Fighting for fairness: The Obesity Bill of Rights

In terms of the number of people it affects and the serious health problems it creates, obesity is the most significant chronic disease in human history. And yet, it is a disease that is too frequently undiagnosed and untreated, and leads to harsh judgments rather than understanding and care.

As a physician who has devoted my career to addressing the disparities affecting obesity sufferers, I am grateful for the work of the National Consumers League (NCL) in communicating the message that people who have this disease matter and that they have the right to quality healthcare without enduring discrimination or bias.

This argument can’t be made strongly enough. Obesity is a disease that people wear. You can’t look at someone and tell if they have cancer, high blood pressure, or diabetes. Often, you can look at someone and determine that they have obesity, and that leads to negative assumptions about their lifestyle instead of an acknowledgment that they have a chronic disease requiring treatment.

NCL and the National Council on Aging demonstrated essential and invaluable leadership by creating the first-ever Obesity Bill of Rights, defining the core requirements for people with obesity to receive person- centered, quality care. They established, for example, the right to respect from all members of an integrated care team, the right to treatment from qualified health providers, the right to receive care in settings that allow for privacy and the use of size– and weight– accessible equipment and diagnostic scans, and the right to coverage for treatment with access to the full range of treatment options for the patient’s disease.

These organizations put muscle behind their message by creating the Right2ObesityCare, a grassroots movement focused on ensuring that these rights are incorporated into medical practice.

As NCL CEO Sally Greenberg said very well when the Obesity Bill of Rights was announced, “For too long, adults with obesity have encountered a healthcare system that is working against them. They have been stigmatized, discriminated against, not treated with respect by their health providers, and have faced significant hurdles and burdensome requirements to receive obesity care.”

This commitment to health equity remains critical at a time in which 1 billion people worldwide and more than 100 million in the United States are living with obesity. This is a disease for which, too frequently, the economic haves and have-nots in our society have significant differences in care and coverage. There are novel therapies— GLP-1 agonists like Ozempic and Trulicity, for example—that can improve blood sugar control and lead to weight loss. Those in the higher socioeconomic strata have generous health insurance plans that cover these drugs. In contrast, those who struggle financially don’t have access even though they tend to have higher obesity rates.

If we’re to address a disease of this extraordinary magnitude, then these inequities must be addressed.

This is, in fact, a disease so far-reaching that it can’t be solved by just one breakthrough therapy or one effective medicine. This will require a multifaceted approach involving virtually every sector of our society and multiple industries. Most of all, it will take vision and leadership to keep making the point that obesity patients matter and that they require care, not judgment.

NCL is providing that voice, and its actions will continue to be critical in combating this ongoing healthcare crisis.

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Dr. Fatima Cody Stanford is an obesity medicine physician, scientist, educator, and policymaker at Massachusetts General Hospital and Harvard Medical School. She is a sought-after expert in obesity medicine, who bridges the intersection of medicine, public health, policy, and disparities

NCL’s ongoing role in food safety reform

Protecting the safety of our food supply is vital. Failure to do so could have disastrous consequences—leading to product recalls; food shortages; worsening hunger; and, in some cases, consumer illness or death. It has been one of my greatest priorities throughout my time in Congress, and in looking for a partner in this ongoing effort to strengthen our food safety systems, it only made sense for me to work with an organization that has been doing this, and doing it very successfully, for a very long time. I am proud to call the National Consumers League (NCL), a true and trusted partner in our fight to protect consumers and our nation’s food supply.

Food safety has been a central pillar of NCL’s work throughout its 125-year history. At the beginning of the 20th century, during President Theodore Roosevelt’s Administration in 1906, NCL played a critical role in the passage of the Meat Inspection Act and the Pure Food and Drugs Act, a historically important effort to address the unsanitary food production practices of that time and protect consumer health. During that era, NCL was an influential voice in encouraging consumers to buy products made in safe factories where workers were paid and treated well.

And in the decades that followed, NCL was at the forefront of a wide range of food safety issues, from demanding adequate testing of food additives to barring insufficient and misleading labeling.

The clear and compelling voice of the NCL is needed on this issue now more than ever before. Today, one in every six Americans gets sick at some point in the year because of something they ate or drank. Three thousand people die annually, and another 128,000 are hospitalized because of foodborne illnesses. We can do better than this, but we are kept from doing so by an ineffective, fragmented food safety regulatory structure that does an inadequate job of protecting the public.

