The National Consumers League Applauds the Reintroduction of the Treat and Reduce Obesity Act; Urges Swift Action

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

Washington, DC – Months after the Centers for Medicare and Medicaid Services (CMS) determined in a proposed rule that Medicare Part D should cover anti-obesity medications as a “medically necessary” service for people with the disease of obesity, the National Consumers League today applauded the reintroduction of the Treat and Reduce Obesity Act (TROA) in the 119th Congress as a critical step towards realizing this goal.  

Introduced in the Senate by Senators Bill Cassidy (R-LA) and Ben Ray Lujan (D-NM), TROA aims to advance obesity care for older Americans by expanding access to intensive behavioral therapy (IBT) beyond the primary care setting and by allowing Medicare Part D to cover FDA approved anti-obesity medications (AOMs), including new injectable drugs called GLP-1s (glucagon-like peptide-1 receptor agonists). As such, TROA’s passage would end discriminatory and out-of-date Medicare policies and remove one of the biggest obstacles impeding access to quality obesity care by ensuring Medicare beneficiaries with obesity will have the same access to GLP-1s as those prescribed these drugs for treatment of type 2 diabetes and cardiovascular disease.  

When TROA was first introduced during the 113th Congress in 2013, 37.7 percent of adult Americans, or one in three adults, were living with obesity, and the American Medical Association responded by officially recognizing obesity as a serious disease requiring treatment. Now, obesity affects 41.9 percent of US adults  – more than 100 million people – which makes obesity the most prevalent chronic disease affecting Americans, significantly eclipsing the other most prevalent chronic diseases: heart disease, diabetes, chronic kidney disease, cancer, chronic lung disease, Alzheimer’s Disease, and stroke. Even more significantly, more than 230 medical conditions are directly linked to overweight and obesity, meaning these diseases worsen as the degree of obesity increases. Thus, obesity today is responsible for an estimated 400,000 deaths a year and costs the US economy an estimated $1.72 trillion annually. 

Also of note, the science of obesity treatment has changed significantly since the Medicare Part D program went into effect in 2006, resulting in new therapeutic agents, such as GLP-1 drugs, that can help people lose up to 20 percent of their weight in 26 months. Calculating the potential savings resulting from better health outcomes when obesity is treated, studies are beginning to project the potential savings to the economy from covering obesity medications. One recent study published December 5, 2024, in JAMA Network Open, estimated that a 10 percent weight loss resulting from obesity treatment saved $2,430 in reduced medical expenditures, and for a 25 percent weight loss, the reduction in health expenditures is $5,444 per person.  

Besides these reasons, the National Consumers League welcomes the reintroduction of TROA as a way that Congress can drive nationwide adoption of the Obesity Bill of Rights, issued by NCL and the National Council on Aging (NCOA) in 2024. The Obesity Bill of Rights defines quality obesity care as the right of all adults and establishes eight essential rights, including the right for older adults to receive quality obesity care and the right to coverage for the full range of treatment options so Americans with obesity will get the care specified in medical guidelines.  

Accordingly, NCL looks forward to working with Senators Cassidy and Lujan to build support for TROA and to working with the sponsors of the companion House bill, which will be introduced soon. At a time when so much is at stake for the health of older adults, TROA can be a catalyst for Congress to help older adults realize these rights and improve the standard of care for millions of Americans with obesity.  

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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.    

Nancy Glick

World Food Safety Day 2025 is a call to action

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By Nancy Glick, Director of Food and Nutrition Policy

Most Americans know about Earth Day and World AIDS Day. But World Food Safety Day, an observance established by the World Health Organization (WHO) and celebrated around the world on June 7, largely goes unnoticed in the U.S.  

This is why the National Consumers League is flagging June 7 as a day when consumers should stop and think about the importance of preventing foodborne illnesses. Each year, this collection of diseases sickens an estimated 48 million people in the U.S., resulting in 128,000 hospitalizations and 3,000 deaths, according to the  Centers for Disease Control and Prevention (CDC). The toll in costs to the nation is as much as $90 billion annually in medical expenditures, lost productivity, and premature deaths.  

Foodborne illness is not a new problem. Since NCL’s founding in 1899, the organization has been fighting to protect Americans from exposure to the harmful bacteria, viruses, parasites, and chemical substances in food that cause foodborne illness. We helped expose the unsanitary practices of the meat-packing industry, which led to the passage of the Pure Food and Drug Act in 1906, laying a foundation for the nation’s first consumer protection agency, the Food and Drug Administration (FDA). We also championed the passage of the Federal Meat Inspection Act of 1906 (FMIA), a landmark law aimed at guaranteeing meat is slaughtered and processed under sanitary conditions and ensuring adulterated or misbranded meat and meat products are not sold in interstate and foreign commerce.  

After these successes, NCL focused on pesticide residues in food, putting pressure on lawmakers to protect consumers from impure, improperly labeled products by passing the first pesticide legislation in 1910. We next fought to establish the Environmental Protection Agency (EPA) and to enact the Food Quality Protection Act in 1996, which set stricter safety standards for pesticide residue levels in food.  

