NCL statement in opposition of Supreme Court Nominee Neil Gorsuch – National Consumers League

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April 04, 2017

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

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer and labor advocacy organization, has announced its opposition to the confirmation of President Trump’s nominee to the Supreme Court, Judge Neil Gorsuch, citing concerning decisions he made as a federal judge that seem to always favor large corporations over the interests of workers and consumers.

“Indeed, Judge Gorsuch has displayed a callousness toward workers and consumers,” said NCL Executive Director Sally Greenberg. “In one example, Gorsuch supported the firing of a truck driver who was forced to leave his broken down truck in order to avoid freezing to death in subzero weather after calling for help to no avail. In another case, in which an employee was killed by electrocution and the company had not given him full job safety training, OSHA decided the employer failed to properly train its worker, and fined the employer. Judge Gorsuch disagreed with the fine. His argument: that the case was an example of a health-and-safety watchdog agency having too much power.”

On consumer issues, Gorsuch ruled against a patient who was severely injured by a medical implant that was supposed to help her recover from spinal surgery. When the Consumer Product Safety Commission (CPSC) was concerned that strong, small magnets in products were causing serious injury to kids who swallowed them and created regulations to reduce the risk, Judge Gorsuch sided with the manufacturer of the magnets, ruling that the CPSC could not regulate the products, in spite of the Commission’s evidence that kids were at risk.

Finally, Judge Gorsuch’s opinions have suggested that he fully supports the right of corporations to force employees and consumers who have been harmed into arbitration—through clauses in the “fine print” of lengthy contracts—preventing them from taking their cases to court. Gorsuch wrote that arbitration clauses should be enforced even when the parties don’t agree on the details of the arbitration. “There is significant evidence that arbitration in these situations almost always favors the employer or corporation, because the ordinary safeguards of litigating a case in court are not available,” said Greenberg.

Former President Barack Obama outlined what he believed made a person qualified to serve on the Supreme Court, and NCL agrees that fine academic credentials are not enough.

Obama noted the importance of having Justices with “experience that suggests he or she views the law not only as an intellectual exercise, but also grasps the way it affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly changing times.”

“In both his labor and consumer decisions, Judge Neil Gorsuch fails the test of sympathizing with—and protecting the rights of—the average worker and consumer,” said Greenberg. “For these reasons, the National Consumers League opposes the confirmation of Judge Neil Gorsuch to the Supreme Court of the United States.”

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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 celebrates the withdrawal of the American Health Care Act – National Consumers League

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March 24, 2017

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

Washington, DC–The following statement can be attributed to Sally Greenberg:

The National Consumers League joins with our colleagues in the consumer and public health communities in breathing a huge sigh of relief that the Republican effort to repeal and replace the Affordable Care Act (ACA) has failed. The GOP bill, entitled the “American Health Care Act,”  would have been a devastating blow to health care and would have taken America in the wrong direction, resulting in millions of consumers losing health coverage and paying more for less.

However, we recognize that the battle is not over. The National Consumers League will continue to fight to protect the ACA, Medicare, and Medicaid, and oppose efforts to roll back critical consumer health protections.

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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 applauds 6-2 Supreme Court decision favoring workers – National Consumers League

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March 24, 2017

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

Washington, DC—The National Consumers League (NCL) is welcoming the U.S. Supreme Court’s decision in Czyzewski v. Jevic Holding Corporation, in which the Court ruled that a bankruptcy settlement that effectively wiped out employee claims against a trucking company while paying off more junior creditors impermissibly sidestepped the U.S. Bankruptcy Code’s creditor priority.

“This is great news for workers,” said Sally Greenberg, executive director of NCL, which submitted an amicus brief with the National Employment Law Project (NELP) in the case.

Jevic Transportation filed for Chapter 11 bankruptcy after being purchased in a leveraged buyout.