For years, Senator Dick Durbin and I have been sponsoring legislation that would streamline our current food safety system—in which 16 different agencies administer at least 30 laws regarding food—into a single, independent agency that would be in charge of all inspections, labeling, and enforcement, and would have the resources and the authority to rapidly identify and contain outbreaks of food-related disease.

NCL has been a strong and consistent supporter of this legislation and a valuable partner in advocating the reforms that will help this country avoid the kind of problems we have seen all too recently, such as, contaminated baby formula and formula shortages.

On that issue, many of us in Congress have applauded the clear vision that NCL has shared with the American public. In response to the 2022 infant formula shortage and a report from a credible whistleblower to my office, I insisted that a full investigation of the factory that produced the contaminated formula take place, that we incentivize more companies to produce infant formula so a small handful of corporations aren’t dominating the market (I have recently introduced legislation to advance this concept), and that the single food safety agency we are advocating for include a baby formula safety and supply chain expert. I appreciate Sally Greenberg and her staff for their steadfast support in this fight.

Change is never easy, especially when too many corporate interests find it advantageous to keep the status quo in place. But we have strong and capable allies on our side in this fight to ensure that the food in our refrigerators and pantries is safe. NCL has been at this for 125 years and has won a lot of major victories during that time. I have no doubt that more wins for consumers are on the horizon, thanks in large part to NCL’s hard work.

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U.S. Representative Rosa DeLauro has served Connecticut’s Third Congressional District since 1991. She is the Ranking Member of the House Appropriations Committee. 

NCL calls on FDA to ban Red No. 3 from the food supply

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

Washington, DC – The National Consumers League (NCL) anxiously awaits FDA’s final action on a citizen petition to ban Red No. 3 from the food supply, something that has been too long in coming. Red No. 3 is a petroleum based color additive known to cause cancer in laboratory animals and is now banned for used in cosmetics and externally applied drugs. Yet, the food dye is still widely used in foods and beverages consumed by children who are more susceptible to the effects of chemicals in foods. The bigger problem is that the FDA has been impeded for years in taking action against additives like Red No. 3 because Congress has not given the agency the same authority as the Environmental Protection Agency has to make safety decisions about chemical safety, nor has it appropriated the funds for the FDA to respond effectively. At a time when more than 10,000 food chemicals are allowed in foods and beverages, it is time for Congress to make food additive safety a priority and give the FDA the authority it needs.

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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 and FDA: Allies in Action

Sixteen years ago, the Food and Drug Administration (FDA) invested in the NCL’s launch of its Script Your Future initiative. It turned out to be an extremely wise use of public resources. The program is still making a difference in people’s health and lives today, providing education on the importance of medication adherence, building confidence in vaccines, offering information on alternatives to opioids, and raising awareness of drug safety and how to engage in safe drug disposal. Because of Script Your Future, more patients are knowledgeable about their medication options, including the growing field of biosimilars.

The success of this program is emblematic of the long-standing, productive relationship between the FDA and NCL. During my nearly four decades with the agency, I have greatly appreciated a partnership that has benefited all who rely on the safety and efficacy of medicines and healthy foods. I began my relationship with NCL when Linda Golodner was the organization’s CEO and have continued our collaboration with Sally Greenberg and her team.

NCL’s history as an advocate for public health is linked to the very creation of the FDA. Under Florence Kelley’s historic leadership of the League, the organization played a critical role, during President Theodore Roosevelt’s Administration, in the passage of the Pure Food and Drug Act, which, for the first time, created legal protections declaring that consumers had the right to safe products. The bill also created the precursor for what would become the FDA.

Then, just over a decade later, NCL defied not only the conventional wisdom of the time, but also staunch opposition from powerful political forces to get the Sheppard-Towner Maternity and Infancy Protection Act enacted into law. Also known as the “Maternity Act,” Sheppard-Towner became the first-ever federally funded social welfare program, providing states with federal matching funds for health clinics for pregnant women, as well as mothers and their children, visiting nurses to help care for pregnant and new mothers, midwife training, and dissemination of health and nutrition information.

When I began working with NCL early in my tenure at the FDA, it was already an organization that had established enormous credibility as a valuable ally for patients and consumers. What I found firsthand is that NCL is an honest, reliable broker on a wide range of issues and has an unwavering commitment to the well-being of consumers and workers. In our work at the FDA, NCL has been a valuable ally that has effectively advanced responsible policies on food and medication safety.

