Farmworkers and COVID: ‘A ticking time bomb’

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It’s been referred to as a “ticking time bomb,” the coronavirus and its potential impact on farmworkers—the incredibly hard-working men, women, and children who pick our fruits and vegetables and provide other essential agricultural work. Farmworkers are notoriously underpaid for dirty, back-breaking work and now face great risk from COVID-19.

Farmworker advocacy groups that National Consumers League (NCL) works with or supports—such as Farmworker Justice, the Coalition of Immokalee Workers, the United Farmworkers of America (UFW), the Farm Labor Organizing Committee, and a national cadre of legal aid attorneys—have spent recent months strategizing about ways to protect this community that is especially vulnerable to the virus.

Farmworkers are poor, with extremely limited access to health care and, due to their poverty, often report to work despite illness. The risks of an outbreak are especially great because workers often toil in close physical proximity to one another as they harvest, ride to the fields in crowded buses and cars, have limited access to sanitary facilities, including hand-washing, and often live in overcrowded, dilapidated housing.

Despite their essential contributions to the economy, farmworkers have been cut out of the emergency relief packages. The Trump Administration has even revealed plans to lower pay for agricultural guest workers who sacrifice home and family to come to the United States to perform arduous farm labor. Advocates fear that decreasing guest worker wages would drive down wages for farmworkers already living and working in the United States.

The majority of farmworkers are immigrants from Mexico or are the children of Mexican immigrants, often socially isolated from mainstream America. Poverty forced many farmworkers to leave school at an early age. It also causes them to bring their children to work in the fields so that child labor can supplement their meager incomes. Language and cultural barriers further their isolation. NCL, through the Child Labor Coalition (CLC), which it founded and co-chairs, continues to work to close the loopholes in labor laws that allow children in agriculture to work at early ages—often 12—and to begin performing hazardous work at age 16.

“When the virus began to move into America’s rural areas, many socially- and culturally-isolated farmworkers hadn’t heard about the virus,” said Reid Maki, director of child labor issues and coordinator of the CLC. “Some were confused that the grocery store shelves were empty and that the bottled water they usually buy suddenly cost much more. In some cases, farmworkers are not being told about the virus or the need to take special precautions while working.”

Farmworkers face an alarming dearth of protective equipment. Many farmworkers groups, are urgently racing to provide masks and other protective gear.

A farmworker with COVID-19 is unlikely to know he or she has it and, therefore, very likely to keep working and infect their family and coworkers. Recently, a growers group tested 71 tree fruit workers in Wenatchee, WA. Although none of the workers were showing symptoms of COVID-19, more than half tested positive!

Concerned about these developments, the CLC wrote letters in May to several appropriators and the Committee on Agriculture, asking for additional nutritional and childcare resources for farmworker families.

Box: How to get involved

  • Sign the Food Chain Workers Alliance to urge Congress to include resources for food chain workers.
  • Sign UFW’s petition urging Congress to stop Trump Administration efforts to lower wages for agricultural guest workers.
  • Make masks and send them to farmworker groups in your state.
  • Urge congressional representatives to fund farmworker relief efforts.

Fraud alert: Use caution when talking to ‘old friends’ on Facebook

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Facebook is a terrific tool for staying in touch with old friends, former classmates, family, and community members. Unfortunately, like other popular social media platforms, it also attracts scammers looking to abuse the system for their own gain. We’ve recently heard from nearly a dozen consumers who have contacted Fraud.org about scammers using Facebook’s Messenger service to try to defraud them by posing as long lost friends.

The set-up for these scams is remarkably consistent. Consumers who sent us complaints report that these scams begin when they receive a message on Facebook Messenger from someone impersonating a former classmate or an old friend. When the recipient responds, the scammer strikes up a conversation to build trust. Once trust is established, the impersonator urges the consumer to send a text message to a number the scammer controls to get information on a grant, prize, or even government stimulus funds. When the victim texts the number, they are urged to pay an up-front fee and/or supply personal information (Social Security number, bank account/credit card information, etc.) to collect the non-existent money. Victims who do send the money are then urged to send even more money until they catch on. Unfortunately, the money is often sent via wire transfer or gift cards, which are extremely difficult or impossible to stop or reverse.

