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NCL statement on Senate rejection of straight repeal of the Affordable Care Act – National Consumers League

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July 26, 2017

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

Washington, DC–The National Consumers League applauds the Senate’s rejection of both the Better Care Reconciliation Act as well as a straight repeal of the Affordable Care Act without a replacement. Both bills would have caused irreparable harm by stripping health coverage away from millions of Americans.

However, NCL notes that the debate is not over yet, and urges the Senate to reject the latest proposal that would repeal the ACA’s individual and employer mandates and the medical device tax. This would destabilize the individual market and lead to increased healthcare costs for consumers.

NCL calls on Senate Republicans to work together with the Democrats to improve – not dismantle — the Affordable Care Act, in order to ensure access to quality, affordable healthcare for all.

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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.

LifeSmarts honors FCCLA student leaders in Nashville – National Consumers League

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July 18, 2017

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

Campus High School students from Wichita, KS, recognized with top honors in LifeSmarts competition at FCCLA National Leadership Conference in Nashville

Washington, DC—Earlier this month, students from Campus High School, in Wichita, KS, competing at the 2017 Family, Career and Community Leaders of America (FCCLA) National Leadership Conference (NLC) took home top honors for winning first place in an FCCLA LifeSmarts competitive event held during the conference, July 2 – 6, in Nashville, Tennessee. More than 8,000 high school students from across the country competed in 32 competitive events, including the FCCLA/LifeSmarts Knowledge Bowl, during the FCCLA NLC. 

LifeSmarts is an educational and scholarship program run by the National Consumers League (NCL), the nation’s oldest consumer advocacy organization. LifeSmarts competitively tests high school students’ knowledge of consumer awareness, with subjects including personal finance, health and safety, consumer rights and responsibilities, technology, and the environment. The free program is available in all 50 states, the District of Columbia, and in partnership with student leadership programs FCCLA, as well the Future Business Leaders of America (FBLA). Thanks to the partnership with FCCLA, traditional LifeSmarts topics are expanded to include tourism, housing, fashion design, and early childhood development to focus on family and consumer sciences-specific content within the competition.

In Nashville, the top 14 FCCLA LifeSmarts teams competed over the course of two days. On Monday, July 3, teams competed in pool play, competing three times for cumulative points. The top eight teams advanced to a knockout bracket, which determined the final match-up between Campus High School and the team from Brookings High School, Brookings, South Dakota. On Wednesday, July 5, the two finalist teams competed head-to-head in front of thousands of spectators to kick off the FCCLA Recognition Session held during the NLC. 

Students attended the FCCLA conference to expand their networks, enhance leadership skills, attend workshops, and compete in FCCLA STAR events, including the FCCLA/LifeSmarts Knowledge Bowl.

LifeSmarts honors in Nashville

Students from Campus High School in Wichita, KS, coached by Renae Spangler, took home first place in the LifeSmarts competition. The team is made up of students Hope Wilson, Nick Redfield, Heather Robey, Karina Villa, and Kasen Williams.

Other winners included:

  • Brookings High School from Brookings, SD, coached by Joline Dunbar (2nd place)
  • West St. Francois High School from Park Hills, MO, coached by Tiffany Miller (3rd place)

“We are so proud of all the LifeSmarts competitors. Throughout competition they exemplified the strength of the LifeSmarts and FCCLA partnership, showcasing team spirit, good sportsmanship, leadership, and a breadth of knowledge in financial literacy and family and consumer sciences,” said Lisa Hertzberg, LifeSmarts program director.     

The LifeSmarts competition is part of a comprehensive, national, competitive events program sponsored by FCCLA, in partnership with NCL, which recognizes and rewards excellence in a broad range of family and consumer sciences and career-related areas. For many students, the competitive events are the capstone activity of their academic careers. In addition to competitions, students immersed themselves in interactive workshops, visited an information-packed exhibit hall, and heard from motivational speakers on a broad range of topics. 

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About LifeSmarts and the National Consumers League

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: LifeSmarts.org, email lifesmarts@nclnet.org.

