To the Congress of the United States:
Consumers, by definition, include
us all. They are the largest economic group in the economy, affecting and
affected by almost every public and private economic decision. Two-thirds
of all spending in the economy is by consumers. But they are the only important
group in the economy who are not effectively organized, whose views are
often not heard.
The Federal Government - by
nature the highest spokesman for all the people - has a special obligation
to be alert to the consumer's needs and to advance the consumer's interests.
Ever since legislation was enacted in 1872 to protect the consumer from
frauds involving use of the U.S. mail, the Congress and Executive Branch
have been increasingly aware of their responsibility to make certain that
our Nation's economy fairly and adequately serves consumers' interests.
In the main, it has served them
extremely well. Each succeeding generation has enjoyed both higher income
and a greater variety of goods and services. As a result our standard of
living is the highest in the world - and, in less than 20 years, it should
rise an additional 50 percent.
Fortunate as we are, we nevertheless
cannot afford waste in consumption any more than we can afford inefficiency
in business or Government. If consumers are offered inferior products,
if prices are exorbitant, if drugs are unsafe or worthless, if the consumer
is unable to choose on an informed basis, then his dollar is wasted, his
health and safety may be threatened, and the national interest suffers.
On the other hand, increased efforts to make the best possible use of their
incomes can contribute more to the well-being of most families than equivalent
efforts to raise their incomes.
The march of technology - affecting,
for example, the foods we eat, the medicines we take, and the many appliances
we use in our homes - has increased the difficulties of the consumer along
with his opportunities; and it has outmoded many of the old laws and regulations
and made new legislation necessary. The typical supermarket before World
War II stocked about 1,500 separate food items - an impressive figure by
any standard. But today it carries over 6,000. Ninety percent of the prescriptions
written today are for drugs that were unknown 20 years ago. Many of the
new products used every day in the home are highly complex. The housewife
is called upon to be an amateur electrician, mechanic, chemist, toxicologist,
dietitian, and mathematician - but she is rarely furnished the information
she needs to perform these tasks proficiently.
Marketing is increasingly impersonal.
Consumer choice is influenced by mass advertising utilizing highly developed
arts of persuasion. The consumer typically cannot know whether drug preparations
meet minimum standards of safety, quality, and efficacy. He usually does
not know how much he pays for consumer credit; whether one prepared food
has more nutritional value than another; whether the performance of a product
will in fact meet his needs; or whether the "large economy size" is really
a bargain.
Nearly all of the programs offered
by this Administration - e.g., the expansion of world trade, the improvement
of medical care, the reduction of passenger taxes, the strengthening of
mass transit, the development of conservation and recreation areas and
low-cost power - are of direct or inherent importance to consumers. Additional
legislative and administrative action is required, however, if the Federal
Government is to meet its responsibility to consumers in the exercise of
their rights. These rights include:
(1) The right to safety - to
be protected against the marketing of goods which are hazardous to health
or life.
(2) The right to be informed
- to be protected against fraudulent, deceitful, or grossly misleading
information, advertising, labeling, or other practices, and to be given
the facts he needs to make an informed choice.
(3) The right to choose - to
be assured, wherever possible, access to a variety of products and services
at competitive prices; and in those industries in which competition is
not workable and Government regulation is substituted, an assurance of
satisfactory quality and service at fair prices.
(4) The right to be heard -
to be assured that consumer interests will receive full and sympathetic
consideration in the formulation of Government policy, and fair and expeditious
treatment in its administrative tribunals.
To promote the fuller realization
of these consumer rights, it is necessary that existing Government programs
be strengthened, that Government organization be improved, and, in certain
areas, that new legislation be enacted.
I. STRENGTHENING OF EXISTING PROGRAMS
This Administration has sponsored
a wide range of specific actions to strengthen existing programs. Major
progress has already been achieved or is in prospect in several important
areas. And the 1963 budget includes recommendations to improve the effectiveness
of almost every major program of consumer protection.
