Food waste – National Consumers League

/in /by

ali.jpgI spend a lot of time thinking about food waste and it’s lasting effects on our environment and our communities. While this may be a natural outcome of working on these issues for NCL, I don’t think it will be long before the average consumer also has this topic on the brain on a daily basis.The Harvard Food Law and Policy Clinic, in partnership with the US Environmental Protection Agency (EPA), the Massachusetts Department of Environmental Protection, and Massachusetts RecyclingWorks, coordinated Reduce and Recover: Save Food for the People, a two-day event focused on reducing food waste and preventing food loss on June 28-29. Advocates who gathered ranged from environmentalists, anti-hunger advocates, college activists, foundations, government officials, social entrepreneurs, and in NCL’s case, consumer advocates. Industry was also there in force. A central topic of discussion was, “how do we elevate the food waste movement beyond food and environmental spaces and into the conscious of everyday Americans?”

We are often so immersed in the issues we care about that it can be hard to gauge how the general public perceives the issue. Closing this gap between movers and shakers and everyone else is key to creating lasting change.

Consumer food waste ranks as one of the top sources of food loss in this country. Americans are throwing out $165 billion worth of food, yet studies show that 73 percent of consumers think they waste less than the average person. Clearly there is a disconnect, and consumers are contributing to the problem more than they think.

The multifaceted attendees–including industry trade associations like the Grocery Manufacturers of America, the Food Marketing Institute, the National Restaurant Association, and Sodexo, all seemed to agree that consumers are mostly operating with good intentions when they overbuy and then throw out food. Whether they are throwing a party and don’t want anyone to go hungry or just shopping for fresh produce for their families, consumers mean well. But these behavioral patterns are creating literally tons of waste. Leaders in the food waste movement are now moving focus from naming the problem to employing strategies to change consumer behavior.

Here are some strategies that emerged from the conference:

First, consumers have to be aware that food waste is a serious problem with economic, moral, and environmental ramifications. A clear understanding of the issue will at least prompt consumers to think about their buying decisions as they shop, eat, and dispose of their food. Media campaigns help create awareness about societal issues and consequently shifting behavioral norms.

Think of the great slogans from previous Ad Council campaigns: “Every Litter Bit Hurts,” “A Mind is a Terrible Thing to Waste,” “Only You can Prevent Forest Fires,” “Friends Don’t Let Friends Drive Drunk,” and  “Click It or Ticket.” All of us know them and they’ve really help to change behaviors on a societal level. Look at the progress we’ve made on seatbelt usage: In 1982, only 11 percent of drivers and front seat passengers wore seatbelts; Today, 87 percent of drivers and passengers wear seatbelts and hundreds of thousands of lives have been saved as a result. The Ad Council’s new “Save the Food” campaign hopes to raise consumer awareness and change behavior.

Then, there is the issue of date labels on food. Adam Rein from ReFED explained, “100 percent of people experience confusion around date labels.” Date labeling on food packaging are all over the map and leads to consumer waste. They are actually a manufacturer suggestion for a product’s peak freshness, and are in no way connected to food safety. Millions of pounds of food are thrown out each day because of our current hodge-podge date labeling system. To the rescue is a bill introduced in the House and Senate entitled the Food Date Labeling Act, which standardizes date labeling, leading to less unnecessary tossing out of perfectly edible food.

At NCL, we believe the pledge by federal agencies to reduce food waste should be a starting point for the federal government getting their own house in order and serving as an example to the nation on how to reduce food loss. The federal government is the largest consumer of energy, with a footprint that includes 360,000 buildings and $445 billion spent annually on goods and services. Federal facilities could potentially save the nation billions of dollars and perhaps even surpass the national goal to cut food waste in half by 2030. NCL plans to ask President Obama to issue an executive order directing federal agencies to develop food waste reduction policies across the agencies as a standard practice in all federal facilities.

As for the consumer, awareness is the first step to changing behavior. Infrastructure to support consumers, such as legislative changes and support from federal agencies, must be in place to sustain lasting behaviors. Large food corporations like Campbell’s Soup Company, Sodexo, Nestle, and others are beginning to implement food waste reduction strategies throughout their supply chain. Many companies are also supporting legislative changes, like the Food Date Labeling Act, which will reduce the likelihood that consumers will toss out perfectly good food because they are confused by a date label.

