Consumer Financial Protection Bureau cracks down on phony student loan assistance scams – National Consumers League

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SG-headshot.jpgIn the aftermath of the subprime loan crash of 2008, Congress enacted the Dodd-Frank Act in 2010. With that Act, the Consumer Financial Protection Bureau (CFPB) was created. Senator Elizabeth Warren (D-MA), who was a law professor at the time, conceived the idea for the bureau and compared the need for such an agency to the Consumer Product Safety Commission (CPSC), which helps protect consumers from dangerous products. In the Bureau’s case, she argued, the new entity would help guarantee the safety of financial products. The National Consumers League (NCL) strongly supported the CFPB’s launch and its value is demonstrated with every passing day. 

Most recently, the Bureau cracked down on companies that prey on college-aged adults mired in student debt. Believe it or not, these companies convince borrowers that their paid services are needed to help reduce or eliminate their loan burdens–when those services are actually available for free elsewhere. These shady debt relief companies require upfront fees to handle student debt, which can be as much as $495. They also imply that they are connected to the Department of Education, which they are not.

The CFPB’s latest target is a San Diego firm called Student Aid Institute. The Bureau found that SAI violated the law that requires that at least one debt be renegotiated before any fees can be demanded up front for debt relief services.  The company also charged a $39 maintenance fee per month! 

The Bureau, in a consent order with the company, required SAI to stop all debt relief activities and that its CEO pay a $50,000 fine. Our colleagues at the National Consumer Law Center have long identified these phony student loan-servicing firms as a big problem, and has called on the CFPB to shut them down.

The requirement that these sleazy companies negotiate at least one debt before taking an upfront fee is relatively new and very helpful. But, like other scam artists who take an upfront fee to reduce tax or mortgage liability, SAI managed to collect millions before being stopped.

NCL applauds the CFPB for its critically important work in stopping companies that prey on consumers facing debt, whether it is student loans, back taxes, or mortgages. We are reminded daily of the value of the CFPB’s work.  

NCL statement on Blankenship sentencing – National Consumers League

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April 9, 2016

Contact: NCL Cindy Hoang, cindyh@nclnet.org, (202) 835-3323

Washington, DC-The National Consumers League has issued the following statement, which may be attributed to Executive Director Sally Greenberg, on the sentencing this week of Don Blankenship, mine owner of the Upper Big Branch mine, where 29 miners were killed in 2010. Blankenship was convicted of conspiring to violate mine safety standards and sentenced to one year in prison.

The justice system was at work in the sentencing of Don Blankenship this week to one year in prison. Blankenship’s notorious management style – putting profits over the safety of workers – and creating a working environment of subterfuge, fear, and intimidation, created the conditions that lead to the deaths of 29 miners at Upper Big Branch mine. This sentence won’t bring back the lives of these hardworking miners, but it does send a message to coal operators who skirt the law: you do so at your own risk.

NCL stands alongside mineworkers, the United Mine Workers of America, and all those who labor under dangerous conditions in support of the safety and health of workers. Their welfare must never take a back seat to profits.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Quartz countertops posing threat to workers – National Consumers League

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Worker health and safety is perennial issue in America. NCL’s early leaders, Florence Kelley and Frances Perkins, fought for safety in mines, mills, and factories Both lived through the tragedy of the Triangle Shirt Waist Factory fire in 1911. Indeed, Perkins was instrumental in developing fire safety reforms with New York State officials in the aftermath of that terrible event.

In the past two weeks, two other developments demonstrated the continued importance of keeping worker safety on the front burner. OSHA, which is the federal agency charged with overseeing worker health and safety, issued long-delayed rules to sharply reduce exposure to silica among workers. NCL testified in support of the rule in 2014 and applauded the issuance of the final rule.

Secondly, a federal court sentenced Upper Big Branch mine operator, Don Blankenship, to one year in prison for his role in skirting safety laws that resulted in the deaths of 29 miners.

