Coronavirus and food safety: What you need to know

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow

Perhaps some of the only good news about the Covid-19 is that food is not the primary way that the virus can be spread. According to Harvard Medical School, “We are still learning about transmission of COVID-19. It’s not clear if this is possible, but if so, it would be more likely to be the exception than the rule. That said, COVID-19 and other coronaviruses have been detected in the stool of certain patients, so we currently cannot rule out the possibility of occasional transmission from infected food handlers. The virus would likely be killed by cooking.”

Great, but not all foods can or are intended to be cooked – think of deli meats, cole slaw, potato salad, cheeses, salads, fresh fruits and vegetables, breads, pastry, butter, cream cheese; so if the mainstay of a deli or restaurant is “fresh” foods, spreading the virus is a real threat if the right precautions are taken.

And COVID-19 has made us all keenly aware of the importance of wiping surfaces and washing hands frequently, especially when handling food. We also know that COVID-19 can’t typically be transmitted from food or from food packaging. But we do have suggestions.

Food safety measures one should take:

  • Wash your hands the right way: Use plain soap and water- skip the antibacterial soap, scrub the backs of your hands, between your fingers and under your nails for about 20 seconds, if you need to time yourself sing the chorus of your favorite song twice. Rinse your hands, and then dry them with a clean towel. Remember to wash your hands often especially since COVID-19 lives on surfaces for an extended period.
  • Wash surfaces and utensils after each use: Wash cutting boards, utensils countertops with hot, soapy water, especially if you had raw meat, seafood, poultry or eggs on these surfaces. Don’t cross contaminate!
  • Remember it is very important to wash your dishcloths in a hot cycle of your washing machine, sometimes we forget this key element to food safety.
  • Learn more from FoodSafety.gov.

Food safety is paramount in our day-to-day lives – it’s so important that we take the necessary steps not to expose ourselves – whether eating in a restaurant or cooking at home, to COVID-19. Remember eat healthy, nutritious foods and take all the steps needed in preparing a safe meal for you and your family.

Idaho Patient Act a model for other states for protecting consumers from medical debt

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I spent a week last month in Boise with two members of the staff of Melaleuca—a company that makes more than 400 nutritional, cleaning, personal care, and cosmetic products—making lobbying visits to the Idaho legislature. Katie Hart and Jay Cobb work for Frank Vandersloot, CEO of Melaleuca. Vandersloot is a highly successful, conservative businessman who is committed to protecting Idaho residents from abusive medical debt collection practices after discovering that one of his employees was hit with thousands of dollars in bills—including hefty lawyers’ fees and court costs—based on a $294 medical debt that she couldn’t even identify. The stark reality is that 50 percent of bankruptcies in America are caused by medical debt. He was championing a bill called the Idaho Patient Act, House Bill 515.

Many people believe federal law provides broad protections for people in debt. While the federal Fair Debt Collection Practices Act (FDCPA), enforced by Federal Trade Commission, makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts, it doesn’t address how debts are calculated or curb predatory fees, penalties and court costs.

NCL has worked with Melaleuca for several years, first to fight a bill in Congress that would have essentially legalized pyramid scheme activity. Last October, I flew to Melaleuca headquarters in Idaho Falls to meet nearly half of the state’s legislators who came to town as part of their tour of businesses in Idaho. At that gathering, Vandersloot discussed his hope to pass a bill to address these predatory collection practices, aiming his fire at the practice of ginning up the cost to patients of medical debts with thousands in lawyers’ and court fees; often patients have no idea where the debt is from and debt collectors aren’t required to provide that information to them. The Idaho Patient Act addresses that issue.

Vandersloot also puts his money where his mouth is: not only did he propose a legislative remedy, he and his wife Belinda created a $1 million fund to provide legal counsel to Idahoans who have been hit with these attorney bills. Consumer advocates like NCL have been working for decades to curb the excesses of this industry. But to see  a conservative CEO take on this issue gives the effort a new push.