The Reduce and Recover conference brought together many of the groups that are going to drive the campaign to reduce food waste in America by 50 percent by 2030. The event followed NCL’s May 11 Food Waste Summit, co-hosted by Keystone Policy Center, which focused on the consumers role in the issue of food waste. It was clear from last week’s conference at Harvard Law School that we have a growing and broad based movement to get a handle on food waste.

From a consumer perspective, if we voice concerns and ask companies to help reduce food waste, we believe that will have an impact on industry. The environmental, moral, and societal imperatives are enormous. They demand that we work overtime to meet America’s stated goal of reducing food waste by 50 percent by 2030.

Increased utilization of the HPV vaccine critical to preventing cervical and other cancers – National Consumers League

/in , , /by

kb_headshot.jpgThe National Consumers League (NCL) has long been committed to fighting for vaccines and advocating for their widespread use. We are grateful to the American Society of Clinical Oncology (ASCO) for its efforts to educate the public and healthcare providers–especially pediatricians–about the important role the human papillomavirus (HPV) vaccine plays in preventing cervical and other cancers. In the United States, HPV is estimated to cause nearly 99.7 percent of cervical cancers, 60 percent of throat cancers, 91 percent of anal cancers, 75 percent of vaginal cancers, 69 percent of vulvar cancers, and 63 percent of penile cancers.With these numbers, you would think that the public would be clamoring to get this cancer prevention vaccine. Unfortunately, nationwide usage of the HPV vaccine is alarmingly low. Despite the Centers for Disease Control and Prevention (CDC) recommendation that all girls and boys receive the HPV vaccine at age 11 to 12 years, CDC data show that only 40 percent of teenage girls and 22 percent of teenage boys received the full recommended doses of the HPV vaccine in 2014 (3 doses over the course of 6 months), compared to the 80 to 90 percent vaccination rate for diphtheria, tetanus, pertussis, and meningitis.

There are several reasons for this low utilization rate. Since the HPV vaccine protects against a sexually transmitted infection, pediatricians have been hesitant to discuss the vaccine with adolescent patients and their parents. Uptake has also been low because only Virginia, Rhode Island, and Washington, D.C. have mandates for the vaccine. In addition, parents still harbor misinformation about vaccines. A recent NCL survey found that 33 percent of parents mistakenly believe that vaccines can cause autism, despite numerous scientific studies finding no credible link.

Recognizing the enormous missed public health opportunity, our nation’s cancer doctors are refocusing the discussion on the cancer prevention benefits of the HPV vaccine and urging pediatricians and family physicians to recommend the vaccine to their patients. Studies show that a strong recommendation from a physician is the most important factor in whether children get the vaccine. NCL strongly supports this recommendation to aim the outreach at pediatricians–they alone can make the critical difference in getting millions more young patients vaccinated with the HPV shots.

Additional information on the HPV and other childhood vaccines is available on the CDC’s website. The National Consumers League will continue its work to educate the public about the safety and effectiveness of vaccines and their important role in preventing serious and life-threatening diseases.

Protect your skin! Be sun-smart this summer – National Consumers League

/in /by

If you ask Americans what the largest organ in their body is, my guess is that a good number would never think to say their skin. But not only is the skin our largest organ, it is a multifunctional one that plays a vital role in protecting our body. Our skin is our first line of defense; it provides a physical barrier between our internal organs and the environment, regulates our body temperature, and has billions of sensory nerves that are responsible for every sensation we feel.

Though our skin plays such an essential role in our health, most of us do not protect it as we should. Skin cancer is the most common form of cancer in the United States and worldwide, with over 3.5 million cases diagnosed in the U.S. each year. In 2014, the U.S. Surgeon General declared skin cancer a public health crisis, as one in five Americans will develop it over the course of their lifetime, and incidence rates are steadily increasing. While there are genetic factors, such as race, gender, and family history that may predispose a person to skin cancer, ultraviolet (UV) radiation is the cause of the majority of cases and is a proven human carcinogen. In fact, approximately 90 percent of skin cancer cases are associated with UV radiation from the sun or sun lamps.