Then came the infamous 1993 foodborne illness outbreak when people ate undercooked hamburgers at Jack-in-the-Box restaurants in Washington state, Idaho, California, and Nevada. The hamburger meat was contaminated with E. coli O157: H7 bacteria, a potentially deadly strain, and the pathogen severely sickened approximately 700 people, caused 171 hospitalizations, and killed four young children.  

This tragedy propelled NCL and other consumer and food safety organizations to fight to transform meat and poultry inspection and many things changed.
E. coli O157: H7 was declared an adulterant in raw ground beef, triggering a mandatory testing program for the organism in federally inspected plants and retail stores. The FDA issued rules requiring that the food industry follow a food safety management system called Hazard Analysis Critical Control Point (HACCP) that identifies, evaluates, and controls hazards throughout the food production process, from raw materials to the finished product.  

Later, with the passage of the Food Safety Modernization Act in 2010, the FDA ushered in a series of food safety regulations and new systems, such as the proficiency testing program that integrates the FDA’s Food Emergency Response Network (FERN), the nation’s food laboratories at the local, state, and federal level that collectively test food for pathogens and contaminants to prevent foodborne illness. Similarly, the USDA’s Food Safety and Inspection Service (FSIS) published a proposed rule to require poultry producers to use new technologies for early detection of foodborne pathogens to keep Salmonella-contaminated chicken carcasses and poultry parts from entering the market. 

But, even with these developments, the nation is not where it should be to keep the food supply safe. In late 2024, an E. coli O157:H7 outbreak linked to romaine lettuce sickened 89 people across 15 U.S. states, resulting in 36 hospitalizations and one death. The FDA investigated the outbreak and traced it to romaine lettuce, but the agency chose not to publicly announce the outbreak, which food safety advocates believe was a failure to protect the public.  

And now, the Trump administration is taking steps that could seriously roll back food safety protections. Among the actions, the administration has laid off scientists at food safety labs and eliminated two important food safety committees comprising top scientists and researchers with expertise on regulatory standards. Additionally, the administration delayed a requirement that food companies and grocers rapidly trace contaminated food through the supply chain and pull it off the shelves. Sadly, the administration also withdrew the USDA proposed rule to reduce Salmonella risk in poultry.  

Officials at the Department of Health and Human Services have issued statements proclaiming food safety as a priority concern. But, unless there is a strong, coordinated, and comprehensive food safety system in the U.S., there will be declining public confidence in the food supply. More significantly, we are likely to witness an increase in outbreaks and illnesses that could have been prevented.  

This is not a time to hope for the best. Foodborne pathogens are widespread, and they can kill. Accordingly, NCL and many concerned consumer and food safety organizations will continue to speak out about putting the safety of the public ahead of deregulation and federal cost-cutting.  

NCL urges FDA and consumers to take action as GLP-1 shortage ends, but “infodemic” continues

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

May 22 Conclusion of Mass Compounded GLP-1s Should Bring Clarity but Confusion Reigns

Washington, DC — Despite the end of the GLP-1 shortage and May 22 FDA-issued deadline for companies to stop mass compounding of the products, the National Consumers League (NCL) is concerned that the epidemic of GLP-1 misinformation will continue to confuse consumers with fake products that can put their health at risk. Both the U.S. Food and Drug Administration (FDA) and consumers have roles to play in responding to the “infodemic.”

According to the FDA, as of today, companies should no longer mass-produce compounded GLP-1s. If they do, they will be in violation of the Food, Drug, and Cosmetics Act and may be subject to penalties, recalls, and other sanctions. While NCL understands the role of compounded drugs as customized medications created by pharmacists or physicians in individualized cases that combine, mix, or alter ingredients to meet a specific patient’s needs, like a swallowing disorder, they are not appropriate for mass production and distribution. They also pose more potential risks to patients.

Because compounded drugs do not have the guardrails, nor have they been tested in large populations, there are risks associated with them, and they therefore should never be produced on a mass marketing basis except in very limited situations where the FDA has declared a shortage of drugs in high demand. That was the case with shortages of GLP1 drugs from 2022 to several months ago, to meet the high demand.

The May 22 deadline should provide clarity for consumers who need GLP-1 medications. After this date, only products that are “FDA-approved” or have been through the FDA process and are proven safe and effective in large populations and prescribed by a medical professional should be on the market. We must ensure compounders abide by the FDA’s rules. However, NCL is concerned that the marketing of compounded and other nonlegal weight loss products will continue beyond the deadline and continue to confuse consumers and patients who are managing chronic diseases like obesity.

Our concerns are not unfounded: We recently released a national survey of perceptions of compounded GLP-1 products sold online, showing that there is significant confusion about GLP-1 products amongst women. Key findings include that more than 70% believe compounded GLP-1s are only on the market if they have been tested and proven safe, and more than half (53%) think compounded GLP-1s have received FDA-approval. Neither of these claims is true.

