceptive acts and practices in the market for travel insurance;

  • Requiring travel insurance loss ratios to be reported, as the Affordable Care Act requires of health insurance providers;

  • Tiering cancellation fees based on the proximity of the travel dates;

  • Allowing consumers to transfer their tickets to another traveler without incurring a fee; and,

  • Eliminating standby fees for missed flights.

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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 letter to FAA regarding reauthorization bill – National Consumers League

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March 16, 2016

The Honorable John Thune
Chairman
Committee on Commerce, Science, & Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science & Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

Dear Senators Thune and Nelson:

The American air travel industry has, in less than a decade, consolidated from nine national carriers to just four today. Between them, American, Delta, Southwest and United control 80% of the market for domestic air travel.[1] Consolidation, combined with cheap fuel, increasingly cramped cabins and a litany of fees, has enabled the airlines to post their highest profits on record — $14.1 billion for the Big Four airlines alone. The industry’s record profits are set to continue as far as the eye can see, and are estimated at $33 billion in 2016, according to the International Air Transport Association.

As the Commerce Committee considers S.2658, the Federal Aviation Administration Reauthorization Act of 2016, consumer organizations ask that you support measures to ensure that these profits are not coming at the expense of the wallets, care, and safety of the flying public. To achieve this, the undersigned organizations urge you and your colleagues to strengthen S.2658 by approving a number of consumer protection amendments.

Specifically, we ask that you support the following amendments:

  • Blumenthal_6 – The average American is today 20-30 pounds heavier and an inch taller that in 1960.[2] However, airlines have reduced average legroom from 35 inches in 1970 to 31 inches today. Average seat width has shrunk from 18 inches to 16 ½ inches in the same timeframe.[3]  There are also far more people occupying those shrinking seats. The average flight is now 85% full – an industry record.[4] This amendment would freeze further seat size reductions while the Department of Transportation (DOT) establishes minimum standards for safe seat size for egress and for passengers’ ability to move around and avoid such conditions as deep vein thrombosis, a condition associated with long airline flights.
  • Blumenthal_7 – The Federal Aviation Administration (FAA) hasn’t studied whether reductions in seat sizes have affected the ability of consumers, including people with disabilities, to evacuate safely in the event of an emergency. This amendment would require the FAA to conduct a review and update its regulations on emergency evacuations.
  • Blumenthal_10 – This amendment provides consumers with a private right of action against unfair and deceptive practices by an air carrier, foreign carrier, or ticket agent. This amendment would add much-needed enforcement resources, through a private right, against abuses of the flying public by airlines.
  • Blumenthal_11 – This amendment prevents air carriers from claiming that federal law preempts consumers and states from bringing claims under state consumer protection laws. This would strengthen the ability of consumers and state attorneys general to hold airlines accountable for abuses against the flying public.
  • Blumenthal_15 – In 2015, consumers spent an estimated $3.8 billion on baggage fees alone.[5] This amendment would require the Government Accountability Office to conduct a report on the effects of baggage fees on increased airport security costs and other economic disruptions.
  • Blumenthal_18 – This amendment would prohibit the use of electronic cigarettes on board an aircraft.
  • Blumenthal_29 – This amendment would extend the charter of the Advisory Committee on Aviation Consumer Protection until 2022, protecting a key venue for consumer concerns about the airline industry to be heard on the record.
  • Blumenthal_30 – The value of a robust consumer complaint database has been demonstrated by numerous federal agencies, including the National Highway Traffic Safety Administration, the Consumer Product Safety Administration and the Consumer Financial Protection Bureau. This amendment would require airlines to forward consumer complaints to the DOT and make those publicly available.
  • Blumenthal_34 – This amendment would require the DOT to examine airlines’ agreements to provide alternative flights on another airline in the event of a delayed or cancelled flight.
  • Blumenthal_35 – This amendment would empower the DOT to investigate unfair or deceptive practices in the offering- and coverage provided by –  flight cancellation insurance, an issue raised in a 2013 report on travel insurance.[6]
  • Blumenthal_37 – This amendment would require airlines to provide automatic refunds of baggage fees if a bag is delayed by more than 6 hours (12 hours for international flights) or damaged.
  • Blumenthal_40 – This amendment would prohibit air carriers from limiting access by consumers to information about schedules, fares and fees. This would do much to allow online ticketing agents and travel search engines to develop tools that can accurately show the true cost of flying, including fees.
  • Markey_20 – The airlines are seeing their profits surge largely because of a range of add-on fees that bear little relation to cost of the services provided.[7] This amendment, originally offered as a the Forbid Airlines from Imposing Ridiculous Fees Act of 2016 (FAIR Fees Act) by Senators Markey and Blumenthal, would prohibit air carriers from imposing ancillary fees that are not reasonable and proportional to the costs incurred by the air carriers.

