NCL Health Policy Director testifies at FDA Vaccines and Related Biological Products Advisory Committee (VRBPAC)

February 28, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – Today, NCL Health Policy Director Robin Strongin testified at the Food and Drug Administration’s (FDA) Vaccines and Related Biological Products Advisory Committee (VRBPAC). Robin’s full testimony can be found below.

Good afternoon, my name is Robin Strongin and I direct Health Policy for the National Consumers League (NCL).

Founded in 1899 by the renowned social reformer, Florence Kelley, the National Consumers League has long championed vaccines as lifesaving medical interventions.

In fact, Kelley’s support of vaccinations played a key part in mitigating a critical smallpox outbreak towards the end of the 19th century, and her tireless advocacy for immunizations has informed NCL’s bedrock principles for increased access and vaccine confidence.

124 years later, we are honored to persist in our efforts to protect consumers from vaccine preventable illnesses and we extend our gratitude to this committee for the opportunity to present our public comments.

We know that despite decades of effort, no vaccine to protect against RSV disease, in any population, has been authorized, resulting in a very serious unmet need.  The dramaticrise in cases this past Fall was a wake-up call for us as a nation.

As Americans faced the threat of contracting RSV–the flu, pneumonia, and COVID were circulating simultaneously. The difference, of course, is that vaccines for COVID influenza and pneumonia are widely available and many in the most vulnerable communities have embraced these tools to reduce their risk of serious illness and death.

However, the lack of any such tool to protect against RSV made for a frightening reality for Americans already facing serious threats to their respiratory health, especially among the very young and the elderly.

NCL is also concerned with the serious strain these viruses put on our health care system, and its ability to provide quality and timely care for patients. From hospitals running at capacity, to over taxed health care providers and family caregivers, the prolonged burden such an uptick in cases can inflict is not sustainable.

We are encouraged by the continued progress in the development of vaccines to help strengthen our ability to fight back against devastating diseases like RSV.

Ensuring broad and equitable access to these vaccines is an important next step to improving the health of all communities while reducing the high burden these viruses place on our health care system.

NCL cares deeply about the health and well-being of our nation.  We will continue to do our part to educate people about the importance of vaccines and the value they offer consumers–and society as a whole.

Thank You.

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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 nclnet.org.

Supreme Court should affirm legality of student debt cancellation

February 28, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — Today, the Supreme Court is hearing challenges to President Biden’s student debt relief program. With the potential to narrow the racial and gender wealth gaps, affirming the legality of debt cancellation would be transformative for over 40 million Americans.

The following statement is attributable to NCL Chief Executive Officer Sally Greenberg:

“We believe the Administration’s effort to cancel student debt is legal and long overdue. College tuition has grown substantially over the past few decades, and disproportionately burdens students of color and women. We hope that the Supreme Court will uphold the validity of the President Biden’s student debt cancellation and allow the Administration to ease the burdens associated with achieving an advanced degree.”

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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 nclnet.org.

The National Consumers League mourns death of Bob Krughoff, founder of Consumer Checkbook

February 27, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — The National Consumers League is deeply saddened by the death of consumer icon and pioneer, Robert M. Krughoff.  Bob devoted 45 years of service to consumer protection as the founding president of Consumer Checkbook. Bob started Consumer Checkbook, an invaluable tool published in the six metropolitan areas – DC, Boston, Chicago, Delaware Valley, Puget Sound and the Twin Cities – after his car repairs failed for a third time. He wondered why there wasn’t a Consumer Reports for local service providers. He then launched Consumer Checkbook and the publication has been in continuous print since then. The nonprofit takes no advertising, referral fees or other money from businesses it evaluates.

National Consumer League Chief Executive Officer Sally Greenberg provided the following statement. “Bob turned Consumer Checkbook into the highly respected publication it is, providing consumers with unbiased expertise on pricing and services provided by healthcare plans, doctors, dentists, hospitals, and dialysis centers, along with best bargain and quality ratings for buying diamonds, solar energy systems, tree care, electricians, remodeling, right to repair, planning a funeral, estate planning, tire buying and much more. NCL was privileged to honor Bob last year with our Lifetime Achievement Award after he announced his plans to retire from Consumer Checkbook. Consumer Federation of America’s longtime leader, Jack Gillis, longtime friend of Bob Krughoff, was also honored. Bob’s legacy will live on, but this is a sad day indeed for consumers across America who have lost a friend and legendary champion for their rights.”

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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 nclnet.org.

