What’s the real cost of a banana?

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow
When we buy a product at our local grocery store, we sometimes do not think of how the product was sourced or what it took to get it to our shopping cart. One such commonly consumed product are bananas. With more than a billion eaten yearly, it’s one of the top five fruits consumed worldwide. Let us ask the question, “what is the real cost of a banana?” by diving deeper into the banana industry and, specifically, its exploitation of child labor.

According to the International Labor Organization, child labor is defined as “work that deprives children of their childhood, their potential and dignity, and that is harmful to physical and mental development.” Globally, 152 million children are trapped in child labor, highlighting the extent of the problem. The banana industry is just one of many industries using child labor. The two regions that are the largest producers of bananas are Asia and Latin America.

According to the U.S. Department of Labor’s 2017 Findings of the Worst Forms of Child Labor, 57 percent of child laborers in Brazil were working in agriculture, with high concentration in the North and the Northeast regions. In Brazil, the Government of Brazil’s Household Survey estimated that 2,936 children under the age of 14 were involved in cultivating bananas in 2015. When Oxfam New Zealand interviewed households in banana plantation towns in the Philippines, they found that 22.5 percent reported having a child working.

Banana plantation laborers in the Philippines may be hired by middlemen who deploy them to different plantations or farms owned by corporate growers, Oxfam New Zealand found. On these banana plantations, child laborers are assigned to bagging and stripping of banana leaves. These growers then sell bananas to major global brands such as Dole, Chiquita, or Del Monte.

The U.S. imported over $2.8 billion in bananas which is 17.6 percent of total imported bananas in 2019 according to World Top Exports. As consumers, we have the power to demand that companies create non-exploitative, fair trade, and child labor free products. Consumers need to take a stance against products made with child labor, which would put pressure on companies to implement fair and ethical policies governed by accountability measures. It is an indisputable truth that how you spend your money can literally affect the lives of millions around the world.

As consumers in a country with dominant economic power, it is imperative for us to learn about the origins of the products we use. We all must do our part. One way to start is to download an app called Sweat & Toil—created by the U.S. Department of Labor—which lets you:

  1. check countries’ efforts to eliminate child labor;
  2. find child labor data;
  3. browse goods produced with child labor or forced labor;
  4. review local and international laws and ratifications; and
  5. see what governments can do to end child labor.

The other way consumers can make more responsible decisions is by visiting the Equal Exchange online and via social media. In 1986, Equal Exchange became a pioneer in fair trade coffee by paying mutually agreed upon prices with a guaranteed minimum to small-scale coffee farmers. And in 2006, it began working towards applying this model to bananas. Equal Exchange bananas are grown at three small farmer cooperatives in Ecuador and Peru. Through democratically organized co-ops, farmers leverage collective resources and obtain access to global markets, maintaining agency over their businesses, land, and livelihoods. Consumers can request these bananas from their local grocery stores.

The banana industry continues to engage in unfair labor practices, subject workers to dangerous working conditions, and perpetuate global inequalities. Let us be informed consumers and take action to stop child labor by supporting certified, fair trade organic bananas.

Advice to get rid of that debt monkey on your back

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Michelle Singletary award-winning Washington Post columnist discusses how consumers can manage debt and…

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NCL statement on the passing of Ruth Bader Ginsburg

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Sept. 21, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) joins the nation in mourning the death of Supreme Court Justice Ruth Bader Ginsburg. Justice Ginsburg’s pioneering career as an attorney fighting gender discrimination in the 1960s and 70s, challenging norms about what women in the workplace “could or could not do,” and as a U.S. Supreme Court Justice serves as an example to Americans. In her 27 years on the Court, Justice Ginsburg championed the rights of women’s reproductive freedom, the right to form a union, and to be protected from marketplace abuses and promoted affirmative action, environmental regulations, and reasonable restrictions on guns.