U.S. airlines have long argued that competition, driven by industry deregulation, would provide a check on anti-consumer conduct in the industry. However, as the American airline industry has consolidated, competitive pressures have vanished, leaving consumers to bear the brunt of higher fees, less space and atrocious service. With complaints skyrocketing, consumers are telling Washington “enough is enough.”[8] S. 2658 is an important opportunity for Senators on this Committee to promote greater transparency and accountability on the part of the airlines. We urge you to support these important amendments.

Sincerely,

Sally Greenberg
Executive Director
National Consumers League

Linda Sherry
Director, National Priorities
Consumer Action

Susan Grant
Director of Consumer Protection and Privacy
Consumer Federation of America

George Slover
Senior Policy Counsel
Consumers Union

Ed Mierzwinski
Consumer Program Director
U.S. PIRG

CC: Members of the Senate Commerce Committee

 

[1] Mutzbaugh, Ben. “Era of airline merger mania comes to a close with last US Airways flight,” USA Today. October 16, 2015. Online: https://usat.ly/1OxPQll

[2] Remarks of Congressman Steve Cohen. “INTRODUCTION OF SEAT EGRESS IN AIR TRAVEL (SEAT) ACT,” Congressional Record. February 8, 2016.

[3] Elliott, Christopher. “Your airplane seat is going to keep shrinking,” Fortune. September 12, 2015. Online: https://fortune.com/2015/09/12/airline-seats-shrink/

[4] Bureau of Transportation Statistics T-100 Segment data. Online: https://www.transtats.bts.gov/Data_Elements.aspx?Data=5

[5] Bureau of Transportation Statistics. “Baggage Fees By Airline 2015,” December 15, 2015. Online: https://www.bts.gov/content/baggage-fees-airline-2015

[6] National Consumers League. “Air travel insurance big bucks, little protection,” Press release. September 2013. Online: https://nclnet.org/air_travel_insurance_big_bucks_little_protection

[7] Mutzabaugh, Benjamin. “Airlines collected record baggage fees in 2012,” USA Today. May 15, 2013. Online: https://www.usatoday.com/story/todayinthesky/2013/05/14/airlines-collected-record-baggage-fees-in-2012/2158983/ (“The airlines took in $159.5 billion in revenue last year and had expenses of $153.6 billion, according to the government. That 3.7% profit margin comes entirely from the baggage and change fees.”)

[8] Department of Transportation. “2015 Airline Consumer Complaints Up From Previous Year,” Press Release. February 18, 2016. Online: https://www.bts.gov/newsroom/2015-airline-consumer-complaints-previous-year

NCL calls on car services to ‘do the right thing’ and avoid gouging consumers during Metro shutdown – National Consumers League

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March 16, 2016

Contact: Carol McKay, (412) 945-3242, carolm@nclnet.org | Sally Greenberg, (202) 631-2301, sallyg@nclnet.org

Washington, DC—With this morning’s WMATA Metrorail service shutdown, the National Consumers League (NCL) is calling on car services including taxis and ride sharing services to do the right thing and abstain from fare-increase practices such as surge pricing or added surcharges. The following statement can be attributed to Sally Greenberg, executive director of the DC-based consumer group.

“Many Washington-area consumers are facing a difficult day today, and we urge companies to not further inconvenience consumers who have limited transportation options by charging exorbitant fees. Just like any other day, consumers will need to get to work, to doctors appointments, and to hospital visits, and many will have to scramble to find ways just to get their kids to school. Taxi and ride-sharing services perform a critical public service, especially in a time of crisis like today. We call on them to do the right thing: resist the temptation to take advantage of this unfortunate situation, cap rates, and ensure reasonable accessibility while Metro is out of service due to safety concerns.”

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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.

NCL: Identity theft complaints rise 47 percent in 2015, FTC report finds – National Consumers League

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March 2, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—New data from the Federal Trade Commission highlights the continuing threat of identity theft to millions of consumers. In its Consumer Sentinel Network Data Book, the Commission reported a 47 percent year on year increase in identity theft complaints. As it has been for the preceding 15 years, complaints about identity theft remain among the top scams consumers report to the Commission.

“Nearly half a million complaints sends a clear message: more needs to be done to protect consumers from identity fraud,” said National Consumers League Executive Director Sally Greenberg. “One of the key drivers of the identity theft threat is the continuing flow of consumers’ personal information to fraudsters thanks to the ongoing epidemic of data breaches. The FTC’s new data should be a clanging alarm bell to policymakers in Washington and beyond that an election year is an excuse to take their feet off the gas pedal when it comes to pushing for real data security reform.”