Related to the silica rule, The New York Times recently highlighted the plight of quartz countertop workers.

I hadn’t known that these sleek, trendy countertops found in the toniest of homes posed a risk to the workers who cut the quartz. The danger comes from inhaling silica dust, the mineral tied to silicosis, a debilitating and deadly lung disease, when the quartz is cut. In fact, quartz contains twice the amount of silica levels as marble, they are cheaper than marble and are attractive and easy to clean. But the consequences for workers are dire: In Israel, 300 quartz countertop workers have developed silicosis and 22 have had lung transplants.

The NY Times story notes that we know less about cases in the US, but a Houston quartz countertop worker whose picture is shown in the article is 39 years old and can only breathe with the help of an oxygen tank. One of the manufacturers of these countertops has threatened legal action against medical publications describing the hazards of working with quartz.

Manufacturers of quartz countertop say that the danger from inhaling quartz silica particles can be eliminated using controls like protective respirators and equipment designed to trap silica dust, like power saws that release streams of water.

We can only hope that the new silica rules issued by OSHA will protect workers in the United States who are cutting quartz for countertops. That’s precisely who the new rules are intended protect and we will be watching to see if they do the job.

Mile High City to host 2016 National LifeSmarts Championship event April 9-12 – National Consumers League

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April 8, 2016

State champion teams to face off at 22nd annual national consumer literacy scholarship competition in Denver

Contact: Carol McKay, carolm@nclnet.org, (724) 799-5392

Washington, DC — In celebration of April’s Financial Literacy Month, the National Consumers League (NCL) has announced the nearly three dozen state champion teams that have earned a spot at the 2016 National LifeSmarts Championship, which will take place starting later this week in Denver, Colorado.

LifeSmarts (www.LifeSmarts.org) is a national consumer literacy scholarship competition, celebrating its 22nd season this year, hosted by NCL, the nation’s oldest consumer watchdog organization. The 2016 National LifeSmarts Champion team will be crowned at the Embassy Suites by Hilton Downtown Denver on Tuesday, April 12.

LifeSmarts is a competitive educational program, in which teams of students begin online. Top-scorers progress to state competitions, and then state champion teams meet each April to compete in the National LifeSmarts Championship. This year’s lineup of state champion teams come from as near as Elk Creek 4-H Club, Arapahoe County, Colorado, and as far away as the Florida team from Jacksonville, which returns to defend its title as last year’s national champs.

“We are so proud of this year’s state LifeSmarts champions, who have proven themselves to be the best and the brightest of the next generation of consumers,” said Sally Greenberg, NCL Executive Director. “LifeSmarts is fun and fast, and the perfect vehicle for educating young consumers. Our program goes in-depth on the issues kids—and adults—are facing now: finances, health care, the environment, and technology.”

The 2016 National LifeSmarts Champion and other winning teams will walk away with prizes and scholarships. In addition to placing as a team, individual students have the opportunity to compete for scholarships by demonstrating knowledge in specific program topic areas. The top eight placing teams and top five individuals are recognized. Additionally, NCL will award scholarships to winning participants from its Safety Smart Ambassador program, conducted in conjunction with Underwriters Laboratories (UL), which offers high school students the opportunity to teach very young students environmental and safety in-classroom lessons as a community service.

NCL thanks the sponsors who make the program possible including Experian, UL, Western Union, LifeLock, Comcast, Google, Intuit, McNeil Consumer Healthcare, and American Express.

Consumer-savvy teens representing 31 states and the District of Columbia will compete at this year’s national event. Throughout the 2015-2016 program year, more than 100,000 teens competed online for a chance to represent their states at the 2016 National LifeSmarts Championship. Players answered more than 3 million consumer questions in the online competition.