For the sake of consumers across the country, we urge the FDA to enforce federal law and its long-standing safety-guided standards for compounded products now that GLP-1 products are no longer in shortage. We also call on consumers to take the following steps to learn the facts about GLP-1s and understand what’s FDA-approved, what’s fake, and what might put their health at risk:

  1. If a product says, “Doctor Approved,” and not “FDA-Approved,” it is likely a compounded versions of GLP-1s that are not permitted after May 22: if you see them, it’s a red flag.
  2. Educate yourself by going to The Weight Truth website (https://nclnet.org/weight-truth/),
  3. Be aware that FDA-approved GLP-1s are not available in gummy, chewable, patch, nasal, or sublingual forms.
  4. Ask the healthcare provider or company selling you the GLP-1 if it’s the FDA-approved brand product. You can also reach out to the FDA-approved manufacturers to determine whether you have authentic medicine.
  5. Report fake GLP-1s to us through The Weight Truth website (https://nclnet.org/weight-truth/

In addition to raising awareness amongst consumers about the misinformation surrounding compounded GLP-1s, NCL is also reiterating its appeal to Congress to pass the Treat and Reduce Obesity Act (TROA), a critical piece of legislation that will allow more older Americans to be treated with FDA-approved anti-obesity medications under the Medicare program.

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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. 

America’s second obesity crisis is an infodemic of disinformation about GLP-1 weight loss drugs

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

The National Consumers League Launches a New Mobilization, “The Weight Truth,” to Combat the Infodemic of Disinformation Surrounding GLP-1 Drugs; New White Paper Identifies Nine Priorities for Action

Washington, DC – With mounting evidence that an infodemic of disinformation about GLP-1 weight loss medicines has become America’s second obesity crisis, the National Consumers League (NCL) – a leading non-profit fighting fraud in the marketplace – today released a white paper as a blueprint for policy changes to combat the flood of false information circulating online about GLP-1 products and launched an ambitious national anti-disinformation effort called the Weight Truth with the online hub, www.weight-truth.org, to drive action.

“Despite the promise of GLP-1 drugs to help Americans with obesity achieve a significant weight loss and improve their health status, an escalating ‘infodemic’ of disinformation online is causing consumers to opt for ‘cheap, easy and doctor approved’ products that may cause harm or could be fakes, “said Sally Greenberg, NCL’s CEO. “Infodemics are dangerous, which is why NCL is raising awareness of this serious health hazard and calling for a national mobilization to arm people with the facts about GLP-1s and to protect the public through legal and regulatory efforts.”

Disinformation Is Rampant
Coinciding with the end of a national shortage of branded GLP-1 medicines and the withdrawal of compounded versions from the market, the Weight Truth will help the public decode misinformation about these weight loss medicines at a time when researchers warn of an “alarming” amount of disinformation online that is sowing distrust in health institutions and encouraging consumers to opt for products promoted as “doctor approved” that FDA warns “can be risky for patients.” Consumers are also subjected to a flood of false claims about supposed new forms of GLP-1s, such as patches, shakes, gummies, drops, and versions with untested additives, without evidence that these products even work. Documenting the reach of this false information, one recent study estimated a 1200 percent increase in “violative or problematic” GLP-1-related ads between 2022 and 2024 (the time when FDA-approved GLP-1 drugs were in shortage).

New Poll Reveals the Consequences of Disinformation
Yet, the most persuasive data comes from a new NCL-commissioned survey of 1,500 women ages 18-55 fielded by Dynata, LLC in March 2025, which finds that 85 percent of women with obesity believe the false claims made in online ads. When respondents were shown a fictional ad for a compounded GLP-1 drug and were asked what the term “doctor approved” meant to them, 55 percent said the drug was “endorsed by medical professionals,” and 31 percent said the drug was “safe to use.” Reinforcing these viewpoints, 71 percent of the women polled said they believe compounded GLP-1s are only on the market if they were tested and proven safe, and more than half (53 percent) think these medications received FDA approval. Additionally, 49 percent think compounded versions have the same active ingredients, and 41 percent say the doses are the same as the branded drug. None of these perceptions are accurate.

“The Weight Truth is an essential tool that will help thousands of consumers navigate a weight loss market rife with bad actors promoting non-FDA-approved GLP-1s. People living with obesity deserve accurate information and access to safe, affordable, and effective care that allows them to succeed during their treatment journey,” said Dr. Angela Fitch, past president of the Obesity Medicine Association and Chief Medical Officer of knownwell.

Disinformation Is Dangerous and Leads to Serious Health Consequences
Underscoring why these findings of the new survey matter, NCL’s white paper – Compounding, Counterfeits, and Confusion: Confronting the Infodemic of Disinformation on Obesity Treatments – documents what happens when disinformation causes consumers to opt for medicines that the FDA does not review for safety, effectiveness, or quality before they are marketed. Regarding compounded GLP-1 drugs, patient safety advocates point to exemptions from standard product labeling requirements, which leave consumers without information on side effects, contraindications, and possible adverse effects and opens the door for marketers to tout the benefits of compounded GLP-1s without disclosing the risks. Moreover, the FDA warns that not undergoing a pre-market review increases the potential that drugs will have quality issues, such as contamination, sub- or super-potency, or incorrect dosing. Beyond compounded GLP-1s, patient safety advocates and state attorneys general point to drug counterfeiters and bad actors who put consumers at risk for harm from exposure to contaminated ingredients, undisclosed chemical agents, and dosing errors by illegally selling the active pharmaceutical ingredient (API) in GLP-1s directly to consumers online with dosing instructions.