Dubbed “the Notorious RBG,” the Justice became an icon for young women across America as a small-in-stature but a towering voice for rights and protections for women and People of Color. She worked out daily with a personal trainer, lifting weights and stretching; she fought off five bouts of cancer.

Though she was the mother of feminist jurisprudence, she was not a rigid ideologue. During a mock court case of the 1908 Muller vs. Oregon event at the Supreme Court, over which she presided, Ginsburg noted that the litigants in the 100-year-old case—including NCL’s Florence Kelley and Boston lawyer Louis Brandeis—who argued that laws saying women could not be forced to work more than 60 hours a week were not sexist. Having the law apply to only women was their “entering wedge” and the only opportunity to set maximum hours laws, Justice Ginsburg noted. Men went on to gain the same protections during the next decade.

Justice Ginsburg could be seen welcoming visitors to the Court and was especially gracious to those being sworn into the Supreme Court bar, an honor available to any lawyer in good standing who has a Supreme Court bar member to introduce them at special sessions held Court.

The National Consumers League is deeply saddened by the loss of such a powerful force on the Supreme Court of the United States. Her sense of justice and her influence on the Court won’t easily be replicated.

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About the National Consumers League (NCL)

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.

Vitaminwater making bold claims

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Since its founding in 1899, NCL has been on the look-out for product claims that may be deceptive or misleading. So when we came across a few advertisements about vitaminwater recently, we were shocked to see that the company that manufactures vitaminwater, Glaceau (a Coca-Cola company), is suggesting that its products can keep you healthy or pre-empt the need for flu shots!

In a formal complaint filed with the Federal Trade Commission in February 2011, NCL is pointing to print and television advertisements that suggest vitaminwater can replace flu shots or prevent illness and prey on consumers’ health concerns to sell a high-calorie product:

“These advertising claims are not only untrue; they constitute a public health menace. Stopping these vitaminwater claims, which contradict information by the Centers for Disease Control and other public health authorities, should be a top FTC priority,” stated Sally Greenberg, Executive Director of NCL.

The NCL complaint also urged the FTC to halt deceptive label statements for vitaminwater that describe the product as:

According to NCL, the statements are deceptive because the products on which they appear are not simply made from vitamins and water, but are made with crystalline fructose or other forms of sugar, and contain 125 calories per bottle.

“Two-thirds of Americans are overweight or obese; the last thing people need is sugar water with vitamins you could get from eating a healthy diet, or by taking a vitamin pill, Greenberg stated.

The FTC should act now, during cold and flu season, to stop vitaminwater’s outlandish claims,” she said.

Read NCL’s letter to the FTC here, or tell vitaminwater what you think of its ads here.

NCL concerned Congress seeks to approve unreviewed CDB products

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Sept. 17, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—On September 4, lawmakers introduced The Hemp and Hemp-derived CBD Consumer Protection and Market Stabilization Act of 2020 (HR 8179), which directs the U.S. Food and Drug Administration (FDA) to make hemp and hemp-derived CBD lawful as a dietary ingredient or dietary supplement. The National Consumers League (NCL) has long been concerned about the public health and safety risks posed by unapproved cannabis-derived products. NCL does not support legislation that seeks to bypass FDA’s authority and circumvent the scientific rigor of an FDA review.

Under current law, manufacturers and distributers of CBD products can already petition the FDA to review and approve a new ingredient for use as a dietary supplement (21 U.S.C. 350b). For FDA approval as a dietary supplement or new ingredient, manufacturers and distributors are required to submit scientific data, including any published studies, to provide a basis to conclude that a product is generally regarded as safe (GRAS). Unfortunately, there is a disconcerting lack of research and data about the safety of CBD products already in the market, whereby millions of consumers are using to self-treat serious and life-threatening ailments.

