National Consumers League applauds new CFPB proposed rule on arbitration clauses – National Consumers League

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May 5, 2016

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

Washington, DC–The National Consumers League (NCL) applauds the Consumer Financial Protection Bureau (CFPB) for its recent proposal to restrict the use of forced arbitration clauses in consumer financial contracts.

The CFPB aims to prohibit financial companies from using mandatory-arbitration clauses as a way to block class-action lawsuits, in which a large number of plaintiffs with similar complaints band together. Companies would still be able to require consumers to enter arbitration to resolve individual disputes.

NCL agrees with CFPB Director Richard Cordray that the proposed rule would restrict forced arbitration that “effectively denies groups of consumers the right to seek justice and relief for wrongdoing.”

Forced arbitration clauses have become standard in recent years because of a string of court rulings that have limited consumers’ ability to file lawsuits. A landmark Supreme Court case in 2011, AT&T Mobility LLC v. Concepcion, allowed businesses to enforce class-action waivers in their contracts. NCL joined other consumer groups in supporting Concepcion’s claims.   

There will be a 90-day comment period before the rule goes into effect.

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

The CFPB’s action is a welcome response to these odious forced arbitration clauses found in the vast majority of consumer contracts. These clauses remove consumers’ right to hold companies accountable when they have engaged in corporate wrongdoing and are especially unfair when they limit class actions. The CFPB’s proposal will help to even the playing field for consumers in their interactions with financial institutions. The financial services industry often argues that arbitration is better for consumers than going to court. If that is true, that choice should be voluntary for consumers. If given the choice of arbitrating a claim or going to court as part of a class of consumers, consumers will choose the more advantageous route. Sadly, today they don’t have that choice because–with the exception of Bank of America–they are forced to sign away their right to go to court. Indeed, a 2015 CFPB study of six markets found that consumers filed few arbitration cases—an average of 600 a year. The CFPB said few consumers bring individual actions on small claims—either in court or in arbitration—because they aren’t aware of their legal rights or they find the process too time-consuming or troublesome.

The industry also claims that class actions will simply enrich plaintiffs’ lawyers, with consumers receiving little compensation. This is disingenuous—though individual consumers may not get large payouts, successful class action lawsuits have been very effective in changing unfair corporate practices. Moreover, when corporations stop hiring lawyers to write these clauses into contracts, perhaps consumers will no longer need the class action as a vehicle to protect their rights. Until then, consumers have every right to have legal representation to even the playing field in these financial service contracts.

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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.

 

National Consumers League statement of Senate passage of FAA Reauthorization Bill – National Consumers League

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April 19, 2016

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

Washington, DC – The U.S. Senate today approved the Federal Aviation Administration Reauthorization Act of 2016 on a 95-3 vote. Unfortunately, despite support from every major national consumers and travellers rights groups as well as business travel managers, the Senate failed to even vote on the FAIR Fees Act, which was offered as an amendment and received bipartisan support in committee. This bill, co-sponsored by Senators Markey and Blumenthal proposed common-sense, pro-consumer reforms that would have prohibited air carriers from imposing ancillary fees that were unreasonable or disproportional to the costs incurred by the airlines. Such action would address competition concerns raised by the Department of Justice, Department of Justice, travelers’ rights advocates and consumers nationwide. 

While the bill is not perfect, we recognize and applaud the fact that it does contain a number of important new consumer protections which address the out-of-control growth of ancillary fees that are increasingly squeezing the pocketbooks of the traveling public. In particular, consumers will benefit from provisions requiring automatic refunds on baggage fees when luggage arrives late, automatic refunds of ancillary fees when services are purchased and not delivered, better disclosure of ancillary fees, an investigation of the Department of Transportation (DOT’s) consumer protection enforcement efforts and improvements to the Department of Transportation’s complaint process, among other provisions. In addition, NCL is pleased with the absence of air traffic control privatization in bill, which reflects the broadly held consensus that such action would significantly harm the FAA’s ability to ensure the safety of the air travel system for the millions of consumers who depend it.

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

“Complaints to the Department of Transportation about the price of flying were the fastest-growing type of complaint to the agency last year.  Consumers are demanding real reforms that address the explosion of airline fees, yet the Senate failed to even vote on the FAIR Fees Act. While we recognize that important new consumer protections were included in the FAA reauthorization bill, we are deeply disappointed that the full Senate did not take up Senators Markey, Blumenthal, and Klobuchar’s common-sense consumer protection amendment. Thanks to consolidation, the biggest U.S. airlines are increasingly able to reduce capacity and raise fees, free from a credible competitive threat. This is a textbook case of oligopolistic behavior that Congress, the DOT and the DOJ must recognize and act upon.”

