National Consumers League, health and consumer organizations call for increased oversight of hard soda

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June 29, 2023

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

Washington, D.C. – The National Consumers League (NCL) and nine other health and consumer organizations recently called on the Alcohol and Tobacco Tax and Trade Bureau (TTB) to increase its oversight over large global soft drink brands entering the alcohol marketplace.

The joint letter, which was submitted as part of the TTB’s public comment period regarding updates to Trade Practice Regulations, expressed concern that without sufficient oversight, the lines between soft drinks and alcohol beverages will continue to blur and lead to more underage drinking.

“Especially since alcoholic soft drinks, which may contain 5 percent alcohol by volume or more, tend to be inexpensive, are packaged in single-serving containers and tap into young people’s connection to brands they have grown up with,” the groups wrote in the letter.

In addition to the risks posed by the packaging and marketing of alcoholic soft-drinks, there are numerous documented instances where traditional soft drink brands and their alcohol-containing versions are being placed side-by-side in store aisles, as well as instances of alcoholic products being marketed next to children’s products.

In response to these instances and the corresponding risk for heightened underage drinking, the groups are calling on the TTB to expressly prohibit soft drink companies from paying slotting fees to procure more prominent shelf space for their alcohol sodas, hard seltzers, and ready to drink cocktails, as well as look into vertical integration by soft drink makers entering the alcohol space.

“The health and safety of the nation’s teens and adolescents require regulatory firewalls that continue to ensure alcohol products are not marketed to underage consumers,” the groups added.

In addition to NCL, signatories to the public comment letter include:

  • Alcohol Justice
  • Alliance for Better Children’s Diets
  • Consumer Reports
  • Families USA
  • Global Liver Institute
  • HealthyWomen
  • National Alliance for Hispanic Health
  • National Association of Pediatric Nurse Practitioners
  • National League for Nursing

You can read the full letter 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.

The National Consumers League supports Agency’s proposal to reduce CO hazards of portable generators

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June 28, 2023

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

Washington, D.C. – The National Consumers League (NCL) appeared at a June 28 hearing at the Consumer Product Safety Commission (CPSC) hearing to submit comments on a proposed rule to reduce injury and death associated with acute Carbon Monoxide (CO) poisoning[1].

“NCL strongly supports the CPSC rulemaking to address these preventable deaths and poisonings. Consumers rely on portable generators when the power goes out – they often don’t know that carbon monoxide (CO) emissions can reach dangerous levels, far higher than even from a car,” said Sally Greenberg, CEO of the NCL. “We applaud the CPSC for vastly improving the safety requirements for portable generators.”

Reducing CO emissions means employing CO detectors linked to alarms and shut-off mechanisms.  Reliance on existing voluntary standards has proved insufficient and have not reduced the risk of injury.

1332 CO poisoning deaths were reported between 2004 and 2021.  The CPSC proposal is particularly urgent because extreme weather conditions are becoming more common with climate change.  Portable generator usage will only grow, and time is of the essence to make them far safer and reduce their CO emissions. Generators with safe designs are already available and on the market; the stronger safety standards should be required for all generators.

NCL supports the critical message that portable generators must never be operated inside.  However, warning messages on generators need proper placement. They are used during complex emergency settings, in the aftermath of hurricanes, tornados or snowstorms. As NCL’s comments note, related factors, such as electrical cord length, rain and wind, lot size, or theft concerns lead consumers to place the generators too close to the home or even inside the home, which is poses serious risk of CO poisoning.

NCL’s made the following recommendations:

  • Add audible alarms to visual alarms when CO levels are high and have triggered a shutoff of the portable generator.
  • Replace wording on the generators to tell consumers to locate them “far away” from homes with existing CDC, FEMA, and CPSC guidance to say that they must be located at least 20 feet from homes.
  • Provide consumers with steps for safe operation in wet conditions.
  • NCL also noted in its comments that portable generators featuring lower CO emissions are currently on the market. The rule is not prescriptive, and there are no intellectual property obstacles to wider adoption of the safety technologies.

Matt Gillen, NCL consultant and expert, submitted oral comments to the CPSC on behalf of NCL; [2] NCL also submitted additional written comments.