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

About FCCLA

Family, Career and Community Leaders of America (FCCLA), is a dynamic and effective national student organization that helps young men and women become leaders and address important personal, family, work, and societal issues through Family and Consumer Sciences education.  FCCLA has more than 160,000 members and more than 5,400 chapters from 48 state associations, Puerto Rico, and the Virgin Islands.

FCCLA: The Ultimate Leadership Experience is unique among youth organizations because its programs are planned and run by members, and it’s the only career and technical in-school student organization with a central focus on family.  Participation in national programs and chapter activities helps members become strong leaders in families, careers, and communities.

LifeSmarts honors FBLA student leaders in Anaheim – National Consumers League

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July 18, 2017

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

George C. Marshall High School students recognized with top honors in LifeSmarts competition at FBLA National Leadership Conference in Anaheim

Washington, DC—Earlier this month, students from George C. Marshall High School in Falls Church, VA, competing at the 2017 Future Business Leaders of America (FBLA) National Leadership Conference, took home cash prizes for winning first place in the FBLA LifeSmarts competitive event, June 29–July 2, in Anaheim, California. More than 14,000 of America’s best and brightest high school students from across the country gathered in Anaheim for the annual leadership conference, hosted by FBLA, at which top future business students compete in 65 events.

LifeSmarts is an educational and scholarship program run by the National Consumers League (NCL), the nation’s oldest consumer advocacy organization. LifeSmarts competitively tests high school students’ knowledge of consumer awareness, with subjects including personal finance, health and safety, consumer rights and responsibilities, technology, and the environment. The free program is available in all 50 states, the District of Columbia, and in partnership with student leadership programs FBLA, as well as the Family, Career and Community Leaders of America (FCCLA.) 

Sixteen FBLA LifeSmarts teams competed over the course of two days, accumulating points through buzzer matches, a team competition, and individual written assessments. The top eight teams advanced to the second day of competition and competed in a knock-out bracket. The team from George C. Marshall High School beat a team from Lynbrook High School in San Jose, California, in the final match.

Students attended the FBLA conference to enhance their business skills, expand their networks, and participate in business-related competitive events, including the LifeSmarts competition.

LifeSmarts honors in Anaheim

Students from George C. Marshall High School, Falls Church, Virginia, coached by FBLA Adviser Rebekah Glasbrenner, took home first place in the LifeSmarts competition. The team is made up of students Ethan Epstein and Sam Hassett, both recent graduates.

Other winners included:

  • Lynbrook High School from San Jose, California (2nd place)
  • Nickerson High School from Nickerson, Kansas (3rd place)
  • Pensacola High School from Pensacola, Florida (4th place)

“We are so proud of all the LifeSmarts competitors. Throughout competition they exemplified the strength of the LifeSmarts and FBLA partnership, showcasing team spirit, good sportsmanship, leadership, and a breadth of knowledge in financial literacy and consumer rights,” said Lisa Hertzberg, LifeSmarts program director.

The LifeSmarts competition is part of a comprehensive, national, competitive events program sponsored by FBLA-PBL, in partnership with NCL, which recognizes and rewards excellence in a broad range of business and career-related areas. For many students, the competitive events are the capstone activity of their academic careers. In addition to competitions, students immersed themselves in interactive workshops, visited an information-packed exhibit hall, and heard from motivational speakers on a broad range of business topics.

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About LifeSmarts and the National Consumers League

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: LifeSmarts.org, email lifesmarts@nclnet.org.

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

About FBLA-PBL, Inc.

Future Business Leaders of America-Phi Beta Lambda, Inc., the premier student business organization, is a nonprofit 501(c)(3) education association with a quarter million members and advisers in over 6,500 active middle school, high school, and college chapters worldwide. Its mission is to bring business and education together in a positive working relationship through innovative leadership and career development programs. The association is headquartered in Reston, Virginia, just outside of Washington, DC For more information, visit fbla-pbl.org.

