Archive for the ‘Product Safety’ Category

Each day this week we’ll be highlighting some of the anti-regulatory bills that Public Citizen and our allies have been pushing back against this fall.

Image courtesy of Eric Lynch/Flickr under CC BY-NC-ND 2.0 license.

Image courtesy of Eric Lynch/Flickr under CC BY-NC-ND 2.0 license.

When Congress returned from its longest summer recess in 60 years, and before they ran back to districts to campaign, conservatives in the U.S. House of Representatives were determined to assail our system of public protections. Remember that arcade game staple, whack-a-mole, where players try to hammer down the target as others pop up, more and more quickly?  Essentially playing whack-a-mole in the four weeks of September, Public Citizen and our partners in the Coalition for Sensible Safeguards defended against multiple pieces of legislation aimed at limiting the power of the government to protect the public.

Conservatives attempted to pass four misleading and damaging anti-regulatory bills and were successful in pushing through three of them – the fourth was shelved until Congress’ post-election return.

  • Stop Settlement Slush Funds Act (H.R. 5063) – passed on Sept. 7, 2016
  • Regulatory Integrity Act (H.R. 5226) – passed on Sept. 14, 2016
  • REVIEW Act (H.R. 3438) – passed on Sept. 21, 2016
  • Midnight Rules Relief Act (H.R. 5982) – shelved for the lame duck on Sept. 26, 2016

Regulations protect and safeguard our lives in everything from the food we eat to the water we drink and from the air we breathe to the products we use. These government standards ensure that we can go about our daily lives without much fear of dying at work, eating poisonous food or having our cars go up in flames. The process for producing these vital standards is already glacially slow and exceedingly cumbersome, and if signed into law, these damaging bills would exacerbate the problems in the rulemaking system.

The slow process of our current rulemaking system already has a negative impact on communities of color and low income communities, who it has been shown face the biggest health, safety and economic threats and inequities in public protections.  Further delays to public safeguards would do nothing but increase this disproportionate impact, heightening the injustices and inequities in our society.

These bills that conservatives rushed through would prolong and further delay lifesaving rules from reaching full enforcement and having maximum impact. They aren’t about protecting the public good; they’re about helping industry line their own pockets at the expense of the American people. The bills were cleverly designed to use back door approaches to gut key safeguards. And, since the bill titles were designed to be bland and meaningless, here they are re-named to call them out for what they really are.

Besides using their normal tools to attack life-saving public protections, Republicans have once again chosen to exploit the budget process. Instead of relying on anti-regulatory bills and (at times theatrical) Congressional hearings, the majority party in the House has decided to go down the path of inserting poison pill riders into the budget appropriations process.

Poison pill riders are preventing the U.S. Fish and Wildlife Service from fulfilling its obligations under the Endangered Species Act.

From attacking science-based safeguards in a full frontal manner to using attempted stealth maneuvers to further delay an already bogged down rulemaking system, Republicans have not let up. Nearly all of the House appropriation bills currently up for debate or voted on contain regulatory assaults:

  • Killing specific final safeguards by blocking funding for the implementation, administration or enforcement – ex. Department of Labor’s fiduciary and overtime rules, preventing the enforcement of the Environmental Protection Agency’s (EPA) rules to limit exposure to lead paint and the Bureau of Safety & Environmental Enforcement Well Control rule which provide commonsense protection against devastating offshore blowouts like Deepwater Horizon.

By also using stealthier methods and not just attacking specific protections, proposed standards or specific agencies, Republicans are further exploiting appropriation funding bills by adding poison pill riders to shut down the rulemaking system entirely. Since each funding bill covers multiple agencies and different areas, all-encompassing riders have the most devastating impact.

  • Repeat riders have emerged in various bills to shut down any rulemakings the bill would have funded – ex. the House Financial Services & General Government (FSGG) bill included a rider to prohibit the funding of all regulatory actions until January 21, 2017, and the same rider materialized in the House Interior bill.
  • In some cases, Republicans repeated the above riders but with a timeline attached – ex. a so-called midnight rules prevention rider surfaced in the House Energy & Water bill would eliminate funding for all rules with an economic impact of $100 million or more if finalized between November 8, 2016 and January 20, 2017.
  • As another stealth maneuver, Republicans in the House FSGG bill voted to add a piece of legislation to the mix, H.R. 427, the Regulations From the Executive in Need of Scrutiny Act (REINS). Putting the ill-advised REINS Act into law would require Congressional approval before enacting major regulations – allowing the majority party a golden opportunity to kill the most life-saving public protections.

There’s a reason lawmakers sneak poison pill policy riders into must-pass spending bills to avoid a real debate: these provisions could not become law on their own merits. Many of them are wildly unpopular, damaging to the public and deeply controversial with voters in both parties — and they have nothing to do with funding our government.