In response to the proliferation of unreviewed and untested CBD products in the market, NCL launched the Consumers for Safe CBD program to provide greater education to consumers about CBD. As demonstrated in a white paper published by NCL, cannabis companies tend to focus their research efforts on inexpensive, low-strength studies that are ultimately used for marketing purposes, not to enhance scientific knowledge or bring new proven therapies to patients. HR 1879 would further incentivize CBD manufacturers to forego the more rigorous and costly clinical trial process for developing an FDA-approved medicine.

NCL is concerned that CBD manufacturers and distributers making claims to treat certain medical issues will seek expedited approval of CBD products as a dietary supplement, instead of as a drug. Lawmakers should encourage the development of cannabis-based medicines that have undergone the rigor of randomized controlled clinical trials to learn more about how cannabis-derived therapies can both help and harm patients. This legislation seeks to fast-track the classification of CBD products as dietary supplements or ingredients without sufficient scientific data on their safety and efficacy, potentially placing consumers further at risk.

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About the National Consumers League (NCL)

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.

Not so sweet: Child labor in banana production

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By Child Labor Coalition intern Ellie Murphy

Americans eat a lot of bananas. The U.S. is the world’s biggest importer of bananas, eating between 28 and 30 bananas per person per year. Worldwide, bananas are the most popular fruit with 100 billion consumed annually. The fruit is nutritious and cheap. Prices generally fluctuate between 30 cents and $1.00 per banana. It’s a great deal for the consumer, but someone is paying a heavy price to produce bananas: exploited farmworkers, including many children.
Stagnating banana prices have put the squeeze on farmers, leading some planters to hire the cheapest workers—children. The work is hard, often dangerous, and not fit for children. Yet they toil in the fields to help their impoverished families.

Countries that use child labor to produce bananas include Ecuador, Belize, Brazil, Nicaragua, and the Philippines, according to the U.S. Department of Labor’s (USDOL) List of Goods Produced by Child Labor or Forced Labor.

Poverty is the main driver of child labor, but children in the developing world face barriers to accessing education that can push them to farm work. Besides the cost of school, uniforms, and books, there are also some countries that don’t have enough schools, classrooms, or teachers. And transportation problems can impact children’s ability to attend school.

Child labor in the banana sector poses significant challenges to children’s health and overall well-being. Child workers employed at these plantations are often forced to handle sharp tools like machetes, carry heavy loads, and face exposure to agrochemicals like pesticides and fungicides without protective clothing or gear. Dizziness, nausea, and negative long-term health conditions can result in child workers, and because child workers often live on banana plantations, escaping these health hazards is nearly impossible.

Let’s take a closer look at Ecuador, the world’s top exporter of bananas.

A Human Rights Watch (HRW) report released in April 2002 found widespread labor and human rights abuses on Ecuadorian banana plantations. Children as young as eight were found performing hazardous work. “The use of harmful child labor is widespread in Ecuador’s banana sector,” concluded HRW. Report authors interviewed 45 child banana workers and found that 41 began working between eight and 13 with most starting at age 10 or 11. “Their average workday lasted twelve hours, and fewer than 40 percent of the children were still in school by the time they turned fourteen,” noted HRW. According to USDOL, almost half of indigenous children in rural areas do not attend school, “which can make them more vulnerable to child labor.

“In the course of their work, [child banana workers] were exposed to toxic pesticides, used sharp knives and machetes, hauled heavy loads of bananas, drank unsanitary water, and some were sexually harassed,” noted HRW.

Roughly 90 percent of the children HRW interviewed reported that they “continued working while toxic fungicides were sprayed from airplanes flying overhead. In an attempt to avoid harmful chemicals, children interviewed about their experience stated that they used various methods to avoid toxic chemicals: “hiding under banana leaves, bowing their heads, covering their faces with their shirts, covering their noses and mouths with their hands, and placing banana cartons on their heads.”

About one in 20 Ecuadorian children in the 5-14 age group work—and four in five of these child workers toil on farms, according to data from USDOL released in its 2019 Findings on the Worst Forms of Child Labor (2019) report.