National Consumers League celebrates CFPB’s final rule to guarantee consumers their day in court – National Consumers League

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July 11, 2017

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

Washington, DC— After five years of careful study, the Consumer Financial Protection Bureau (CFPB) today issued its final rule to greatly restrict the use of forced arbitration clauses in consumer contracts. The National Consumers League (NCL) applauds the CFPB’s efforts to restore consumers’ right to challenge financial fraud in court, and the agency’s realization of its congressional mandate under the Dodd-Frank Act to rein in this practice.

The following statement is attributable to Sally Greenberg, NCL executive director:

“Forced arbitration is a tactic employed by corporate America to deprive consumers of their day in court when companies engage in misconduct. These ‘ripoff clauses’ are always buried in the fine print of contracts and have the effect of curtailing consumers’ legal rights and forcing them into closed arbitration sessions bought and paid for by company interests. Since the arbitrators rely on industry for business, arbitrators too often side against harmed consumers and in favor of their corporate clients–in fact, 93 percent of the time. Under the new rules, companies will not have free rein to use these odious clauses, which NCL believes gives a green light for toxic corporate behavior. The CFPB’s rule will help restore the rights of consumers to join class-action lawsuits and bring transparency to the opaque process of arbitration. NCL is proud to stand with more than 280 consumer, civil rights, labor, and community groups to support the CFPB’s arbitration rule. Today’s action is an important step forward in the fight to empower consumers in the financial marketplace.”

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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 letter to Committee on Commerce, Science, and Transportation in support of Fair Fees Act – National Consumers League

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June 28, 2017

The Honorable John Thune
Chairman
Committee on Commerce, Science, and Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

Dear Senators Thune and Nelson,

The National Consumers League (NCL) urges you to support the FAIR Fees Act of 2017. The bill, sponsored by Senators Markey and Blumenthal will increase competition and benefit consumers who are increasingly abused by the airlines’ nickel-and-diming practices.

Thanks to unchecked consolidation, four major airlines now control more than 80% of all domestic flights. This unprecedented concentration of power has allowed the proliferation of punitive add-on fees to spread unchecked. Through an industry-wide “unbundling” strategy, the three biggest U.S. airlines — United, American, Delta — increased their ancillary fees revenue from $5.3 billion in 2008 to $14.69 billion in 2015, a staggering 177% increase. [1] U.S. air carriers, legally barred from colluding on fares, have shown a willingness to collaborate on fees. In 2013, for instance, the three largest domestic airlines all increased their cancellation/change fees from $150 to $200 within two weeks of each other. [2]

The massive increase in ancillary fees coincided with a long period of low fuel costs and historically high profits for the airlines. [3] In a truly competitive marketplace, airlines would have shared their savings with consumers to increase their market share, or at the very least, the increase in fees would have coincided with additional service. Unfortunately for consumers, the ancillary fees charged by the airlines bear no relation to the actual cost for the airline to provide the service that these fees allegedly support.

Fortunately, the FAIR Fees Act, which received bipartisan support when it was considered last year, would rein in this abusive practice. Under the legislation, airlines would be prohibited airlines from charging cancellation, baggage or other ancillary fees that are “unreasonable or disproportionate to the costs incurred by the air carrier,” as determined by the Department of Transportation.

Increasing competition is the best solution for improving consumers’ air travel experience. In the absence of competition, rules banning unfair and deceptive practices, such as advertising low fares only to slam consumers with large ancillary fees that bear no relation to the cost of providing the service is the next best step. NCL urges you to support the bipartisan FAIR Fees Act, and we hope we can count on your help in advancing this common sense pro-consumer legislation through committee.