Mr. Gillen noted that: “Portable generators help consumers when the power goes out.  But they cause an average of 74 carbon monoxide fatalities each year.  The CPSC’s proposed regulation will eliminate these preventable deaths.  And with extreme weather events surging, there is a real urgency in adopting this proposed regulation.”  

[1] https://d.docs.live.net/7b748bbe5182e693/Desktop/Portable%20Generator/NCL%20Portable%20generator%20comments%20WRITTEN%20Final%206%2012%2023.pdf

[2] https://d.docs.live.net/7b748bbe5182e693/Desktop/Portable%20Generator/NCL%20Portable%20generator%20comments%20ORAL%20FINAL%206%2018%2023.pdf

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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 Executive Director testifies before the DC Council in support of the Sunshine in Litigation Act

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December 9, 2022

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 703-298-2614

WASHINGTON, D.C. – Sally Greenberg, NCL’s Executive Director, testified before the D.C. Council Committee on Judiciary & Public Safety yesterday to express support for the “Sunshine in Litigation Act of 2022.

Read her full testimony here.

NCL Director of Health Policy testifies at Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights on how consolidation in the marketplace harms consumers

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June 16, 2022

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, (202) 207-2832

Washington, D.C. – On Wednesday, June 15, 2022, the National Consumers League’s Director of Health Policy Jeanette Contreras provided oral testimony to the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights on how consolidation in the marketplace harms consumers.

In her testimony, Ms. Contreras discussed the importance of consumers having choices for safe goods and services at a fair price, a core principle of NCL’s advocacy work. Touching on several issues impacting consumers in the U.S. – such as the infant formula shortage, consolidation of the airline industry, primary ticketing market for live events, and the unfair business practices of pharmacy benefit managers (PBMs) – Ms. Contreras reiterated the need for competition in the marketplace and enacting stronger antitrust laws, all of which help protect U.S. consumers.

Her testimony appears below.

June 15, 2022

Good afternoon Chairwoman Klobuchar, Ranking Member Lee, and members of the Subcommittee. My name is Jeanette Contreras. I am the Director of Health Policy at the National Consumers League. I appreciate the opportunity to testify remotely today- due to COVID.

Founded in 1899, NCL is America’s oldest consumer advocacy organization. A core principle of our advocacy is that the marketplace should encourage competition to guarantee that consumers have choices for safe goods and services at a fair price. Monopolies harm competition, leaving consumers with fewer options at higher prices. Monopolistic practices are especially harmful when they occur in the health care arena, where they can exacerbate health disparities.

We share the concerns of new parents regarding the recent shortage of infant formula. Our hearts go out to those parents who have lost babies or whose infants suffered devastating health consequences from contaminated formula. At NCL, we believe all goods and services sold to consumers should be safe and meet all legal requirements- including regulatory guidelines set forth by the FDA.

NCL applauds the FDA and the Administration for adopting a multifaceted approach to increase the supply of infant formula, including temporarily allowing foreign manufacturers to sell their products in the U.S. Additionally, we believe invoking the Defense Production Act to prioritize getting needed inputs to infant formula manufacturers was sound policy. These measures are helping to solve the immediate logistical problem of getting formula onto store shelves across the country.

While addressing the immediate formula shortage is most urgent, we are also troubled that it took the FDA almost four months to act on a whistleblower complaint sent to the agency. This complaint should have received immediate attention given the gravity of the allegations against the Abbott facility. We support a full investigation and, if warranted, bringing criminal and civil charges against those who falsified data. NCL also recommends that the U.S. create a single food safety agency and dedicate an office to overseeing the safety and supply of infant formula.

It should concern every American that one manufacturer controls 40% of the U.S. infant formula market. Only three companies — Abbott, Mead Johnson, and Nestle — control 98% of the industry.

Consolidation in the infant formula industry is a major contributor to the current crisis, but it is only one of many cases where market concentration in recent decades has limited competition and harmed consumers.

For example, NCL continues to raise concerns about the consolidation of the airline industry. Due to weak enforcement of existing antitrust laws, from 2005 to 2015, the number of major U.S. airlines declined from nine to four. And today they control more than 80 percent of the domestic U.S. market.

Our antitrust laws have also failed to protect consumers who attend live events. After merging with Ticketmaster in 2010, Live Nation Entertainment controls roughly 80% of the primary ticketing market in the U.S. As anyone who has purchased tickets recently can attest, this has led to an increase in add-fees and the basic price of tickets.