The National Consumers League will continue to press for the addition of much-needed consumer protections to the FAA reauthorization legislation as it moves toward a vote in the U.S. House of Representatives.

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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.

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 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.

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.

All-new Fraud.org launched with special data breach education portal – National Consumers League

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March 29, 2016

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

Washington, DC—The nation’s pioneering consumer advocacy organization, the National Consumers League (NCL) today unveiled an all-new Fraud.org, its consumer fraud education Web site. With an updated design, improved user experience, and a new consumer portal about understanding the current epidemic of data breaches, Fraud.org is a valuable new consumer education resource for consumers, media, and policymakers in Washington and beyond.

Since 1992, NCL has tracked trends in scams by collecting complaints from consumers—first via a toll-free hotline, and now at Fraud.org. The consumer group provides direct counseling to victims and relays reports daily to more than 90 law enforcement and consumer protection agencies in the United States and Canada, including the Federal Trade Commission, state Attorneys General, and police departments. For 20 years, Fraud.org has been one of the nation’s premier resources for consumers to learn about and report Internet and telemarketing scams.

“We are proud to debut the new and improved Fraud.org, an invaluable tool in the fight against fraud,” said Sally Greenberg, NCL executive director. “Because we track data as provided to us directly from consumers, Fraud.org is able to identify trends in emerging scams and deliver crucial information to consumer protection professionals and law enforcement to help them bring con artists to justice.”

“Stopping fraud is one of the most important ways that the FTC improves consumers’ lives. The FTC’s Consumer Sentinel complaint database is a critical tool in that fight, but its success relies on contributors like the National Consumers League,” said FTC Commissioner Maureen K. Ohlhausen. “NCL has greatly added to the FTC database’s volume and diversity and its new and improved Fraud.org no doubt will further strengthen our partnership in the ongoing fight against fraud.”

Fraud remains a widespread problem, costing Americans billions of dollars annually. The growing epidemic of data breaches plaguing American businesses and consumers prompted the watchdog group to enhance its resources for education and prevention. NCL also publishes a bi-weekly email newsletter, The #DataInsecurity Digest, focused on breach news, policy, and advocacy.

“Fraud.org’s new ‘Data Breach HQ’ is the culmination of years of work on our #DataInsecurity project. Until now, we’d been focused on keeping policymakers and advocates informed about the data breach epidemic and our call for improved security and regulations,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud. “With the new site’s special section on data breaches, we’ve brought need-to-know information to consumers—alerts about the latest breaches and their implications, information about how to avoid identity theft, and more.”

Through a complete overhaul of its design, the new Fraud.org will make it easier for consumers to find the information they need to avoid scams. In addition to the new data breach portal, the new site includes easy access to monthly fraud alerts identifying emerging scams, tips on identifying and avoiding common scams, and an improved form for reporting incidents of fraud.

“With new scams popping up every day, there is a greater need than ever for reliable information to help consumers spot the scams and avoid becoming a fraud victim statistic,” said Breyault. “We aim to make Fraud.org a go-to resource for consumers so they can find the information they need to avoid the daily onslaught of fraudulent tricks and traps.” 

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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.

NCL welcomes long-overdue OSHA silica rule – National Consumers League

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March 25, 2016

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

Washington, DC–The National Consumers League (NCL), the nation’s pioneering consumer and worker advocacy organization, is welcoming news that the U.S. Department of Labor will release a long-awaited and long-overdue standard on silica. The following statement may be attributed to NCL Executive Director Sally Greenberg, who testified before the U.S. Occupational Safety and Health Administration (OSHA) on the issue in 2014:

An estimated 2.2 million American workers are exposed to silica dust every year, with about 1.8 million of those working in construction. Exposure can lead to silicosis, as well as increased susceptibility to lung cancer, kidney disease, and autoimmune disorders.

The current silica standards, adopted more than 40 years ago, are badly outdated, and the new silica regulations would limit levels of dust exposure for workers and prevent an estimated 1,600 new cases of silicosis.

NCL commends the DOL staff and leadership for their steadfast work to bring this rule to fruition. 

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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.

National Consumers League calls on Senate to add additional consumer protection provisions to FAA Reauthorization Act – National Consumers League

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March 21, 2016

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

Washington, DC—The National Consumers League (NCL) today called on Congressional leaders to build on the bipartisan support for pro-consumer amendments to the Senate’s Federal Aviation Administration (FAA) Reauthorization Act as the bill moves toward a vote on the floor of the Senate.