Today, NCL is continuing to build on its 125- year volume of accomplishments, focusing on the important challenges of today. NCL is providing a necessary voice on issues such as prescription drug access and affordability, stopping the spread of counterfeit medications, improving food and beverage labeling, and promoting nutrition and healthy lifestyles.

The science behind medical and food innovation is constantly and rapidly evolving, and as it does, so will the issues affecting population health and welfare. So, in addition to congratulating NCL on its 125th anniversary, I want to emphasize how important it is that we continue to have NCL shaping a future defined by health, safety, and access to the best care medical science continues to provide.

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Before her retirement earlier this year, Dr. Janet Woodcock held numerous leadership positions at the Food and Drug Administration, including Acting Commissioner, Principal Deputy Commissioner, and Director of the Center for Drug Evaluation and Research. In 2017, NCL recognized Dr. Woodcock with the Florence Kelley Consumer Leadership Award. 

FTC’s win in lawsuit against the makers of dietary supplement Prevagen

December 11, 2024

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

Washington, DC – The National Consumers League (NCL) commends the Federal Trade Commission for its successful action against Quincy Bioscience, the makers of Prevagen, a supplement marketed as improving memory. By holding companies accountable for deceptive health claims, the FTC continues to protect consumers—particularly older Americans—from misleading marketing. Quincy Bioscience is just one of many dietary supplement manufacturers with a long history of making false claims, and we are so grateful to the FTC for pursuing this case successfully.  It should serve as a cautionary tale to all companies who engage in false and deceptive marketing and advertising.  This victory reaffirms the importance of rigorous scientific evidence in health-related advertising and demonstrates the FTC’s unwavering commitment to consumer protection.

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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

The Obesity Bill of Rights: Priorities for government action

Nancy GlickBy Nancy Glick, Director of Food and Nutrition Policy

Americans need and now have an Obesity Bill of Rights for a reason: People with obesity do not receive the same concern, level of attention, and quality care as those with any other serious chronic disease.  

Put into real-life terms: Though the adult obesity rate now exceeds 42 percent – the highest level ever recorded – obesity is still viewed as a problem of lack of willpower; too many health professionals act in discriminatory ways based on people’s size; and those seeking obesity care often face exclusions in insurance plans, restrictive practices that delay or deny treatment, or are not factored into decisions regarding medicine use.   

The consequence is that only 10 percent of people with obesity get help from medical professionals and only 2 percent of those eligible for treatment with Food and Drug Administration (FDA)-approved anti-obesity medicines (AOMs) have been prescribed these drugs, meaning the disease remains undiagnosed and undertreated. Compounding the impact, untreated obesity worsens the outcomes of more than 230 other chronic diseases, which is why obesity is responsible for as many as 400,000 Americans dying from obesity annually and costs the nation $1.72 trillion a year  in direct and indirect health expenditures – more than what Social Security paid in retirement benefits in 2022. 

It does not have to be this way. 

And this is where the Obesity Bill of Rights enters the picture. Developed by the National Consumers League (NCL) and the National Council on Aging, in consultation with leading obesity specialists, the bill of rights establishes eight essential rights with the core requirements so adults will receive the same person-centered, quality care for obesity as those with other chronic conditions. As such, the bill of rights serves as a blueprint for necessary changes in medical practice and government policy, starting with actions that can happen now. 

One immediate action item is pressing Congress to pass the Treat and Reduce Obesity Act (TROA), an important legislation that will allow more seniors to be treated with FDA-approved anti-obesity medications under the Medicare program. This matter is a high priority because obesity rates have nearly doubled among older adults to include two in every five Americans ages 65 and older. 

Another priority is ensuring that health professionals have the prescribing information to effectively treat people with obesity when they are taking drugs for other conditions, such as depression, schizophrenia, infections, and cancer. The simple fact is that certain drugs work differently in people with obesity and the consequences can be underdosing, a delay in response time, or the drug remaining in the body too long, potentially causing side effects. For example, studies show the drug brexpiprazole (Rexulti®), which treats depression and schizophrenia, takes significantly longer to reach effective levels in people with obesity – and some patients never reach these levels. Fortunately, the same research provides an improved dosing regimen so all patients with obesity can achieve efficacy. 

A different challenge involves drugs like posaconazole (Noxafil®), an antifungal often prescribed by oncologists to prevent infections. Two separate clinical trials show that obesity significantly increases posaconazole’s “half-life” – a term reflecting the amount of time it takes to rid the drug from the body. Half-life is an issue with posaconazole because many oncology medications must be delayed until the drug is out of the body’s system. Thus, if the package insert does not flag this matter when patients have obesity, doctors prescribing posaconazole may not know about the increase in half-life and start using oncology medicines too soon.  