The amicus brief signed by NCL and NELP argued that:

“This case both illustrates and aggravates the pervasive problem of workplace injustices due to unequal bargaining power. Unlike many wage-earners, the nearly 1,800 truck driver employees of Jevic represented by petitioners have been able to sustain this lengthy and expensive litigation because they are well organized and have been well represented, including by pro bono counsel. However, they have still received no relief on their claim for accrued but unpaid wages and benefits more than seven years after they were laid off without notice in violation of state law. The structured dismissal order sanctioned by the Third Circuit has opened a bankruptcy loophole enabling their employer to escape without paying them. This represents an additional opportunity for wage theft – employers failing to pay employees what they have earned, without effective accountability – at a time when, as U.S. Department of Labor and independent studies collected by NELP reflect, wage theft has reached epidemic proportions nationwide. Unless this Court acts to close it, the bankruptcy loophole opened by the decision below is likely to result in many thousands of additional employees being denied what they have earned. Moreover, as with other forms of wage theft, the vast majority of those employees will not have the bargaining power to secure their rights or the resources to bring the problems to the courts’ attention.”

The workers’ priority claims entitle them to receive over $8 million, but collection is conditioned on the estate having those funds and it might not, so this is not a sure thing. Nevertheless, the principle behind the decision is what is critical.

“NCL believes that the Supreme Court has vindicated the claims of these workers,” said Greenberg. “And a 6-2 decision reversing the Third Circuit, with only Justices Alito and Thomas dissenting, sends a clear message that the Court recognizes the rights of employees under the U.S. Bankruptcy Codes.“

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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.

Senate vote on broadband privacy threatens consumers’ data security – National Consumers League

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March 24, 2017

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

Washington, DC—The Senate’s vote Thursday to repeal the Federal Communications Commission’s broadband privacy rules is a disappointing step that threatens to make consumers’ data less secure. At a time when data breaches routinely expose consumers to identity theft and other fraud, according to advocates at the National Consumers League (NCL), it is extremely disheartening that the Senate would seek to obliterate strong consumer data security requirements.

The following statement is attributable to John Breyault, NCL’s vice president of public policy, telecommunications and fraud:

Not a day goes by that we aren’t reminded of the costs of failing to secure consumers’ data from criminal and state-sponsored hacking. It is clear that data breaches raise the risk of identity fraud for millions of consumers. This being the case, it is inconceivable that the Senate would seek to eviscerate strong data security standards put in place by the FCC’s broadband privacy rules.

Broadband providers are uniquely positioned in the Internet ecosystem, with access to vast amounts of consumer data. They are therefore especially vulnerable targets for those who would seek unauthorized access to consumers’ sensitive personal information. That is why NCL supported the FCC’s common-sense broadband privacy rules, which for the first time require ISPs to provide reasonable protections for consumers’ data.

We urge pro-consumer members of the House of Representatives to heed the appeals of pro-privacy and pro-security advocates and resist efforts to gut these critically important consumer protections.

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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 urges Congress to reject GOP health plan – National Consumers League

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March 14, 2017

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

Washington, DC—The National Consumers League (NCL) urges Congress to reject the House GOP’s health insurance plan, which would result in millions of Americans losing coverage and paying more for less. In a report released yesterday, the nonpartisan Congressional Budget Office (CBO) found that 24 million Americans would lose health coverage by 2026 under the House Republicans’ plan to repeal and replace the Affordable Care Act (ACA).

NCL’s Executive Director Sally Greenberg said, “It’s indefensible to deny health insurance to sick people, but that is exactly what the Republican plan would do. How can we as a nation tell 24 million Americans–many of whom have health insurance today because of the ACA–that they will no longer have coverage?”    