MEDIA AVAILABILITY

When:  April 12, 2016
Where:  Embassy Suites Downtown Denver, 1420 Stout Street, Denver, CO  80202

Final and semi-final matches begin:  Tuesday, April 12, 9 a.m. Mountain Daylight Time
Awards Ceremony: 11:30 a.m. – 1:00 p.m. Mountain Daylight Time

Follow the competition online

Parents and teachers can follow the action at Facebook.com/LifeSmarts and via Twitter: #LifeSmarts

The semi-final and final competition matches will be streamed live at www.LifeSmarts.org.

Tuesday, April 12, 2016 starting at 9 a.m. Mountain Daylight Time (8 a.m. Pacific Time, 12 p.m. Eastern)

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About the National Consumers League and LifeSmarts

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.

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: www.LifeSmarts.org, email LifeSmarts@nclnet.org, or call the National Consumers League’s communications department at 202-835-3323.

NCL statement on fiduciary rule – National Consumers League

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April 6, 2016

Contact: Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC–The National Consumers League (NCL) welcomes new standards for investment advice that were finalized today and will be implemented by the Department of Labor. The rule is designed to ensure that all financial professionals who offer retirement investment advice act in their customers’ best interests. 

The following may be attributed to NCL Executive Director Sally Greenberg:

While this new rule will be of substantial assistance to retirees and those near retirement, its biggest impact will likely be for young people who will need to create their own retirement savings. They need to be able to rely on their investment advisors to act in their best interests. 

Many might assume that this basic, yet essential standard for consumer protection -for financial professionals to act in the customers’ best interests – was already required, but that was not the case until today.

According to estimates by the Obama Administration, more than $17 billion is unnecessarily lost every year from retirement savings under our current system. Over decades, putting this money back into the investment accounts of consumers will add up. This powerful new rule will benefit consumers well into retirement years and help solidify a financially secure future for millions of Americans.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Consumer group letter to Sens. McConnell and Reid on FAIR Fees Act – National Consumers League

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April 5, 2016

The Honorable Mitch McConnell
Majority Leader
United States Senate
317 Russell Senate Office Building
Washington, DC 20510 

The Honorable Harry Reid
Minority Leader
United States Senate
522 Hart Senate Office Building
Washington, DC 20510

Dear Senators McConnell and Reid, 

The undersigned consumer and traveler advocacy organizations call on you and members of the U.S. Senate to adopt measures that strengthen consumer protections in the U.S. air travel industry. Specifically, as the Senate prepares to take up the Federal Aviation Administration Reauthorization Act of 2016 (S. 2658) we ask that you support the inclusion of the FAIR Fees Act (S. 2656), sponsored by Senators Markey and Blumenthal, as an amendment to the full bill.

Ancillary fees are out of control and the lack of effective competition means that market forces alone are unlikely to stop their growth. In 2015, U.S. airlines collected $10.8 billion in ancillary fees, an increase of 24% since 2014.[i] These fees, combined with historically low fuel prices and increasingly cramped seats drove record profits for the industry in 2015,[ii] a trend that is expected to continue in 2016.[iii]Ancillary fees bear little to no relation to the cost to actually provide the services these fees allegedly support. These add-on fees also generate significant consumer outrage. For example:

  • From 2009-2014, cancellation/change fees increased by 2-5 times the rate of inflation.[iv]
  • In April 2013, the three largest domestic airlines all raised their cancellation/change fees from $150 to $200 within two weeks of each other;[v]
  • Consumer complaints to the Department of Transportation (DOT) increased by 30 percent from 2014 to 2015. [vi]
  • Complaints about airline fares are the fastest-growing category of complaint to the DOT (97.93% year-over-year increase). [vii] 

The Justice Department (DOJ) pointed to exactly these kinds of anticompetitive fees in its complaint against the American Airlines-U.S. Airways merger when it stated:

  • “Increasing consolidation among large airlines has hurt passengers. The major airlines have copied each other in raising fares, imposing new fees on travelers, reducing or eliminating service on a number of city pairs, and downgrading amenities[;]”[viii] and
  • “In recent years, however, the major airlines have, in tandem, raised fares, imposed new and higher fees, and reduced service. Competition has diminished and consumers have paid a heavy price.”[ix]

The FAIR Fees Act, which enjoyed bipartisan support in the Senate Commerce Committee, would prohibit airlines from charging cancellation, baggage or other ancillary fees that are “unreasonable or disproportional to the costs incurred by the air carrier,” under standards to be set by the DOT. The bill does not seek to re-regulate the airlines, but it serves to remedy a systemic violation of the free market system that has been pointed out repeatedly by both DOT and DOJ. 