Sincerely,

Sally Greenberg
Executive Director
National Consumers League

CC: Members of the Senate Commerce Committee

[1] IdeaWorksCompany.com. 2016 CarTrawler Yearbook of Ancillary Revenue. September 20, 2016. Online: https://www.cartrawler.com/ct/media/2016/09/CarTrawler-ancillary-revenue-yearbook-2016.pdf

[2] Mayerowitz, Scott. “Analysis:Airline mergers have already led to higher fares,” Associated Press. August 14, 2013. Online:https://indianexpress.com/article/news-archive/web/airline-mergers-have-already-led-to-higher-fares/

[3] 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

 

NCL disappointed in House committee vote to give airlines control of air traffic control – National Consumers League

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June 28, 2017

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

Washington, DC–The National Consumers League (NCL) today expressed disappointment with the passage of anti-consumer legislation extending the authorization on the Federal Aviation Administration (FAA) in the House Transportation and Infrastructure Committee. The following statement is attributable to Sally Greenberg, NCL executive director:

Yesterday, in a near party-line vote the Republican members of the House Committee on Transportation and Infrastructure voted to give away our public airspace to the airlines. Under this proposal, the very entities that have suffered numerous computer outages that downed thousands of flights, would be in charge of the critical Air Traffic Control (ATC) infrastructure.

It is mind-boggling that in an era of record airline consolidation, members of the committee chose to give even more control to the oligopolistic airline industry. It is further troubling that, when given the choice to support an amendment to ensure that government representatives of the newly privatized ATC corporation act in the public interest, the committee again declined even this modest improvement, ensuring that the airline industry has full control of the ATC corporation.

The National Consumers League urges members of the House and Senate to reject this radical and dangerous privatization proposal and to vote “no” on any bill or amendment that gives control of the nation’s critical ATC infrastructure to the airlines. We will continue to do all we can to oppose this anti-consumer, anti-competition legislation.

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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 letter to the Senate Commerce Committee in support for Markey/Blumenthal Passengers’ Bill of Rights – National Consumers League

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June 26, 2017 

The Honorable John Thune
Chairman
Committee on Commerce, Science, and Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510 

The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

Dear Senators Thune and Nelson,

The National Consumers League urges you to support the Airline Passengers’ Bill of Rights introduced by Senators Markey and Blumenthal.[1] This pro-consumer legislation would lay the groundwork for increased competition and introduce long-awaited consumer protections to the airline marketplace.

Today, unchecked consolidation has allowed 4 airlines to control 80% of domestic flights. This consolidation has left many cities at the mercy of one or two airlines, and left many consumers with no choice but to keep returning to the same airlines that continue to mistreat them. Given this lack of competition and choice, it is perhaps little wonder that consumers are forced to suffer from a laundry list of mistreatment including:

  1. Airlines have increased load factors to more than 80%.[2] This makes overbooking situations more likely and increases the hardship faced by consumers when mass cancellations occur either due to weather, or due to a airline wide technological failure.
  2. 40,629 paying consumers were involuntarily bumped in 2016.[3]
  3. Seat size pitch has dropped from 35 inches in the 1970s an average of 31 inches today.[4] The decreased seat size has raised concerns in the medical community due to the fear of deep vein thrombosis[5] and disability rights community who are concerned that their constituents are not able to use the inflight lavatories.[6]

With shrinking seats, involuntary bumpings, and with few rights in the event of a cancellation, it is perhaps not surprising that airline complaints have skyrocketed nearly 70% in recent months.[7] The Passengers’ Bill of Rights will address these concerns by:

  1. Prohibiting involuntary bumping – Airlines that wish to continue the practice of overselling will have to revert to the free market concept of offering increasing levels of compensation to motivate consumers to take a later flight.
  2. Requiring airlines to maintain interline agreements with other airlines, and compensate consumers for lengthy delays – Interlining agreements will allow consumers to get to their destination sooner, and in the event that flying on another airline is not possible, they will receive the accommodations they deserve.
  3. Creating a minimum seat size standard – After careful study by health professionals and input from the disability rights community, the Department of Transportation will create a minimum seat size standard that will protect consumers from the adverse health effects of squeezing yourself into a small seat.
  4. Reining in out-of-control nickel-and-diming – Airlines will be required to justify sky-high ancillary fees for services like changes and cancellations and baggage fees. Airlines will also be required to refund bag fees immediately when a bag is lost or damaged.
  5. Reinstating passengers’ access to the courts – Consumers will once again be able to hold airlines accountable for denying them basic rights, including denying people with disabilities access to airline facilities
  6. Beginning to address the lack of competition in the airline industry – The GAO will begin a long-overdue review of the impact of the dramatic consolidation of the U.S. airline industry on consumers and competition