As Ticketmaster tries to change the subject, NCL defends fans’ rights in Maryland and Colorado

February 24, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — This week, Ticketmaster’s parent company, Live Nation Entertainment, announced record quarterly results, underscoring their dominance of the live event industry. Not content with revenues of $16.7 billion (up 44% from the pre-pandemic era), Live Nation launched a glitzy nationwide public relations campaign to roll out the so-called “FAIR Ticketing Act,” a not-so-subtle attempt to create laws that would cement its monopoly power.

State and federal legislators should not be fooled by Live Nation’s new push to change the subject after months of well-earned bad publicity. Despite its fan-friendly name, the FAIR Ticketing Act is anything by fair for consumers. We agree with Live Nation that there should be curbs on speculative ticketing, better enforcement of anti-ticket bot laws, and industry-wide all-in pricing requirements. Unfortunately, the true aim of the bill appears to be to give Live Nation, not fans, the ability to set prices and terms of sale on the secondary market; the one part of the industry the company does not monopolize.

The National Consumers League (NCL) has been active in trying to push back against such efforts. On Wednesday, John Breyault, NCL’s Vice President of Public Policy, Telecommunications, and Fraud testified before the Maryland House of Delegates in support of House Bill 795, common-sense consumer protection legislation that would mandate all-in pricing of tickets, promote transparency of ticket holdbacks, and guarantee that consumers can benefit from a competitive secondary market.

“Fans in Maryland and throughout the country benefit from an open, competitive market for live event tickets,” said Breyault. “HB 795 would put Maryland at the forefront nationally of states that have made putting fans rights ahead of the interests of a monopolistic ticketing industry that is too often rigged against consumers.”

Breyault also testified before the Colorado Senate in opposition to SB 60, a bill supported by the ticketing industry that would allow multi-billion-dollar companies like Ticketmaster to dominate the secondary ticket market. The bill would allow Ticketmaster and sports teams like the Colorado Rockies or Denver Broncos to limit resale to ticket exchanges where they set the prices and terms of sale.

“Ticketmaster is already the 800-pound gorilla of the live event industry,” said Breyault. “If SB 23-060 was to become law, Ticketmaster would have free reign to cut off competitive choices for fans in Colorado”

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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 nclnet.org.

National Consumers League statement on United family seating policy change

February 21, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — The National Consumers League (NCL) today welcomed United Airlines’ announcement that it will phase out family seating fees in its Basic Economy fare class. The move positions United as a leader in an industry that has long claimed that proposals to prohibit family seating fees are unnecessary. United’s change comes after years of advocacy by NCL and other advocates as well as more recent pressure from the Department of Transportation, Congress, and the Biden White House.  

The following statement is attributable to Sally Greenberg, NCL Executive Director:  

“While we are still awaiting all the details, United’s announcement is encouraging news. Budget-conscious families have for too long been asked to choose between saving money on their flights and the safety of their young children. While welcome, we still need common-sense consumer protection regulation that protects all passengers regardless of which airline they fly. Secretary Buttigieg, President Biden, and consumer champions in Congress should not take their eyes off the ball when it comes to putting family seating protections into laws and regulations.” 

Last week, NCL endorsed the Families Fly Together Act, sponsored by Senator Ed Markey (D-MA), Senator Richard Blumenthal (D-CT), Senator Amy Klobuchar (D-MN), and Majority Leader Schumer (D-NY). The bill would prohibit airlines from imposing any monetary charges on families that want to sit together during a flight. NCL has also called for such a prohibition to be included in the Federal Aviation Administration’s upcoming reauthorization legislation. 

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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 nclnet.org.

The Child Labor Coalition expresses alarm over the results of DOL’s investigation into child labor at meatpacking plants in the U.S. and calls for current protections to be enhanced, not weakened

February 21, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org(202) 823-8442

Washington, D.C. – The Child Labor Coalition, consisting of 39 organizational members who work to end exploitative child labor domestically and internationally, calls attention to today’s announcement by the U.S. Department of Labor (DOL) that its just-completed investigation found 102 children working in cleaning crews in 13 meatpacking plants in eight states. DOL levied a fine of $1.5 million in civil money penalties against Packer Sanitation Services, Inc. (PSSI).

The children often worked the graveyard shift and used caustic chemical agents while they cleaned meat processing equipment including backsaws, brisket saws and head splitters. DOL learned that three minors were injured while working for PSSI.

Sally Greenberg, chair of the Child Labor Coalition, publicly called for meatpacking plants to be investigated for underage worker in 2008 during a congressional hearing on child labor.

“While we applaud this seemingly robust investigation by U.S. DOL, we wonder why the meatpacking firms who benefited from illegal child labor are not being held liable,” said Reid Maki, who is the Child Labor Coalitions coordinator and the Director of Child labor Advocacy for U.S. DOL. “Firms like JBS Foods, Tyson Food, Cargill, Turkey Valley Farms and others, hired PSSI to do the cleaning but company employees witness underage workers performing hazardous work with dangerous chemicals and did nothing to stop it. Why aren’t these companies being punished?” he asked.