Sticking up for the little guy is not out of character for Vandersloot. He spoke with the same fervor when we worked together fighting a bill that would have legalized pyramid schemes. In neither case was there any financial reward coming to Melaleuca—Vandersloot took a stand on this issue because he felt it was the right thing to do. Though we may disagree on a host of other matters, on this we are aligned and that is a good thing for vulnerable consumers. Strange bedfellows are a big advantage when it comes to getting things done in the political arena.

Katie Hart has been wisely deployed to live and work in Boise while the legislature is in session and navigate this important bill through the complicated legislative process. She’s a smart and charismatic lawyer—she and Jay Cobb, an expert strategist, could teach Lobbying 101: they’ve met with the Idaho Hospital Association, Idaho doctors, insurance companies, and the Idaho trial lawyers and revised the bill to address their concerns. 

Specifically, the Idaho Patient Act proposes the following:

  1. All health care providers must submit all charges for procedures performed to an insurance carrier within 45 days.
  2. Within 60 days, the patient must receive a summary of services rendered during treatment and recovery, including the names and contact information for all entities that may be billing the patient separately, such as an individual doctor.
  3. All providers must then send a final statement with a total amount owed by the patient after insurance. The bill must correspond with the original list of services.
  4. Health care providers must wait 60 days after sending the final notice before charging a patient interest on an outstanding bill and hiring a collection agency. They must wait 90 days from the final statement before they take “extraordinary collection actions,” which means a lawsuit, or reporting a patient to a credit bureau for failure to pay.
  5. Finally, in medical debt cases that result in litigation, the legislation limits the amount attorney fees and costs that can be shifted to the patient to $350 for uncontested cases and $750 for contested cases. Currently, there is no official cap for fees that can be charged to delinquent patients by collection agencies and their representing lawyers.

In Boise, my first order of business was to register in the Idaho capitol building as a lobbyist, even though I was only going to be there for the day.  We wanted to do everything by the book! For $11 the Secretary of State’s office put me into the system and off we went.

Jay Cobb explained that Idaho is very conservative where rules or regulations are frowned upon. Of the 70 members of the Idaho House, 56 are Republican and some of those lean far right. 14 are Democrats. Of the 35 members of the Senate, only 7 are Democrat. The Governor is Republican, as is the Secretary of State and the Attorney General.

Katie and Jay have been working for months with elected officials, revising the bill without compromising its impact, and last week the measure was  reported favorably from the House Business Committee by a 15-2 vote (after a 5 hour hearing with many witnesses and terribly sad stories). Adding to the challenge of getting this bill enacted the second Vice Chair of the Republican Party in Idaho, and a member of the Idaho legislature were adamantly opposed to the legislation because as their egregious medical debt collection practices were epicenter of the problem.  Now the bill goes to the full House and over to the Senate.

While in the state house, we met with Senator Grant Burgoyne, a democrat who has provided legal representation to the collections industry. His observation? this bill would rein in “bad actors,” and the collections industry as a whole doesn’t oppose it. Senator Michelle Stennett, a democrat from Ketchum, told us about the challenges of getting what she thought were reasonable measures out of committee in Idaho because members are so loathe to pass any laws. The longest serving Democratic House member told us she believes the bill will pass, and the very smart and entertaining newly elected Boise Representative Steve Berch, who ran five times as a democrat in a red district and finally got elected, also predicts a positive outcome for this bill.  

To cap off the day, both U.S. Senators were in the State House and I had the chance to say hello to one of them, Senator James Risch (R-ID) and meet his DC staff.

The calculus changes when a conservative CEO with political clout backs a bill to offer protections to consumers who -through no fault of their own -have medical debt. Thanks to Frank Vandersloot, Katie Hart and Jay Cobb and the whole team at Melaleuca for making their case to the Idaho legislature so persuasively.

We hope this bill gets enacted in Idaho. If it does, the law will become a template for other states to put reasonable guardrails around collection of medical debt and offer some much-needed consumer protections. And maybe we can even hope that Vandersloot’s willingness to use his clout and bully pulpit to speak out on behalf of those who have no voice will be emulated by other CEOs.