While this scam is not new, the request to take the conversation off Facebook Messenger and on to text message is a new twist. This is likely due to the scammers trying to evade anti-fraud technology employed by Facebook.

Here are tips to reduce your risk of falling victim to this scam:

Don’t immediately assume your Facebook friend is who they claim to be. Thanks to widespread data breaches, it is not difficult for scammers to get the information they need to compromise a Facebook account. If you receive a message from someone you have not spoken to in a long time, do not assume that the message is legitimate. The safest course of action is to simply ignore the message.

Test them. If you do engage in a conversation and become suspicious, you can try to verify the identity of the person messaging you by asking them a question only they would know (i.e., who was our 9th grade English teacher?).

Beware requests to take conversations off Facebook Messenger. Complaints we have received often describe requests to move conversation from Facebook (where they can be monitored) to text message. This is a big red flag for fraud.

Anyone who asks you to send money to get money is swindling you. If you are asked to pay money to collect a prize, grant, stimulus check, or any other type of reward, it is a scam.

Turn on two-factor authentication and encourage your friends to do the same. One of the reasons this scam occurs is that consumers tend to re-use passwords across multiple websites (your email and Facebook account, for example). That means that if your username and password are compromised at one website, scammers can use that information to try and compromise your account at other websites. An effective way to reduce the risk of this is to turn on two-factor authentication. This will require anyone trying to log in to your Facebook account to supply a special code (typically provided via text message or an authentication app) before they can log in.

If you suspect that you have become a victim, report it immediately. You can file a complaint at Fraud.org via our secure online complaint form. We’ll share your complaint with our network of law enforcement and consumer protection agency partners who can investigate and help put fraudsters behind bars.

Scammers coming out of woodwork to prey on vulnerable

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Today’s economic news is grim. Nearly 40 million Americans have found themselves without employment due to the COVID-19 pandemic. For the newly jobless, state unemployment insurance benefits are a lifeline that helps them keep the lights on and provide food for their families. Unfortunately, the combination of billions of dollars in federal stimulus money flowing to state unemployment funds and the tens of millions of new claimants has created a once-in-a- lifetime opportunity for identity thieves: unemployment benefits scams.

According to the Secret Service and media reports, organized rings of criminals are working to siphon off unemployment insurance payments, potentially worth hundreds of millions of dollars, intended for workers who have been laid off due to the COVID-19 pandemic. In the state of Washington, for example, scammers reportedly made off with nearly $1.6 million in a single month. This scam is reportedly even affecting consumers who have not yet lost their jobs.

The recent spike in this type of scam is unfortunately not unique. When news captures the public’s attention—think major hurricanes, terrorist attacks, and economic slowdowns—scammers come out of the woodwork to take advantage of legitimate fears and concerns. In today’s coronavirus environment, there is an unprecedented opportunity for criminals to use the public’s fears about the virus and the resulting economic downturn to defraud consumers.

Since the pandemic began, NCL’s Fraud.org project has seen an uptick in complaints about a variety of scams preying on increasingly vulnerable, financially strapped, and fearful consumers.

“Scammers running phishing schemes, stimulus check fraud, and even pet adoption scams have all been working overtime to use the COVID-19 pandemic as a way to defraud consumers,” said John Breyault, director of NCL’s Fraud.org campaign. “We forecast these scams will continue to increase and evolve and are eager to get the word out about how Pennsylvanians can protect themselves.”

Over the last several months, NCL has devoted monthly Fraud Alerts to giving consumers the tools to spot and avoid some of the many types of scams related to COVID-19. Alerts have featured the most pernicious types of scams that are increasing due to coronavirus, ranging from job scams to increased reports of fraudulent robocall activity.