(1) Food and drug protection.
Thousands of common household items now available to consumers contain
potentially harmful substances. Hundreds of new uses for such products
as food additives, food colorings and pesticides are found every year,
adding new potential hazards. To provide better protection and law enforcement
in this vital area, I have recommended a 25 percent increase in staff for
the Food and Drug Administration in the budget now pending before the Congress,
the largest single increase in the agency's history. In addition, to assure
more effective registration of pesticides, a new division has been established
in the Department of Agriculture; and increased appropriations have been
requested for pesticide regulation and for meat and poultry inspection
activities.
(2) Safer transportation. As
Americans make more use of highway and air transportation than any other
nation, increased speed and congestion have required us to take special
safety measures.
- The Federal Aviation Agency
has reexamined the Nation's air traffic control requirements and is designing
an improved system to enhance the safety and efficiency of future air traffic.
- The Secretary of Commerce
has established an Office of Highway Safety in the Bureau of Public Roads
to promote public support of highway safety standards, coordinate use of
highway safety research findings and encourage cooperation of State and
local governments, industry, and allied groups - the Department of Health,
Education, and Welfare is likewise strengthening its accident prevention
work - and the Interstate Commerce Commission is strengthening its enforcement
of safety requirements for motor carriers.
- In addition, I am requesting
the Departments of Commerce and of Health, Education, and Welfare, to review,
with representatives of the automobile industry, those changes in automobile
design and equipment which will help reduce the unconscionable toll of
human life on the highways and the pollution of the air we breathe. Additional
legislation does not appear required at this time in view of the automobile
industry's action to incorporate in the new model design changes which
will reduce air pollution.
(3) Financial protection. Important
steps are being taken to help assure more adequate protection for the savings
that prudent consumers lay aside for the future purchase of costly items,
for the rainy day, for their children's education, or to meet their retirement
needs.
- Legislation enacted last year
has strengthened the insurance program of the Federal Savings and Loan
Insurance Corporation.
- The Securities and Exchange
Commission has undertaken at the request of the Congress a major investigation
of the securities market which should provide the basis for later legislation
and administrative measures.
- The Postmaster General and
the Department of Justice have stepped up enforcement of the mail fraud
statutes. Arrests for mail fraud last year set an all-time record; and
convictions increased by 35 percent over the previous year.
(4) More effective regulation.
The independent regulatory agencies also report increased emphasis on programs
directly helpful to consumers.
- The Interstate Commerce Commission
has instituted proceedings designed to prevent excessive charges for moving
household goods in interstate commerce.
- The Civil Aeronautics Board
has recently taken action to protect air travellers from abuses of overbooking.
- The Federal Trade Commission
has intensified its actions against deceptive trade practices and false
advertising affecting a variety of goods, including refrigerators, house
paint, sewing machines, vacuum cleaners, kitchen utensils, food wrapping,
and carpets.
- The Federal Power Commission
is initiating a vigorous program to assure consumers of reasonable natural
gas prices while assuring them of adequate supplies - revitalizing all
of its regulatory programs in the electric power field - and undertaking
a national power survey designed to identify ways of bringing down power
costs in the decades ahead by making the best possible use of our capital
and energy resources; and I recommend that the Congress enact legislation
and make available funds to enable the Commission to provide for 34 million
natural gas consumers the information similar to that now provided electrical
consumers on typical bills in various areas, thus spotlighting abnormally
high rates and stimulating better industry performance.
- The Federal Communications
Commission is actively reviewing the television network program selection
process and encouraging the expanded development of educational television
stations; and it will also step up in fiscal year 1963 its enforcement
program to prevent interference with air navigation signals, distress calls,
and other uses of radio important to public safety.
- For all of the major regulatory
agencies, I am recommending increased appropriations for 1963 to provide
the increased staff necessary for more effective protection of the consumer
and public interest.