Postscript

On March 9, the Idaho Senate passed the Idaho Patient Act 32-1. On March 16 Idaho Governor Brad Little signed the bill into law.

Congratulations to Frank Vandersloot, Melaleuca’s CEO, to his talented team of Katie Hart and Jay Cobb, and to all the members of the Idaho state legislature, who stood up for consumers and understood that one in seven Idahoans struggle with medical debt.

To quote the words on the Hanukkah dreidel, “A great miracle happened there.”

Coronavirus: Keeping yourself and your family well-fed in a crisis

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow

Social distancing, isolation, and general uncertainty about the coronavirus have made many rightly concerned about feeding their families during this historic pandemic. Food is very much top-of-mind for most Americans at this critical time. Here are some tips we can offer consumers.

Some of us haven’t stocked our pantry, and we don’t cook much at home. This is a good time to start doing both. My pantry at home is always stocked because I have a toddler who always wants food and snacks. But it’s a good practice generally, and now we are reminded of that more than ever.

From The Washington Post, here are some tips for keeping the pantry stocked so that, in the event of an emergency, you have some options without having to leave the house:

  • Pick a weekend day. Involve the whole family, and make large batches of different dishes so there is variety. Some suggestions: turkey chili, green chili, pasta sauces, and soups or stews—all of which freeze well.
  • Pack them in pint-size containers so that you can take out just what you need for a meal
  • Remember to stock up on frozen vegetables; they have as good or better nutritional value as fresh, since they are flash-frozen at their peak, right after being harvested. If you do not have a big freezer, then opt to stock up on root vegetables. They last longer.
  • Make meals that are nutritious and provide good energy. Many grocery stores are out of stock or running low on stock of rice and pasta. Hugo Ortega, chef and owner of Blackstreet, offered this suggestion to The Post: mix Masa Harina (ground, nixtamalized corn flour better known as Masa), with water, stretch it in the palm of your hand, fill it with stewed vegetables, meat, cheese or anything really and cook it on a cast iron pan. For those that do not know, masa flour is equivalent to pasta, so if you cannot find pasta in your grocery store this is an option—and it’s delicious.

Chef Ortega also hopes that this forced hibernation will encourage people to cultivate fresh food themselves: fresh rosemary that you can grown near a your window or a tomato plant at your back door or on a balcony.

So make a trip to the grocery store—but consider doing so at an off-peak time, and follow the CDC’s advice for going into public safely—and stock up your pantry, cook your family’s favorite dishes, and store them in your freezer. There’s never been a time where we needed to be more prepared, and you’re sure to enjoy the experience with family!

NCL statement: Thank you, quarantine workers

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March 18, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832 

Washington, DC—The National Consumers League joins with our fellow Americans, friends, colleagues, and families in as we adapt our lives to address the health crisis caused by COVID-19. NCL has long been a consumer and patient advocate and we strongly support research, scientific programs, and policy solutions to address diseases across the board.

We want to take this moment to say “thank you” to the thousands of public health servants going into the hospitals, doctors offices and clinics and working on the frontlines to save millions of lives. We rely and depend on their vast knowledge, dedication and commitment to treating sick patients, and we want to specially thank them during this unprecedented national health crisis.

We also thank so many other workers – those in drug stores, grocery stores, Post Offices, the food delivery drivers, taxi, bus and subway drivers, utility workers keeping our electricity, gas, and water systems intact. We owe all of them a debt of gratitude as so many of us are able to work from home; we depend on all of you and thank you for your service to the nation.

We also join with colleagues in the healthcare advocacy community to thank infectious disease specialist Dr. Anthony Fauci for his extraordinary and selfless leadership in this battle against the spread of the coronavirus.

Join us on social to say #ThankYouDrFauci.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneering 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 crackdown on sham coronavirus cures

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March 17, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, today applauded the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) for cracking down on vendors selling purported “cures” for the deadly coronavirus. In letters sent to seven companies, the agencies rightly warned that companies seeking to profit off of the “high level of anxiety” consumers are experiencing due to the coronavirus outbreak may be violating federal consumer protection statutes.