“As the coronavirus has upended daily life, robocall operators have quickly shifted to blasting out spam phone calls offering all manner of coronavirus-related products and services,” said Breyault. It’s estimated that at least one million robocalls per day are inundating Americans’ cell phones. Fraudulent robocallers are offering air duct sanitation services, work-from-home opportunities, cut-rate health insurance, and immune-system boosting nutritional supplements. Other robocalls have reportedly offered free insulin kits to diabetics, along with free coronavirus testing kits.

“At best, consumers who respond to these calls are setting themselves up to lose money for a non-existent product or service,” said Breyault. “At worst, delaying needed emergency treatments on the belief that a fake coronavirus treatment will save your life could be deadly to you and those you come into contact with.”

In May, NCL hosted a virtual fireside chat with Pennsylvania Attorney General Josh Shapiro and a panel of consumer protection experts on the growing threat of scams linked to the COVID-19 pandemic. NCL’s Breyault and AG Shapiro discussed what they are hearing from consumers, tactics for reaching the most vulnerable populations, and the importance of collaboration for getting key messages out to consumers.

“The work [NCL] is doing to get the word out is so important,” said General Shapiro. “There will be some people who hear my voice, and some people who hear your voice. But the key is that collectively we are warning people about scams and that we’re working together to share actual information—not myths—and not propaganda by one group or the other.”

Everything’s canceled. Now what?

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The COVID-19 pandemic upended the daily rhythms for hundreds of millions of consumers, seemingly overnight. Airlines cancelled more than 90 percent of their flights. Gyms and health clubs closed en masse. Tens of thousands of concerts, Broadway shows, and sporting events have been cancelled or postponed indefinitely. What do all these businesses have in common?

They all take money from consumers in advance for services (e.g., flight, concerts, yoga classes) to be provided at some point in the future. For consumers, this meant that they have hundreds or even thousands of dollars tied up for services that cannot be provided due to COVID-related lockdowns.

While many businesses have done the right thing and refunded consumers, many have not. For example, many airlines have made obtaining refunds for canceled flights difficult even though Department of Transportation regulations require prompt refunds in the event a flight is cancelled. Big ticketing companies like Ticketmaster have given ticket-holders mixed messages on whether and how they can obtain refunds. And many gyms continue to collect membership fees even though they are closed to the public.

“There is no question that businesses are struggling with unprecedented difficulties due to the COVID-19 pandemic,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud. “The airlines that are unable to fly still must maintain their airplanes and pay their employees. Ticketing companies facing canceled events are often at the mercy of promoters, artists, and sports leagues. But the needs of these businesses must be weighed against the needs of consumers, tens of millions of whom are newly jobless and struggling to make ends meet.”

It is for this reason that NCL has been actively pressuring airlines and ticketing companies to promptly provide consumers with full refunds for cancelled and postponed flights and live events. NCL experts have contributed to dozens of newspaper, television, and radio interviews raising awareness about this problem and communicating the outrage they are hearing daily
from consumers.

“What consumers are being asked to do, essentially, is give airlines, ticketing giants, and other businesses long-term no-interest loans with no expectation for when the service they paid for will be provided,” said Breyault. “At a time when millions of families are wondering where the next mortgage or rent payment is going to come from, we can’t let unscrupulous businesses get away with that.”

In addition to raising alarm in the press, NCL has endorsed consumer protection legislation like the Cash Refunds for Coronavirus Cancellations Act of 2020. That bill, proposed by consumer champions like Senators Ed Markey, Richard Blumenthal, and Elizabeth Warren, would require airlines to refund the more than $10 billion on consumers’ money they are holding on to from cancelled flight reservations. NCL is also a long-time supporter of the Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2019 (BOSS ACT). That bill, introduced by Congressmen Bill Pascrell and Frank Pallone and Senator Blumenthal would require that any refunds provided for cancelled or postponed events include all ancillary fees paid.

With the return to a pre-COVID “normal” still far away, and new outbreaks expected in the fall, it is likely that consumers will continue to encounter difficulties receiving refunds for some time. NCL will continue to be on the front lines to make sure that consumers are not left holding the bag when big businesses cannot hold up their end of the bargain.

