NCL decries Supreme Court rulings in Harris v. Quinn and Burwell v. Hobby Lobby – National Consumers League

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June 30, 2014

Contact: Ben Klein, National Consumers League, benk@nclnet.org, (202) 835-3323

Washington, DC–Today’s Supreme Court decisions on Harris v. Quinn and Burwell v. Hobby Lobby is a sharp rebuke to working families and especially female employees across the country, according to a statement released by the National Consumers League (NCL).

In the Harris v. Quinn decision, the Supreme Court ruled 5-4 that Illinois home healthcare workers cannot be forced to pay an agency fee to the labor group negotiating their employment contract. This ruling creates insecurity and instability for employers and unions throughout the public sector. The decision creates a special class for Medicaid and state funded home healthcare workers as neither private nor public, but rather “partial public employees.”

At issue in this case was whether non-union members could reap the wages, benefits, and protections negotiated in a collectively bargained contract without being required to pay union dues. As “partial public employees”, the Court decided that the same labor rules do not apply and that workers can opt out of joining a union and go without contributing dues to the labor union that is responsible for negotiating their employment contract.

“At a time when many wages are stagnant, others are eroding, and income inequality is out of control, joining together to collectively bargain is one of the only proven ways that home care workers can improve their working conditions,” said Sally Greenberg, executive director of the National Consumers League.  

“NCL calls on the Obama Administration to stick to the promise it implement long-awaited federal companionship worker regulations for 2.5 million home care workers by January 1, 2015. The new rules will extend basic federal minimum wage and overtime protections to the millions of workers who care for seniors and people with disabilities living independently in their homes.”

Also today, by the same margin of 5-4, the Supreme Court ruled in the Burwell v. Hobby Lobby case that for-profit employers’ religious beliefs can determine a workers’ access to healthcare. The ruling makes it acceptable for closely-held corporations to use their religious beliefs to take away benefits guaranteed to their employees by law. This decision allows bosses to deny women coverage for basic needs such as birth control. 

This case challenged a part of the Affordable Care Act requiring health plans to cover contraception without a co-pay.

“The Court’s decision prohibits female workers from making their own health decisions without intrusion from their bosses,” said Greenberg. “This ruling is a step in the wrong direction for women, workers, and employers.”

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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.

New Javelin Strategy & Research/National Consumers League Study: Consumers Losing Trust in Businesses, Expect Government Action on Fraud and Data Breach – National Consumers League

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June 30, 2014

National Consumers League #DataInsecurity Cross-Country Tour kicks off today in Miami; slate of national events to feature FTC Commissioner Terrell McSweeny, Florida U.S. Attorney Wifredo Ferrer and other leading experts.

NCL and Javelin to Host Media Teleconference on Study Findings on Tuesday, July 1 at 1:30 PM EDT. RSVP to lpugliese@clsstrategies.com for dial-in details.

Contact: National Consumers League, Ben Klein, (202) 835-3323, benk@nclnet.org
Carol McKay, (412) 945-3242, carolm@nclnet.org
Javelin Strategy & Research,  Danielle Ostrovsky 410-302-9459, dostrovsky.ctr@javelinstrategy.com

 

Washington, DC – Today, the National Consumers League #DataInsecurity Project released a new survey of identity fraud victims which finds that Americans are urgently calling out for government action on the growing threat posed by data breach and identity theft.

The study, conducted in partnership with Javelin Strategy & Research, shows that the consumer impact of data breach is indeed severe: 61 percent of data breach victims surveyed reported that the breached information was used to commit fraud against them. What’s more, nearly half of victims–49 percent–do not know where the information used to defraud them was compromised.

The National Consumers League has launched the #DataInsecurity Project to raise awareness and push for action on consumer data security. NCL kicked off its cross-country series today in Florida, the state that is the source of more ID Theft complaints per capita than any other in the nation, with an event in Miami featuring United States Attorney for the Southern District of Florida Wifredo Ferrer. The next event is July 8 in Los Angeles featuring Federal Trade Commission Commissioner Terrell McSweeny and Joanne McNabb, Director of Privacy Education & Policy for the California Department of Justice, Office of the Attorney General.