According to Javelin Strategy & Research, nearly 1 in 3 data breach victims will experience identity fraud.  As information on tens of millions of consumers affected by data breaches continues to fall in to the hands of cybercriminals, it is likely that millions more consumers will suffer from identity fraud.

Again this year, the Data Book identified tax and wage-related identity theft as a top source of identity theft complaints to the FTC. With the recent data breach at the Internal Revenue Service, it is very likely this type of fraud will continue to affect consumers this year. While there is no fool-proof way to prevent tax ID theft, NCL has published a step-by-step guide to spotting and recovering from this fraud.

For policymakers, the need for reform should be clear. Ensuring that companies collecting consumers’ data protect it is critical to bringing down rates of identity fraud. However, without leadership from Washington, businesses and other entities that amass vast troves of consumer data will have little incentive to put data security ahead of profits.

Unfortunately, real reforms to improve data security have languished in Congress while hackers and other cyber-crooks have had a field day at consumers’ expense.  That’s why NCL has called on policymakers to adopt NCL’s Congressional Data Security Agenda. The agenda calls for reforms that:

  • Create a national data breach notification standard, while protecting strong state laws like California’s;
  • Require data holders to abide by reasonable data security requirements;
  • Clarify and strengthen the FTC’s data security authority;
  • Promote robust cyber-insurance underwriting standards;
  • Increase federal civil and criminal penalties for malicious hacking; and
  • Strengthen international anti-cybercrime partnerships.

“We know that these nearly 500,000 identity theft complaints are likely just the tip of the iceberg. Far too many identity theft victims don’t report the crime, if they’re even aware of it,” said NCL Vice President of Public Policy, Telecommunications and Fraud John Breyault. “Consumers can take steps to mitigate their risk of identity theft, but they can’t prevent it entirely. That’s why we need leaders in Washington to help make sure that the companies that hold consumers’ data protect it to the greatest extent possible.”

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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.

NCL releases ‘11 surprising facts you didn’t know about caffeine’ – National Consumers League

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March 1, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—During March, which claims title to National Nutrition Month and Caffeine Awareness Month, the National Consumers League (NCL) is raising consumer awareness on the world’s most consumed “pick-me-up.” Caffeine is an especially appropriate topic given that the recently published 2015-2020 Dietary Guidelines for Americans includes recommendations on caffeine consumption. 

 “Caffeine consumption is widespread in the United States, with 85 percent of the population drinking at least one caffeinated beverage per day,” said Sally Greenberg, NCL’s executive director.  “Although most Americans have a daily caffeine ritual, many might not know about caffeine, including the latest recommendations from the official U.S. Dietary Guidelines for Americans.”

In the interest of informing American consumers and promoting moderation, NCL provides the following 11 things you likely did not know about caffeine:

1. The world’s top caffeine consuming nations include Sweden, Norway, Denmark, and the Netherlands.
2. Caffeine has been consumed by humans for thousands of years. It is reported that tea was first consumed in China as early as 3000 BC, and there is evidence of coffee consumption as early as the 9th Century in Ethiopia.
3. The principal dietary sources of caffeine remain largely unchanged, and the Dietary Guidelines confirm that most intake of caffeine in the United States continues to come from coffee, tea, and soda.
4. The recently released Dietary Guidelines conclude that moderate coffee consumption (up to 400 mg/day of caffeine) can be part of a healthy eating pattern. Moderate caffeine intake of up to 400 mg/day has also been found to be safe by Health Canada and the European Food Safety Authority.
5. On average, caffeine intake of American adults ranges from 110 mg/day (for women ages 19-30) up to 260 mg/day (for men ages 51-70) and U.S. dietary patterns indicate that caffeine intake has remained steady over the past decade.
6. The following are examples of how much you would have to consume to reach 400 mg of caffeine.

    • 16.6 servings of green tea (24 mg caffeine/8 fl. oz.)
    • 11.5 servings of brand cola (average 35 mg caffeine/12 fl. oz.)
    • 8.5 servings of black tea (47 mg caffeine/8 fl. oz.)
    • 5 servings of Red Bull energy drink (80 mg caffeine/8.4 fl. oz.)
    • 4.2 servings of regular brewed coffee (95 mg caffeine/8 fl. oz.)
    • 2.2 servings of coffee house coffee (180 mg caffeine/8 fl. oz.)
    • 2 servings of 5-Hour Energy (200 mg caffeine/2 fl. oz.)
    • 1 serving of 10-Hour Energy shot (422 mg caffeine/2 fl. oz.)