That’s why Congress needs to pass clean spending bills with no poison pill riders and Republicans need to stop their assault on life-saving public protections.

Michell K. McIntyre is Coalition Manager at the Coalition for Sensible Safeguards.

By Nicole Arbabzadeh

There are matters that complement the core ideology of all political parties so well that lawmakers across the political spectrum should be working hand-in-hand to achieve the policies. The Arbitration Fairness Act and the Court Legal Access and Student Support (CLASS) Act, which would restore public’s rights to hold wrongdoing corporations accountable in court, are examples of exactly the kind of legislation that should transcend the partisan divide. And yet, partisanship has been a continuous roadblock to their implementation.

So let’s start by reviewing forced arbitration clauses and their devastating consequences for the constituents of all party affiliations. If you’re asking yourself, “What’s forced arbitration?” you’re certainly not alone. According to a recent study conducted by the Consumer Financial Protection Bureau (CFPB), three-quarters of respondents who understood the meaning of forced arbitration did not know whether their credit card contract contained a forced arbitration clause and a mere 7 percent of respondents whose credit card agreements did contain forced arbitration clauses correctly understood that they could not sue in court. These are startling findings considering that the CFPB’s study also found that the vast majority of prepaid card companies, private student loan lenders, and cell phone providers, and the list goes on, include a forced arbitration clause in their terms. These clauses block consumers’ access to public court and force harmed consumers into inherently biased and secretive arbitration proceedings as a condition for obtaining services.

And financial services consumers aren’t the only targeted group – most ordinary Americans are affected by arbitration clauses, as they are often forced upon employees, small businesses, nursing home residents, and college students, to name just a few.

Now, you may be asking, can arbitration clauses really be that bad? Well, forced arbitration:

1. Robs Ordinary Americans of their Hard-Earned Cash

Continue Reading

By Robert Craycraft

Asbestos was once used as a flame-retardant and for electrical insulation in buildings, ships and homes. Before it was discovered to cause cancer, millions of American workers and veterans handled and were otherwise exposed to deadly asbestos fibers.

An unknown amount of the hazardous material is still present in our communities. The Centers for Disease Control and Prevention report that roughly 3,000 people continue to die from mesothelioma and asbestosis every year; some experts estimate the death toll is as high as 10,000 annually when other types of asbestos-linked diseases and cancers are included.

In early February, the U.S. House of Representatives Judiciary Committee Subcommittee on Regulatory Reform, Commercial, and Antitrust Law held a hearing on H.R. 526, the Furthering Asbestos Claim Transparency Act (or FACT Act). Generally speaking, the more transparency the better. However, in this case, the asbestos industry is using the guise of “transparency” to push the FACT Act as a way to delay compensation to asbestos victims and their families. The bill would require the trusts that manage victim compensation to retroactively compile information on all claims they’ve paid and to require the trusts to answer any and all information requests by asbestos company defendants.

These paperwork requirements could have the effect of slowing or even stopping the important work of the trusts to compensate victims that have developed deadly diseases like mesothelioma due to exposure to asbestos. Rep. Hank Johnson (D-Ga.) called the FACT Act a “Trojan horse” which “guarantees that the insurance companies pay as little as possible.”

Continue Reading

As a general rule, cost-benefit analyses are suspect.

Such analyses – which federal agencies perform to weigh the health and safety “benefits” of regulations (benefits like lower infant mortality rates and reliably safe and clean drinking water) against the “cost” of lost profits to Corporate America – result in a distorted model of a regulation’s impact. Invariably, the distortion creates a bias that exaggerates the regulation’s “cost,” largely because cost (measured in dollars and cents) is more easily quantified than benefits.

So one might think it’s a good thing that economists at the FDA have started factoring in pleasure – or, more specifically, its loss – when weighing the costs and benefits of new regulations. And one might think that a regulation that is expected to result in lower infant mortality rates, fewer cancer diagnoses, and longer, healthier lives for the American public to be a winner in terms of “pleasure,” right?

Unfortunately, one would be wrong.

Shockingly, the FDA’s cost-benefit analysis for a new tobacco regulation resulted in the rule’s projected health and safety benefits – fewer instances of heart and lung disease and fewer early deaths – being reduced by 70 percent due to the “loss in pleasure” smokers endure when trying to break their addiction.

As an ex-smoker myself (tobacco-free since 2008), I am well aware that the symptoms of nicotine withdrawal certainly constitute a “loss in pleasure.” But the notion that a smoker’s physical discomfort for a relatively brief period of time somehow trumps by 70 percent the health benefits of quitting (not to mention the increase in one’s disposable income and the gradual restoration of one’s senses of taste and smell) is utterly outrageous.

Continue Reading

© Copyright . All Rights Reserved.