The FAA Reauthorization Act is an important opportunity for you and your Senate colleagues to protect the millions of consumers who depend on the airline industry to provide an affordable, dependable and safe travel experience. The FAIR Fees Act would do much to help reign in the industry’s increasing reliance on ancillary fees, which are unfairly squeezing the pocketbooks of the flying public. We urge you to support this common sense, pro-consumer bill.

Sincerely,

National Consumers League
Business Travel Coalition
Consumer Action
Consumer Federation of America
Consumers Union
Consumer Watchdog
FlyersRights.org
National Association of Airline Passengers
Public Citizen
Travelers United
U.S. PIRG

[i] Elliott, Christopher. “Airlines Made Close to $11 Billion Off of Fees This Year,” Fortune.com. November 18, 2015. Online: https://fortune.com/2015/11/18/airline-fees-customers/

[ii] Mouawad, Jad. “Airlines Reap Record Profits, and Passengers Get Peanuts,” New York Times. February 6, 2016. Online: https://www.nytimes.com/2016/02/07/business/energy-environment/airlines-reap-record-profits-and-passengers-get-peanuts.html

[iii] International Air Transport Association. “Airlines Continue to Improve Profitability 5.1% Net Profit Margin for 2016,” Press Release. December 10, 2015. Online: https://www.iata.org/pressroom/pr/Pages/2015-12-10-01.aspx

[iv] United States Senate Committee on Commerce, Science and Transportation. The Unfriendly Skies: Consumer Confusion Over Airline Fees: Staff Report for Ranking Member Nelson. August 6, 2015. Pg. 6. Online:  https://www.commerce.senate.gov/public/_cache/files/79d9b832-3d92-48a4-af4f-9a4cce28f5ae/8CB39475B79345233CAE7F94EB0129E1.8-6-15-final-airline-report.pdf

[v] Mayerowitz, Scott. “Analysis: Airline mergers have already led to higher fares,” Associated Press. August 14, 2013. Online: https://www.mercurynews.com/travel/ci_23861826/analysis-airline-mergers-have-already-led-higher-fares

[vi] U.S. Department of Transportation. “2015 Airline Consumer Complaints Up From Previous Year,” Press release. February 18, 2016. Online: https://www.transportation.gov/briefing-room/2015-airline-consumer-complaints-previous-year

[vii] U.S. Department of Transportation. Air Travel Consumer Report: February 2016. Pg. 43. Online: https://www.transportation.gov/sites/dot.gov/files/docs/2016FebruaryATCR_1.pdf

[viii] United States of American et al v. US Airways Group, Inc. and AMR Corporation. Complaint. Pg. 14, Para. 35. August 13, 1013.  Online: https://www.justice.gov/atr/case-document/file/514531/download

[ix] ibid. Pg. 3, Para. 1.

Consumer Fraud Alert: Unwanted software downloads costing Americans billions – National Consumers League

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April 5, 2016

Contact: Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The nation’s pioneering consumer advocacy organization is today issuing a warning for consumers about the increasing prevalence of unwanted software—annoying and sometimes dangerous malware being downloaded unknowingly by computer users. According to the National Consumers League (NCL), which operates the newly relaunched Fraud.org, unwanted software is installed on tens of millions of computers in America and is associated with billions of dollars in fraud every year.