Clearly, child labor laws in Ecuador are not being adequately enforced. Alarmingly, according to the USDOL, funding for Ecuador’s labor inspectorate fell dramatically from $1.5 million in 2017 to $265,398 in 2018. During that time the number of inspectors increased from 150 to 249. There is no explanation provided for these conflicting numbers but USDOL did note there were fiscal pressures on the Ecuadorian government.

The 2002 HRW report cited many causes of child labor, including discrimination against unionized adult workers who earn higher wages. As a result, many workers who unionize are fired and replaced with children who earn around $3.50 per day, 60 percent of the minimum wage for banana farmers. “Ecuadorian law fails to protect effectively the right to freedom of association, and employers take advantage of the weak law and even weaker enforcement to impede worker organizing,” noted HRW.

Since the 2002 HRW report, Ecuador has raised the minimum age of employment to 15, banned children from hazardous work, and raised fines for employers hiring children.

In its 2019 child labor Findings report, USDOL noted that “in 2018, Ecuador made a significant advancement in efforts to eliminate the worst forms of child labor.” One change involved better protecting unionized employees against discrimination so that children are not targeted for cheap labor. Ecuador has also created more social programs for children susceptible to child labor, including the “Lifetime Plan” that provides conditional cash transfers to vulnerable children from birth.

Despite the positive ranking for Ecuador, child labor in the banana sector continues to be prevalent in Ecuador.  Poverty and limited law enforcement make child labor an unfortunate reality for families.

Banana exporting companies often fail to address adequately child labor and hazardous working conditions in their supply chains. The big players –Dole, Del Monte, and Chiquita Fyffes—need to do more if we are to end child labor in banana production. Dole claims to prohibit child labor stating that “[it prohibits] any people younger than 18 from being hired or employed in any form.” Yet, child labor in the sector flourishes in at least five of the major exporting countries, according to USDOL.

In its Findings report, USDOL makes a number of recommendations to help reduce child labor in Ecuador, including a call for a new national child labor survey, added funding to hire more labor inspectors, and social programs in rural farm areas and informal sectors. USDOL also suggests “removing school-related fees, increasing classroom space, and providing adequate transportation.” These modifications will specifically help children living in rural areas such as migrant children and indigenous children stay in school.

Concerted efforts by the Ecuadorian government and multinational banana exporters are needed if child labor is to be reduced.

Consumers have a part to play in the solution as well. The Food Empowerment Project advises consumers to buy bananas produced with less exploitation. They recommend buying from Equal Exchange. Bananas from small farmer-owned cooperatives are available in some parts of the United States. Look for bananas from Coliman, Earth University, and Organics Unlimited/Grow. “If your grocery stores do not carry these brands of bananas, we encourage you to ask them to,” says the Food Empowerment Project.

Consumers should make their voices heard: the sweetest banana is a child-labor-free banana.

Ellie Murphy is a rising junior at Tufts University, majoring in International Relations and Sociology.

LifeSmarts consumer literacy program launches 2020-21 season with new online learning, scholarship, and community service opportunities for teens

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September 14, 2020

Millions of student leaders have gained real-world knowledge through the program’s quarter-century of education and competition

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—Today marks the official launch of the 2020-2021 season of LifeSmarts, a national scholarship competition and educational program for middle-school and high-school students that tests knowledge of real-life consumer issues and is helping to create a future generation of consumer-savvy adults. A new season of LifeSmarts goes live online at LifeSmarts.org today. LifeSmarts is a program of the National Consumers League, the nation’s pioneering consumer advocacy watchdog.

“We are very excited to launch this season of LifeSmarts,” said Program Director Lisa Hertzberg. “For more than a quarter century, LifeSmarts has given students the skills they need to succeed as adults. We’ve seen more than 1.5 million students gain knowledge, confidence, leadership capabilities, and team-building skills. The competition is fun, and the impact of LifeSmarts is life-long.”