The following statement is attributable to Sally Greenberg, Executive Director of the National Consumers League:

“Americans are right to be concerned about the spread of the COVID-19 coronavirus. Unfortunately, there are charlatans out there seeking to make a buck selling snake oil ‘cures’ for this deadly virus. These scammers are defrauding consumers of money they will need to weather the coming economic storm. Even worse, consumers who believe these fake cures will ward off or cure the coronavirus may delay obtaining needed medical care with potentially deadly results for themselves and those around them. That is why we are so grateful to the leadership shown by FTC Chairman Simons and FDA Commissioner Hahn in putting these purveyors of false hope on notice.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneering 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.

COVID-19 is here and thriving, and ‘flattening the curve’ is the only way forward

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Nissa Shaffi

Like most Americans, you probably feel besieged by the rapidly evolving developments surrounding COVID-19. The spread of this novel illness has led to drastic measures to contain the virus and protect public health, and the question on everyone’s mind is how bad is this going to get? The short answer: we don’t know. The long answer: COVID-19 is going to disrupt our lives in the coming weeks, if not days, and its overall impact will be realized for months to come.

A lot has happened since I last wrote on COVID-19, so let’s unpack the most recent events:

On March 11, the World Health Organization (WHO) officially designated COVID-19 as a pandemic, which is defined as the worldwide spread of a new disease.

On March 13, President Trump declared a national emergency in order to release $50 billion of funding to fortify efforts to combat the spread of COVID-19. With more than 4,100 (and counting) active cases of COVID-19 in the United States, more than 40 states have declared states of emergency.

On March 14, the House passed the Families First Coronavirus Response Act (H.R. 6201), with sweeping bipartisan support. H.R. 6201 aims to respond to the COVID-19 outbreak by expanding access to free testing, extending the Family Medical Leave Act, allocating $1 billion in food aid, and extending sick leave benefits to vulnerable Americans.

On March 15, the White House Coronavirus Task Force announced that the nation is entering a new phase in testing for COVID-19, which will increase the capacity and throughput of testing across the country.

So, why exactly has the disease spread so quickly? The issue lies with the fact that the government has grossly mismanaged critical response efforts for COVID-19. This is in part due to initial faulty tests distributed by the Centers for Disease Control and Prevention (CDC), which contained technical manufacturing issues, yielding incorrect results.

Once the CDC identified the error, it promised prompt redistribution of new tests – a process that unfortunately took six-weeks to rectify, catalyzing the silent and effective spread of the virus. Amid these series of planning failures, the Trump administration has falsely claimed that anyone who wants a test can obtain one. Yet, concerned patients across the country have complained that they have been denied tests, due to either unavailability or shifting guidance from the CDC regarding who should be diagnosed, treated, and tested.

We now face the reality that we are catastrophically behind in terms of testing and identifying individuals carrying COVID-19. To put this in perspective, South Korea conducts more tests in one day (10,000), than the United States has in the past two months (5,000-8,000).

We must now accept the sobering truth that these delays have enabled patients with an unknown COVID-19 status to serve as vectors to the disease in their communities. Johns Hopkins Professor, Marty Makary, estimates that for every person that has tested positive for COVID-19, there are 25-50 potential new cases. Makary speculates that, at present, there are potentially 50,000 to 500,000 active (undetected) cases of COVID-19 in the United States.

The promising news is that we’ve entered a new phase in COVID-19 response efforts. The CDC traditionally reserved the right to develop new diagnostic tests. However, in the time of COVID-19, this has severely limited the potential to capture the full impact of the outbreak. On Sunday, the White House Coronavirus Taskforce announced that newly forged public and private partnerships would expand testing for COVID-19 significantly.

To aid in critical response efforts, the Food and Drug Administration (FDA) has approved high throughput testing, which will significantly increase capacity for testing to hundreds of thousands of individuals per day. We can expect 2 million tests to be available across 2,000 labs nationwide, starting this week.

There are currently labs in every state that have been approved to conduct COVID-19 testing. In order to ebb further contamination, drive-through testing centers have been established in seven states, with more expected to pop up in the coming weeks.