“When you download free software, it might come with an unexpected addition: hidden programs that can cause problems on your computer ranging from the merely annoying to truly dangerous,” said John Breyault, vice president of public policy, telecommunications, and fraud. “Unwanted software has been around for some time, but in recent years, it has become an even bigger concern for Internet users and is a significant enough threat to consumers that we’ve issued today’s Fraud Alert to warn them and help prevent these downloads.”

A May 2015 study by Google, UC Berkeley, and UC Santa Barbara found that tens of millions of visitors to Google’s services had unwanted adware installed on their computer. Within that group, half had at least two, and nearly one-third of users had at least four such programs infecting their machines. And that’s just for one type of unwanted software infection. Unwanted software was the source of nearly 20 percent of complaints from Chrome users alone in 2014.

A similar study by security firm Namogoo found that 15-30 percent of e-commerce website visitors were infected with malware that causes them to view injected ads, malicious links, and fraudulent spyware on otherwise legitimate sites.

Unwanted software imposes a range of costs on consumers affected by it. They can slow computers to a crawl, resulting in wasted time for users. It can prompt consumers to spend money on expensive computer support services to get the infections removed from their computers. Worst of all, unwanted software can raise the risk of identity fraud, which could potentially result in lost job opportunities, difficulty in obtaining credit, delays in obtaining tax refunds, and thousands of dollars in direct costs.

“While unwanted software can appear to be simply an annoyance that detracts from the experience of using a browser, these dangerous downloads in fact pose a significant security risk to consumers’ personal information,” said Breyault. “Some software will disable security protections and settings to take control of a consumer’s computer, leaving that computer vulnerable to hackers and data thieves.”

At Fraud.org, the new alert explains how unwanted software can get onto someone’s computer, the damage it can cause, and what a consumer should do to do if they have already installed it. The consumer group offers the following tips for avoiding it in the first place:

  • Get your software directly from the source. When you’re looking for a new program, look on the publisher’s website first. Software download repositories may bundle in unwanted software with legitimate downloads.
  • Avoid clicking on pop-ups or banner ads that warn you of slow performance on your computer. This is often a ruse to lead you to websites that host unwanted software.
  • Make sure everything is up-to-date. To best protect yourself, repeatedly update your browser and operating systems; older systems are more susceptible to being infected by malware. Be sure to check for computer and browser updates in computer settings. Ads claiming that your computer software is out-of-date are likely to lead you to more unwanted software.
  • Routinely scan your computer. Use antivirus software to regularly scan your computer for programs that you don’t recognize.
  • Pay attention when installing new software. When downloading programs and extensions, pay attention to the fine print. In particular, be on the lookout for pre-checked boxes that offer to install things like toolbars or other software in addition to the software you were looking for.
  • Heed your browser’s warnings. Most major Web browsers now have functionality built-in that will warn you when you are about to enter an unsafe website. Chances are that if your browser is telling you to not visit a certain website or download a particular program, you’re better off steering clear.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

My visit to the American Museum of Tort Law – National Consumers League

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SG-headshot.jpgThe 7th Amendment to the Constitution states that, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.” Champions of consumer rights hold that principle dear–that even the lowliest citizen can go against a powerful adversary, including a multinational corporation, and have her case heard before a jury of her peers. 

And now one of the nation’s most renowned consumer advocates, Ralph Nader, has built a museum to honor our great American tort system. Nader wrote the iconic Unsafe at Any Speed 51 years ago, an expose of Chevrolet’s decision to build and sell the Corvair, a dangerously designed sedan whose wheels had a tendency to tuck under and collapse on turns. Nader’s muckraking work spawned Nader’s Raiders–a generation of activists who launched number of consumer groups–and led to launch of a federal auto safety agency, the National Highway Traffic Safety Administration in 1967. 

I traveled to Nader’s birthplace of Winsted, Connecticut this past weekend, the home of the American Museum of Tort Law, for the museum’s “Spring Reawakening” featuring Nader and two legendary plaintiffs’ lawyers. The hall was filled with fans of Nader, of all ages, who came to hear these champions of the little guy tell their stories.