These problems are not rare, but drug labels to guide safe and effective prescribing are dismissing people with obesity. For this reason, the Obesity Bill of Rights includes language to make accurate prescribing a requirement for receiving person-centered obesity care. Moreover, because increasing research validates the consequences of “flying blind” when drugs behave differently in the bodies of people with obesity, the obesity community is raising alarm bells, supported by a position statement from the American College of Clinical Pharmacology (ACCP), which urges FDA to close gaps in the testing and approval process for new drugs intended for use by people with obesity.  

However, because more immediate action is needed, five leading obesity organizations – American Society for Metabolic and Bariatric Surgery, the Obesity Action Coalition, the Obesity Medicine Association, the STOP Obesity Alliance, and The Obesity Society – issued a joint statement calling on drug manufacturers to update their labeling immediately to provide correct usage instructions for people with obesity when there should be a difference in dosing.  

NCL stands with the obesity community in calling for this sensible action and urges FDA to be a catalyst in ensuring that health professionals have the prescribing information needed for their patients with obesity to take important therapeutics safely and achieve the maximum benefit. For more information, visit right2obesitycare.org.

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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.

Food fight: NCL lauds VP Harris’s push for fair grocery pricing amidst corporate greed

August 23, 2024

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

WASHINGTON, DC – The National Consumers League (NCL), with a 125-year history of advocating for transparency and fairness in the food marketplace, praises Vice President Kamala Harris’s focus on price gouging within the grocery industry. While critics have argued that banning price gouging is a campaign ploy and economic gibberish, NCL has long witnessed the numerous ways corporations can deceive and overcharge consumers. Harris’s plan tackles the abuses within the grocery industry head-on.

For too long, American consumers have been exploited by deceptive corporate practices that erode purchasing power and trust. Without guidelines and accountability, these practices will continue unchecked. Harris’s call to action is a shot across the bow, a powerful reminder to corporations that the Biden-Harris (and potentially a Harris-Walz) Administration is committed to addressing kitchen-table issues, like rising grocery costs.

This is not a new issue, nor is it the only issue leading to higher consumer prices at the supermarket check-out line. Price gouging, particularly during emergencies or disasters, is already regulated in thirty-seven states, with enforcement entrusted to state attorneys general. Harris’s plan would expand these protections, putting the Federal Trade Commission in charge of preventing unfair pricing tactics.

In February 2024, U.S. Representative Jan Schakowsky and U.S. Senator Elizabeth Warren reintroduced the Price Gouging Prevention Act of 2024 to combat corporate price gouging citing American families’ financial struggles amid rising grocery costs and corporate profits.  Expanding the FTC’s authority, as outlined in the Price Gouging Prevention Act, would not be considered price fixing. Rather, the proposed legislation empowers regulatory agencies to enforce fair pricing practices, protect consumers from unjustified price hikes, and promote a competitive and transparent market without interfering with lawful price setting by businesses.

Equally egregious to price gouging is the practice of shrinkflation, where companies reduce product sizes or contents while maintaining or increasing prices. The Shrinkflation Prevention Act, introduced by Senator Bob Casey and supported by the NCL, is a crucial measure to protect consumers from this form of corporate exploitation. Surveys confirm that 73% of consumers are concerned about shrinkflation, and 79% feel cheated.

Another betrayal of consumers is the lack of, or hidden, unit pricing. Unit pricing is a cornerstone of consumer purchasing, providing the cost per pound, quart, liter, or another unit of weight or volume. Unit pricing is a vital tool for budget-conscious consumers. Currently, only nineteen states and the District of Columbia have enacted unit pricing laws or regulations, according to the National Institute of Standards and Technology, leaving consumers in other states without the essential information needed to make informed purchasing decisions.

A lack of competition within the grocery industry also negatively impacts consumers. The recent FTC action to block Kroger Company’s $24.6 billion acquisition of Albertsons Companies, Inc. illustrates the negative impact of reduced competition.  The merger of these two grocery giants, who together own 5,000 stores across forty-eight states, would reduce competition, drive up prices, lower food quality, and degrade customer service. NCL believes that competition benefits consumers, ensuring they receive quality products at fair prices.