Education certainly looks different across the country this year, and LifeSmarts has tools to help. “No matter what modality schools are using, LifeSmarts has resources for educators and parents to use during this unique time,” said Hertzberg. “Developing smart and successful citizens, workers, and consumers is always our mission, and we’re here to help students and educators meet the challenges imposed by COVID-19.”

LifeSmarts focuses on five main content areas:

  • consumer rights and responsibilities
  • personal finance
  • technology
  • health and safety
  • and the environment

Each year, LifeSmarts competitors answer more than 3.5 million consumer questions about credit reports, recycling, nutrition, social media, state lemon laws, and everything in between. Students are quizzed on their knowledge of these subject areas during online competition. Top-performing teams then advance to statewide competitions, and state champion teams as well as several wildcard teams advance to the national championship held each year in a different American city.

The 2021 National LifeSmarts Championship is scheduled to take place in Cincinnati, Ohio, April 21-24, 2021.  LifeSmarts will host State Champion and Wild Card teams from both the 2019-2020 and 2020-2021 program years, celebrating winning students in a first-ever double competition. If COVID-19 makes that impossible, NCL will host a virtual event. Winning team members receive scholarships and other prizes.

In addition to online, state, and national competitions, LifeSmarts recognition and awards occur throughout the program year:

  • Teams of students vie for cash prizes in the online TeamSmarts quiz, which focuses on a specific LifeSmarts content area each month from September through February.
  • Classroom mentor program: Five $1,000 scholarships are awarded each winter to winning LifeSmarts students who become LifeSmarts OTC Medicine Safety Mentors to educate younger students and community members about medicine safety. LifeSmarts thanks Johnson & Johnson for underwriting this important community service project.
  • Partnering with FBLA (Future Business Leaders of America), 4-H, and FCCLA (Family, Career, and Community Leaders of America), LifeSmarts complements these organizations’ projects, judging events, competitive events, and activities. LifeSmarts offers special opportunities for members of these student leadership organizations.

LifeSmarts is active in all states and the District of Columbia, where NCL is headquartered.

“We are proud of the impact LifeSmarts has made in its 26 years of educating teens, and we are excited to continue to grow the LifeSmarts program, to educate students about financial literacy, and to create a new generation of savvy, market-ready consumers and workers,” said NCL Executive Director Sally Greenberg. “Too often traditional high school curriculum fails to teach students vital information that will be crucial once students go to college, get their first job, or move out of their parents’ house.”

In addition to hosting the official LifeSmarts competition, LifeSmarts.org provides resources for educators to supplement existing lesson plans. These include daily quizzes, educational videos, social media competitions, focused study guides, and scholarship opportunities. LifeSmarts lessons closely align with courses taught in family and consumer sciences, business, technology, health, and vocational education. Math and English teachers have also had success with LifeSmarts, as have homeschool and community educators.

Additional major LifeSmarts contributors include: AARP, American Express, Intuit, Melaleuca, Underwriters Laboratories, and WSECU, along with a number of state and local sponsors.

Visit LifeSmarts.org for more information.

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About LifeSmarts

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: 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.

Mail-in and absentee voting during COVID-19

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By NCL Executive Assistant Adrienne Archer

The National Consumers League (NCL) wants consumers to know that voting by mail or absentee ballot during the COVID-19 pandemic is safe. Due to conflicting information being shared by the media, and federal, state and local governments, it can be difficult to determine how best to vote. During the COVID-19 pandemic, a voter should always focus on keeping themselves and their family safe and healthy. Whether voting by mail-in or absentee ballot, it’s important to have a plan. However, due to the variety of challenges posed by the pandemic, it might be difficult to keep up with the changes or updates to a state’s voting guidelines. Voters should contact their local elections office.

Many states and the District of Columbia have made it easier to vote early by mail or by absentee ballot. In the past, voters needed a reason why they couldn’t vote in person. National Conference of State Legislators (NCSL) has resources for on state laws governing voting across the U.S. To know exactly when to vote in your state, contact your local elections office. USA.gov also offers information on the time frames for early or absentee voting.