Last week, thanks to the diligent work of Senators Blumenthal, Klobuchar, Markey, and Nelson, the Senate Commerce Committee passed a FAA Reauthorization Act that includes many pro-traveler provisions that address concerns consumers have voiced for years. Requirements including airlines refund baggage fees when luggage arrives late, increased fee disclosure rules, and improvements to the Department of Transportation (DOT) complaint process are all provisions of the bill that will improve the flying experience for millions of travelers. However, there remain many serious issues that need to be addressed as the bill moves toward a floor vote.

In particular, NCL urges the full Senate to improve the bill by passing pro-consumer amendments like Senator Markey’s FAIR Fees Act, which received bipartisan support to prohibit air carriers from imposing fees that are “not reasonable and proportional” to the costs incurred by the air carriers. The Senate should also approve Senator Schumer’s proposal to require the FAA to establish minimum seat and seat pitch size standards.

“Industry consolidation, cheap fuel, packed planes, and a never-ending list of fees have combined to drive airline industry profits to historic levels,” said Sally Greenberg, NCL executive director. “The Senate Commerce Committee took the first step, and now it’s time for the full Senate to step in and ensure that the industry’s profits are not coming at the expense of consumers’ safety and pocketbooks.”

The FAA Reauthorization Act is also an important opportunity for the Senate to act on NCL’s recommendations that additional consumer protections be mandated to protect the flying public including:

  • Mandating that all ancillary fee data be reported so that consumers can compare flights based on the true cost of flying, not just a deceptively low base fare;

  • Giving the Department of Transportation authority to regulate unfair and deceptive acts and practices in the market for travel insurance;

  • Requiring travel insurance loss ratios to be reported, as the Affordable Care Act requires of health insurance providers;

  • Tiering cancellation fees based on the proximity of the travel dates;

  • Allowing consumers to transfer their tickets to another traveler without incurring a fee; and,

  • Eliminating standby fees for missed flights.

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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.

NCL: Identity theft complaints rise 47 percent in 2015, FTC report finds – National Consumers League

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March 2, 2016

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

Washington, DC—New data from the Federal Trade Commission highlights the continuing threat of identity theft to millions of consumers. In its Consumer Sentinel Network Data Book, the Commission reported a 47 percent year on year increase in identity theft complaints. As it has been for the preceding 15 years, complaints about identity theft remain among the top scams consumers report to the Commission.

“Nearly half a million complaints sends a clear message: more needs to be done to protect consumers from identity fraud,” said National Consumers League Executive Director Sally Greenberg. “One of the key drivers of the identity theft threat is the continuing flow of consumers’ personal information to fraudsters thanks to the ongoing epidemic of data breaches. The FTC’s new data should be a clanging alarm bell to policymakers in Washington and beyond that an election year is an excuse to take their feet off the gas pedal when it comes to pushing for real data security reform.”

According to Javelin Strategy & Research, nearly 1 in 3 data breach victims will experience identity fraud.  As information on tens of millions of consumers affected by data breaches continues to fall in to the hands of cybercriminals, it is likely that millions more consumers will suffer from identity fraud.

Again this year, the Data Book identified tax and wage-related identity theft as a top source of identity theft complaints to the FTC. With the recent data breach at the Internal Revenue Service, it is very likely this type of fraud will continue to affect consumers this year. While there is no fool-proof way to prevent tax ID theft, NCL has published a step-by-step guide to spotting and recovering from this fraud.

For policymakers, the need for reform should be clear. Ensuring that companies collecting consumers’ data protect it is critical to bringing down rates of identity fraud. However, without leadership from Washington, businesses and other entities that amass vast troves of consumer data will have little incentive to put data security ahead of profits.

Unfortunately, real reforms to improve data security have languished in Congress while hackers and other cyber-crooks have had a field day at consumers’ expense.  That’s why NCL has called on policymakers to adopt NCL’s Congressional Data Security Agenda. The agenda calls for reforms that:

  • Create a national data breach notification standard, while protecting strong state laws like California’s;
  • Require data holders to abide by reasonable data security requirements;
  • Clarify and strengthen the FTC’s data security authority;
  • Promote robust cyber-insurance underwriting standards;
  • Increase federal civil and criminal penalties for malicious hacking; and
  • Strengthen international anti-cybercrime partnerships.

“We know that these nearly 500,000 identity theft complaints are likely just the tip of the iceberg. Far too many identity theft victims don’t report the crime, if they’re even aware of it,” said NCL Vice President of Public Policy, Telecommunications and Fraud John Breyault. “Consumers can take steps to mitigate their risk of identity theft, but they can’t prevent it entirely. That’s why we need leaders in Washington to help make sure that the companies that hold consumers’ data protect it to the greatest extent possible.”

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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.