U.S. airlines have long claimed that deregulation, combined with competition would lead to a better air travel experience for all. Unfortunately for consumers, the mergers they promised would improve their service have instead only raised prices and lowered customer service. The Passengers’ Bill of Rights would restore the basic rights of passengers when they fly. NCL strongly urges you to support this common sense, pro-consumer legislation.

Sincerely,

Sally Greenberg
Executive Director
National Consumers League

CC: Members of the Senate Commerce Committee

[1] “MARKEY, BLUMENTHAL INTRODUCE AIRLINE PASSENGERS’ BILL OF RIGHTS,” Press release. June 26, 2017. Online: https://www.markey.senate.gov/news/press-releases/markey-blumenthal-introduce-airline-passengers-bill-of-rights

[2] Bureau of Transportation Statistics. “Load Factor (passenger-miles as a proportion of available seat-miles in percent (%)) All U.S. Carriers – All Airports,” Online: https://www.transtats.bts.gov/Data_Elements.aspx?Data=5

[3] United States Department of Transportation. Air Travel  Consumer Report. Pg. 35. April 2017. Online: https://www.transportation.gov/sites/dot.gov/files/docs/resources/individuals/aviation-consumerprotection/278481/2017-april-atcr.pdf

[4]Congressman Steve Cohen. “Reps. Cohen and Kinzinger, Senators Blumenthal, Schumer, Markey, Menendez and Feinstein Introduce Bipartisan, Bicameral SEAT Act,” Press release. March 9, 2017. Online: https://cohen.house.gov/media-center/press-releases/reps-cohen-and-kinzinger-senators-blumenthalschumer-markey-menendez-and

[5] “Safety risk of shrinking airline seats questioned,” Los Angeles Times. April 14, 2015. Online:             https://www.latimes.com/business/la-fi-airline-seat-risks-20150414-story.html

[6] Eng, Dinah. “Smaller Bathrooms on Planes Pose Challenges for Passengers,” New York Times. December 23, 2016. Online: https://www.nytimes.com/2016/12/23/travel/smaller-airplane-bathrooms-challenges-forpassengers.html

[7] U.S. Department of Transportation. Air Travel Consumer Report. June 2017. Pg. 37. Online: https://cms.dot.gov/sites/dot.gov/files/docs/resources/individuals/aviation-consumer-protection/282456/2017juneatcr_0.pdf

NCL statement on the Senate Republican release of the Better Care Reconciliation Act of 2017 – National Consumers League

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June 23, 2017

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

Washington, DC–The following statement is attributable to Sally Greenberg, NCL executive director:

After weeks of unprecedented closed-door meetings and deal making, Senate Republicans released their version of a bill to repeal and replace the Affordable Care Act. This cruel legislation shows a brazen disregard for the well-being of Americans, and prioritizes special interests and tax breaks for the rich over affordable healthcare for all. Provisions of this bill include the elimination of essential health benefits, the establishment of ineffective high risk pools to cover America’s most vulnerable populations, and catastrophic cuts to Medicaid that surpass those included in the House bill. The bill directly contradicts President Trump’s guarantee to leave Medicaid intact, and represents a broken promise to the American people to improve upon the House’s legislation and ensure affordable coverage for every American. 

The National Consumers League urges patients and consumers to engage their Senators and ask them to vote “no” on this bill that will take healthcare away from millions of Americans. We will continue to work with our colleagues in the health and advocacy arenas to vehemently oppose this unscrupulous bill.

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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.