The CDC has released very specific guidance regarding how to pursue testing for COVID-19, should you suspect that you have the illness. Symptoms may appear 2-14 days after exposure, and they may include fever, cough, and shortness of breath. If you have these symptoms and suspect that you may be infected, the most important thing to do is to first call your doctor or local health care facility. This will assist your health care provider in properly triaging you without risk of contaminating others.

Over the past few days, you’ve probably heard the words “social distancing,” “self-quarantine,” and, most importantly, “flattening the curve.” In the coming days, we will witness increased cancellations of sporting events, public gatherings, and closures of entire school systems until the spread of the virus tapers off or declines.

It’s all part of a nationwide effort to curb the spread of the pandemic. These measures are extreme – something we haven’t experienced in our lifetimes – but they serve to prevent huge cohorts of people from getting sick all at once, which will wreak havoc on the healthcare system. Now that we have ramped up testing efforts, the number of active cases will arise. Flattening the curve will help delay the spread of disease, as we identify the true incidence of the illness.

We are in a critical time in our nation’s history, and we must all do our part in protecting our communities from further spread of COVID-19. If you have COVID-19, please click here to learn about how you can ensure its containment.

Lastly, if we had a vaccine against the Coronavirus, none of these dire steps would be needed because we’d all get vaccinated. NCL has long championed the effectiveness and safety of vaccines, often in the face of anti-vaxx zealots – we can’t help but be struck by the irony. Everyone wants a vaccine! We are heartened to know that many companies are working to develop antiviral therapies to help combat the spread of COVID-19. Pfizer, for example, has issued a five-point plan to aid scientists in developing treatments to help address this crisis.

The National Consumers League commends the efforts of the CDC, FDA, and other public health agencies in containing and mitigating the impact of COVID-19. Whether its 4 weeks or weeks, we all must make social sacrifices – whatever we must do to contain the virus. These are short windows in the scheme of things, and they will head us in the right direction. Stay healthy and follow CDC guidance on how to protect yourself and your community from COVID-19.

NCL commends House passage of anti-tobacco bill

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March 3, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832 

Washington, DC—The National Consumers League (NCL) applauds the passage by the House of Representatives of the Reversing the Youth Tobacco Epidemic Act of 2019 (H.R. 2339), legislation that aims to address youth smoking and e-cigarette crisis. NCL supports the work of the Association of Black Cardiologists, Black Women’s Health Imperative, National Medical Association, National Black Nurses Association, and the National African American Tobacco Prevention Network—among others—all of whom have helped advance this bill.  

According to the National Youth Tobacco Survey, 5 million youth reported having used e-cigarettes, 1 million of which reported daily use. There has been a 78 percent increase in consumption of e-cigarettes among high school students and a 48 percent growth in consumption among middle school students. The proliferation of e-cigarettes in the marketplace has jeopardized decades of progress made by smoking cessation advocates.

For generations, tobacco companies have disproportionately targeted the African American community with advertisements for tobacco products that appear on average, 10 times more in African American neighborhoods than anywhere else. The most staggering example of this is highly addictive and harder-to-quit menthol cigarettes, which have long been marketed to the African American community. Even more concerning is that seven out of ten African American youth smokers ages 12 to 17 smoke menthol cigarettes. 

H.R. 2339 aims to revise requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (ENDS), such as e-cigarettes and similar devices. The bill will address the deceptive marketing practices deployed by e-cigarette companies that lure and entice young people with their packaging. The legislation views e-cigarettes as on par with traditional tobacco products under the law and makes it clear that selling tobacco products to children, in any modality is illegal.

“The National Consumers League applauds Rep. Frank Pallone (D-NJ) and Rep. Donna Shalala (D-FL) for their leadership on this legislation,” said NCL Executive Director Sally Greenberg. “We urge the Senate to join in this fight to help end efforts by tobacco and e-cigarette companies to target vulnerable communities nationwide with biased marketing tactics.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneering 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.