“Disinformation about GLP-1 medications puts patient safety at risk, and The Weight Truth initiative is urgently needed to fight back. Every person affected by obesity deserves access to trustworthy, evidence-based information about their care options,” says Joe Nadglowski, President and CEO of the Obesity Action Coalition (OAC). “No one should be forced to navigate a sea of confusing or misleading claims that jeopardize their health and well-being.”

Documenting the potential health consequences from dosing errors and exposure to the wrong ingredients,
 FDA has received over 775 adverse event reports as of February 28, 2025, which includes reports of 17 deaths and over 100 hospitalizations. Moreover, poison control centers report nearly a 1,500 percent increase in calls since 2019 related to overdosing or side effects of injectable GLP-1 usage. Importantly, because most compounding pharmacies are not required to report adverse events from compounding drugs, the FDA indicates it is “likely that adverse events from compounded versions of GLP-1 drugs are underreported.

A Blueprint for National Actions
Because infodemics are dangerous, NCL’s white paper calls for collective action to combat the epidemic of false and misleading claims about GLP-1 weight loss drugs and policy changes to protect consumers during national drug shortages where there is a large mass market for these drugs. Toward this end, NCL’s blueprint identifies nine
priorities for action:

  1. Make Combating Infodemics a National Priority
    The growing threat of misinformation requires a unified national response, and NCL’s anti-disinformation initiative, the Weight Truth, can be the model for educating consumers and being a platform for clinicians, advocates, and policymakers to advance policy changes to protect consumers.
  2. Increase Coverage and Affordability of FDA-Approved GLP-1 Weight Loss Drugs
    Because increasing coverage of FDA-approved GLP-1 drugs is the best way to put a damper on an exploitative market for these products, the National Consumers League and many advocates are working to secure coverage through Medicare and state Medicaid programs and private insurers in order to help reduce patients’ out-of-pocket costs.
  3. Enforce Existing Drug Advertising Rules
    During the national shortage of GLP-1 drugs, online advertising proved effective in convincing consumers that compounded versions were essentially generic versions of branded drugs. Thus, the FDA can help stem the infodemic by monitoring content online and enforcing existing prescription drug advertising regulations.
  4. Explore a New Role for the Federal Trade Commission
    The Federal Trade Commission (FTC) has a strong regulatory framework to address deceptive marketing and ensure that advertising claims are truthful and substantiated, including health claims. Since FTC is taking aim at food companies that are developing “GLP-1 friendly” products, there is an opening for the FTC to take enforcement actions against companies that make false or misleading claims about GLP-1 drugs and to assert that supplements, gummies, patches, and related products are not forms of GLP-1s.
  5. Increase Pharmacovigilance of Online Pharmacy Websites
    During the national shortage of GLP-1 drugs, illegal online pharmacies were actively selling semaglutide without
    a prescription and shipping unregistered and falsified products. These pharmacies pose a major threat and should be a focus for enforcement efforts by the FDA and state boards of pharmacy.
  6. Intensify Federal and State Efforts to Protect Consumers from Counterfeiters

Counterfeit products are entering the U.S. supply chain. As identified by the FDA, the Federal Bureau of Investigation, and many state Attorneys General, key areas for enforcement are sellers using online app-based platforms to supply consumers with GLP-1 products containing insulin or “animal grade” ingredients and illegally selling the active pharmaceutical ingredient (API) in GLP-1s directly to consumers.

  1. Implement Labeling Rules for Compounders
    Not having labeling information on side effects, contraindications, and possible adverse events leads patients to underestimate the risks of compounded drugs and potential dosing errors. Given the millions of consumers who may take compounded drugs if/when there is another large and prolonged national drug shortage, the same labeling rules should apply to both branded and compounded copycat drugs during a shortage.
  2. Require Compounders to Submit Adverse Reactions Reports to FDA

Adverse event reports are often the way the FDA learns of safety issues with compounded drugs, which is why the agency should have accurate information on safety issues during a national drug shortage.

  1. Require Compounders to Disclose Information on the Composition and Distribution of Compounded Drugs

Currently, compounders are not required to disclose the source of their Active Product Ingredient (API), the main ingredient in making compounded GLP-1s, nor report the number of doses sold. Having access to this information during a national shortage will improve surveillance efforts and build trust in the integrity of compounded products.

“Everyone requires accurate information to make health care decisions that are best for ourselves and our families, and we rely on regulators to protect us from misleading claims about medical products,” said Michael C. Barnes, Counsel to Aimed Alliance. “The FDA, state boards of pharmacy, and state attorneys general can and should take enforcement action against suppliers of unapproved drugs and deceptive advertisers. Aimed Alliance supports NCL and federal and state health and safety officials’ efforts to protect consumers in the health care marketplace.”

About the Weight Truth Initiative

To combat false information circulating online about GLP-1 products, NCL commissioned new opinion research and consulted with leading obesity specialists, disinformation authorities, law enforcement officials, and regulatory experts to assess the infodemic, understand how the unregulated marketplace for GLP-1s operates, and determine what can be done to protect the public through education and policy change. Based on this assessment, NCL developed the Weigh Truth initiative, including an online hub – www.weight-truth.org – to arm people with the facts about GLP-1s and advance policies to prevent exploitative markets from operating during national drug shortages when there is a large mass market for compounded drugs.

