NCL calls for immediate action on aviation safety following tragic Washington, DC plane crash

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Media Contact: Lisa McDonald, Vice President of Communications, 202-207-2829

Washington, DC — National Consumers League (NCL) is heartbroken by the tragic crash of American Airlines Flight 5342 in Washington, DC. We extend our deepest condolences to the families and loved ones of the 64 passengers and crew members who perished, as well as the three service member aboard the Army Black Hawk helicopter. This tragedy is a stark reminder that safety must be the #1, #2, and #3 priority, above all else, in our nation’s aviation system.

This crash follows a long-standing and growing concern about the dangers of overcrowded airspace, particularly at Ronald Reagan Washington National Airport (DCA), home to the busiest runway in the nation. The airspace around DCA, heavily congested with both passenger planes and military aircraft on security patrols, has seen a series of near-misses and incidents. Experts and lawmakers have repeatedly warned about the risks, citing a series of near-misses and incidents—including a recent incident where a catastrophic runway collision was narrowly avoided. Despite these red flags, Congress continues to push for increased flights in this already overburdened airspace.

This tragedy must serve as a wake-up call for the urgent action. It is critical to reevaluate flight patterns, air traffic control resources, and safety protocols. To restore passenger trust in air travel, we need a thorough, transparent investigation into this tragedy, along with a concrete plan to address the underlying issues of congestion and air traffic control shortages.

“While investigations will seek to determine the precise cause of this crash, one thing is clear: we must not wait for another catastrophe to make air travel safer,” says John Breyault, Vice President of Public Policy, which has been pushing for passenger safety and updated evacuation policies. Breyault served on the Aviation Consumer Protection Advisory Committee from 2021-2024.

When speaking to the media President Trump has recklessly blamed diversity, equity, and inclusion hires —along with the last two Democratic presidents —for the crash. This politically motivated finger-pointing isn’t just misleading; it’s a blatant attempt to distract from the real issues. NCL urges lawmakers, regulators, and the aviation industry to come together and take immediate steps to enhance safety in our nation’s airspace. It is time to prioritize reforms that protect the lives of passengers and restore confidence in air travel.

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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.

Chaotic evacuation of American Airlines Flight 2045 shows urgent need for updated evacuation standards and minimum seat sizes

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July 17, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – The evacuation of American Airlines Flight 2045 on July 12 at the San Francisco International Airport appears to have taken significantly longer to complete than the federal standard of 90 seconds. While only minor injuries have been reported, delays in the evacuation created an unacceptable risk of major injuries or death for the passengers and crew on board.

Such chaotic scenes again highlight the urgent need for the Federal Aviation Administration (FAA) to update its emergency evacuation standards to reflect the modern flying environment.

The lengthy American Airlines evacuation was not an anomaly; evacuations over the past decade have consistently exceeded the FAA’s 90-second standard. Evacuation standards were last updated in 2005 and over the intervening 19 years, the in-cabin environment has evolved substantially. Despite these changes, the FAA has rejected or failed to act on 27 recommendations from the FAA Emergency Evacuation Standards Advisory Rulemaking Committee or those of the U.S. Department of Transportation’s own Inspector General. 

As a result, the American Economic Liberties Project, Consumer Action, Consumer Federation of America, FlyersRights, the National Consumers League, Travelers United, and U.S. PIRG are calling on the FAA to urgently address its antiquated safety regulations by:

Updating outdated evacuation standards. Current standards do not reflect the modern cabin environment and do not account for passengers of all ages and body types, record-high passenger load factors, the proliferation of personal electronic devices, the increased amount of carry-on baggage, or the cramped seating conditions of modern aircraft.

Establishing minimum passenger seat sizes. Despite receiving two mandates from Congress and over 26,100 public comments on the issue, the FAA still has not set minimum dimensions for airplane seats. The consistent shrinking of passenger seating has allowed carriers to increase the number of passengers in the aircraft without also increasing the number of exits. Additionally, the cramped seating poses a physical impediment to quick evacuation of the aircraft. 

“The FAA has the ability to reduce the risk of the chaos like what unfolded on Flight 2045,” said John Breyault, National Consumers League vice president of Public Policy, Telecommunications, and Fraud. “Passenger safety and a profitable airline industry are not mutually exclusive. For too long, however, the agency has allowed the airline industry’s concerns about its bottom line to stand in the way of creating standards that lead to a safer cabin environment. That has to stop.”

“The FAA is long overdue in updating its emergency evacuation training and procedures,” said William J. McGee, senior fellow for Aviation & Travel at American Economic Liberties Project. “In recent years we’ve gotten very lucky, as numerous potentially deadly evacuations far exceeded the FAA’s own 90-second timeline. It’s time to rely on proven standards rather than luck.”