The good news is that UV radiation is the most preventable cause of skin cancer, and there are plenty of things you and your family can do to protect yourselves from the sun. According to the World Health Organization (WHO), four out of five cases of skin cancer can be prevented by practicing sun safe behaviors. Perhaps the most common of these behaviors is wearing sunscreen, which works by absorbing and reflecting UV rays before they reach your skin. Each sunscreen has a Sun Protection Factor (SPF), which is a measure of its ability to block harmful UV radiation. While the U.S. Food and Drug Administration recommends that a broad- spectrum SPF 15 sunscreen should be used, many other organizations recommend using a broad-spectrum SPF 30 sunscreen, including the American Cancer Society and the National Council for Skin Cancer Prevention.  For recreational activities, a waterproof sunscreen with a higher SPF (SPF ≥ 30) is recommended, and is usually labeled with how long it is effective while swimming or sweating (usually 40 or 80 minutes). Those that are labeled “broad spectrum” are best, as they protect you against both types (UVA and UVB) of UV rays.

Individuals with fair skin and lighter hair generally require sunscreens with a higher SPF, as they are typically more prone to skin damage. On the other hand, a common misconception is that individuals with darker skin do not need to wear sunscreen at all. This is false! Though darker skin tones may be less prone to sunburn, tanning is also evidence of sun damage. There are also other risks associated with UV exposure including premature skin aging, wrinkles, hyperpigmentation, and of course, skin cancer.

There are a number of factors to consider when deciding which sunscreen is best for you and your family. For example, children have different sun protection needs than adults. Questions you may want to consider before choosing a sunscreen are:

  • Will your sun exposure be incidental or continuous?
  • Do you have sensitive skin?
  • Is your skin allergy or acne prone?
  • Do you have dry or oily skin?
  • Does your family have a history of skin cancer?
  • What texture sunscreen would you prefer?

Thankfully, there are a broad range of sunscreens on the market that are safe and effective. Between sprays, creams, sticks, mineral sunscreens, or sunscreens built in to other cosmetic products, it is more than possible to find one that can accommodate your personal preferences and lifestyle. The Skin Cancer Foundation provides a wealth of information on how to choose the right sunscreen for your skin type, and you should feel free to ask your dermatologist for advice as well.

That being said, the only way your sunscreen can truly be effective is to use it as directed. Studies show that most consumers apply less than half of the amount of sunscreen needed to receive the SPF on the label. So whichever sunscreen you choose, be sure to read and follow the directions for appropriate application. Below are a few general tips on how to apply different types of sunscreens:

  • For lotions, use a golf ball size amount to cover your body.
  • For sprays, hold can/bottle 4-6 inches away from your skin, spray until it glistens, and gently spread to cover your skin evenly.
  • For stick sunscreens, apply at least 3-4 passes over the skin.
  • For your face, use an amount equal to the size of a small coin.
  • The American Academy of Dermatology also recommends the following to protect yourself from the sun:
  • Seek shade and limit your time in the midday sun, as the sun’s rays are strongest between 10 a.m. and 2 p.m.
  • When going outside, protect your skin with clothing such as wide-brimmed hats, long sleeved shirts, and UV blocking sunglasses.
  • Use extra caution near water, sand, or snow as these surfaces reflect and intensify the damaging rays of the sun, which can increase your chances of sunburn.
  • Do not go to tanning salons. Just like the sun, UV light from tanning beds can cause wrinkling and age spots and can lead to skin cancer. If you want to look tan, consider using a self-tanning product, and continue to use your sunscreen with it.
  • Regularly check your skin for signs of skin cancer. Checking and knowing your skin is a key factor in detecting skin cancer in its earliest, most treatable stages. If you notice something out of the ordinary with your skin, do not hesitate to consult your healthcare provider or dermatologist.

As temperatures rise and we begin to plan our vacations for some much needed fun in the sun, practicing sun safe behaviors is of the utmost importance. It is never too late to integrate sun safe practices into your life and introduce these practices to your family. HAPPY SUMMER!

Geneva convenes: COPOLCO or Committee on Consumer Safety – National Consumers League

/in /by

This week, I’ve been in Geneva with an international group of consumer experts and advocates who are members of COPOLCO, or the Committee on Consumer Policy. COPOLCO is the consumer component of the International Standards Organization or ISO. I serve as Vice Chair of the U.S. consumer entity—within the American National Standard Institute, which is the official American member of ISO—and am here representing ANSI, along with my product safety mentor and former Consumer Union colleague, Dr. David Pittle.

So what are standards, why do we need them, and why are they important to consumers?

International standards make things work. They give world-class specifications for products, services, and systems, to ensure quality, safety, and efficiency. Imagine a car built without safety standards—without safe tires or with a loose steering wheel. Or a building without any structural safety or without a proper foundation. The car would undoubtedly crash, and the building would collapse. I should note that in the United States, many standards protecting consumers are drafted and enforced by federal agencies like NHTSA, CPSC, FDA, USDA, EPA, etc.