- Of the important changes in
agency organizational procedure recommended last year to eliminate delays
and strengthen decision-making, the great majority have been authorized
by reorganization plans or legislation and are being put into practice
by agency heads; and, to permit similar improvements in the operations
of the Securities and Exchange Commission and the Federal Power Commission
through greater delegation of assignments, I recommend enactment this year
of legislation along the lines of S. 2135 for the SEC and S. 1605 and H.R.
6956 for the FPC.
(5) Housing costs and quality.
The largest purchase most consumers make in their lifetime is a home. In
the past year, significant steps have been taken to reduce the cost of
financing housing and to improve housing quality. The level of interest
rates and other charges on mortgage loans has been reduced by a variety
of Federal actions. Under authority provided by the Housing Act of 1961,
new programs have been started (a) to encourage experimental construction
methods likely to develop better housing at lower cost, (b) to provide
lower interest rates and longer maturities on loans for rehabilitation
of existing housing, (c) to provide especially low cost rental housing
for moderate income families, and (d) to provide housing for domestic farm
labor. The same legislation also authorized demonstration grants to develop
better methods of providing housing for low income families.
(6) Consumer information and
research - and consumer representation in Government. Government can help
consumers to help themselves by developing and making available reliable
information.
- The Housing and Home Finance
Agency will undertake, under the budget proposed for fiscal 1963, new studies
to discover ways of reducing monthly housing expenses, lowering the cost
of land for home building, and minimizing financing charges.
- The Department of Agriculture
is undertaking similar research designed to help raise rural housing standards
and reduce costs.
- The Food and Drug Administration
will expand its Consumer Consultant Program which, together with the home
demonstration program of the Agriculture Extension Service, now provides
valuable information directly to consumers on product trends, food standards
and protection guides.
- The Bureau of Labor Statistics
is now conducting a nation-wide survey of consumer expenditures, income,
and savings, which will be used to update the widely-used Consumer Price
Index and to prepare model family budgets.
- Too little has been done to
make available to consumers the results of pertinent government research.
In addition to the types of studies mentioned above, many agencies are
engaged - as aids to those principally concerned with their activities,
in cooperation with industry or for Federal procurement purposes - in testing
the performance of certain products, developing standards and specifications
and assembling a wide range of related information which would be of immense
use to consumers and consumer organizations. The beneficial results of
these efforts - in the Departments of Agriculture, Commerce, Defense, and
Health, Education, and Welfare, and in the General Services Administration
and other agencies - should be more widely published. This is but one part
of a wider problem: the failure of governmental machinery to assure specific
consideration of the consumer's needs and point of view. With this in mind,
I am directing:
- First, that the Council of
Economic Advisers create a Consumers' Advisory Council, to examine and
provide advice to the government on issues of broad economic policy, on
governmental programs protecting consumer needs, and on needed improvements
in the flow of consumer research material to the public; this Consumers'
Council will also give interested individuals and organizations a voice
in these matters;
- Second, that the head of each
Federal agency whose activities bear significantly on consumer welfare
designate a special assistant in his office to advise and assist him in
assuring adequate and effective attention to consumer interests in the
work of the agency, to act as liaison with consumer and related organizations,
and to place increased emphasis on preparing and making available pertinent
research findings for consumers in clear and useable form; and
- Third, that the Postmaster
General undertake a pilot program by displaying, in at least 100 selected
post offices, samples of publications useful to consumers and by providing
facilities for the easier purchase of such publications.
II. NEW LEGISLATIVE AUTHORITY FOR ADDED CONSUMER PROTECTION
In addition to the foregoing measures, new legislative authority is also essential to advance and protect the consumer interest.