“This serves as another example of why the FAA must look at this issue with the importance it deserves,” said Teresa Murray, consumer watchdog director, U.S. PIRG. “The recent evacuation tests relied on ‘able-bodied adult subjects under 60,’ the FAA acknowledged in 2022. We all know this doesn’t reflect modern travel — planes filled with children, senior citizens, people with disabilities and people who are heavy. This issue must be prioritized before we have a tragedy.”

“Emergency landings and emergency evacuations occur several hundred times annually often due to smoke or fire in the cabin. The latest incident showed confusion and panic after a fire erupted in the rear of the plane,” said FlyersRights President Paul Hudson. “Needed improvements were recommended unanimously by the FAA Emergency Evacuation Advisory Rulemaking Committee in 2020. But it is up to FAA Administrator Whitaker to take action, without further delay.”

“This terrifying event is a stark reminder to the FAA to move forward with updated, safer evacuation standards and seating dimensions that reflect current air travel conditions,” said Erin Witte, director of consumer protection at Consumer Federation of America. “We urge the FAA to take the opportunity provided by Congress in the Reauthorization Act to publicly commit to addressing these issues.”

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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’s Child Labor Coalition praises the Biden Administration’s proposed rule to protect indoor and outdoor workers from extreme heat

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July 3, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – The Child Labor Coalition (CLC) strongly supports the Biden Administration’s proposed rule to protect indoor and outdoor workers from extreme heat. The U.S. Department of Labor announced the rule on July 2. The CLC is chaired by the National Consumers League (NCL) and has 37 organizational members, including numerous farmworker organizations and nonprofits. Both the CLC and NCL are members of the national Heat Stress Network, organized by Public Citizen.

Read the full proposed rule.

While the proposed rule does not recommend age-specific guidelines for child or teen workers, they would benefit greatly from OSHA-mandated heat-related safety protections. Extreme heat can lead to heat stroke, injuries, illnesses, and even death.

Exemptions to U.S. child labor law allow children in agriculture to work at age 12, and, in some cases, even younger, and those exemptions allow them to work unlimited hours, when school is not in session.

Reid Maki, director of child labor advocacy at the Child Labor Coalition, emphasizes the dire conditions faced by outdoor workers: “Farm workers perform physical labor in high heats without the benefit of shade. They work long hours under the hot sun with temperatures well exceeding 90 degrees, sometimes over 100 degrees without a break. They risk passing out, heat stroke, and death. We are most worried about children and teens. There is no doubt that putting rules in place will save lives.”

“President Biden and Acting Secretary of Labor Julie Su have taken an important first step,” says Maki. “The proposed rule provides a pivotal opportunity to have a national conversation and develop comprehensive OSHA regulations to protect workers across many industries. We strongly urge the Department to add specific protections for children working in agriculture. We know that children are at increased risk of heat illness.”

The Protect Indoor and Outdoor Workers from Extreme Heat rule proposes several critical measures to address worker safety:

  1. Heat Risk Evaluation: Employers would be required to evaluate heat risks and develop comprehensive plans to mitigate these risks, especially when temperatures exceed 90 degrees.
  2. Rest Breaks and Hydration: Mandatory rest breaks and access to drinking water are key components to ensure workers stay safe and hydrated.
  3. Acclimatization Protocol: Employers must develop protocols to help new employees or those returning from vacation or sick leave adjust to the heat during their first week back.
  4. Heat Illness and Emergency Response Plan: This includes appointing individuals to implement heat emergency procedures, instructions for transporting affected employees to emergency medical facilities, and procedures for responding to signs of heat-related illness or heat stroke.

The proposed rule extends to indoor work environments as well, ensuring that workers in hot indoor settings are also protected. However, the proposed rule specifically excludes professions such as firefighters and emergency response teams.

Employers would also be required to provide training, implement procedures to respond to heat-related illnesses and take immediate action to assist workers experiencing symptoms of heat emergencies.

Summer heatwaves are upon us, and while many of us retreat to air-conditioned spaces, countless workers endure the blistering sun and soaring temperatures. For those laboring in the fields, on construction sites, and in other outdoor environments, extreme heat can be deadly. Record-breaking temperatures across the United States create life-and-death situations for outdoor workers, and each year, thousands of workers suffer from heat-related illnesses and hundreds die.