 

Understanding the rapidly emerging disease, Coronavirus

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Nissa Shaffi

On January 30, the World Health Organization (WHO) designated the Coronavirus as a global health emergency. The virus first emerged from a seafood and poultry market in Wuhan, Hubei Province of China, in December 2019. Since then, it has paralyzed several cities around the world, metastasizing into a global public health and economic crisis.

Coronavirus, officially renamed COVID-19 by WHO, is a member of a large family of viruses that can cause illnesses ranging from the common cold to more severe, life-threatening conditions. Coronaviruses are transmitted between animals and people (zoonotic). There have been only two prior coronaviruses that have exhibited zoonotic transmission, which include the Middle East Respiratory Syndrome (MERS) and Secure Acute Respiratory Syndrome (SARS).

COVID-19 is a novel coronavirus that has not previously presented in humans. With nearly 80,000 confirmed cases across 37 countries—which resulted in over 2,700 deaths—WHO warns that COVID-19 is likely to become a global pandemic. Nancy Messonnier, director of CDC’s National Center for Immunization and Respiratory Diseases, cautioned that the spread of COVID-19 in the U.S. is inevitable and could cause severe disruptions to everyday life.

Here’s what you need to know about COVID-19 

Risk Factors

Based on surveillance of COVID-19 thus far, it appears that the virus is nondiscriminatory, and anyone could be at risk for contracting the virus.

Symptoms

According to the CDC, the incubation period for COVID-19 may range from two to 14 days, and symptoms include high fever, cough, and shortness of breath. In more severe cases, the virus develops into pneumonia, which presents the most danger.

Transmission

The method of transmission is suspected to be from person to person via droplets resulting from breathing, coughing, or sneezing. The virus is also suspected to be transmitted via contaminated surfaces. WHO recommends maintaining a distance of at least one meter (three feet) between yourself and anyone who presents the symptoms mentioned above.

Precautions

WHO recommends regular hand washing with either an alcohol-based gel or soap and water to prevent the spread of infection. Individuals should also cover their mouth and nose when coughing and sneezing and should avoid close contact with anyone showing similar symptoms of respiratory illness. Additionally, while getting the flu shot cannot protect you from contracting COVID-19, it does protect you from the flu, a condition that has a far higher mortality rate than COVID-19.

Travel

The Centers for Disease Control and Prevention (CDC) has advised that older and at-risk travelers limit travel to Japan, Italy, and Iran, where the disease is rapidly gaining ground. CDC has also explicitly advised against all non-essential travel to South Korea and China. For more information on CDC’s travel advisories, please click here.

Although the rapid spread of the disease is concerning, the promising news is that the number of new cases in China has dropped–indicating that aggressive interventions deployed by health officials in the region are working. While there are international efforts underway to develop treatments for COVID-19, there is currently no vaccine to prevent the disease. According to the CDC, the best way to prevent contracting the virus is to avoid exposure. For more information on prevention against COVID-19, click here and here.

New study says Chipotle management presses workers to work sick and skip food safety practices, creating health risks for consumers

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February 6, 2020

“The Unsavory side of ‘Food with Integrity.’ ” report details management practices that lead to worker abuses and call into question protocols Chipotle put in place after recent food safety crises

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

New York — After dozens of outbreaks of foodborne illness incidents over the past four years, Chipotle gave lip service to reforms in their work practices, but the fast-casual restaurant has continued to engage in management practices that lead to abuses of workers that may create food safety risks for consumers, a new study says.

Scores of employees interviewed for the study reported management pressure to work fast without following proper food safety procedures, such as:

  • One worker being pressured to work while sick, even after the worker vomited partway into his shift;
  • Undercooked chicken being served to a customer because the grill cookout in place had not been properly trained;
  • Workers pressured to work so fast that during lunch and dinner rushes, they often flipped over  chopping boards used to cut raw meat, and reused the boards without washing them;
  • One worker who cooked food had to clean feces off the floor or ceiling of a bathroom multiple times without hazmat suit or adequate protection equipment;
  • Pressure to work without stopping, with no time left to wash their hands for hours on end.