(A) Strengthen regulatory authority over foods and
drugs
The successful development of
more than 9,000 new drugs in the last 25 years has saved countless lives
and relieved millions of victims of acute and chronic illnesses. However,
new drugs are being placed on the market with no requirement that there
be either advance proof that they will be effective in treating the diseases
and conditions for which they are recommended or the prompt reporting of
adverse reactions. These new drugs present greater hazards as well as greater
potential benefits than ever before - for they are widely used, they are
often very potent, and they are promoted by aggressive sales campaigns
that may tend to overstate their merits and fail to indicate the risks
involved in their use. For example, over 20 percent of the new drugs listed
since 1956 in the publication New and Non-Official Drugs were found, upon
being tested, to be incapable of sustaining one or more of their sponsor's
claims regarding their therapeutic effect. There is no way of measuring
the needless suffering, the money innocently squandered, and the protraction
of illnesses resulting from the use of such ineffective drugs.
The physician and consumer should
have the assurance, from an impartial scientific source, that any drug
or therapeutic device on the market today is safe and effective for its
intended use; that it has the strength and quality represented; and that
the accompanying promotional material tells the full story - its bad effects
as well as its good. They should be able to identify the drug by a simple,
common name in order to avoid confusion and to enable the purchaser to
buy the quality drugs he actually needs at the lowest competitive price.
Existing law gives no such assurance
to the consumer - a fact highlighted by the thoroughgoing investigation
led by Senator Kefauver. It is time to give American men, women and children
the same protection we have been giving hogs, sheep and cattle since 1913,
under an act forbidding the marketing of worthless serums and other drugs
for the treatment of these animals.
There are other problems to
meet in this area:
- An extensive underground traffic
exists in habit-forming barbiturates (sedatives) and amphetamines (stimulants).
Because of inadequate supervision over distribution, these drugs are contributing
to accidents, to juvenile delinquency and to crime.
- Two billion dollars worth
of cosmetics are marketed yearly, many without adequate safety testing.
Thousands of women have suffered burns and other injuries to the eyes,
skin and hair by untested or inadequately tested beauty aids.
- Factory inspections now authorized
by the pure food and drug laws are seriously hampered by the fact that
the law does not clearly require the manufacturer to allow inspection of
certain records. An uncooperative small minority of manufacturers can engage
in a game of hide-and-seek with the Government in order to avoid adequate
inspection. But protection of the public health is not a game. It is of
vital importance to each and every citizen.
- A fifth of all the meat slaughtered
in the United States is not now inspected by the Department of Agriculture,
because the coverage of the Meat Inspection Act is restricted to meat products
moving across state lines. This incomplete coverage contributes to the
diversion of unhealthy animals to processing channels where the products
are uninspected and can, therefore, be a threat to human health.
In short, existing laws in the
food, drug, and cosmetic area are inadequate to assure the necessary protection
the American consumer deserves. To overcome these serious statutory gaps,
I recommend:
(1) First, legislation to strengthen
and broaden existing laws in the food and drug field to provide consumers
with better, safer, and less expensive drugs, by authorizing the Department
of Health, Education, and Welfare to:
(a) Require a showing that new
drugs and therapeutic devices are effective for their intended use - as
well as safe - before they are placed on the market;
(b) Withdraw approval of any
such drug or device when there is substantial doubt as to its safety or
efficacy, and require manufacturers to report any information bearing on
its safety or efficacy;
(c) Require drug and therapeutic
device manufacturers to maintain facilities and controls that will assure
the reliability of their product;
(d) Require batch-by-batch testing
and certification of all antibiotics;
(e) Assign simple common names
to drugs;
(f) Establish an enforceable
system of preventing the illicit distribution of habit-forming barbiturates
and amphetamines;
(g) Require cosmetics to be
tested and proved safe before they are marketed; and
(h) Institute more effective
inspection to determine whether food, drug, cosmetics, and therapeutic
devices are being manufactured and marketed in accordance with the law;
(2) Second, legislation to authorize
the Federal Trade Commission to require that advertising of prescription
drugs directed to physicians disclose the ingredients, the efficacy, and
the adverse effects of such drugs; and
(3) Third, legislation to broaden
the coverage of the Meat Inspection Act administered by the Department
of Agriculture, to promote adequate inspection - in cooperation with the
States and industry - of all meat slaughtered in the United States.