In addition to this loss in coverage, the CBO report found that consumers would pay more out-of-pocket for skimpier coverage. Under the Republican plan, tax credits for eligible individuals purchasing non-group coverage will be 60 percent lower in 2020, meaning that consumers will have to pay more out-of-pocket towards their premium costs. Furthermore, due to plans’ lower average actuarial values (the share of a person’s health costs that a plan covers), CBO and the Joint Committee on Taxation (JCT) expect that “individuals’ cost-sharing payments, including deductibles, in the non-group market would tend to be higher than those anticipated under current law.” This finding directly contradicts President Trump’s promise that his repeal plan would lead to much lower deductibles.

The CBO report also found that the Republican proposal would result in an $880 billion cut in federal support for state Medicaid programs over the next decade–effectively shifting these costs onto the backs of the states and beneficiaries. With such a sharp decrease in federal support for Medicaid, states will have no choice but to cut eligibility, benefits, and/or provider payment rates. 

“The CBO report confirms the harms that would result from implementation of the utterly immoral Republican health plan. It is a step in the wrong direction for our nation’s consumers and must be rejected,” said Greenberg.      

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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.

The National Consumers League welcomes the nomination of Dr. Scott Gottlieb as Commissioner of the FDA – National Consumers League

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March 13, 2017

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

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, welcomes Dr. Scott Gottlieb’s nomination to lead the Food and Drug Administration (FDA). “The FDA is the gold standard the world over for ensuring the highest standards of safety and efficacy of drugs and we believe Dr. Gottlieb understands the importance of maintaining those standards. We are also pleased that Dr. Gottlieb shares NCL’s strong support for life-saving vaccines. If he is confirmed, we look forward to working with Dr. Gottlieb to advance the cause of medication adherence and bringing more generic and biosimilar drugs to market, which will add to competition in the market and drive down drug prices for consumers,” said Sally Greenberg, NCL’s executive director. Greenberg noted that as someone who has himself battled cancer, Gottlieb brings the patient perspective and understands the importance of safe and effective medicines firsthand.

NCL works to promote food safety and nutrition, which is also overseen by the FDA, and has worked closely with the agency on health policy issues of critical importance to consumer safety.

Sally Greenberg is also a board member of the Reagan Udall Foundation. Greenberg noted, “I also look forward to working with Dr. Gottlieb in support of RUF’s mission to build public-private partnerships and enhance the FDA’s research and regulatory science work and capacities.”  

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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 support for SEAT Act of 2017 – National Consumers League

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March 9, 2017

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

Washington, DC—The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, applauds the House and Senate introduction of the Seat Egress in Air Travel (SEAT) Act of 2017. This bill, introduced by Senators Blumenthal (D-CT), Schumer (D-NY), Markey (D-MA), Menendez (D-NJ), and Feinstein (D-CA) and Congressman Steve Cohen (D-TN), and Congressman Adam Kinzinger (R-IL) would establish airline seat size minimums that will protect the health and safety of consumers. NCL urges Congress to quickly pass this important consumer protection legislation.

The following statement is attributable to John Breyault, Vice President of Public Policy, Telecommunications and Fraud: 

“As anyone forced to squeeze themselves into ever-smaller airline seats can attest, consumers continue to face comfort, health and safety issues while flying. In addition to causing poor circulation, many safety experts fear that the airlines’ reduction in seat size compiled with flying fuller airplanes could hinder their safe evacuation. The SEAT act provides a common sense solution to this problem by requiring safety experts to set minimum seat size standards. We applaud the bipartisan and bicameral leadership shown by the sponsors of this 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.

 

NCL urges awareness and fact-checking during “Caffeine Awareness Month” – National Consumers League

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March 9, 2017

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

Washington, DC—March is not only National Nutrition Month but also Caffeine Awareness Month so during this time, the National Consumers League (NCL) is taking the opportunity to raise consumer awareness on the world’s most consumed “pick-me-up.”