Stronger antitrust enforcement would be especially beneficial for curtailing anti-competitive conduct in the health care industry, where we’ve seen consolidation lead to higher costs for consumers without an increase in quality or access to care. We are pleased that the Biden administration is looking into how hospital prices increase after acquisitions. We are also hopeful that the ongoing review of DOJ & FTC merger enforcement guidelines will result in more action by those agencies.

NCL also applauds the recent FTC decision to open an investigation into the unfair business practices of pharmacy benefit managers or PBMs. NCL works tirelessly to raise awareness of the outsized role that PBMs play in driving up prescription drug prices for consumers. According to a recent report, the three biggest PBMs controlled roughly 77% of all U.S. prescription drug claims in 2020. And a recent Senate Finance Committee report found some PBMs are getting a 70% rebate on insulin, while out-of-pocket costs for this life-saving medication continue to rise.

These cases are just a few examples of how monopolies and anti-competitive practices have become a problem for consumers. To ensure crises like today’s formula shortage do not happen again, market consolidation must be addressed so that the temporary shutdown of a single factory does not result in the collapse of an entire supply chain.

Whether it is baby formula, airline travel, live event tickets, or pharmaceutical sales, the lack of competition is having increasingly negative impacts on consumer welfare and requires urgent action.

Chairwoman Klobuchar, Ranking Member Lee, thank you for holding today’s hearing and inviting NCL to speak about this important issue. I look forward to answering your questions.

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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.

 

NCL applauds action to rein in deceptive marketing of contact lenses

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February 3, 2022

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org or (412) 945-3242

Washington, DC –The National Consumers League (NCL), America’s pioneering consumer advocacy organization, welcomed the enforcement action undertaken by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) to end the deceptive marketing of contact lenses by Vision Path, Inc.

Vision Path, a direct-to-consumer seller of Hubble contact lenses, will pay penalties and redress totaling $3.5 million to settle charges that it violated the FTC’s Contact Lens Rule and put consumers at risk by failing to obtain proper prescriptions, and neglecting to properly verify prescription information, and by substituting Hubble lenses for those actually prescribed to consumers.

“This action against Vision Path should serve as a warning to any company that disregards laws intended to protect consumers. NCL has been at the forefront of efforts to get Congress and federal regulators to crack down on companies that deceptively market to consumers and illegally substitute their contact lenses in place of those originally prescribed by a patient’s eye doctor,” said NCL Executive Director Sally Greenberg.

The FTC’s complaint alleges that Vision Path engaged in other deceptive practices, such as failing to disclose that “independent” consumer reviews were actually solicited by the company. The FTC also alleges that Vision Path engaged in a deceptive negative-option billing model that encouraged consumers to sign up for 15 pairs of daily-wear contact lenses and then automatically enrolled them in a subscription plan. NCL has long supported legislation, such as the District of Columbia’s landmark Structured Settlements and Automatic Renewal Protections Act of 2018, that would require a consumer’s explicit affirmative consent before such automatically-renewing contracts could kick in.

“Consumers are best served when they work with their health care providers to ensure the most appropriate and safest use of FDA-regulated medical devices, like contact lenses,” said Greenberg. “We are grateful to the DOJ and the Consumer Protection Bureau at the FTC, which led this effort, for their rigorous enforcement of consumer protection laws. While this is an important development, violations of the Contact Lens Rule continue. We will continue to press Congress and federal agencies to ensure that the CLR is being implemented and enforced as Congress intended.”

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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 supports Peloton treadmill recall

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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) supports Peloton Interactive Inc’s decision to recall its Tread+ treadmill.

“The company has finally come to its senses and agreed to recall its treadmill, which has been caused deadly injuries to children,” said NCL Executive Director Sally Greenberg. “Use of Peloton’s Tread+ exercise machines resulted in at least 72 reports of injuries, including the death of a 6-year-old boy.”

There were also 29 reports of children suffering broken bones, cuts, and abrasions. The agency that regulates these products, the Consumer Product Safety Commission (CPSC), took the unusual step of issuing an administrative subpoena in April when the company refused to provide information about the fatal injury to a child.

“It’s critically important that the company work with the CPSC to recall 125,000 treadmills, at no cost to customers, and safely replace or repair the treadmills so they no longer pose a threat to children or pets,” Greenberg said.