Advocating for emergency air transport coverage

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This spring, NCL sent a letter to the CEOs of Cigna, Aetna, and UnitedHealth Group, urging them to enter into productive negotiations with air medical service providers to ensure coverage of emergency air medical transportation. The ask came as the COVID-19 pandemic spread across the country, making air medical services even more essential, particularly in rural America.

“We are increasingly concerned about emergency air medical access during this crisis, and believe this life-saving care should be covered by every insurance plan,” said NCL Associate Director of Health Policy Nissa Shaffi.

“We are asking that insurers review the robustness of their coverage policies and immediately enter into network negotiations with air medical providers so that this critical service is covered, and patients are never left with a bill they cannot pay.”

At-home vision assessments no replacement for in-office visits

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With COVID-19 keeping many of us at home, companies claiming to offer at-home vision tests are ramping up their marketing, despite the fact that there is no U.S. Food and Drug Administration-approved at-home device that people can use to self-conduct a vision assessment, let alone a full eye examination. These devices aren’t even proven to provide an accurate vision prescription. NCL has long recommended an annual, in-person eye exam as part of consumers’ annual health and wellness routines.

“Consumers need to be wary of products that mistakenly claim that their at-home devices can provide an eye exam or a vision prescription and should instead consult their eye doctors who are available to help provide safe solutions,” said NCL Associate Director of Health Policy Nissa Shaffi.

Sorting through bogus health claims

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Across the United States, people are rising to the historic health needs and challenges posed by coronavirus, with healthcare workers on the frontlines risking their lives, and businesses pivoting to manufacture much-needed medical and protective supplies.

But deep concerns about the health implications—what happens to people who contract the disease from a health and financial perspective—are top of mind for many of us. And a cynical minority has seized on the crisis to employ unscrupulous, and frankly dangerous, marketing tactics to promote bogus products claiming to protect users against the coronavirus or provide relief for those infected—as well as peddling downright phony coronavirus testing products.

“These false claims touting unproven medical benefits are nothing more than craven attempts to take advantage of fearful consumers,” said NCL Executive Director Sally Greenberg.

“Moreover, they spread misinformation among consumers anxiously seeking ways to stay safe and healthy amidst the coronavirus crisis.”

In an op-ed in The Hill published in May, Greenberg noted that a number of CBD manufacturers and stores are falsely promoting unproven medical benefits of CBD products.

A CBD store in Portland, OR, for example, was recently ordered by the office of the state’s attorney general to take down signs claiming that its products could boost immunity against COVID-19.

“False claims such as this are particularly dangerous as consumers anxiously attempt to stay safe and healthy amidst the coronavirus crisis,” said Greenberg. “The need for science-backed treatments is significant and we must ensure products are tested and regulated for safety.”

Contrary to claims being made by CBD marketers that products containing cannabidiol can help those suffering from coronavirus, recent studies have actually found potential harmful side effects of cannabis products on infected coronavirus patients. Aurelius Data cautions the public against the potential harmful side effects that can come from consuming cannabis products with Tetrahydrocannabinol (THC) if a patient is infected with COVID-19. And studies have shown that many unregulated CBD products have been found to contain THC, though the labels may not disclose this.

“In these uncertain times, we urge consumers to continue to take precautions,” said Greenberg. “We urge everyone to follow CDC guidelines for COVID-19, practice safe social distancing, and at the same time avoid THC products and all untested, unregulated CBD products to help keep your family, friends, and communities safe.”

The overlooked epidemic: COVID-19 and its relationship to opioids

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By NCL Health Policy intern Talia Zitner

The coronavirus pandemic isn’t the only major public health crisis plaguing America. As the country struggles to contain COVID-19, the pandemic has seen a corollary rise in incidents of opioid usage and overdose. A major disruption in the way people suffering from opioid addiction receive treatment may ultimately prove critical to understanding how the opioid epidemic is directly affected by the coronavirus.