“Caffeine consumption is widespread in the U.S., with 85 percent of people drinking at least one caffeinated beverage daily,” said Sally Greenberg, NCL’s Executive Director. “Whether you’re at home, at work, or out and about caffeine is usually within close reach. That’s why we want to not only improve the understanding about caffeine but call on more food and beverage manufacturers to disclose the amount of caffeine contained in their products. This will not only give consumers more transparency, but it also seems like common sense and it’s the right thing to do.”

For the third consecutive year during March, we take a closer look at caffeine–this time fact checking those myths and arming you with some truths that will help consumers make informed choices.

1.  Americans are drinking more caffeine than ever before

MYTH! Despite concerns expressed about proliferation of caffeine in the food supply, statistics indicate that there has not been an overall increase in caffeine intake in the United States in recent years. The principal dietary sources of caffeine also remain the same, with most intake of caffeine remaining from coffee, tea, and soda. This is consistent with a recent FDA-sponsored study that found between 70 and 90 percent of caffeine intake is from coffee and tea.

2.  Slamming down a caffeinated drink quickly will have more of an effect than sipping it slowly

MYTH! Whether you are on the go and consume a drink quickly, or like to sit and enjoy a drink with friends, there is no difference in caffeine’s effect on you. However, the speed of your own metabolism may influence digestion time.

3.  Added caffeine is stronger than naturally occurring sources of caffeine

MYTH! Caffeine is caffeine! There is no chemical or biological difference between the naturally-occurring caffeine in plants – like in coffee, tea, and chocolate – and synthetic caffeine commonly used in sodas, energy drinks, and supplements.

4.  Dogs and cats should not consume caffeine

FACT! While 85 percent of human Americans drink coffee everyday, 100 percent of our furry friends must be kept away from sources of caffeine. Dogs, cats, and birds are more sensitive to the effects of caffeine than people are, and even the smallest amount (depending on breed, weight and other factors) can have severe consequences.

5.  Dark roasted coffee is stronger than lighter roasts

MYTH! Contrary to what many people assume, the darker the coffee roast, the LESS caffeine it has. This is because caffeine is heat sensitive, so if you roast coffee beans longer, they will contain less caffeine. For tea, it’s the opposite: the darker the tea, the higher the caffeine content.

6.  Guarana is just another form of caffeine

FACT! Caffeine is found naturally in over 60 plants including coffee beans, cocoa beans, tea leaves, kola nuts, yerba mate, and guarana.

7.  Three cups per day is the maximum amount of coffee an adult should consume

IT DEPENDS… on the type of coffee, the size of your cup, and even how it was prepared. One thing’s for sure: the FDA, Health Canada, and the European Food Safety Authority all acknowledge that 400mg of caffeine per day is a moderate safe daily intake amount for healthy adults. How much is 400mg in terms of cups or servings? See below from lowest to highest caffeine concentration:

  • 16.6 servings of green tea (8 oz./24 mg caffeine)
  • 11.5 servings of brand cola (8 oz./average 35 mg caffeine)
  • 8.5 servings of black tea (8 oz./47 mg caffeine)
  • 5 servings of Red Bull energy drink (8 oz./80 mg caffeine)
  • 4.2 servings of  regular brewed coffee (8 oz./95.2 mg caffeine)
  • 2 servings of 5-Hour Energy (2 oz./200 mg caffeine)
  • <1 serving of energy shots (8 oz./average 480 mg caffeine)

8.  Energy Drinks contain large amounts of caffeine

MYTH!  The major energy drink brands (Red Bull and Monster) contain between 80 to 120 mg caffeine per serving.  For comparison purposes, a cup of home brewed coffee contains approximately 80 mg per cup while a store bought cold brew coffee can have up to 250 mg.  An 8-oz. energy shot contains 480 mg caffeine.

9.  Some people should limit their caffeine consumption 

FACT! Caffeine sensitive people, pregnant women, those who are capable of becoming pregnant, and those who are breastfeeding should consult their health care providers for advice concerning caffeine consumption. Children and teens should generally consume less caffeine due to lower body weight than adults (and parents should monitor). 