The recall agreement was accepted Wednesday morning in a vote by the Commission. The agreement requires Peloton to halt sales of the Tread+ machine and fully refund consumers who wish to return their equipment.

Greenberg also pointed out how problematic CPSC’s rules are for launching a recall like this one and called on Congress to amend its statute. “We agree with Acting Chair Robert Adler’s assessment that the CPSC faces nearly insurmountable hurdles in protecting the public because, under its statute, the Commission is required to negotiate at length with companies before it is allowed to issue any safety warnings. No other federal safety agency is under such restrictions. That needs to change for the safety of the public.”

To read our previous statement concerning the Peloton Tread+ recall controversy, click here.

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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 calls on Peloton to recall treadmills

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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 is advising consumers to stop using Peloton treadmills and is calling on Peloton to immediately recall its Peloton Tread+ treadmill exercise machine. According to recent reports, the product poses a danger to children and pets — including a child death — in what has been described by the Consumer Product Safety Commission (CPSC) as a “different hazard pattern than is typically seen.” The CPSC learned that there were dozens of such incidents and issued a safety warning over this past weekend, saying it “found that the public health and safety requires this notice to warn the public quickly of the hazard.” The CPSC also took the unusual step of issuing an administrative subpoena to require Peloton to disclose the name of the child who died.

“This pattern of injury and death is not acceptable, and it is wrong for Peloton to blame user error,” said NCL Executive Director Sally Greenberg. “The CPSC shouldn’t have to subpoena a company for information about a child who died using its product. The company should be working closely with the federal safety agency with jurisdiction over these products. Dozens of children getting dragged under a Peloton Treadmill and sustaining grave injuries or death requires immediate action by the company. Peloton should recall these Treadmills at no cost to customers and either redesign them to prevent hazards or stop selling the product altogether.”

Peloton is a $34 billion company predicted to double in value by 2024.

“The CPSC and the company must work together to expedite a recall and get these products out of people’s homes. These injuries are certainly foreseeable, and we thank Senator Richard Blumenthal (D-CT) and Congresswoman Jan Schakowsky (D-IL), both of whom chair consumer subcommittees in Congress,” said Greenberg. “We agree with Senator Blumenthal, who called on Peloton to ‘immediately cooperate with the CPSC to recall its dangerous and deadly treadmill. Amid dozens of incidents of hurt kids and pets — with broken limbs, brain injuries, and death after being pulled underneath the machine — it’s clear that the Peloton Tread+ must be recalled.’”

Earlier this month, Congresswoman Schakowsky asked the CPSC to investigate earlier in April, noting: “With families spending more time at home and together, home exercise equipment dangers are especially worrisome, and any potential risks to consumers and their families must be carefully scrutinized. The CPSC must be able to act nimbly in identifying and responding to emerging hazards. In addition to the absence of publicly available information about the child fatality, other publicly reported incidents involving the same treadmill model suggest potential obstacles preventing the Commission from taking swift action to protect the public.”

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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 welcomes appointment of Commissioner Jessica Rosenworcel as Acting Chairwoman of the Federal Communications Commission

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For immediate release: January 29, 2021

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), America’s pioneering consumer and worker advocacy organization, welcomes the appointment of Commissioner Jessica Rosenworcel to serve as acting chairwoman of the Federal Communications Commission (FCC). Rosenworcel is the second woman to lead the agency in its 86-year history.

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

We welcome Commissioner Jessica Rosenworcel’s appointment as Acting Chairwoman of the FCC. Her years of service at the Commission and on Capitol Hill make her an ideal choice for this position. She brings an in-depth understanding of the Commission, its committed and talented staff, and the agency’s relationship with Congress.

Acting Chairwoman Rosenworcel is a strong proponent of consumer protections, net neutrality, and universal access to high speed broadband. Her appointment couldn’t  come at a better time; the COVID-19 pandemic has exposed the chasm of access to high quality broadband in so many communities across America. Most critically, millions of students without affordable broadband access have suffered as schools have moved online during the past year. NCL is committed to working with Acting Chairwoman Rosenworcel and her team to address this critical problem.

We are honored that Acting Chairwoman Rosenworcel accepted NCL’s Trumpeter Award for consumer leadership in 2020. We welcome this strong consumer advocate who has always kept an open door for consumers from all backgrounds to discuss their concerns with the commission. We look forward to continuing to work with her and the talented FCC staff.