Whether working indoors or outdoors in high heat, the signs and symptoms of heat-related illness are the same and include weakness, dizziness, headaches, nausea, fevers, overheating, and muscle cramps. According to the Mayo Clinic, workers are encouraged to exercise caution when temperatures are between 80 and 90 degrees (Fahrenheit) and extreme caution when they are between 90-103 degrees. Temperatures higher than that are considered dangerous.

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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 supports table saw safety standard proposed by the Consumer Product Safety Commission

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December 8, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League (NCL) submitted comments to the Consumer Product Safety Commission (CPSC) this week on the Commission’s proposed rule to require a safety standard for all table saws. The “Safety Standard Addressing Blade-Contact Injuries on Table Saws” proposal is projected to prevent more injuries and save more money than any rule ever proposed at the agency.

“NCL applauds the CPSC for moving toward a final rule to make table saws safe and to prevent the over 50,000 injuries – many of them finger amputations – that occur each year from table saw accidents,” said NCL CEO Sally Greenberg.

Pam Gilbert, NCL Board member and former Executive Director of the CPSC noted, “The matter of table saw safety has been an ongoing concern of the CPSC and National Consumers League for more than a decade; we believe this rule would finally bring much-needed safety technology to this ubiquitous woodshop tool found in millions of US households.”

Previous voluntary standards have been ineffective in preventing injuries, thus the need for this mandatory safety standard using proven effective technology that prevents serious injuries from table saws. Indeed, a 15-year trend analysis (from 2004 to 2018) of table saw injuries showed no reduction in table saw injuries from 2010 to 2018, despite the fact that a voluntary standard that became effective in 2010 required new table saws to be equipped with modular blade guard systems.

The Commission expects that the proposed rule would prevent or mitigate an estimated 49,176 injuries treated in hospital emergency departments or other medical settings per year and that net cost benefits, even when factoring the cost of the technology, would range from $1.28 billion to $2.32 billion per year.

The proposed rule would limit the depth of cut of a table saw to 3.5 mm or less when a test probe, acting as surrogate for a human finger or other body part, contacts the spinning blade at an approach rate of 1 m/s. CPSC staff estimated that the proposed rule would prevent or mitigate the severity of 54,800 medically treated blade-contact injuries annually.

To read the views of woodworkers themselves, this YouTube link tells first-hand accounts, some of which have been included in NCL’s comments. One is below:

“My father cut all four of his fingers off with a Radial arm saw years ago. Three fingers are bolted back together so he can only move them at the knuckle, the index finger was lost due to infection. He had to have a skin graft on all his fingers pulled from his thigh, so they now all grow hair so he has to shave them otherwise they grow hair. In airports, he always sets off the metal detectors. When I was looking at table saws about 8 years ago it was between the sawstop contractor (hybrid wasn’t out yet) and Powermatic 3hp cabinet. My father was with me at the time while I was a teenager at woodcraft. One look at his hand and it was obvious which saw I walked out with. 8 years later I still use the Sawstop contractor saw and it looks just like when I bought it, Its a fantastic investment and probably the only one that is relatively easy to justify to your wife. “

As Commissioner Rich Trumka, himself a woodworker, observed in his comments “…[t]he rule would provide the greatest net benefit to society of any rule in the agency’s history that I’m aware of—up to a $2.32 billion net benefit every year.”

The National Consumers League fully supports this Proposed Rule and greatly appreciates the years of dedication and work from the CPSC’s engineers, statisticians, and economists and the leadership of CPSC Chair Alex Hoehn Saric in moving this to the top of the Commission’s agenda.

NCL’s comments can be found 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 applauds CPSC’s vote on a historic table saw safety rule that could save up to $2.32 billion and prevent 50,000 grave table saw injuries each year

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October 20, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League applauds the Consumer Product Safety Commission’s (CPSC) 3-1 vote on October 18, 2023, to move forward towards a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year and cost the health care system upwards of $2.3 billion a year.

“We thank Chairman Alex Hoehn Saric for his leadership and Commissioners Richard Trumka Jr. and Mary Boyle for their support,” said NCL’s CEO Sally Greenberg. “NCL has been working to get requirements for safer table saw designs since 2008. This is a very welcome development for a product that is so ubiquitous in American homes, while at the same time posing such a grave danger of injury. Over 20 years, table saws have injured one million people.”

NCL Board member and former Executive Director of the CPSC, Pamela Gilbert, noted that this vote is long overdue. “The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

NCL noted that Commissioner Trumka is seeking information from leadership at seven power tool companies, including SawStop, which already incorporates Active Injury Mitigation to prevent serious table saw injuries, as called for in the proposed rule. He seeks their views on a faster implementation period than the 3 years called for in the proposed rule. Responses to his letter are due on November 15, 2023, and will prove interesting and instructive.

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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, 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.