In the report, “The Unsavory Side of ‘Food with Integrity,'” workers told researchers that their managers often knew when supposedly independent audits were coming because other managers or field leaders who have undergone inspection often tip them off. Workers reported that managers relax rules outside of inspection periods and tightened up adherence to food safety protocols when inspections are imminent.

“The findings of this report call into question the effectiveness of measures that Chipotle put in place to solve their food safety crises of a few years ago,” said Sally Greenberg, executive director of the National Consumers League, which co-authored the report. “If Chipotle executive management and the Food Safety Advisory Council are responsible for making sure that this program is implemented effectively to keep the public safe, they have been asleep at the wheel.”

The National Consumers League, America’s pioneering consumer advocacy organization which has been representing consumers and workers on marketplace and workplace issues since their founding in 1899, undertook the study after SEIU Local 32BJ brought the organization information from field organizers about what were learning about practices that could affect consumer food safety from Chipotle workers they were supporting in their organizing efforts.

Organizers and researchers spoke to hundreds of workers, then undertook formal interviews with 47 workers at 25 stores in New York City. These interviews and statements form the basis of the report, which also included analysis of a variety of corporate filings, press reports, and other publicly available documents.

“We chose to blow the whistle on these practices and abuses because our Chipotle managers did not listen to us,” Jeremy Espinal, a Chipotle worker, said. “It’s a pressure-packed workplace where supervisors intimidate you and retaliate against you.”

“I am speaking out because I want to make Chipotle a better place to work and a better place for customers to eat,” Jahaira Garcia, another Chipotle worker, said. “This job is how I support myself, how I help my father out with expenses at home and how I am able to partly pay for my school fees.”

32BJ President Kyle Bragg thanked the National Consumers League for working with the union and thanked the workers for their courage.

“I believe that these workers are Chipotle’s best assets,” Bragg said. “They can put the integrity back into ‘food with integrity.’ Give them a voice on the job and they will help Chipotle achieve the lofty ideals of its marketing.”

Report findings include:

  • Managerial pay incentives that promote cutting food safety corners:  managers can earn up to an additional 25% of base pay by meeting performance goals that include reducing labor costs, creating a highly pressurized work environment. This bonus program may incentivize managers to meet productivity goals by cutting corners on food safety or by violating worker protection laws.
  • Ineffective store audits: Worker interviews revealed that general managers frequently know when supposedly independent audits are coming because other managers or field leaders who have been inspected often tip them off. Workers reported that managers have relaxed rules following outside of inspection periods and tightened up adherence to food safety protocols when an audit is imminent.
  • Pressure to work sick: New York-based workers reported that managers have pressured crew members to work while sick or retaliated against workers for taking paid sick leave.
  • Minimal training: Despite the substantial skills needed to safely prepare Chipotle’s fresh food menu, many new hires receive minimal training and “learn as they go” from co-workers who may not have received much training themselves.

“As chairman of the New York City Council Public Health Committee, this is deeply troubling to me,” said New York Councilmember Mark Levine. “Risk of contagion should not be aggravated by an aggressive incentive structure that encourages managers to abuse workers and cut food safety corners. The public needs to know more and Chipotle needs to change their policies. That is why I am calling for a public hearing in the Council. I encourage Chipotle workers and consumers to come forward to discuss these issues. I also invite the company to be there to engage in this conversation.”

Nick Freudenberg, distinguished professor of Public Health at the CUNY Graduate School of Public Health & Health Policy and Director of the CUNY Urban Food Policy Institute, discussed Chipotle’s history of food borne disease outbreaks.

In 2015 and 2016, Chipotle was rocked by a series of food safety crises that sickened hundreds of customers across the country and included exposure to virulent pathogens like E. coli, salmonella, and norovirus, resulting in vomiting, pain, and in some cases hospitalizations. Despite claiming major food safety reforms instituted in 2016 to recapture consumer confidence, the company continued to have food-borne illness problems in 2017 and 2018, including an Ohio outbreak in which 647 people were sickened.