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About 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 West Virginia lawmakers for food dye/additives ban bill 

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

Washington, DC – The National Consumers League (NCL) applauds West Virginia lawmakers for the passage of House Bill 2354. This bipartisan legislation amends the State Code regarding adulterated food and drugs, banning harmful food additives and dyes in processed food products sold in the state. Among the banned substances are Red Dye No. 3, Yellow Dye No. 5, Butylated Hydroxyanisole (BHA), Propylparaben, Red Dye No. 40, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3 – all deemed unsafe for consumption.

The bill passed the House on February 28 with a 93-5 vote and was introduced to the Senate. Last week, the Senate amended the bill, and now it must return to the House for a vote to concur with the changes. If the House passes the amended legislation it will go to the Governor’s desk to be signed into law. If enacted, the legislation would ban food products containing the colors in school nutrition programs beginning on Aug. 1, 2025, and then extend to all food sold statewide on Jan. 1, 2028.

“West Virginia is leading the way in protecting public health by banning dangerous dyes and additives from its food supply,” said NCL CEO Sally Greenberg. “It’s well known that these synthetic dyes and additives pose serious health risks, and the Mountain State is showing others how to take bold action to safeguard their residents.”

In December, NCL also urged the FDA to issue a federal ban on Red No. 3, a petroleum-based colorant known to cause cancer in laboratory animals. The FDA issued the order to revoke authorization for the use of FD&C Red No. 3 on January 15, 2025. Manufacturers who use the dye in food and drugs will have until January 15, 2027 (food and supplements) or January 18, 2028 (ingested medications), to reformulate their products.

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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.

Nancy Glick

Preventing foodborne illness is worth the investment

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By Nancy Glick, Director of Food and Nutrition Policy

“We’re not going back” is a rallying cry not usually associated with food safety policy. But if the Trump Administration heeds the call from the trade association for the processed meat industry to withdraw a needed proposed food safety rule, Americans will indeed go back to facing preventable foodborne illness outbreaks. 

The rule in question – to allow USDA’s Food Safety and Inspection Service (FSIS) to establish standards that will keep Salmonella contaminated chicken carcasses and poultry parts from entering the market – comes at a time when Salmonella infections are on the rise in the U.S.  According to data from the Centers for Disease Control and Prevention (CDC), Salmonella bacteria cause over 1 million human infections in the United States each year, putting more Americans at risk for serious illness, including fever, bloody diarrhea, and sometimes life-threatening complications. Moreover, CDC estimates that foodborne Salmonella causes 29 illnesses for each case that is detected – meaning significantly more people are getting sick than records show.  

The National Consumers League (NCL), as part of the Safe Food Coalition, praised FSIS for issuing the proposed rule in January 2025, as did many public health and medical societies. Why? One reason is because chicken is a major source of illness from Salmonella, causing an estimated 195,634 illnesses each year at a cost of $2.8 billion annually, according to Consumer Reports. In fact, CDC estimates that about one in every 25 packages of chicken at the grocery story are contaminated with Salmonella.  

The other reason is the good news. Today, advances in technology make it possible for inspectors to rapidly detect and mitigate Salmonella and other foodborne pathogens throughout the poultry supply chain. Thus, the FSIS rule is predicated on new technologies for early detection of foodborne bacteria.  

But, the Meat Institute, speaking for the $227.9 billion meat and poultry processing industry, has asked the Trump Administration to withdraw the rule as a way to reduce “burdensome” regulations. The group says the new FSIS rule, which was three years in the making, will “add cost to the production and supply of food, exacerbating food price inflation to the detriment of consumers.”  

However, NCL actually speaks for consumers, and we challenge this position. Polls show that Americans favor stronger food safety oversight. In a 2022 survey, 74 percent said it would be worth a 1 to 3 percent increase in the cost of food to pay for added safety measures.  

Moreover, Americans recognize that foodborne illness has widespread consequences, both in terms of people’s lives and costs to society. Starting with the human toll, CDC estimates that 48 million people get sick, 128,000 are hospitalized and 3,000 people die each year from foodborne diseases. In terms of the cost to the economy, a study by researchers from USDA’s Economic Research Service puts the cost to the economy at $75 billion (in 2023 dollars) annually, which includes medical care, lost productivity, and premature deaths, including those associated with secondary chronic illnesses.   

For all these reasons, Americans are not willing to give up food safety protections for the possibility of saving a few pennies when buying poultry products. Instead, consumers – along with public health officials and infectious disease specialists – are calling on the Trump Administration to finalize enforceable safety standards for poultry products as part of the new “Make America Healthy Again” initiative because the FSIS rule will result in safer food and fewer illnesses.  

NCL urges the public to heed warnings about unregulated versions of GLP-1 weight loss drugs

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

Washington, DC — As an organization with a long history of helping the public avoid fakes and unregulated products, the National Consumers League (NCL) is urging consumers and health professionals to heed the warning from the Food and Drug Administration that compounded versions of GLP-1 (glucagon-like peptide-1 (GLP-1) receptor agonists) drugs now widely promoted on television and online are not FDA approved and may cause serious health problems.