“Data insecurity is leading to real consumer harm and this report confirms consumers are at a loss for where to turn in the face of this national problem,” said John Breyault, NCL’s Vice President of Public Policy, Telecommunications and Fraud. “As consumers share vast amounts of personal data with businesses, government and other entities, they expect their information to be protected from malicious hackers.”

The NCL/Javelin study, which includes surveys of fraud victims from Los Angeles, Chicago, Minneapolis and South Florida, along with additional Javelin research on national fraud trends, found that consumers are calling for government to take action. A mere 28 percent of victims surveyed said the government’s requirements for protecting healthcare and financial data were “sufficient.”

“In this polarized political climate, it’s rare for Americans to express such agreement on any issue,” said Al Pascual, Javelin’s Senior Analyst of Fraud & Security. “But when it comes to the security of their personally identifiable information, the respondents said with one voice that the government must do more.”

According to the new study, the consequences of consumer fraud have a serious ripple effect: fraud victims report losing trust in the businesses where their data was compromised. For example, 59 percent of respondents report whose data was breached at a retailer expressed  “significantly decreased” trust in retailers who failed to protect their information. “When consumer trust drops, so do sales,” added Breyault, “This study is only the latest evidence for why the business community should be one of the most vocal advocates for protecting consumer data.”

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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 Supreme Court ruling requiring warrants to search suspect’s phone – National Consumers League

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June 27, 2014

Contact: Ben Klein, National Consumers League, benk@nclnet.org, (202) 835-3323

Washington, DC — In a victory for consumer and individual privacy, the US Supreme Court ruled this week that police must obtain a warrant before searching a suspect’s phone. The Justices said that a cellphone holds the “most personal and intimate details of someone’s life and its contents are under the jurisdiction of the Fourth Amendment’s privacy protections.” The following statement can be attributed to National Consumers League, Executive Director Sally Greenberg:​

​The National Consumers League is gratified by the Supreme Court’s unanimous vote to reiterate that cell phones hold extensive personal information and therefore a search warrant is needed before information from the phone can be obtained. American citizens have a right to privacy. This ruling protects all of us against unfettered invasion of individual privacy. We applaud the decision of the Court – it’s good for citizens and good for consumers.

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

 

NCL statement on NLRB v. Noel Canning Supreme Court ruling – National Consumers League

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June 26, 2014

Contact: Ben Klein, National Consumers League, benk@nclnet.org, (202) 835-3323

Washington, DC–Today’s Supreme Court decision on the NLRB v. Noel Canning case is a sharp reminder that the U.S. Senate sometimes functions under outdated procedures that need to change. It also clears up the legal landscape on the circumstances under which the U.S. Constitution allows presidents to make temporary recess appointments to Executive Branch positions.

In this case, the Senate minority set out to prevent President Obama from replacing judges on the National Labor Relations Board (NLRB) when other judges were cycling off, thus making the NLRB inoperable due to a lack of members. The President was forced to make the recess appointments to the Board due to obstructionism and filibuster threats during the normal term. Without the Supreme Court-mandated quorum, the NLRB would cease in its mission to protect workers and employers – essentially stopping the cop on the beat from carrying out its duty.

Fortunately, Senate leaders in November 2013 changed Senate rules so that Executive Branch appointments can now be confirmed with a simple majority of the Senate and can’t be blocked by a filibuster. The move was a step closer to a functional Senate that, once again, will ensure that qualified nominees can receive an up-or-down vote and the important work of federal independent agencies will not be held hostage by the Senate minority.

With President Obama’s NLRB nominations ruled invalid, some 120 decisions made by the Board in the period contested may be challenged and justice for thousands of workers will be delayed, and in some cases, denied. NCL is confident the NLRB will handle the pending cases effected by Noel Canning efficiently and expeditiously.