10.  All caffeine products declare the amount of caffeine they contain

MYTH! NCL believes that ALL products containing caffeine – no matter whether naturally occurring, contained in a cup, a can, or a candy bar wrapper – should declare the amount of caffeine on the label.

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

National Nutrition Month is an annual initiative led by the Academy of Nutrition and Dietetics.

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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.

House ACA replacement plan would have a devastating impact on consumers – National Consumers League

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March 7, 2017

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

Washington, DC—The following statement can be attributed to NCL’s Executive Director Sally Greenberg:

“The House Republicans’ Affordable Care Act (ACA) repeal bill released last night would have a devastating impact on millions of consumers. The bill guts the ACA by repealing the cost-sharing subsidies that helped low-income people afford health insurance, ends the Medicaid expansion in 2020, and institutes Medicaid per-capita caps, which will inevitably lead to the rationing of care to our nation’s most vulnerable citizens. 

In addition, the bill would strip Planned Parenthood clinics of federal funding through Medicaid and other government programs for one year, preventing over 2.5 million people from accessing critical preventive care such as cancer screenings, birth control, STI testing, and other essential health services.

The Republican Congress’ attempt to rush the replacement bill to a vote without a CBO score or a single public hearing on the implications of the bill is indefensible. The National Consumers League joins with our colleagues in the advocacy community in demanding that the bill be subject to a transparent process – including public hearings – before such sweeping changes to the ACA and Medicaid are considered. The American people deserve to know how this proposed legislation will affect their health.” 

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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.

           

Statement of the National Consumers League supporting legislation to crack down on forced arbitration – National Consumers League

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March 6, 2017

Pro-consumer Senators and House Reps to introduce multiple consumer bills Tuesday 

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

Washington, DC—The National Consumers League is in full support of pro-consumer and worker legislation to ban mandatory forced arbitration.       

Top Senate and House Democrats will hold a press conference March 7 to introduce legislation to stop the use of unfair forced arbitration clauses, which are widely used by corporations to limit consumers’ and employees’ access to justice. NCL believes that these clauses give a green light to companies to commit illegal activities knowing they won’t be held accountable in a court of law.

Two prime examples are Wells Fargo Bank, which forced its customers to sign arbitration agreements only to open millions of fake accounts in the customers’ names and then shield themselves from liability through forced arbitration. Sterling Jewelers, the subject of a lengthy Washington Post story last week and a class action law suit, from the CEO on down, is alleged to have subjected thousands of women employees to unwanted sexual advances as a condition of employment and promotion, and created a hostile environment. All employees were forced to sign a mandatory arbitration agreement and cannot go to court to vindicate their claims. Sterling has thus shielded its outrageous corporate practices being heard in court. 

At tomorrow’s press conference, lawmakers will be joined by individuals who have been personally harmed by forced arbitration, including former Fox News anchor Gretchen Carlson. 

From nursing home contracts and employment agreements to credit card and cell phone contracts, Corporate America uses forced arbitration clauses to restrict Americans’ access to justice by stripping consumers and workers of their right to go to court. Instead, consumers and workers are forced into an arbitration system where corporations can write the rules; everything can be done in secret, without public rulings; discovery can be limited, making it hard for consumers to get the evidence they need to prove their case; and there’s no meaningful judicial review, so consumers and employees are often unable to appeal a decision even if the arbitrator gets it wrong. 

Senate and House Democrats will reintroduce and discuss legislation aimed at limiting forced arbitration in a wide variety contexts. The League applauds Senator Al Franken (D-MN), Senator Patrick Leahy (D-VT), Senator Dick Durbin (D-IL), Senator Sheldon Whitehouse (D-RI), Senator Richard Blumenthal (D-CT), Congressman Hank Johnson (D-GA), Congressman David Cicilline (D-RI), and Congressman Brad Sherman (D-CA) for their leadership on these issues. 

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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.