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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.

The National Consumers League welcomes the appointment of consumer advocate and FTC Commissioner Rohit Chopra to head the Consumer Financial Protection Bureau

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For immediate release: January 29, 2021

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 welcomes President Biden’s nomination of Rohit Chopra, a current commissioner of the Federal Trade Commission (FTC), to chair the  Consumer Financial Protection Bureau (CFPB).

This following statement is attributable to Executive Director Sally Greenberg:

We are very pleased by President Biden’s nomination of Rohit Chopra to serve as director of the CFPB. At the FTC, Commissioner Chopra has proven to be a fair, thoughtful, and even-handed regulator with a strong record of defending the interests of consumers and pressing the agency to uphold its mandate by doing more to fight fraud and combat unfair and deceptive practices.

Chopra was on the ground floor as the CFPB was built. He was one of the first hires by Sen. Elizabeth Warren (D-MA) when she took on the role as director of the—then—brand new agency. He brings a wealth of experience in the work of federal agencies, having also acted as special advisor at the U.S. Department of Education.

Despite his busy schedule, Commissioner Chopra always had an open door to hear from advocates and everyday consumers. When it comes to fighting abusive debt collection practices, crushing student loan debt, predatory payday loan companies, and auto lenders that discriminate against black, brown, and immigrant communities, consumers will have no greater champion than Rohit Chopra.

We urge the Senate to promptly confirm Commissioner Chopra so that he and his team can get started on the critically important mission of protecting the interests of the nation’s consumers.”

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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.

NCL testified before CDC committee on COVID-19 vaccine recommendations

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For immediate release: December 22, 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) testified before the Centers for Disease Control and Disease Prevention (CDC) Advisory Committee on Immunization Practices (ACIP) this weekend on the equitable distribution of the Moderna vaccine and recommendations for consumer education on vaccine safety. In its testimony, NCL applauds the transparency and access afforded to the public throughout the COVID-19 vaccine approval process.

Equitable distribution:

NCL is encouraged that the Food and Drug Administration (FDA) has approved the Moderna vaccine and that the U.S. government will lead distribution efforts. Due to its ease of transport and storage, the Moderna vaccine stands to readily ship to rural and hard to reach communities. NCL calls on federal health officials at the helm of distribution to facilitate access to the Moderna vaccine to medically underserved areas.

Safety and efficacy:

NCL expressed its trust in the FDA and CDC’s robust inter-agency collaboration to continue ongoing, post-market surveillance of adverse events among recipients of the COVID-19 vaccine and to inform consumers of any additional safety recommendations. NCL urged the CDC to educate consumers about potential reactions and side effects, as this transparency will further encourage the compliance necessary to achieve herd immunity. The vaccine is expected to induce flu-like symptoms after the initial dose and this may deter some patients from getting their second dose if they aren’t warned about what to anticipate.

Vaccine adherence:

NCL encouraged the CDC to conduct culturally competent and inclusive public messaging about vaccine safety to ensure that communities of color and persons with limited English proficiency are informed and feel empowered in their decisions to vaccinate. Adding to the complexity of administering the vaccine, public health officials will need to ensure the completion of two doses in a series. This stands to create additional challenges because evidence has shown that when a vaccine involves multiple doses, nearly 50 percent of patients fail to return for a second dose.

Equitable allocation:

NCL applauds ACIP’s recommendations to prioritize vaccinations for health care workers and long-term care facility residents in Phase 1a. Now that there are two approved vaccines, NCL calls on ACIP to prioritize recommendations to vaccinate the approximately 87 million non-healthcare essential workers unable to work from home—such as bus drivers and grocery workers—who are at higher risk of exposure. Racial and ethnic minorities make up more than 40 percent of the essential workforce and are the backbone of many essential industries. The pandemic has illustrated that low-income minority communities experience more severe COVID-related illness requiring hospitalization and are at higher risk for death.

Persons who recovered from COVID-19:

Lastly, over 18 million individuals in the U.S. have been infected with the coronavirus. It is expected that individuals who recover will acquire some natural immunity to COVID-19. Individuals who recover from the coronavirus want to know if they are protected from reinfection and for how long. We call on the CDC to expedite developing vaccine recommendations for persons who’ve recovered from COVID-19.

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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.