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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.

Tobacco Companies Should Prevent Child Labor in U.S. Tobacco Farming – National Consumers League

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June 26, 2014

Contact: Reid Maki, (202) 207-2820, reidm@nclnet.org

Washington, DC – Over 50 US-based organizations called on leading tobacco companies to address hazardous child labor in US tobacco farming in a letter released today. The groups expressed alarm that children are risking acute nicotine poisoning and other health and safety hazards in US tobacco fields.

“Children in the US can’t legally buy cigarettes, but children working in tobacco fields are suffering acute nicotine poisoning,” said Sally Greenberg, co-chair of the Child Labor Coalition (CLC) and executive director of the National Consumers League. “Tobacco companies need to ensure that their products are not made with child labor.”

The organizations, representing millions of teachers, healthcare professionals, workers, farmworkers, and advocates concerned about the safety, education, and welfare of children, called on the chief executive officers of the top ten global tobacco companies and tobacco leaf merchants to adopt and implement policies that prohibit children under age 18 from hazardous work in tobacco farming, including direct contact with tobacco.

A recent report, “Tobacco’s Hidden Children: Hazardous Child Labor in United States Tobacco Farming,” by Human Rights Watch found that of 141 child tobacco workers interviewed in North Carolina, Kentucky, Virginia, and Tennessee, three-quarters reported getting sick while working on US tobacco farms. Many of their symptoms—nausea, vomiting, loss of appetite, headaches, and dizziness—are consistent with acute nicotine poisoning.

“Child tobacco workers also reported working long hours, often in extreme heat and without protective gear,” noted Dr. Lorretta Johnson, co-chair of the CLC and the secretary-treasurer of the American Federation of Teachers. “Unfortunately, child labor is a common practice in the United States, and it’s legal. We stand with Human Rights Watch, Sen. Tom Harkin, the CLC and many others to call attention to the great dangers faced by children working on tobacco farms, and we urge the world’s largest tobacco companies to take measures to end hazardous child labor in tobacco farming.”

Under U.S. law, children as young as 12 can work for hire on any farm with their parent’s permission. Even younger children can work on small farms.

“Agriculture is already the most dangerous area of employment open to children in the US,” said Norma Flores López, the director of the Children in the Fields Campaign for the Association of Farmworker Opportunity Programs and the chair of the CLC’s domestic issues committee. “Tobacco farming is particularly hazardous because of nicotine exposure and toxic pesticides.  We worry about children developing cancer—and neurological and reproductive health problems—linked to the exposure of toxic pesticides. We also need to prevent injuries from working with machinery and dangerous tools, lifting heavy loads, and climbing to significant heights in curing barns.”

In addition to adopting effective child labor policies, the organizations also urged tobacco companies to:

  • include provisions prohibiting child labor in all contracts with growers and suppliers that child labor is prohibited;
  • implement both internal and external monitoring to ensure effective enforcement of child labor policies;
  • provide support to remediate child labor in tobacco, including educational, recreational, and vocational programs for children in areas where the companies source tobacco; and
  • establish and enforce policies that will ensure fair compensation for adult tobacco workers so that they receive a living wage.

The letter was addressed to the chief executive officers of Altria Group, Inc., British American Tobacco PLC, China National Tobacco, Imperial Tobacco Group PLC, Japan Tobacco Inc., Lorillard, Inc., Philip Morris International Inc., Reynolds American Inc., Alliance One International, Inc., and Universal Corporation.

The letter with full list of signers can be found here.

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About the Child Labor Coalition

The Child Labor Coalition 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.