The first storied lawyer who spoke was Mitchell Garabedian, the Boston lawyer who uncovered decades of child abuse hidden by the Archdiocese of Boston. Stanley Tucci played Garabedian in the film Spotlight, which won the 2016 Academy Award for Best Picture.  

Garabedian described the despair of his victims, mostly young men who were abused by priests. The victims confided in Garabedian that they had considered suicide and had a difficult time living normal lives. Garabedian exposed the Archdiocese pattern of not dismissing the abusing priests, but instead transferring them to parishes where they abused again. Garabedian refused to back down and uncovered evidence of a cover-up, which ended in million dollar settlements for his clients.

The second legendary plaintiff who spoke was Jan Schlichtmann, who represented families in Woburn, Massachusetts who were suffering from an epidemic of leukemia after subsidiaries of the WR Grace and Beatrice Foods had been dumping toxic chemicals into their water system in the 1980’s. Schlichtmann was portrayed in the book A Civil Action, written by Jonathan Harr, and a movie of the same name.

Schlichtmann also faced a wall of denial and character assassination from his corporate adversaries. They denied that the spike in cancer in Woburn’s children had anything to do with industrial waste in the water. He ultimately proved the link between the two and also won million dollar settlements for his clients.

Nader, with his Tort Museum, noted that the United States was unique in having a system where an individual with a strong case could find a lawyer at no cost, because of the contingent fee system. That system means that lawyers get paid only if they win, and the client is represented at no cost. He also pointed out that while litigants might sometimes file “frivolous suits,” something opponents of our tort system trot out constantly, the system is very good at ferreting out the truly meritless or frivolous lawsuits. 

I found the American Tort Museum to be educational and substantive, but also fun to tour. It has four or five rooms of exhibits, a film that runs continuously, a red Corvair in living color on display, and the space is light and cheerful.  The Museum documents cases from the earliest days of the Republic, like a barrel rolling out into the street and injuring a bystander, and tracks landmark tort cases, including the 82-year old woman who suffered serious burns from McDonald’s coffee–whose case has been mocked as frivolous. It turns out there were hundreds of complaints to McDonald’s about the dangerous temperature of their coffee and the woman asked them simply to cover her medical bills of $15,000 or so and they refused.

The theme of Nader’s American Museum of Tort Law is average citizens using our court system to keep the rich and powerful accountable, something the National Consumers League (NCL) very much believes in and supports. These are the historic cases and narratives you’ll learn about when you tour the museum.

 

NCL Executive Director Sally Greenberg with Jan Schlictmann.

 

National Consumers League applauds U.S. Supreme Court decision on Friedrichs v. California Teachers Association – National Consumers League

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March 31, 2016

Contact: Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

The National Consumers League (NCL) applauds the outcome in the critically important public sector union dues case of Friedrichs v. California Teachers Association. The decision was handed down this week by the Supreme Court. The case was argued before the Court while the late Justice Antonin Scalia was still sitting, and his hostile questions signaled a sure vote against the unions. But this week the Court ended with a deadlocked 4 to 4 decision.

A ruling against the Califonia Teachers Association would have dealt public sector unions a severe blow, hampering their ability to collect fees from workers who chose not to join the union. These workers would benefit from the gains the union negotiations provide, but would have been allowed, had Friedrichs gone their way, to get out of paying dues. 

As NCL noted in an earlier statement, conservative foundations and business leaders orchestrated the effort to bring this case to a Supreme Court whose majority was–while Scalia was still sitting the Court–not favorable to unions. “This brass-knuckles campaign to weaken public sector unions is a decades-long strategy that came up short,” said Sally Greenberg, executive director of the League. “The 4-4 deadlock denied enemies of those unions that victory.”

When the case was argued in January, the Court’s conservative majority seemed ready to decide that forcing public workers to support unions they had declined to join violates the First Amendment. Justice Scalia’s death changed the balance of power in this case.