Child Labor Coalition applauds the introduction of two congressional bills to reduce dangerous child labor in U.S. agriculture – National Consumers League

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June 13, 2017

Washington, DC—The Child Labor Coalition (CLC) and its 35 members applaud the re-introduction late yesterday of two congressional bills that would significantly reduce child labor in U.S. agriculture and largely equalize child labor laws for wage-earning children on farms with current rules for non-farm work.

In the House of Representatives, Rep. Roybal-Allard (D-CA) re-introduced the Children’s Act for Responsible Employment (CARE), which would amend the Fair Labor Standards Act, removing the exemptions that prevent the nation’s child labor laws from applying to children who work for wages on farms.

“A 12-year-old is not allowed to work in our air-conditioned office,” said Sally Greenberg, executive director of the National Consumers League and a co-chair of the CLC. “Yet, that same child is allowed to work unlimited hours, seven days a week on a farm, performing back-breaking work.”

CARE would also raise the age at which children laboring on farms can perform hazardous work from 16 to 18, which is the norm for all non-farm work. “We lose far too many children to work accidents on farms,” said CLC Coordinator Reid Maki. “This change is long overdue.”

“Child farmworkers work at far younger ages, for longer hours, and under more hazardous conditions than children are allowed to work in any other industry. It’s time to end this double standard in U.S. law and ensure they have the same protections as other working youth,” said CLC-member Jo Becker, children’s rights advocacy director for Human Rights Watch.

Under CARE, children who work on their family’s farm would continue to be exempt from child labor laws so they may learn farming skills from their parents.

Yesterday, Rep. David Cicilline (D-RI) and Sen. Dick Durbin (D-IL) also reintroduced legislation—the Children Don’t Belong on Tobacco Fields Act—that would ban child labor in U.S. tobacco fields.

“In the last Congress, more than 60 organizations endorsed this legislation, which is critical to protect child farmworkers from nicotine poisoning and unnecessary pesticide exposure,” said Norma Flores López, the CLC’s Domestic Issues Committee chair. “Impoverished farmworker children should not be asked to help harvest such a dangerous crop.”

“Senator Durbin and Congressman Cicilline get it,” said First Focus Campaign for Children President Bruce Lesley, also a member of the CLC. “We don’t let kids consume tobacco products; we sure shouldn’t let kids risk their lives to produce them.”

“The proposed ban on child labor in tobacco and the CARE Act would go far to protect child farmworkers from well-established work dangers,” said CLC Co-Chair Dr. Lorretta Johnson, secretary-treasurer of the American Federation of Teachers, who added that child labor and migration have a profound impact on the education of child farmworkers. “More than half of children who regularly work on farms will not graduate from high school. That is unacceptable. Until all children, regardless of where they are born, have the same opportunity to receive an education, we will continue advocating and fighting on their behalf.”

“Yesterday marked the global celebration of World Day Against Child Labor,” said NCL’s Greenberg. “We would like to thank Rep. Roybal-Allard, Rep. Cicilline, and Senator Durbin for standing up for America’s most vulnerable workers—farmworker children.”  

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About the Child Labor Coalition

The Child Labor Coalition, which has 35 member organizations, represents consumers, labor unions, educators, human rights and labor rights groups, child advocacy groups, and religious and women’s groups. It was established in 1989, and is co-chaired by the National Consumers League and the American Federation of Teachers. Its mission is to protect working youth and to promote legislation, programs, and initiatives to end child labor exploitation in the United States and abroad. The CLC’s website and membership list can be found at www.stopchildlabor.org.

Food watchdog groups sue Trump Administration over menu labeling – National Consumers League

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June 7, 2017

Media contacts: Peter Lehner | plehner@earthjustice.org |212-845-7389; Jeff Cronin | jcronin@cspinet.org | 202-777-8370; Carol McKay | carolm@nclnet.org | 412-945-3242

Washington, DC—The Center for Science in the Public Interest and the National Consumers League, both represented by the nonprofit law firm Earthjustice, filed a lawsuit today in U.S. District Court for the District of Columbia challenging the U.S. Food and Drug Administration’s decision to delay a rule requiring chain restaurants, supermarkets, convenience stores, and other food retail establishments to post calorie counts for prepared food and beverages.  