Because studies show that FDA-approved anti-obesity medications (semaglutide and tirzepatide) can help individuals achieve significant weight loss, demand for GLP-1s has surged, prompting supply shortages and consumers to seek alternative ways to obtain these drugs because many health plans do not cover GLP-1s. This dynamic first opened the door for compounding pharmacies to sell non-identical versions of GLP-1 drugs under specific FDA regulations that apply when there is a shortage. Yet now, consumers are navigating a largely unregulated marketplace where numerous actors – telehealth companies, med-spas, illegal online pharmacies, and others – are marketing untested compounded GLP-1 drugs or actual counterfeits that, according to the FDA, may contain incorrect dosages, the wrong ingredients, too much, too little or none of the active ingredients, and possibly bacteria.

Underscoring the potential health consequences from dosing errors and exposure to the wrong ingredients, the FDA has received 607 adverse event reports related to compounded versions of semaglutide and tirzepatide as of November 24, 2024, many of which involve life-threatening and even deadly consequences. This includes approximately 10 deaths and over 100 hospitalizations from compounded semaglutide alone.

Besides the potential health risks, the National Association of Boards of Pharmacy (NABP) warns that illegal online pharmacies are selling substandard or falsified GLP-1 agonists without holding the required pharmacy licensure and without requiring a valid prescription. In fact, NABP has identified thousands of websites that promote the illegal sale of GLP-1 agonists, including sites that are connected to domain names that include GLP-1 drug’s brand names, including Ozempic and Wegovy. Additionally, NCL is aware of new research reported in the JAMA Health Forum, which finds that many websites for mass-produced compounded GLP-1 drugs do not include information about the drugs’ adverse effects, warnings, and contraindications, including hospitalizations, and use misleading language suggesting the compounded product is FDA-approved or equivalent to an FDA approved GLP-1 drug.

Recognizing that incorrect beliefs about obesity, misinformation about treatment options, and restrictive insurance policies keep Americans from getting quality obesity care, NCL and the National Council on Aging issued the first Obesity Bill of Rights for the nation, which establishes The Right to Accurate, Clear, Trusted, and Accessible Information as essential for informed decision-making. In furtherance of this right, NCL urges Americans to follow this advice from the FDA and obesity medicine specialists regarding compounded GLP-1 drugs:

  • Be aware that a compounded drug for obesity is not a copy of an FDA-approved GLP-1 drug. There are differences in how the different medicines are produced and often, the ingredients are different. Further, unapproved drugs have not gone through the FDA’s rigorous review process to ensure safety, effectiveness, and quality.
  • Before seeking treatment with an injectable GLP-1 drug, talk to your doctor or health provider to determine if you are a candidate for treatment with a GLP-1 based on your risk factors and degree of obesity. Also, ask questions about the differences between FDA-approved innovator drugs and off-brand compounded versions.
  • Because GLP-1 drugs are serious medicines that carry risks as well as benefits, it is best to obtain a prescription from your doctor or a health professional you know and fill the prescription at a state-licensed pharmacy.
  • In situations where you choose a telehealth option, beware of prescribing practitioners who do not take your personal history, do not diagnose the degree of obesity with appropriate evaluation measures, or prescribe a GLP-1 drug without ongoing monitoring.

Before ordering a compounded GLP-1 drug through an online pharmacy, follow the FDA’s tips to spot the warning signs that the website may be unsafe, such as the online pharmacy is not licensed in the US or by a state board of pharmacy and offers deep discounts that seem too good to be true.

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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. 

Nancy Glick

A New CMS Rule Could Be a Gamechanger for Adults with Obesity

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Nancy GlickBy Nancy Glick, Director of Food and Nutrition Policy

If the story of combatting the nation’s obesity epidemic were a movie, it would be Groundhog Day.

Year in and year out, for over a decade, advocates and obesity specialists worked to get changes in federal policy. They pressed to get bills passed in Congress, drafted white papers, published research findings in medical journals, held roundtables and briefings, and sent letters and emails to policymakers over and over. But, using the Groundhog Day metaphor, the same day would start again.

Until now. Just as the protagonist in Groundhog Day changed his way of thinking and got the girl, the Centers for Medicare & Medicaid Services (CMS) changed its thinking to recognize obesity as a distinct and serious chronic disease requiring treatment. Based on this reinterpretation, CMS published a potentially game-changing proposed rule to establish the treatment of obesity as a medically necessary service under Medicare and Medicaid and allow Part D coverage of FDA-approved anti-obesity medications (AOMs), including new injectable drugs called GLP-1s (glucagon-like peptide-1 receptor agonists), as a result.

However, better obesity care is not a movie, and the proposed rule, while a major development, is not a final action. Before Medicare and Medicaid beneficiaries can get treated with new anti-obesity medicines, the agency must go through a formal rulemaking process to finalize the proposed rule, including receiving and analyzing comments from individuals and organizations concerned about obesity. This process is now underway, and the obesity community is coming out in force to urge CMS to update its Medicare and Medicaid coverage policy for AOMs based on medical evidence that obesity medications treat the disease of obesity and are not merely agents for “weight loss.”