Maki noted that the fine amount is the legal maximum that DOL could assess in the case but $1.5 million is roughly one day’s revenue for a company like PSSI that has over $450 million in annual revenue. “We would really love to see maximum and minimum child labor fines increased, and we had discussions with Senator Schatz’s office about it this very week,” he noted.

Maki noted that the investigation results are well-timed because the state of Iowa is considering a reprehensible child labor bill that would allow children to work expanded hours and in hazardous work areas.

“Iowa bill S.F. 167 not only extends hours for teen work, it permits minors to work in highly hazardous areas like meatpacking loading docks and assembly areas,” said Maki. “It’s a cynical, dangerous bill that builds in liability waivers for employers against teen worker injuries that the legislative authors know will happen. We strongly oppose this bill.”

Other states, including Ohio and Minnesota, are considering bills to weaken hard-won child protections.

Maki also noted giant loopholes in U.S. child labor law that expose child workers on farms to great risks. “Our weak child labor laws allow kids who are only 12 to work unlimited hours on farms when school is not in session. We’ve met many 12-year-olds who work 70–80-hours a week in the summer and in stifling heat, performing back-breaking labor,” explained Maki. “A teen worker has to be 18 to perform hazardous work in the U.S. but in agriculture they only need to be 16,” he added.

“The presence of young children in farm work, makes it critical that U.S.DOL begin enhancing hazardous work rules for child workers in agriculture,” said Maki. “DOL succumbed to political pressure when it scuttled needed protections over a decade ago and since then has refused to honor its responsibility to protect kids from known work dangers.”

We have also been waiting for DOL to protect child tobacco workers who regularly become ill from nicotine absorption and poisoning, noted Maki. “You must be 21 to buy cigarettes in the U.S., why does U.S. law allow tobacco growers to hire 12-year-olds to harvest this toxic crop? DOL needs to do more to protect these vulnerable workers.”

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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 nclnet.org.

The National Consumers League sent a letter urging Senate Committee on Commerce, Science and Transportation to ensure that consumers get a fair deal at the pharmacy

February 21, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League (NCL) sent a letter urging Senate Committee on Commerce, Science and Transportation to ensure that consumers get a fair deal at the pharmacy. When it comes to the high out-of-pocket costs consumers face at the pharmacy counter — often for lifesaving medications — consumers today have an unfair disadvantage.

“With three PBMs controlling nearly 80 percent of all prescription drug claims, it is timely that lawmakers are looking at PBMs’ role in driving up the cost of drugs to consumers and patients,“ said Sally Greenberg NCL Chief Executive Officer. “We are encouraged to see the committee looking into the workings of PBMs and we are supportive of your efforts to hold these entities accountable.”

Beyond addressing the antitrust issues and increasing transparency of PBM revenue streams, we encouraged legislators to:

  • Remove medication barriers: PBMs should not be allowed to limit access to the medicines doctors prescribe.
  • Require PBMs to pass on savings directly to consumers: PBM rebates should be shared so that consumers can benefit from more affordable out-of-pocket costs. Additionally, patient cost-sharing should be based on the net cost of the drug, not the list price.
  • Ensure simple, single administrative PBM fees: PBMs too often tack on arbitrary fees to local pharmacies, with many independent and community pharmacies struggling to stay in business, this trickles down to the consumers, resulting in increased prices and pharmacy closures, leading to many communities facing pharmacy deserts.
  • Ensure PBM profits are not tied to the costs of medications: The system currently incentivizes PBMs to favor medicines with higher list prices so that they can negotiate larger rebates and/or steer patients to medicines with higher price tags to increase their own profits.

With the many evolving ways PBMs too often put profit over consumer interests, it is crucial that federal consumer protection agencies like the FTC have the tools needed to address the PBM problem.

To view the full letter, click here.

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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 nclnet.org.

NCL’s Greenberg joins panel to discuss the challenges and opportunities of the generic and biosimilar industries

February 15, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – NCL’s CEO Sally Greenberg spoke at the Association of Accessible Medicines and International Generic and Biosimilar Medicines Association Annual Meeting in Orlando, FL on Wednesday, February 15, 2023.

Greenberg joined the panel “The Generic and Biosimilar Industries Global Reputation” moderated by former NY Times journalist Gardiner Harris.