Corporate greed almost certainly plays a role in rising grocery prices. One analysis found that over half of the increase (53.9%) in prices in the nonfinancial corporate sector (i.e., companies that produce goods and services) during the height of the COVID pandemic – could be attributed to bigger profit margins. Since the pandemic, mark-ups have remained “extremely elevated relative to historic norms.” Other analyses have found similar results, with corporate profits driving 53% of inflation.

Weekly grocery bills are higher than before COVID-19, and while many factors contribute to this—including supply chain disruptions, pandemic recovery, and interest rates—the bottom line is that consumers are paying more and getting less. The U.S. Department of Agriculture reports that Americans now spend about 11% of their income on food, the highest level in 30 years. Although food prices are expected to rise by 1% this year, consumers are still reeling from last year’s 5% increase.

More work needs to be done at the federal level to understand why inflation rates and the rise in food prices are out of sync. However, one thing is clear: empowering the FTC and state attorneys general to hold companies accountable is a step in the right direction.

The notion that the market will self-correct is not just naive—it is dangerous. Without strong regulatory action, companies will continue to prioritize profits over people, especially in essential sectors like groceries, where families cannot afford price hikes or size reductions. NCL lauds Vice President Harris for taking a stand against corporate greed.

It’s time to put an end to these deceptive practices and ensure that every American has access to affordable, transparent, and fair food pricing. Vice President Harris’s plan is a bold and necessary step toward achieving that goal.

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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 and the National Council on Aging worked with health leaders and obesity specialists to establish a set of rights for people with obesity.

Nancy Glick

It’s time to care about obesity care

Nancy GlickBy Nancy Glick, Director of Food and Nutrition Policy

Every year, the calendar is full of national health observances – special months, weeks and days that raise awareness of serious diseases and health issues. While all are valuable to advance the health of the Americans, Obesity Care Week taking place March 4-8 is especially significant.

Why?  Because even though the adult obesity rate now exceeds 42 percent – the highest level ever recorded – obesity is still viewed as a problem of lack of willpower, too many health professionals act in discriminatory ways based on people’s size, and those seeking obesity care often face exclusions in insurance plans or restrictive practices that delay or deny treatment.

The consequence is that that only 10 percent of people with obesity get help from medical professionals, meaning the disease remains largely undiagnosed and undertreated.

It doesn’t have to be this way. There are a variety of safe and effective treatment options. And medical societies, including the American Medical Association (AMA), agree that obesity is a complex disease requiring ongoing quality care. The key is for society – including health professionals, insurers and policymakers – to care about obesity and agree that treatment matters. Here are the reasons why.

It is long past time for health professionals, employers, insurers, policymakers and the American public to care about obesity and work collectively to break down the barriers that prevent people from accessing proper care and treatment. This is the purpose of Obesity Care Week – to shine a light on a disease that no one has wanted to talk or think about and shift the way society views obesity and treats the disease.

Obesity Care Week is also an opportunity to call attention to the first Obesity Bill of Rights for the nation, developed by NCL and the National Council on Aging in consultation with leading obesity specialists and issued in January 2024. Starting with the recognition that obesity is a treatable disease, the Obesity Bill of Rights establishes eight essential rights so adults will receive the same level of attention and care as those with other chronic conditions and have access to all treatments deemed appropriate by their health providers. Now is the time to advance changes in federal, state, and employer policies that will ensure these rights are incorporated into medical practice.

More information about the Obesity Bill of Rights is available at: www.right2obesitycare.org.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings

A coalition of consumer, health groups – including NCL – call for nutrition, ingredient, and allergen labeling on alcoholic beverages

February 27, 2024

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

Washington, DC – A coalition of consumer and health groups is urging Treasury Secretary Janet Yellen to ensure that the agency responsible for regulating most alcoholic beverages in the U.S. – the Alcohol and Tobacco Tax and Trade Bureau (TTB) – keeps its commitment to require standardized alcohol labeling on all beer, wine, and distilled spirits products by initiating three promised rulemakings on nutrition, ingredients, and allergen labeling on an accelerated basis.

The appeal comes in the form of a February 27 letter from five leading public interest groups as TTB begins a series of “listening sessions” on labeling and advertising of alcoholic beverages on February 28. Raising concerns that the listening sessions are no more than a delay tactic to maintain the status quo and “slow walk deliberations for months,” the organizations – the Asthma and Allergy Foundation of America (AAFA), Center for Science in the Public Interest (CSPI), Consumer Federation of America (CFA), Food Allergy Research and Education (FARE), and National Consumers League (NCL) – called for TTB to publish the rulemakings by June 2024.