As the organization that partnered with the National Council on Aging (NCOA) and leading obesity specialists across the country to develop and issue the first Obesity Bill of Rights for the nation, NCL submitted comments as the voice of the nation’s consumers and urged CMS to finalize the proposed rules for these reasons:

There Is a Widespread Scientific Consensus That Obesity Is a Distinct Chronic Disease – CMS’s reinterpretation of Medicare Part D policy is grounded in extensive medical evidence that obesity is not a cosmetic condition but a distinct and serious chronic disease requiring treatment. Reinforcing this recognition of obesity as a distinct disease state, major medical organizations now consider obesity a chronic disease due to its complex biological mechanisms and potential for significant health complications. This includes the American Medical Association, American Association of Clinical Endocrinologists, American College of Endocrinology, and all the leading obesity and nutrition organizations.

Obesity Is the Nation’s Most Prevalent Chronic Disease and Is Directly Linked to Numerous Chronic Diseases –Today, obesity affects 41.9 percent of US adults – more than 100 million people – which makes obesity the most prevalent chronic disease affecting Americans, significantly eclipsing the other most prevalent chronic diseases: heart disease, diabetes, chronic kidney disease, cancer, chronic lung disease, Alzheimer’s Disease, and stroke. Even more significantly, more than 230 medical conditions are directly linked to overweight and obesity, meaning these diseases worsen as the degree of obesity increases. Thus, obesity today is responsible for an estimated 400,000 deaths a year.

The Cost of Obesity Is Too High and Everyone Is Paying the Price – Obesity, due to its role in causing or worsening chronic disease, accounted for 47.1 percent of the total direct and indirect costs of treating chronic conditions in 2016. Accordingly, some estimates put the national cost of obesity at $1.7 trillion a year –more than what Social Security paid in retirement benefits in 2022.

Compared to Other Serious Chronic Diseases, Obesity Goes Largely Undiagnosed and Untreated – The Obesity Bill of Rights was issued to transform obesity care in the US at a time when obesity remains largely undertreated with costly repercussions in high rates of obesity-related diseases and preventable deaths. Reflecting this reality, only 30 million of the more than 100 million Americans living with obesity in 2022 received a diagnosis of obesity, and only around 2 percent of those eligible for anti-obesity medications were prescribed these drugs. Although multiple factors are responsible for this pervasive gap in obesity care, the most pernicious are access barriers that keep people with obesity from getting the care they need, whether through the exclusion of obesity treatments in many insurance plans, restrictive insurance practices that delay or deny treatment, or out-of-date government policies.

New Anti-obesity Medications Are Safe and Effective and Result in Savings From Improved Health Outcomes – As noted in the CMS proposed rule, there have been major advances in understanding and treatment of the disease of obesity since the Medicare Part D program went into effect in 2006, resulting in new therapeutic agents, such as GLP-1 drugs that can help people lose up to 20 percent of their weight in 26 months. Calculating the potential savings resulting from better health outcomes when obesity is treated, studies are beginning to project the potential savings to the economy from covering obesity medications. One recent study published December 5, 2024, in JAMA Network Open estimated that a 10 percent weight loss resulting from obesity treatment saved $2,430 in reduced medical expenditures, and for a 25 percent weight loss, the reduction in health expenditures is $5,444 per person.

The comment period for the CMS proposed rule closes soon, and then it will be up to the new Trump Administration to finalize this important rulemaking. It is our hope that the new team at CMS will make this a priority. Simply put, this important change in CMS policy will make a significant difference in the lives of millions of Americans.

NCL applauds FDA for taking action on front-of-package nutrition labeling

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

Washington, DC – On behalf of the nation’s consumers who are looking for better information to make healthier food purchases, the National Consumers League (NCL) applauds the Food and Drug Administration for issuing a proposed rule to require a standardized front-of-package (FOP) nutrition label on most packaged foods.

Intended to provide accessible, at-a-glance information when consumers are choosing what foods and beverage products to buy, the proposed FOP nutrition label, in the form of a “Nutrition Info” box, would prominently disclose whether the food/beverage contains high, medium or low amounts of saturated fat, sodium and added sugars per serving. As such, consumers will have a new tool to reduce their consumption of these nutrients and thereby lower their risk for obesity and diet-related chronic diseases that are responsible for a million deaths each year.

NCL, along with many consumer, nutrition and public health organizations, have been pressing for FOP nutrition labeling for decades, based on the experiences in 16 other countries where this front-of-package information has been successful in influencing healthier food purchasing decisions.

Now that the rule has been published, NCL urges the incoming Trump Administration to finalize this important rulemaking in the public interest. Taking this step would be an important way to make America healthy, a goal of the Trump Administration.

NCL has been at the forefront of food safety since 1899 and remains dedicated to advocating for clear food labels to help consumers make informed decisions. We believe in clear, truthful, and comprehensive food labeling, including ingredients, nutritional information, and any potential allergens. Our more than 125 years of advocacy have helped shape numerous historic policies and regulations that govern food safety and labeling today.

Below is an example of a FOP food label:

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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.