NCL appreciates the support expressed by four justices for the right of unions to collect dues from all workers who benefit from the fruits of collective bargaining. Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan all voted in support of unions and of employees paying their fair share. 

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Dietary Guidelines annotated: Where do your calories come from? – National Consumers League

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ali.jpgWith the National Nutrition Month upon us and the release of the 2015-2020 Dietary Guidelines for Americans, now is a good time to take an updated look at the American diet.

CDC statistics provide signs that some Americans may be improving their habits when it comes to physical activity and diet. 49.5 percent of U.S. adults met the federal physical activity guidelines for aerobic activity in 2015, which is up from approximately 41 percent in 2007. In addition, the number of new diabetes cases in the U.S. has been on a steady decline since the diabetes rate spiked in 2008. Notwithstanding, the nation remains focused on healthy eating habits and being more conscious about what we put into our bodies.

Americans’ top sources of calories, according to a National Health and Nutrition Examination Survey (NHANES), are pizza, mixed dishes, calorically-sweetened beverages and sweets, and snacks, which include many tasty foods, such as cakes and cookies. The problem could be that some Americans are not aware of–or pay too little attention to–their calorie needs or are unaware of the calories contained in the foods they eat.

To help consumers become more diet-conscious, the Dietary Guidelines make five overarching recommendations on healthy eating patterns, including:

  1. Choose a healthy eating pattern at an appropriate calorie level (Appendix 2 provides estimated calorie needs, which range between 1,000 and 3,200 cal.) based on age, sex and physical activity);
  2. Focus on variety, nutrient density, and amount;
  3. Limit calories from added sugars and saturated fats and reduce sodium intake;
  4. Choose nutrient-dense foods and beverages across and within all food groups in place of less healthy choices;
  5. Support healthy eating patterns in multiple settings nationwide, from home to school to work.

With the aim of shifting to healthier foods, the Guidelines suggest an intake limit of 10 percent total calories per day from added sugars. Chocolate and candy lovers should take note, the Guidelines do not say no added sugars. The Guidelines appear to take an approach consistent with NCL’s longstanding diet motto: “everything in moderation.” A 10 percent limit on added sugars means that you can indulge your sweet tooth from time to time with your favorite treat, just not all the time.

Ten percent may sound like a reasonable level, but Americans average 13 percent or more calories from added sugars per day. Per the Guidelines, high fructose corn syrup-sweetened beverages is the first place to look for added sugars–beverages account for almost half (47 percent) of all added sugars consumed by the U.S. population. Be conscious of soft drinks, fruit drinks, sweetened coffee and tea, and flavored waters. To the surprise of many, candy contributes just six percent of added sugars in the average American diet, or about one teaspoon of sugar per day. Most Americans enjoy candy about twice per week, averaging less than 50 calories per day from confectionery items–according to the most recent NHANES data, that’s only 1.9 percent of total energy.

To reduce calorie intake from added sugars, the Dietary Guidelines provide practical suggestions, like choosing beverages with no added sugars (e.g. water), reducing portions of sugar-sweetened foods and beverages, and drinking these beverages less often. It should be noted that replacing added sugars with high-intensity sweeteners may reduce calorie intake in the short-term, yet questions remain about their effectiveness as a long-term weight management strategy.

So choose a healthy eating pattern at an appropriate calorie level, limit calories from added sugars, and choose nutrient rich foods.  But, also remember the Guidelines recognize that healthy eating patterns are “not a rigid prescription,” and should be adaptable so individuals can enjoy foods that meet their personal, cultural, and traditional preferences, including occasional treats.

In addition to moderation, NCL recommends watching portion sizes and looking at nutritional facts labels.  Food labels provide consumers with the amount of calories per serving and help us monitor and control caloric intake per the Guidelines. In fact, many food companies are responding to these needs by voluntarily putting nutritional information on the front of the label and developing new portion-controlled products. In addition to healthy eating, regular physical activity is one of the most important ways that Americans can stay healthy.

Have a happy and healthy National Nutrition Month.