In her statements, Greenberg made the following points:

  • The generic and biosimilar industry has saved the US health care system an estimated $2.4 trillion between 2011 and 2020 and the industry is incredibly important to a well-functioning health care system.
  • NCL reinforces the messages with consumers that generic drugs contain the same active ingredients in the same dosages as brand name drugs, are every bit as safe and effective, but cost far less.
  • Biosimilars, developed after patents expire on brand name biologics, are as safe and effective as the original biologic, both brand biologics and biosimilars are rigorously and thoroughly evaluated by the FDA before approval and biosimilars have no clinically meaningful differences from the original biologic.
  • Over 90% of drugs are available in a generic version today, compared to less than 19% less than 4 decades ago, saving consumers and patients many millions of dollars each year.
  • The role of consumer advocacy groups like NCL will continue to be as an independent voice disseminating accurate, evidence based, scientifically grounded information about medicines and their safety and efficacy.

For the first time since 2014, the 25th International Generic and Biosimilar Medicines Association (IGBA) Annual Conference will be held in the United States, in conjunction with AAM’s Access! 2023 Annual Meeting. This event offers an opportunity to hear from leading global stakeholders, industry leaders, and other experts offering their views and analysis of the most pressing policy questions influencing patient access to generic and Biosimilar medicines in countries around the world.

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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 nclnet.org.

NCL urges Senate committee to hold airlines accountable for operational meltdowns

February 9, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — Today, the Senate Commerce Committee will hold a hearing focused on Southwest Airlines’ operational meltdown in December 2022. The committee should use this opportunity to not only hold Southwest accountable but to also address the underlying causes of and remedies for chronic cancellations and delays that affect millions of passengers annually. 

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

“Instead of ensuring that thousands of travelers and employees weren’t stranded for the holidays, Southwest spent $5.6 billion on stock buybacks. But Southwest is not an outlier. Putting short-term profits ahead of long-term investments that prioritize the needs of passengers has been a hallmark of the industry for decades. This is one symptom of a broken marketplace where four carriers control over 80 percent of domestic flights. America’s airline passengers, whose tax dollars bailed out the airline industry to the tune of more than $50 billion, deserve better. The Senate Commerce Committee must thoroughly investigate what happened at Southwest and reform our air travel industry to ensure such crises never happen again.” 

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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 nclnet.org.

The National Consumers League supports the bipartisan S 4918 (117th Congress) “Increasing Prescription Drug Competition Act”

February 7, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – NCL is the nation’s oldest consumer and worker advocacy organization, formed in 1899 to work for a fair marketplace for all. NCL has long supported robust competition and affordable, accessible drugs for patients and consumers. We therefore appreciate the opportunity to provide our support for the bill introduced in the 117th Congress entitled “Increasing Prescription Drug Competition Act”, co-sponsored by Senator Maggie Hassan (D-NH) and Senator Mike Braun (R-IN). This legislation would bar the use of various loopholes in the law to block the introduction and sale of competitor drugs. One such familiar technique brand drug makers have used is claiming that a REMS programs (Risk Evaluation and Mitigation Strategies) required by the FDA for the brand version of the drug, prevents a competitor drug from entering the market. This argument goes against the prevailing view within the FDA and the FTC that a REMS requirement on the brand name drug must not be used as a way to block competition.

The Federal Trade Commission voted 4-0 to file an amicus brief  with the U.S. District Court for the District of Delaware on this topic.  The FTC brief takes no position on the scope or claim construction of the patent, but argues generally that there is significant harm to consumers when a brand lists a patent on a distribution system in the Food and Drug Administration’s “Orange Book” of approved drugs and thereby blocks the introduction of lower-cost generic medications or other follow-on competition. The FTC’s amicus brief explains how the Orange Book listing process can be abused, and emphasizes the harm to competition and consumers that can result from that abuse, including depriving consumers of potential competition from lower-cost alternatives and the ability to choose between products.

By way of background, we note these additional points:

  • REMS, or Risk Evaluation and Mitigation Strategies, are required by FDA for certain medications to ensure that the benefits of the drug outweigh its risks.  The sole purpose of a REMS is to protect patient safety
  • Despite policies that the former FDA Commissioner, Dr. Scott Gottlieb announced in 2018 to reduce the use of REMS programs as a way to block competition and access, followed by the CREATES act, which was signed into law in 2019, loopholes remain today
  • We look forward to the reintroduction of the bi-partisan bill proposed last fall by Senator Hassan (D-NH)and Senator Braun (R-IN), “Increasing Prescription Drug Competition Act”, which would no longer allow FDA approvals of medications to be delayed due to patents listed in the FDA “Orange Book” on REMS
  • We hope the legislation will address the problem of companies taking advantage of FDA-mandated safety programs at the expense of patients receiving innovative competitor medications, or generic medications. We believe that “Increasing Prescription Drug Competition Act”, bill will help to address that problem.

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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 https://nclnet.org.