When lawmakers passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March, opioid treatment centers were not eligible to receive any of the $50 billion in funding that was allocated for Medicare providers. As a result, these essential centers—often under-supported and understaffed—saw their workforce getting ill or leaving to care for loved ones. Additionally, job loss and illness have left those already at risk of opioid addiction more vulnerable to relapse and death.

A key problem is the patient’s ability to get a prescription for addiction-managing drugs. Many centers rightly offer only one pill a day to their patients, but as the pandemic has forced the need for physical distancing and lack of physical contact, it has become increasingly difficult for people to get their medication. Long lines and hours-long wait times dissuade patients from getting their daily dosage. Few patients qualify for more than one dose per day, and few doctors are authorized to prescribe larger amounts of opioid managing medication.

Sadly, the coronavirus pandemic has overshadowed the opioid epidemic that continues to haunt millions of Americans. During this difficult time, the government should focus on the risk of opioid abuse and overdose and put more money into treatment programs and centers. Without support, more people will succumb to opioid addiction, lack of access to treatment, and death, further burdening the health care system.

Talia is a Washington, DC native and a rising sophomore at Wesleyan University, where she is studying English. Beyond health policy, Talia’s interests are in journalism, law, and social justice.

Measures restaurants are taking during the pandemic to reopen

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow

As restaurants open across America, we all want to know what the ideal measures are to keep consumers safe. A few days ago, I went to a french restaurant in Old Town, Alexandria for brunch with my family. We weren’t allowed inside, but a hostess stood at the door with the names of customers waiting to be seated. We all practiced social distancing, every customer wore masks, and every restaurant staff member wore gloves.

We were eventually seated on the patio—six-feet apart—and a mobile menu was circulated to avoid person-to-person contact. My brunch experience during COVID-19 is similar to what states around the country are requiring as restaurants reopen.

According to Eater, all 44 states have allowed restaurants to reopen in some capacity. In each state, varying degrees of social distancing measures remain in place for businesses that want to reopen.

Forbes highlights what health experts say about reopening while also maintaining a safe environment for staff and patrons, including:

  • Implement shifts for employees and stick to them. This helps to make exposure clear and limited in case a staff member test positive for COVID-19;
  • place hand sanitizer on each table, at all entrances and exits, and in bathrooms;
  • regular disinfection of high touch surfaces is needed;
  • provide disposable menus or an online menu, touchless ordering through a mobile, app, text, or phone call;
  • and require all customers and employees to wear masks while waiting to be seated and when going to the restroom.

And here are other measures that restaurant industry experts recommend:

  • Implement available screening measures for employees before they start their shift, check their temperatures. If someone has a fever, send them home.
  • Train and communicate new protocols with your employees, it’s important they are briefed on new protocols or there would be a bit of chaos.
  • Buffets and salad bars should use sneeze guards- glass or plastic barriers that shield food- and utensils should be changed and washed frequently.
  • Install plexiglass dividers between booths and hostess stands.
  • Customers should make reservations as many restaurants have stopped serving walk-in customers.
  • Avoid reusable condiments on tables or self-serve stations and instead switch to single-serve packets for items like ketchup.

Restaurants are reopening and we are all eager to head out and socialize with friends and family, but it is paramount that we all adhere to safety protocols put in place by trusted experts to continue to not risk exposure to COVID-19. Please consumers, wear your mask, wash your hands, practice six-foot social distancing, and sanitize your hands. With your efforts, we can help to flatten the curve.

It’s time for U.S. tobacco companies to protect all child tobacco workers

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Reid Maki is the director of child labor advocacy at the National Consumers League and he coordinates the Child Labor Coalition.

In 2014, under pressure from advocacy groups like the Child Labor Coalition and Human Rights Watch (HRW), several tobacco companies operating in the United States announced they would only buy tobacco from growers who agree not to hire children under 16 to work in contact with tobacco plants.

The child rights and human rights groups had been pushing for a ban on all children—aged 17 and below—from harvesting tobacco because of health problems related to nicotine exposure. These negative health impacts were well-documented in Tobacco’s Hidden Children, a report from HRW published in May 2014.