(B) Require "truth in lending"
Consumer debt outstanding, including
mortgage credit, has almost tripled in the last decade and now totals well
over $200 billion. Its widespread availability has given consumers more
flexibility in the timing of their purchases. But, in many instances, serious
abuses have occurred. Under the chairmanship of Senator Douglas, a subcommittee
of the Senate Banking and Currency Committee has been conducting a detailed
examination of such abuses. The testimony received shows a clear need for
protection of consumers against charges of interest rates and fees far
higher than apparent without any real knowledge on the part of the borrowers
of the true amounts they are being charged. Purchasers of used cars in
one study, for example, paid interest charges averaging 25 percent a year,
and ranging well above this; yet very few were aware of how much they were
actually paying for credit.
Excessive and untimely use of
credit arising out of ignorance of its true cost is harmful both to the
stability of the economy and to the welfare of the public. Legislation
should therefore be enacted requiring lenders and vendors to disclose to
borrowers in advance the actual amounts and rates which they will be paying
for credit. Such legislation, similar in this sense to the "Truth-in-Securities"
laws of 1933-34, would not control prices or charges. But it would require
full disclosure to installment buyers and other prospective credit users,
and thus permit consumers to make informed decisions before signing on
the dotted line. Inasmuch as the specific credit practices which such a
bill would be designed to correct are closely related to and often combined
with other types of misleading trade practices which the Federal Trade
Commission is already regulating, I recommend that enforcement of the new
authority be assigned to the Commission. The Government agencies most concerned
in this area have been cooperating with the subcommittee in developing
the information necessary to prepare a workable and effective bill; and
in view of the exhaustive hearings already held, I hope that the Congress
can complete action on this important matter before it adjourns.
(C) Manufacture of all-channel television sets
Five out of six home television
receivers today are equipped to receive programs on only the 12 very-high
frequency (VHF) channels. As a result, in most areas, stations desiring
to operate on any of the 70 ultra-high frequency (UHF) channels would usually
have such small audiences that there is little incentive to make the substantial
initial investment and continuing expenditures that effective broadcasting
requires. The result is a sharply restricted choice for consumers.
After extensive study, the Federal
Communications Commission has concluded that an effective and genuinely
competitive nationwide television service, with adequate provision for
local outlets and educational stations, is not possible within the narrow
confines of 12 VHF channels. Legislation now before the Congress would
authorize the Commission to prescribe the performance characteristics of
all new television receivers shipped in interstate commerce to assure that
they can receive both VHF and UHF signals. I strongly urge its passage
as the most economical and practical method of broadening the range of
programs available. This step, together with the Federal aid for construction
of educational television stations which is nearing final passage by the
Congress, will speed the full realization of television's great potential.
(D) Strengthen laws promoting competition and prohibiting
monopoly
The most basic and long-standing
protections for the right of consumers, to a choice at a competitive price,
are the various laws designed to assure effective competition and to prevent
monopoly. The Sherman Act of 1890, the Clayton Act of 1914, and many related
laws are the strongest shields the consumer possesses against the growth
of unchecked monopoly power. In addition to the measure now nearing final
passage which would provide subpoena powers for civil as well as criminal
antitrust investigations, several other improvements are needed:
(1) The Federal Trade Commission
should be empowered to issue temporary cease-and-desist orders against
the continuance of unfair competitive practices while cases concerned with
permanent relief from such practices are pending before the Commission.
Under the present law, smaller competitors may be driven into bankruptcy
or forced to accept merger on adverse terms long before present remedies
become effective, thus reducing the competitive safeguards vital for the
consumer. Similarly, deceptive trade practices in consumer goods may do
their damage long before the Commission can "lock the barn door." I, therefore,
reiterate my previous recommendation that the Congress give prompt consideration
to effective legislation to accomplish this purpose.