All states will offer a form of mail-in voting and some states will make it more accessible to vote than others. Some states are still crafting legislation to make it easier for people to vote by mail or absentee ballot. The New York state legislature passed three bills allowing voters to request an absentee ballot or mail-in ballot because of COVID-19 fears. One of the bills allows for absentee ballots to be postmarked as late as election day and still be counted.

Government officials have noted possible instances of voter fraud. Some states have voiced concerns that mail-in ballots can easily be stolen, altered, or forged. Voters worry that they will not receive their ballot in time to vote. Congress is worried that the increase in mail will overwhelm the United States Postal Service (USPS) and delay the delivery of ballots. To add to the problems, the U.S. Postmaster General has made budget cuts to the USPS, dismantled machines, collected mailboxes, and reduced mail services causing consumers to worry that the USPS will not be able to process the increase in mail. Disability advocates want to ensure that mail-in voting will not be more difficult for voters with disabilities to exercise their right to vote.

Voting by mail is a safe option: it increases the overall voter response in the election. Even with these challenges to voting, military members and older Americans have been always encouraged to vote absentee. The Centers for Disease Control and Prevention (CDC) has provided recommendations for people to handle mail-in ballots safely when they are received. In response to consumer requests, the USPS has created a website to help voters ensure that they can receive and return their ballot safely. Also, voters should remember that the main goal of voting during this pandemic is to safely cast their votes.

Americans voting from abroad, or in the military should be aware of the following: potential delays with sending and receiving mail, possible embassy closures due to COVID-19, and ensuring that their personal address is updated with his or her state. Americans abroad should request a ballot immediately from the Federal Voting Assistance Program’s website and check with their local U.S. polling place for instructions on receiving and returning the ballot. Most states permit Americans abroad to request a ballot via email with the caveat that a completed ballot should be returned by well before the November 3rd deadline via postal mail. Under Federal law, ballots should be requested by overseas military voters by September 19th (at least 45 days before the election). The Military Postal Agency has a list of recommended mailing dates. After individuals have returned their ballot, they should be sure to contact their local elections office to ensure that their ballot was received or if they have any questions.

Voting by mail has always been a good way to ensure access to those with disabilities. The American Civil Liberties Union has guidelines to improve accessibility to persons with disabilities. They suggest voters with a disability should receive ballots electronically so they can vote from the safety of their homes. Voters could indicate their candidate on the ballot by using accessibility features on his or her device. Then the ballot should be printed and mailed to his or her local polling place. Some states require witnesses or notarization on the ballot envelope. The American Civil Liberties Union (ACLU) wants to dispense with this requirement. Election poll workers should receive training on accessible voting options and how to respectfully interact with voters with a disability. Lastly, every state should raise awareness about accessible voting options.

In summary, to effectively vote by mail or absentee ballot during the COVID-19 pandemic, the National Consumers League suggests these steps:

  1. Create a plan for voting by mail or via absentee ballot.
  2. Check your local polling office to ensure that it has your correct mailing address and you are eligible to vote in the upcoming election.
  3. Request your absentee or mail-in ballot NOW, well before the deadline of October 3rd (45 days before the election) from your local polling office.
  4. If voting from abroad or in the military, allow for extra time to request and receive your ballot.
  5. If you have a disability, every state has in place accommodations so you may vote safely and effectively. If you have questions, please contact your local polling place early so they may be resolved.
  6. When you get your ballot, review the instructions for completing and returning it. If you have questions, contact your local polling office for guidance.
  7. Mail-in your ballot immediately, in advance of your state’s deadline, allowing for time for it to be reviewed and counted.

Above all, vote, vote, vote!

Labor Day 2020 sees highest approval ratings for unions since 2003

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Happy Labor Day everyone! The breaking news about this year’s Labor Day Celebrations is that a cross-section of Americans support labor unions in higher numbers. In fact, a recent Gallup poll found that 65 percent approve of unions, compared to just 49 percent in 2009. Today, 83 percent of Democrats support unions, while 64 percent of independents do and 45 percent of Republicans do. That’s telling news about how Americans perceive the value of labor unions.