“Children interviewed by Human Rights Watch in North Carolina, Kentucky, Tennessee, and Virginia frequently described feeling seriously, acutely sick, while working in tobacco farming,” noted HRW. “For example, Carla P., 16, works for hire on tobacco farms in Kentucky with her parents and her younger sister. She told Human Rights Watch she got sick while pulling the
tops off tobacco plants: ‘I didn’t feel well, but I still kept working. I started throwing up. I was throwing up for like 10 minutes, just what I ate. I took a break for a few hours, and then I went back to work.’

Another child worker interviewed by HRW, Emilio R., a 16-year-old seasonal worker in eastern North Carolina, said he had headaches that sometimes lasted up to two days while working in tobacco: “With the headaches, it was hard to do anything at all. I didn’t want to move my head.”

Some children describe the flu-like symptoms of nicotine poisoning as “feeling like I was going to die.”

HRW researchers found that “many of the symptoms reported by child tobacco workers are consistent with acute nicotine poisoning, known as Green Tobacco Sickness, an occupational health risk specific to tobacco farming that occurs when workers absorb nicotine through their skin while having prolonged contact with tobacco plants.” Dizziness, headaches, nausea, and vomiting are the most common symptoms of acute nicotine poisoning. Three-quarters of the children interviewed by HRW in the report noted the onset of health symptoms when they began tobacco work, and many of those symptoms correlated with nicotine absorption.

U.S. child labor law is of no help in dealing with this problem. American law has exemptions for agriculture that allow children who are only 12 to work unlimited hours on farms as long as they are not missing school.

In 2014, the tobacco companies agreeing to protect the youngest child workers seemed like an important step forward. But six years later, we have concerns that the voluntary ban is not working.

Farmworker communities have proven particularly vulnerable to COVID-19. With schools closed for the summer and many parents sick, we fear that the number of children from desperately poor farmworker families who seek jobs on tobacco farms may increase.

Over the last six years, partner organizations in North Carolina have told us that younger children are still working in tobacco fields.

A recent health impacts study on child farmworkers in North Carolina (“Latinx child farmworkers in North Carolina: Study design and participant baseline characteristics” in the American Journal of Industrial Medicine, November 28, 2018) by researchers at Wake Forest School of Medicine reported data that suggests children under 16 continue to work in tobacco
fields.

In 2017, the first year Wake Forest researchers interviewed farmworker children—and three years after the tobacco companies’ voluntary age restriction, researchers interviewed 202 children and found 116 had worked tobacco in the week before the interview.

Yes, it’s just one study. But in the absence of federal and state data—which is notoriously poor when it comes to counting child farmworkers—it suggests that, in North Carolina, one of the four prime tobacco-growing states, nearly half of child tobacco workers are under 16. It confirms what we had been hearing anecdotally from farmworker groups in North Carolina: the
tobacco companies’ policy isn’t working.

Children in the United States are not allowed to perform work that has been labeled hazardous by the U.S. Department of Labor. You must be 18 to do dangerous work in all sectors except agriculture. This is an exemption that needs to end. Tobacco has not been labeled as dangerous work, even though everyone agrees that it is. That’s why the tobacco companies in
2014 said young children should not do it.

Children who are under 18 cannot buy cigarettes in a store, yet they are permitted to work 10 or 12 hour days in tobacco fields in stifling heat, breathing nicotine though the air, and absorbing it through their skin. Many children are so desperate to avoid contact with the plants that they work in black garbage backs with holes cut out for their arms and legs.

Efforts to pass federal legislation, the Children Don’t Belong on Tobacco Farms Act, could fix this problem with a total ban on child labor in U.S. tobacco. Unfortunately, versions of the bill, in both the U.S. House and Senate, are not expected to pass any time soon. Child farmworkers, often poor and Latino, are often at the end of congressional priority lists.

American tobacco companies have had six years to try a piecemeal approach that is not working. We need tobacco companies to step up and do the right thing by banning child work in tobacco.