NCL Statement on Court Ruling on Sugary Drink Portion Sizing – National Consumers League

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June 26, 2014

Contact: Ben Klein, National Consumers League, benk@nclnet.org, (202) 835-3323

Washington, DC–The New York State Court of Appeals today upheld a lower court ruling that regulating the portion size of sugary drinks to 16 ounces was an overstep of Board of Health’s authority. The following statement can be attributed to National Consumers League Executive Director Sally Greenberg:

The National Consumers League is disappointed in this decision. The science shows that soda and other sweetened drinks are clearly linked with diabetes, obesity, and heart disease. We heartily supported the regulation from the New York City Health Department and even traveled to New York City to testify in support. Reducing the consumption of empty calories, like those provided by sweetened drinks, should remain a priority for health departments across the country. We regret the court’s decision and look forward to the day when such health-promoting efforts by local, state, and federal governments aimed at reducing soda consumption, such as warning labels and taxes, is not stymied by the courts.

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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 unit-price is right: advocates commend large retailers for agreeing to provide unit prices online – National Consumers League

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June 18, 2014

Contact: Ben Klein, National Consumers League,  benk@nclnet.org, (202) 835-3323

Washington, DC—The National Consumers League (NCL) applauds the outstanding work by New York’s attorney general, Eric Schneiderman to reach an agreement with six retailers—including Costco, CVS, and Walmart—to ensure that these retailers display unit prices of products listed on their websites. Currently, 19 states and the District of Columbia require unit pricing on in-store products. Unit pricing will now be available online to customers of the six retailers, regardless of which state they live in.

Unit pricing is a cornerstone of consumer protection, providing cost per pound, quart, liter, or another unit of weight or volume of a food package. With unit prices, consumers can compare the cost of food packaged in different sized containers or across different brands.

“This is a monumental advance for consumers, who can thank the New York Attorney General for striking this groundbreaking agreement with some of the nation’s biggest online retailers,” said Sally Greenberg, executive director of NCL. “Providing unit prices helps consumers compare prices between items quickly and easily. Particularly important for consumers on a budget, unit pricing gives them the information they need to make informed purchasing decisions.”

“We hope that other retailers follow the lead of Costco, CVS, and Walmart by providing transparent, clear pricing information for consumers, both on their websites and in their retail stores,” said Greenberg.

The six retailers include Costco, Walmart, CVS, Walgreens, Drugstore.com, and FreshDirect. Each will implement online unit pricing between the end of this year and March 2015.

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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.

In a victory for consumer protection, the Supreme Court rules in favor of Pom Wonderful – National Consumers League

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June 13, 2014

Contact: Ben Klein, National Consumers League,  benk@nclnet.org, (202) 835-3323

Washington, DC — The National Consumers League applauds yesterday’s Supreme Court decision supporting the juice maker Pom Wonderful’s lawsuit against Coca Cola.  This is a huge victory for consumer protection.

“The Coca Cola juice product contained .5% of pomegranate and blueberry juice and is the epitome of deceptive advertising,” said the League’s executive director, Sally Greenberg. “Coca Cola tried to argue that the FDA laws preempt a private lawsuit against it. They lost the argument, and we are pleased that the makers of Pom Wonderful pressed their case against Minute Maid juice, which has outrageously labeled their product with pictures of pomegranate and blueberries despite the fact that very little of this juice is in the drink. This is false and deceptive advertising of the worst kind. Moreover, the Supreme Court preserved the Lanham Act’s provision for private lawsuits by competitors, a very important avenue for enforcing false and deceptive claims laws.”

Justice Anthony M. Kennedy wrote the unanimous decision for the court, saying that the Minute Maid juice product contained a “minuscule amount of pomegranate and blueberry juices.” More specifically, he said, it is made up of “99.4 percent apple and grape juices, 0.3 percent pomegranate juice, 0.2 percent blueberry juice and 0.1 percent raspberry juice.”

“The product’s front label,” he added, “also displays a vignette of blueberries, grapes, and raspberries in front of a halved pomegranate and a halved apple.”  Lower courts had dismissed Pom’s lawsuit, accepting Coca Cola’s argument that the FDA has exclusive enforcement authority. Instead, the Supreme Court found that FDA law could be harmonized with the Lanham Act, a false advertising statute that permits private lawsuits, and that they can be applied in a complimentary fashion.