Statement on the need for the CMS Rule on Coverage of Obesity Medications

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Media contact: National Consumers League – Lisa McDonald, lisam@nclnet.org, 202-207-2829

Washington, DC – We, the undersigned organizations, are enthusiastically supportive of the proposed rule by the Centers for Medicare & Medicaid Services (CMS) to align coverage policy to reflect the prevailing medical consensus that obesity is a chronic disease. We urge the incoming administration to finalize this policy through the rulemaking process. By extending access to obesity medications for people living with obesity who lack access to comprehensive evidence-based care in Medicare and Medicaid, the proposed CMS rule would address an urgent health crisis and leading contributor to the “Unhealth” of Americans. If action is not taken, the total number of adults with overweight or obesity will reach 213 million. To achieve making America healthier, obesity must be addressed, treated and managed effectively.

Medicare Part D’s prohibition of coverage for “weight loss” medications is a major barrier for older Americans and those living with disabilities, and many dual eligible beneficiaries, to receiving medically necessary, safe, and effective FDA-approved pharmacotherapy to treat obesity. Medicare’s current categorization and restriction is outdated. It does not align with current medical evidence, standards of care or the understanding of the disease.

The CMS proposed rule would require coverage for obesity medications under Medicare and Medicaid by acknowledging obesity as a chronic condition. We wholeheartedly agree with the rule’s proposal to reinterpret these medications for the treatment of obesity, that would provide coverage under Medicare and Medicaid.

Obesity is a treatable chronic disease that plays a major factor in many other conditions such as type 2 diabetes, hypertension, heart disease, fatty liver disease, kidney disease, lipid disorders, certain cancers, sleep apnea, arthritis, and mental illness. The treatment of obesity requires a comprehensive approach including administering intensive behavioral therapy (IBT) and bariatric surgery under Medicare Part B and providing Medicare Part D coverage for Food and Drug Administration (FDA) approved obesity medications.

The obesity epidemic has had a negative impact on our nation’s health and economy. Among older adults (aged 60+), the prevalence of obesity is 42.8 percent, similar to the level among younger and middle-aged adults. More than 20 percent of the population will be 65 years of age or older by 2030, up from 15 percent today, highlighting the importance of addressing obesity among older Americans. Among Medicaid beneficiaries, the prevalence of obesity is 38 percent, while the prevalence of overweight and obesity is 70 percent among Medicaid adults.

Without treatment Medicare and Medicaid beneficiaries with obesity risk further health deterioration and an increased likelihood in the onset of complications including obesityrelated cancers, type 2 diabetes, and end stage renal disease. Additionally, people with
severe obesity have a 48 percent higher risk of physical injury including falls which lead to higher costs and mortality rates.

The new administration must take action to address this crisis, by allowing Medicare and Medicaid to offer comprehensive obesity care for the millions of Americans who need these services and treatments. This action would improve the health of individuals before they enter the Medicare program, thereby supporting better health and reducing long-term costs.

A Philip Randolph Institute
Academy of Nutrition and Dietetics
Alliance for Aging Research
Alliance for Patient Access
Alliance for Women’s Health and Prevention
American Academy of Physician Associates
American Association of Clinical Endocrinology
American College of Occupational and Environmental Medicine
American Diabetes Association
American Gastroenterological Association
American Kidney Fund
American Liver Foundation
American Medical Women’s Association
American Psychological Association Services
American Society for Metabolic and Bariatric Surgery
American Society for Nutrition
Association of Diabetes Care & Education Specialists
Bone Health & Osteoporosis Foundation
California Black Health Network
California Chronic Care Coalition
CancerCare
Caregiver Action Network
Center for Patient Advocacy Leaders (CPALs)
Choose Healthy Life
Chronic Care Policy Alliance
Color of Gastrointestinal Illnesses
ConscienHealth
Crohn’s & Colitis Foundation
DCM Foundation
Diabetes Leadership Council
Diabetes Patient Advocacy Coalition
Endocrine Society
Fatty Liver Foundation
Gerontological Society of America
Global Liver Institute
HealthyWomen
ICAN, International Cancer Advocacy Network
League of United Latin American Citizens (LULAC)
Liver Coalition of San Diego
Looms For Lupus
Lupus and Allied Diseases Association, Inc.
Lupus Foundation of America
MacDonald Center for Nutrition Education and Research
MANA, A National Latina Organization
Michigan Academy of Nutrition and Dietetics
Missouri Chapter of the American Academy of Pediatrics
Missouri Psychological Association
Movement is Life
National Alliance for Caregiving
National Asian Pacific Center on Aging (NAPCA)
National Association of Hispanic Nurses
National Black Nurses Association, Inc
National Caucus and Center on Black Aging
National Consumers League
National Council on Aging
National Hispanic Council on Aging
National Hispanic Health Foundation
National Hispanic Medical Association
National Kidney Foundation
National Psoriasis Foundation
Nevada Chronic Care Collaborative
Obesity Action Coalition
Obesity Care Advocacy Network
Obesity Medicine Association
PAs in Obesity Medicine
RetireSafe
Society for Women’s Health Research
Society of Behavioral Medicine
STOP Obesity Alliance
The American Society for Preventive Cardiology
The Mended Hearts, Inc.
The Obesity Society
WomenHeart
YMCA of the USA

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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.