Standards are also instrumental in facilitating international trade. ISO has published more than 21,000 International Standards; all are voluntary standards, but they are specifications that are agreed to by stakeholders from around the world. For developing countries, these that may be all they have for standards. And these standards cover almost every industry, from technology, to food safety, to agriculture, and healthcare. ISO International Standards affect everyone, everywhere.

As important as standards are, consumer participation in the setting of these standards is equally critical. Consumers are the very people affected by products and services and how they work—or don’t. There are two distinct groups participating in this: those who work for the country’s standard setting government agency, and those (like me) who come from a private consumer organization.

What I find most exciting is meeting my consumer counterparts from around the world and rolling up our sleeves and drafting standards together.

I learn a lot from colleagues from developed countries who have been attending these meetings for decades—Australia, Western Europe, and Canada come to mind—about the standards they are working on. Representatives from the UK today described the battle consumers had with energy companies who claimed they owned the meters and therefore the data from those meters. The consumer representatives said disagreed and fought back, arguing that the data is private, personal information that belongs to the consumers, not the energy companies.

I also learn a lot from meeting colleagues from developing countries. At lunch today, two representatives from the government of Panama told us there were no consumer standards in Panama until 1999. I found that hard to believe, but they assured us it was true. They also told us that every time bread is sold in Panama it is weighed to prevent fraud!

Today we had a robust discussion on whether the sharing economy—ride sharing and shared housing rentals—should be subject to international standards. We also discussed whether to develop standards on financial literacy for youth, an issue near and dear to NCL.

Attending this conference are representatives from Trinidad and Tobago, Malaysia, Columbia, Saudi Arabia, Singapore, Korea, Fiji, South Africa, Italy, Namibia, Australia, Sweden, Canada, Greece, and all of Northern Europe. I’m sure I’ve missed a few countries, but this gives you a sense of the breadth and depth of participation. That said, there are many more consumer representatives who might have come if they had the resources to travel and the support of their country. We discussed how to find that support here today as well.

But for the officials that are here, the engagement of their countries in developing standards for safety and quality is incredibly important for the world’s consumers, and it’s an honor to be part of the process.

Stopping robocalls takes a village – National Consumers League

/in , , /by

breyault.jpgRemember the days when dinner was routinely interrupted by a phone call from someone trying to sell something? If you had a phone in your house before 2003, chances are that any time the phone rang in the evening it was likely to be a telemarketer on the other end of the line. Unsurprisingly, all those unwanted phone calls generated significant consumer outrage.

Thanks to all those consumer complaints and the diligent work of consumer advocates, Congress passed the Do-Not-Call Implementation Act of 2003. Because of that law, for the first time, telemarketers (with some carefully limited exceptions) were prohibited from calling consumers who registered their phone numbers on the Do Not Call (DNC) Registry. Faced with the opportunity to avoid those dinner time telemarketing calls, consumers flocked to register their numbers on the Registry. As of September 2015, there were over 222 million active registrations in the DNC Registry, making the law one of the most popular consumer protections of all time.

Thanks to another consumer protection law, the Telephone Consumer Protection Act of 1991 (TCPA), telemarketers are prohibited from calling cell phones using automated dialers (so-called “autodialers”), under threat of private litigation and other enforcement measures. As anyone who’s gotten a call from “Rachel at Card Services” or received an “urgent message about the status of your auto warranty” on their cell phones can attest, however, annoying robocalls remain a fact of life for many cell phone owners.

Unfortunately, fraudsters are increasingly taking advantage of advanced Internet calling technology to hide the source of their calls. In addition, they often base their operations overseas – beyond the easy reach of U.S. law enforcement. This is a major reason why an estimated 2.3 billion robocalls (or 51,523 calls every minute) made it through to consumers’ phones in January 2016 alone.

Last year, the Federal Communications Commission (FCC) announced new steps to address the growing threat of fraudulent robocalls. In particular, the FCC clarified that phone carriers are not prohibited from offering robocall-blocking technology to their customers. The Commission also noted that the TCPA protects consumers from auto-dialed text messages sent to their wireless devices in the same way it protects them from auto-dialed voice calls. A number of companies currently offer robocall-blocking technology, and major wireless and landline phone carriers have been investigating ways to address the problem.