(2) The consumer's right to
a reasonable price can also be adversely affected by mergers of two business
firms which substantially reduce effective competition. As in the case
of unfair methods of competition, damage once done is often irreparable,
and the Government, acting through the courts, cannot readily restore the
degree of competition existing prior to the merger. Accordingly, I strongly
recommend enactment of legislation to require reasonable advance notice
to the Department of Justice and to the appropriate Commission or Board
of any merger expected to result in a firm of substantial size. This will
enable the businessman to obtain advice in advance, without litigation,
as to whether a proposed merger would be regarded as contrary to the public
interest. In addition, along with the recommended authority for the FTC
to issue cease-and-desist orders, it is an essential safeguard against
combinations which might cause unwarranted increases in consumer prices.
(3) In view of the potentially
anti-competitive abuses to which the use of patents and trademarks are
by nature subject, I recommend
- enactment of legislation requiring
publication of the terms of all settlement agreements between different
persons applying for patent rights on the same invention - for recent hearings
have shown that such agreements may include features designed to weaken
future competition at the expense of the consumer; and
- enactment of legislation authorizing
the FTC to apply for the cancellation of any trademark which is, or becomes,
the common descriptive name of an article and thus should be in the public
domain. While a competitor has such a right today, it is important - if
the FTC is to have clear authority to halt this kind of unfair commercial
advantage - that the Senate insert this provision in its review of trademark
legislation (H.R. 4333) already approved by the House.
(E) "Truth in packaging"
Just as consumers have the right
to know what is in their credit contract, so also do they have the right
to know what is in the package they buy. Senator Hart and his subcommittee
are to be commended for the important investigation they are now conducting
into packaging and labeling practices.
In our modern society good packaging
meets many consumer needs, among them convenience, freshness, safety and
attractive appearance. But often in recent years, as the hearings have
demonstrated, these benefits have been accompanied by practices which frustrate
the consumer's efforts to get the best value for his dollar. In many cases
the label seems designed to conceal rather than to reveal the true contents
of the package. Sometimes the consumer cannot readily ascertain the net
amount of the product, or the ratio of solid contents to air. Frequently
he cannot readily compute the comparative costs per unit of different brands
packed in odd sizes; or of the same brand in large, giant, king size, or
jumbo packages. And he may not realize that changes in the customary size
or shape of the package may account for apparent bargains, or that "cents-off"
promotions are often not real savings.
Misleading, fraudulent or unhelpful
practices such as these are clearly incompatible with the efficient and
equitable functioning of our free competitive economy. Under our system,
consumers have a right to expect that packages will carry reliable and
readily useable information about their contents. And those manufacturers
whose products are sold in such packages have a right to expect that their
competitors will be required to adhere to the same standards. Upon completion
of our own survey of these packaging and labeling abuses, in full cooperation
with the Senate Subcommittee, I shall make recommendations as to the appropriate
roles of private business and the Federal Government in improving packaging
standards and achieving more specific disclosure of the quantity and ingredients
of the product inside the package in a form convenient to and useable by
the consumer.
As all of us are consumers, these
actions and proposals in the interest of consumers are in the interest
of us all. The budgetary investment required by these programs is very
modest but they can yield rich dividends in strengthening our free competitive
economy, our standard of living and health and our traditionally high ethical
patterns of business conduct. Fair competition aids both business and consumer.
It is my hope that this Message,
and the recommendations and requests it contains, can help alert every
agency and branch of government to the needs of our consumers. Their voice
is not always as loudly heard in Washington as the voices of smaller and
better-organized groups - nor is their point of view always defined and
presented. But under our economic as well as our political form of democracy,
we share an obligation to protect the common interest in every decision
we make. I ask the Congress, and every Department and Agency, to help in
the fulfillment of that obligation.