FDA issued the rule requiring disclosure of calorie counts and other nutrition information in 2014 but, one day before industry was due to comply in May 2017, the FDA delayed the compliance deadline for an additional year until May 2018.

Without menu labeling, it’s hard for consumers to estimate the calorie content of popular restaurant items. For instance, a pecan roll from Panera has over 300 more calories than a chocolate pastry. 7-Eleven’s Big Bite Hot Dog & Big Gulp Coke (560 calories and 320 calories, respectively), currently advertised for $2.22, provide more than 40 percent of a person’s suggested daily caloric intake.  Some items contain almost an entire day’s worth of calories: a regular oriental chicken salad from Applebee’s contains approximately 70 percent of a person’s suggested daily caloric intake, and a slice of the Cheesecake Factory’s Carrot Cake has more than 80 percent.

Menu labeling also encourages restaurants to offer more healthful menu items and portion sizes. Between 2005 and 2011, healthier food options increased from 13 percent to 20 percent at five fast food chains subject to state and local menu labeling requirements.

“The Trump administration’s delay of menu labeling ill serves consumers, who need and want better information about their food choices,” said CSPI Director of Nutrition Policy Margo G. Wootan. “But the delay also ill serves the restaurant industry, which supports menu labeling and has already invested in new menus and menu boards.  By siding with convenience stores and supermarkets over restaurant chains, the Trump administration is randomly sowing chaos.”

Numerous studies indicate that menu labeling is both necessary to and effective in reducing the amount of food purchased and, thus, reducing the health and environmental impacts of food production, consumption, and disposal.

Over two-thirds of U.S. adults and one-third of children are overweight or obese, contributing to high levels of diabetes, high blood pressure, heart disease, and cancer. Eating out contributes to obesity and poor nutrition. On a typical day, 33 percent of children, 41 percent of adolescents and 36 percent of adults eat at fast food restaurants. Studies show that people tend to consume more calories, saturated fat, and sugary drinks and fewer fruits and whole grains when eating out.

“There is absolutely no justification for further delaying this menu labeling rule,” said Sally Greenberg, Executive Director of the National Consumers League. “Consumers overwhelmingly say they use and want nutrition information about the food they are eating or buying when they’re out at restaurants or getting takeout; and many of the leading restaurants and trade associations are already providing calories and other facts about what’s on the menu.”  

“The recent delay in the rule is yet another example of the Trump administration’s willingness to accommodate even unfounded and partial industry opposition to the detriment of the health and welfare of people and families across the country,” said Peter Lehner, the Earthjustice senior attorney handling the lawsuit.

“There are monitors that can tell us exactly how many steps we take in a day and how much sleep we get at night, but we are denied the basic right to know how many calories are served at a restaurant,” said Lehner. 

FDA’s menu labeling rule has widespread support ranging from the National Restaurant Association to the American public. Eighty percent of consumers support menu labeling in chain restaurants; 77 percent want menu labeling at convenience stores; and 81 percent favor having supermarkets provide calorie information for their prepared restaurant-type foods.

Even though the National Restaurant Association supported the menu labeling rule, some food service establishments, such as supermarkets, convenience stores, and pizzerias continue to complain.  

This lawsuit asserts that the delay of the menu labeling requirement—published without prior notice or an opportunity for comment, one day before the menu labeling rule was supposed to take effect—is illegal and must be vacated.  Since the regulated industry was ready to comply before the delay, it can promptly comply with the menu labeling rule once reinstated and, thus, begin to provide this important health information to the public without delay, according to the complaint. 

Read the complaint at Earthjustice.org.

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The Center for Science in the Public Interest is a nonprofit health-advocacy group based in Washington, D.C., that focuses on nutrition and food safety. CSPI is supported largely by it supporters and subscribers to its Nutrition Action Healthletter and by foundation grants.

Earthjustice, the nation’s premier nonprofit environmental law organization, wields the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy and to combat climate change. Because the earth needs a good lawyer.

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.