At the same time that criminal robocallers are using powerful technology to circumvent protections against fraudulent telemarketing calls, recent legislation has created a loophole in the consumer protections that the TCPA provides. Although the use of so-called autodialers to call cellular phones is generally illegal under the TCPA, language inserted into last year’s federal Bipartisan Budget Act allows debt collectors to use autodialers to call the cellphones of consumers who owe money for student loans, back taxes, and other debts owed the federal government.

In response, and with the support of more than a dozen consumer and civil rights groups, Senator Edward Markey (D-MA) and Representative Tammy Duckworth (D-IL) introduced the HANGUP Act, which would repeal the language included in the budget act. That bill is currently stuck in committee, despite vigorous advocacy from our colleagues at Consumers Union.

Between criminal robocalls from technologically savvy fraudsters and legislative weakening of the TCPA, it’s easy to be pessimistic about the chances of putting a dent in the robocall problem any time soon. There is some good news to report on this front, however. The FCC’S proposed rules to implement the Budget Act changes would limit the number of calls or texts that federal debt collectors can make to consumers without consent to three per month. The FCC’s rules would also require federal debt collectors to respect a request by the call recipient to cease calls. In addition, thanks in part to efforts like the Federal Trade Commission’s Robocall Challenge (and its successor contest – “Robocalls: Humanity Strikes Back”), innovative startups are emerging that offer consumers technology that can help block unwanted robocalls.

The TCPA is a critical piece of consumer protection legislation for protecting consumers from the plague of unwanted robocalls. However, the TCPA alone won’t solve the problem. A comprehensive solution will take cooperation by the entire ecosystem of stakeholders in the fight against robocalls – consumers, phone companies, regulators and Congress— to make a dent in the problem.

NCL proud of Treasury choice to place Harriet Tubman on new $20 bill – National Consumers League

/in /by

SG_HEADSHOT.jpgThe National Consumers League (NCL) applauds U.S. Treasury Secretary Jack Lew’s decision to put abolitionist Harriet Tubman on the $20 bill. We had campaigned for our pioneering early leader, Florence Kelley (who we affectionately call “FK”), to be the first woman on U.S. paper currency. But, I believe that Kelley herself would have been delighted with this decision. Here’s why… 

Tubman was born into slavery on the Eastern Shore of Maryland in the 1820’s. She escaped to Philadelphia 25 years later, but returned to the South to help free other slaves through the iconic Underground Railroad. Indeed, Tubman’s name is synonymous with the Underground Railroad. Tubman herself noted, “I was conductor of the Underground Railroad for eight years.” During the Civil War, Tubman led Union scouts in South Carolina and led raids throughout the South that freed hundreds of slaves. Later she worked with Susan B. Anthony for women’s suffrage. And sadly, she died in 1913, seven years short of the adoption of the 19th Amendment granting women the right to vote. 

Why would FK be so pleased with Tubman on the $20? Let’s leave aside the fact that the current face on the $20, Andrew Jackson, owned slaves and oversaw the forced the migration thousands of Native Americans from their homes in what is now called The Trail of Tears.

Florence Kelley passionately advocated for racial equality; she refused to stay in hotels that would not admit her African-American colleagues. She was a founding member of the National Association for the Advancement of Colored People (NAACP) and dear friends with civil rights activist W.E.B Dubois, who spoke at her funeral. She grew up in a Quaker home with her Aunt Sarah as a major influence; Sarah Pugh championed the movement to urge consumers never to buy products made with slave labor. Kelley’s father (a Philadelphia congressman) and Abraham Lincoln were close friends and founders of the Republican Party, and both agreed on the evils of slavery. Kelley, like Tubman, also fought valiantly for women’s suffrage. 

For all these reasons, the decision to place activist, abolitionist, and Underground Railroad leader Harriet Tubman on the $20 bill surely would have pleased Florence Kelley enormously—as it does today’s Board and staff of the National Consumers League. As U.S. Treasurer Rosie Rios noted at a recent meeting NCL attended on the topic, “this isn’t one and done. There will be other women on U.S. paper currency in the years to come.” And NCL will once again remind the world of why Florence Kelley deserves a place on U.S. currency alongside heroic American women like Harriet Tubman. For now, we think Secretary Lew made the right call

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

/in /by

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.  

Quartz countertops posing threat to workers – National Consumers League

/in /by

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.

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

/in /by

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.

 

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

/in /by

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.