NCL releases ‘11 surprising facts you didn’t know about caffeine’ – National Consumers League

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March 1, 2016

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

Washington, DC—During March, which claims title to National Nutrition Month and Caffeine Awareness Month, the National Consumers League (NCL) is raising consumer awareness on the world’s most consumed “pick-me-up.” Caffeine is an especially appropriate topic given that the recently published 2015-2020 Dietary Guidelines for Americans includes recommendations on caffeine consumption. 

 “Caffeine consumption is widespread in the United States, with 85 percent of the population drinking at least one caffeinated beverage per day,” said Sally Greenberg, NCL’s executive director.  “Although most Americans have a daily caffeine ritual, many might not know about caffeine, including the latest recommendations from the official U.S. Dietary Guidelines for Americans.”

In the interest of informing American consumers and promoting moderation, NCL provides the following 11 things you likely did not know about caffeine:

1. The world’s top caffeine consuming nations include Sweden, Norway, Denmark, and the Netherlands.
2. Caffeine has been consumed by humans for thousands of years. It is reported that tea was first consumed in China as early as 3000 BC, and there is evidence of coffee consumption as early as the 9th Century in Ethiopia.
3. The principal dietary sources of caffeine remain largely unchanged, and the Dietary Guidelines confirm that most intake of caffeine in the United States continues to come from coffee, tea, and soda.
4. The recently released Dietary Guidelines conclude that moderate coffee consumption (up to 400 mg/day of caffeine) can be part of a healthy eating pattern. Moderate caffeine intake of up to 400 mg/day has also been found to be safe by Health Canada and the European Food Safety Authority.
5. On average, caffeine intake of American adults ranges from 110 mg/day (for women ages 19-30) up to 260 mg/day (for men ages 51-70) and U.S. dietary patterns indicate that caffeine intake has remained steady over the past decade.
6. The following are examples of how much you would have to consume to reach 400 mg of caffeine.

    • 16.6 servings of green tea (24 mg caffeine/8 fl. oz.)
    • 11.5 servings of brand cola (average 35 mg caffeine/12 fl. oz.)
    • 8.5 servings of black tea (47 mg caffeine/8 fl. oz.)
    • 5 servings of Red Bull energy drink (80 mg caffeine/8.4 fl. oz.)
    • 4.2 servings of regular brewed coffee (95 mg caffeine/8 fl. oz.)
    • 2.2 servings of coffee house coffee (180 mg caffeine/8 fl. oz.)
    • 2 servings of 5-Hour Energy (200 mg caffeine/2 fl. oz.)
    • 1 serving of 10-Hour Energy shot (422 mg caffeine/2 fl. oz.)

7. Some animals should not consume caffeine. Dogs, cats, and birds cannot metabolize caffeine, so don’t feed your pets chocolate or anything with caffeine!
8. Caffeine is sometimes found in surprising places like orange soda, lemonade, and enhanced water beverages.
9. Amounts of caffeine in “cold brewed” coffee can be astonishing. These products may contain as much as 2,160 mg of caffeine per 32 fl. oz. bottle (that’s the equivalent of about 23 cups of home brewed coffee, 62 cans of cola, or 45 cups of black tea!).
10. Caffeine is found naturally in over 60 plants, and it is also produced synthetically and added to some products including soft drinks and energy drinks. As the actual source of caffeine does not matter, the Dietary Guidelines treat caffeine holistically, focusing on the ingredient itself whether naturally-occurring, synthetic, or a combination of both—versus individual caffeinated products. 
11. The 2015-2020 Dietary Guidelines find strong and consistent evidence that moderate caffeine consumption in healthy adults is not associated with an increased risk of major chronic diseases (e.g., cancer, heart disease) or premature death. 

FDA currently requires food labels to disclose added caffeine as an ingredient, but the label is not required to provide the amount of caffeine. Consequently, very few products voluntarily list the total amount of caffeine they contain, although some companies, like Red Bull and Monster, and some soft drinks, provide this information voluntarily.  

“To be able to track of caffeine intake and use the 400 mg/day moderate level of intake as an upper limit guideline for recommended intake, consumers need to know how much caffeine is in the foods and beverages they consume,” said Greenberg. “To maximize transparency for consumers, NCL believes that all products containing caffeine should declare the amount of caffeine per serving—and per container—on the label.”   

Although there is wide use of caffeine, caffeine is not for everyone. The 2015-2020 Dietary Guidelines recommend that pregnant women, those who may become pregnant, and those who are breastfeeding should consult their health care providers for advice concerning caffeine consumption. Although the Guidelines are silent on other population groups, it is scientific consensus that everyone is different when it comes to caffeine. Children and teens should generally consume less caffeine due to their lower body weights (and parents should monitor). 

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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.