7. Some animals should not consume caffeine. Dogs, cats, and birds cannot metabolize caffeine, so don’t feed your pets chocolate or anything with caffeine!
8. Caffeine is sometimes found in surprising places like orange soda, lemonade, and enhanced water beverages.
9. Amounts of caffeine in “cold brewed” coffee can be astonishing. These products may contain as much as 2,160 mg of caffeine per 32 fl. oz. bottle (that’s the equivalent of about 23 cups of home brewed coffee, 62 cans of cola, or 45 cups of black tea!).
10. Caffeine is found naturally in over 60 plants, and it is also produced synthetically and added to some products including soft drinks and energy drinks. As the actual source of caffeine does not matter, the Dietary Guidelines treat caffeine holistically, focusing on the ingredient itself whether naturally-occurring, synthetic, or a combination of both—versus individual caffeinated products. 
11. The 2015-2020 Dietary Guidelines find strong and consistent evidence that moderate caffeine consumption in healthy adults is not associated with an increased risk of major chronic diseases (e.g., cancer, heart disease) or premature death. 

FDA currently requires food labels to disclose added caffeine as an ingredient, but the label is not required to provide the amount of caffeine. Consequently, very few products voluntarily list the total amount of caffeine they contain, although some companies, like Red Bull and Monster, and some soft drinks, provide this information voluntarily.  

“To be able to track of caffeine intake and use the 400 mg/day moderate level of intake as an upper limit guideline for recommended intake, consumers need to know how much caffeine is in the foods and beverages they consume,” said Greenberg. “To maximize transparency for consumers, NCL believes that all products containing caffeine should declare the amount of caffeine per serving—and per container—on the label.”   

Although there is wide use of caffeine, caffeine is not for everyone. The 2015-2020 Dietary Guidelines recommend that pregnant women, those who may become pregnant, and those who are breastfeeding should consult their health care providers for advice concerning caffeine consumption. Although the Guidelines are silent on other population groups, it is scientific consensus that everyone is different when it comes to caffeine. Children and teens should generally consume less caffeine due to their lower body weights (and parents should monitor). 

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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.

Get smart about caffeine – National Consumers League

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ali.jpgMarch is both Caffeine Awareness Month and National Nutrition Month, an appropriate time to take an updated look at the world’s most consumed “pick-me-up.” Caffeine consumption is widespread in the United States, with 85 percent of the population drinking at least one caffeinated beverage per day. This year, for the first time in its 35-year history, the official U.S. Dietary Guidelines for Americans includes findings and recommendations on caffeine.Here are relevant facts that many Americans might not know about caffeine, including the latest recommendations from the 2015-2020 Dietary Guidelines for Americans.