Why has support for unions gone up? Because unions provide a voice for workers on health care, workplace safety, economic security, and decent wages—something all Americans want and need. Last week NCL asked our union representatives on our Board of Directors to join us for a discussion on COVID-19 and the importance of unions. You can watch the broadcast here: COVID-19: The inside perspective from frontline workers and their unions.

We are also pleased that State Attorneys General are playing an increasingly important part in protecting workers from wage theft and enforcing the law against errant employers.

NCL’s John Breyault has had four interviews with state AG’s in the past several months, focused on fraud and other related issues. The NCL Board and staff support stronger AG action in the coming months, and our work on this issue truly makes NCL’s mission #NeverMoreRelevant in these changing times.

This 2020 Labor Day, we want to thank the many millions of American workers who have showed up each day for work, risked their health and well-being to do their jobs during this very challenging pandemic. With support for unions on the rise, let us commit to reforming labor laws and allowing workers to organize and join unions without undue influence or scare tactics from employers. The rates of union membership should be far higher and would be but for the barriers in place. Once again, to America’s workers we say: stay safe and stay healthy this 2020 Labor Day.

Jeanette Contreras portrait

FDA Emergency Use Authorizations and public trust for COVID-19 treatments

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By NCL Director of Health Policy Jeanette Contreras

There has never been a more critical time for consumers to have confidence in the Food and Drug Administration (FDA). The FDA is charged with ensuring the safety, efficacy, and security of the drugs, biologic products, and medical devices needed to treat and prevent the spread of COVID-19. The agency has undergone scrutiny from the scientific community for issuing Emergency Use Authorization (EUA) for COVID-19 treatments and diagnostics that appeared to be politically motivated.

On August 23, the FDA issued an EUA for the use of an investigational convalescent plasma to treat patients with COVID-19, touting it as yet another achievement in the Administration’s fight against the pandemic. After just two days of backlash from the scientific community, FDA Commissioner Dr. Stephen Hahn, took to Twitter to concede his mistake, admitting that the criticism was justified. Commissioner Hahn stated that the EUA is not the final FDA approval and that the agency would revoke authorization if needed. Criticism included former FDA Commissioners who stand by randomized clinical trial as the gold standard for evidence-based medicine.

This renowned round of criticism has come not long after the FDA provided EUA for hydroxychloroquine in March which it revoked in July after further review proved that it lacked efficacy.

The Federal Food, Drug, and Cosmetic Act provides the FDA Commissioner with the authority to issue EUAs for unapproved medical products or unapproved uses of medical products in response to a public health emergency, such as the current pandemic. An EUA can be revoked when new evidence emerges and the risk no longer outweighs the benefit of the unapproved use of a drug or product, yet the Trump Administration claimed that it was revoked due to political reasons.

Since February, when the Department of Health and Human Services (HHS) declared the pandemic a public health emergency, the FDA has exercised its authority to issue hundreds of EUAs for diagnostic tests, personal protective equipment, ventilators, and other medical devices to combat COVID-19. In August alone, the FDA revoked EUAs for over 100 diagnostic tests, including antibody and rapid tests. The FDA recognizes that EUA is not intended to replace randomized clinical trials and that clinical trials are critically important for the definitive demonstration of safety and efficacy of a drug, treatment, or product.

Throughout the pandemic, consumers have received conflicting information from the Administration on various COVID-19 treatments, testing products, and safety recommendations. After witnessing the media controversy over EUAs for hydroxychloroquine and convalescent plasma, we are concerned that consumers may believe that the FDA is hastily approving investigational tests and drugs for political gain. The FDA, now more than ever, needs to reestablish public trust as it proceeds to fast track the approval of a COVID-19 vaccine.