Despite Chipotle implementing an “enhanced food safety program” in 2016, the City’s Department of Health found 260 critical violations at 74 out of 84 restaurants from 2017 to 2019. Critical violations are those most likely to pose “a substantial risk to the public’s health” and lead to food-borne illness. The critical violation examples found by health inspectors include food left at dangerous temperatures that allow for the growth of pathogens, practices that allow for the contamination of ready-to-eat foods, evidence of various pests, and stores supervised by managers without a certificate in food protection. Just two weeks ago, the City cited a Chipotle restaurant where they found a crewmember working while “ill with a disease transmissible by food or [an] exposed infected cut or burn on [their] hand”.

Worker advocates and community groups were surprised by the findings and expressed support for Chipotle workers:

“Chipotle has not only acted duplicitously—championing a mission of integrity and freshness in public while speeding up production and cutting corners behind the counter—the company has created added risks for workers and consumers in the pursuit of profits,” said Ana Maria Archila of the Center for Popular Democracy. “Outlined in this report are issues that range from cautionary to alarming. Will Chipotle wait for another outbreak before they take corrective action—or will they take action ‘with integrity’ now to reduce potential harm?”

“This report is vital to understanding that the exploitation of workers in the food industry does not just impact workers and their families, it impacts everyone, including consumers,” Suzanne Adely of the Food Chain Workers Alliance said. “Chipotle and all food service workers deserve fair working conditions. Denying them basic, humane rights like sick days, proper healthy and safe working spaces, cannot be justified. Exploiting food workers for profit does not only harm workers and their families, it harms everyone, including consumers.”

“Chipotle is another example of worker safety and consumer safety being undermined together,” said Charlene Obernauer of the New York Committee for Occupational Safety and Health (NYCOSH). “Chipotle has a legal responsibility to provide a safe and healthy workplace and they need to take the appropriate steps to make this possible.”

“This report details how Chipotle’s low-road labor standards and incentives for managers to cut corners are endangering the dining public,” said Paul Sonn, State Policy Program Director for the National Employment Law Project. “Chipotle needs to recognize that investing in its workforce with stable, quality jobs is essential for delivering a safe and healthy dining experience for its customers.”

“We are deeply concerned with the workplace issues, especially that of forced arbitration described by Chipotle workers in this study,” Deborah Axt of Make the Road said. “We stand with Chipotle workers, the majority of whom are workers of color and many of whom are from communities like the ones our members are from, in calling for company-wide reforms and a commitment to invest in a stable workforce.”

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About 32BJ SEIU

With 175,000 members in 11 states, including 85,000 in New York, 32BJ SEIU is the largest property service workers union in the country.

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.

New National Consumers League podcast We Can Do This! explores current, historic socioeconomic reform in America

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January 16, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering worker and consumer advocacy organization, has launched a podcast called We Can Do This!, produced by District Productive and hosted by NCL Executive Director Sally Greenberg and other members of NCL policy staff. 

In We Can Do This!, NCL and justice-minded, expert guests explore current socioeconomic issues at the heart of American political and cultural battles before a backdrop of the historic and ongoing advocacy and activism that help pave the way for meaningful policy reform. 

We Can Do This! episodes span the breadth of NCL’s wide mission and issues, including; healthcare, data and privacy, food and nutrition, labor, finance, and other topics. 

A first batch of episodes featuring individuals who are helping to shape the nation’s social and economic reforms have been released:   

E1-2: Crashing through the glass ceiling with two dynamos of women’s rights law—parts 1-2 

With Judith Lichtman, president emeritus and senior advisor of the National Partnership for Women and Families and Marcia Greenberger, founder and co-president of the National Women’s Law Center 

E3: Ending the scourge of child labor 

With Kailash Satyarthi, anti-child labor crusader and Nobel Laureate 

E4: Measles, it ain’t over until it’s over 

With Dr. Linda Fu, general pediatrician at Children’s National Health System 

E5: Sorry, fair pay and a safe workplace aren’t on the menu 

With Diana Ramirez, federal senior policy advocate at Restaurant Opportunities Center (ROC United) 

These five episodes are available now on Apple Podcasts and Google Podcasts, and the remainder of the 11-episode series will be released in early 2020. 

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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.