  1. Caffeine has been consumed by humans for thousands of years. It is reported that tea was first consumed in China as early as 3000 BC, and there is evidence of coffee consumption as early as the 9th century in Ethiopia. So, humanity has had a caffeine predilection for a long time. Caffeine is found naturally in over 60 plants including coffee beans, cocoa beans, tea leaves, kola nuts, yerba mate, and guarana. It is also produced synthetically and added to other products including soft drinks and energy drinks. However, there is no difference between the naturally occurring caffeine in plants and synthetic caffeine.
  2. Americans are not alone in their enjoyment of a cup of joe! Large parts of the world’s population consume caffeine in one form or another, every day. Countries that consume the most caffeine include places like Sweden, Norway, Denmark, and the Netherlands.
  3. There appears to be widespread agreement regarding the safety of a moderate daily intake level of caffeine for healthy adults of 400 milligrams (mg). The recently released Dietary Guidelines conclude that moderate coffee consumption (up to 400 mg/day of caffeine) can be part of a healthy diet. Health Canada and the European Food Safety Authority have also declared moderate caffeine intake of up to 400 mg/day safe.Graphics_-_CaffeineFacts_2.jpg
  4. The vast majority of Americans consume far less than 400 mg/day of caffeine.  According to the Dietary Guidelines, average intakes of caffeine among adults range from 110 mg/day (for women ages 19-30) up to 260 mg/day (for men ages 51-70).  Average intakes for children (5-32 mg/day) and teens (63-80 mg/day) are lower.
  5. Consumption has remained consistent. Despite concerns expressed by some about proliferation of caffeine in the food supply, U.S. dietary patterns indicate that caffeine intake has remained steady over the past decade.
  6. Most of our intake of caffeine in the United States continues to come from coffee, tea, and soda. This is consistent with a recent FDA-sponsored study that found between 70 and 90 percent of caffeine intake is from coffee and tea.
  7. Consuming 400 mg is probably harder than you think. The Dietary Guidelines confirm that caffeinated beverages can vary in caffeine content. So consumers should be aware of how much caffeine is in commonly consumed beverages. To assist, the following examples illustrate how much you would have to drink to reach 400 mg of caffeine.
    • 16.6 servings of green tea (24 mg caffeine/8 fl. oz.)
    • 11.5 servings of brand cola (average 35 mg caffeine/8 fl. oz.)
    • 8.5 servings of black tea (47 mg caffeine/8 fl. oz.)
    • 5 servings of Red Bull energy drink (80 mg caffeine/8.4 fl. oz.)
    • 4.2 servings of regular brewed coffee (95.2 mg caffeine/8 fl. oz.)
    • 2.2 servings of coffee house coffee (180mg caffeine/8 fl. oz.)
    • 2 servings of 5-Hour Energy (200 mg caffeine/2 fl. oz.)
    • 1 serving of 10-Hour Energy shot (422 mg caffeine/2 fl. oz.)
  8. Surprise! The darker the coffee roast, the less caffeine it has.  For tea, it’s the opposite: the darker the tea, the higher the caffeine content.
  9. Caffeine is one of the most thoroughly studied substances in the human diet. Over time, scientists have scrutinized, studied, and dissected caffeine; it has been surveyed, assessed and analyzed by chemists, toxicologists, and statisticians; and importantly, the effects of caffeine have been examined, discussed, and experienced first-hand by the billions of people that consume coffee, tea, chocolate, cola, or energy drinks on a daily basis. While it has been suspected of various harmful effects, for the most part, it has been exonerated. The 2015-2020 Dietary Guidelines finds strong and consistent evidence that moderate caffeine consumption in healthy adults is not associated with an increased risk of major chronic diseases (e.g., cancer, heart disease) or premature death.
  10. Caffeine isn’t for everyone. There are some people who should limit their caffeine intake.  The Dietary Guidelines recommend that pregnant women, those who may become pregnant, and those who are breastfeeding should consult their health care providers for advice concerning caffeine consumption. Although the Guidelines are silent on other populations, everyone is different when it comes to caffeine. Children and teens should generally consume less caffeine due to weight concerns (and parents should monitor). Health Canada, for example, recommends specific ranges for different age groups. In addition, those who are especially sensitive to caffeine may want to limit their intake, and while caffeine is great to help get your morning started, it shouldn’t be used as a replacement for sleep.
  11. Some animals should not consume caffeine. Dogs, cats, and birds cannot metabolize caffeine, so don’t feed your pets chocolate or anything with caffeine!
  12. Cold brewed coffee products are gaining popularity. Given the extended steeping time during manufacture and processing, these products tend to have higher caffeine concentrations. An example of this is Chameleon Cold Brew, which contains a huge 2,160 mg of caffeine per 32 fl. oz. bottle. While the product label recommends consuming this as eight servings, it is still an excessive amount of caffeine to have in one container, and amounts to 270 mg per serving.
  13. Caffeine is sometimes found in surprising places like orange soda, lemonade, and enhanced water beverages.
  14. Caffeine is caffeine. The Dietary Guidelines treat caffeine holistically, focusing on the ingredient itself, whether naturally occurring, synthetic, or a combination of both–versus individual caffeinated products.  We agree with this approach.  Caffeine is the same, regardless of the food or beverage.

We believe that all products containing caffeine should declare the amount of caffeine per serving–and per container–on the label. To be able to track caffeine intake, using the 400 mg/day moderate level of intake as a maximum for recommended intake, consumers need to know how much caffeine is in the foods and beverages they consume. But, that can be an issue, particularly for products like energy shots and the new wave of highly caffeinated cold brew coffee products.

FDA currently requires food labels to disclose added caffeine as an ingredient, but the label is not required to provide the amount of caffeine. Very few products voluntarily list the amount of caffeine they contain, although some companies, like Red Bull and Monster, and some soft drinks, provide this information voluntarily. Because caffeine is not a nutrient, it is not listed in the Nutrition Facts label. But, would it be so hard to provide caffeine content elsewhere on the information panel?

As in all things, a little common sense goes a long way and sensitivity levels can vary from person to person. We likely all know someone who can drink an espresso after dinner and still fall asleep, while other friends may not be able to drink a Diet Coke in the afternoon without it affecting their sleep quality. Let your individual sensitivity to caffeine be your guide.

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National Nutrition Month is an annual initiative led by the Academy of Nutrition and Dietetics.
DISCLOSURE: while researching facts for this blog, approximately 220 mg of caffeine (3 cappuccinos) was consumed.