Justice Kennedy was animated at the April oral argument on this case, speaking as a consumer who genuinely believed what was on the Minute Maid Juice label.

If “Coca-Cola stands behind this label as being fair to consumers,” Justice Kennedy told the company’s lawyer, “then I think you have a very difficult case to make. I think it’s relevant for us to ask whether people are cheated in buying this product.”

The lawyer, Kathleen M. Sullivan retorted, “We don’t think that consumers are quite as unintelligent as Pom must think they are,” adding, “They know when something is a flavored blend of five juices and the non-predominant juices are just a flavor.”

Justice Kennedy frowned. “Don’t make me feel bad,” he said, “because I thought that this was pomegranate juice.”

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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 launches all-new nclnet.org – National Consumers League

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June 9, 2014

Contact: Ben Klein, National Consumers League,  benk@nclnet.org, (202) 835-3323

Washington, DC—The nation’s pioneering consumer and worker advocacy organization, the National Consumers League (NCL), today announced the launch of its newly redesigned website, nclnet.org. The new site will give consumers and workers a more interactive, easier-to-navigate, and more user-friendly experience.

“This redesign will make visiting the site for information, sharing stories, and learning about the latest scams and policies affecting consumers far easier,” said Sally Greenberg, NCL executive director. “The new site incorporates feedback from our constituents and allies—and we are excited to bring these new features and resources to consumers and workers.”

The site offers streamlined navigation of NCL’s advocacy issues, as well as better access to its programs including LifeSmarts, Fraud.org, the Child Labor Coalition, and Script Your Future. The new site also features tools for consumers and workers to participate in the League’s advocacy efforts via petitions, letters to policymakers, and shareable content.

The new home page features a better overview of the organization’s 115-year-old mission and showcases more of the day-to-day work of staff, including the newest press releases, From the Expert blog posts, events, and other announcements.

“We welcome visitors – new and returning!” said Greenberg.

For more information about the National Consumers League and its programs, visit the new website at nclnet.org.

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About the National Consumers League 
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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 disappointed in Congress school lunch nutrition standards debate – National Consumers League

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May 29, 2014

Contact: Ben Klein, National Consumers League,  benk@nclnet.org, (202) 835-3323

Washington, D.C.—Today the House Appropriations Committee voted to weaken nutrition standards required by the 2010 Healthy, Hunger-Free Kids Act.The waiver exempts schools that claim to be facing economic challenges from complying with reduced sodium and increased whole grain requirements.Agriculture Secretary Tom Vilsack has warned that the proposed waiver is likely to become permanent should it be included in the final 2015 spending bill for the Agriculture Department.  

The National Consumers League, long time advocates for children’s health and nutrition, opposes this ill-conceived proposal.  “Now is not the time to undermine improved nutrition standards for children in school.Playing politics with the future of our nation’s health is wrong. We need to provide students, especially those that are the most dependent on school-provided meals, with wholesome, healthy foods,”NCL’s Executive Director, Sally Greenberg, stated.

As First Lady Michelle Obama points out in her New York Times Op-Ed today, one in three children in America today is overweight or obese and one in three will likely develop diabetes in her or his lifetime. The 2010 Act was a great leap forward.  For the first time, our nation committed to improving standards for what foods could be served in schools.Ninety percent of schools report they are meeting the new standards. As a result, kids are getting more fruits, vegetables, whole grains and other healthy foods.

In addition, the bill addresses the need for new lunchroom equipment, cafeteria staff training and nutrition education for students. Childhood obesity has more than doubled in children and quadrupled in adolescents in the past 30 years.Children and adolescents who are obese are likely to be overweight or obese into adulthood, increasing their risk for a myriad of health issues not limited to cancer, diabetes and heart disease.

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About the National Consumers League
The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Its 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.