The Treasury Department promised that TTB would issue mandatory alcohol labeling rules in a November 17, 2022 letter in response to a lawsuit filed by CSPI, NCL, and CFA. The Department stated its intention to publish the three rulemakings before the end of 2023.

“We write … to express our dismay and serious concern that TTB has backtracked from its written undertaking of the November 17, 2022 agreement,” the groups wrote to Secretary Yellen. “TTB has, in effect, enabled recalcitrant companies by delaying indefinitely rulemakings on mandatory alcohol labeling while opting for a voluntary rule under which labeling “Serving Facts” or “Alcohol Facts” and ingredients are optional.”

Focusing on the health consequences of delaying action on alcohol labeling, the letter from advocates to Secretary Yellen describes how better alcohol labeling will benefit the 84 percent of U.S. adults who drink alcoholic beverages – 216 million people – and who currently do not have the facts about the alcohol they are consuming to protect their health and safety. Overconsumption of alcohol is a costly public health problem that has become much worse in recent years, as alcohol-related deaths have risen substantially. Among the key concerns, alcohol is involved in about 30 percent of all traffic crash fatalities in the U.S, is a source of empty calories that contributes to obesity, can impact blood sugar control in people with diabetes, and labeling can be a life-or-death matter for people with food allergies. Additionally, excessive drinking increases the risk of liver disease, hypertension, cardiovascular disease, alcohol use disorders, certain cancers and severe injuries.

“The consensus among public health and nutrition experts and consumers themselves, in favor of mandatory and complete alcohol labeling is overwhelming,” said Thomas Gremillion, Director of Food Policy at the Consumer Federation of America. “By reneging on its promise to initiate rulemakings, TTB continues to deny Americans the same helpful and easily accessible labeling information now required for conventional foods, dietary supplements, and nonprescription drugs.”

The letter to Secretary Yellen also stresses that alcohol manufacturers have the capability to put standardized Serving Facts labels on their products, when required. This is the case for products such as some hard ciders, hard seltzers, and wine coolers that are regulated by the Food and Drug Administration, which requires such products to have the same Nutrition Facts panel and ingredients statements on nonalcoholic beverages, from soft drinks to juices.

“To date, TTB has taken the position that requiring standardized nutrient content labeling on alcoholic beverages is too costly and burdensome for beverage alcohol manufacturers,” said Sally Greenberg, CEO of the National Consumers League. “However, the inconvenient truth for the industry is that some of the very same companies whose products do not include a Serving Facts statement if they are regulated by TTB already put complete alcohol labeling on their hard ciders, hard seltzers, wine coolers, and other FDA regulated wines and beers.”

Highlighting that the time has come for mandatory alcohol labeling, the letter makes clear that the agency’s current voluntary labeling rules are not working. Although the rule gives companies the option of putting “Serving Facts” or “Alcohol Facts” and ingredients information on their products, new research from the Center for Science in the Public Interest finds that most manufacturers have opted out of TTB’s voluntary program. Using TTB’s COLA database to examine the labels for 132 of the nation’s top beer and wine brands, CSPI’s study found that only 11 labels of the 65 beer brands examined (17%) and none of the 67 wine brands included ingredients lists while 18 beers (28%) and no wines used the voluntary “Serving Facts” label, and one additional beer brand carried the voluntary “Alcohol Facts” label. CSPI’s review also showed that even when serving information is included on beer and wine labels, there is no standard format for where and how the disclosures appear, making it hard for consumers to find information easily and compare different brands.

“We have the data that demonstrate that Treasury’s voluntary rule has failed to adequately improve transparency in alcohol labeling,” said Dr. Peter G. Lurie, President of the Center for Science in the Public Interest. “Ensuring that the agency ends this ineffective voluntary regime by issuing mandatory labeling rules necessitates national leadership. This is why we are appealing directly to Secretary Yellen to intercede personally to require the agency to commit to publish all three proposed rules by June 2024.”

The 2022 letter whereby TTB undertook to publish standardized alcohol content, calorie, and allergen labeling by the end of 2023 resulted from a lawsuit filed by Center for Science in the Public Interest, Consumer Federation of America, and the National Consumers League on October 3, 2022. The suit charged TTB with failing to act on a citizen petitionsubmitted to the Treasury Department in 2003 to mandate alcohol labeling. CSPI, CFA, and NCL filed the petition along with a coalition of 66 other organizations and eight individuals, including four deans of schools of public health.

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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.