Tag Archives: covid 19

DOT Wants to Weaken Its Own Power to Penalize Airlines Over Consumer Complaints

Amy Marten: Fair Warning June 1, 2020


With enforcement against airlines for consumer violations already falling sharply, the Department of Transportation is pushing for a rule change that consumer groups and some lawmakers say would serve no other purpose than further protecting airlines from civil fines.

The proposed change, announced in February, would require the DOT to use a more rigid definition of “unfair and deceptive practices” when investigating consumer complaints against airlines. The rule would also allow airlines to call for additional hearings when defending complaints or when facing future regulations.

Under Transportation Secretary Elaine Chao, the agency already is taking a more hands-off approach to complaints by air travelers, with enforcement actions on a sharp downward trend. In 2019, the DOT’s Aviation Consumer Protection Division issued eight enforcement orders against airlines, a record low and half as many as it issued the previous year, an agency database shows. The previous record low was nine enforcement orders, set in 2000, according to The Washington Post.

This year has also seen few cases, with three civil penalties imposed on airlines so far in 2020 totalling $850,000.

The DOT acknowledges in its proposal that it could be “performing fewer enforcement and rulemaking actions” under the rule. The agency credits Airlines for America, the lobbying organization that represents the nation’s major airlines, for suggesting the change. The industry group had complained that it had been subject to aggressive regulatory activity over the years, even for “minor infractions, inadvertent errors, or isolated incidents,” according to the DOT’s summary of the request.

“The value of this proposal is that DOT will need to explain…the reasons why it believes a practice is ‘unfair’ or ‘deceptive,’” Airlines for America said in a statement to FairWarning.

Few outside the industry would argue that airlines are being burdened by excessive regulations, especially with the free-for-all that has characterized air travel during the Covid-19 crisis.

In a June 10 letter to Chao blasting the proposal, Senators Edward Markey, Maria Cantwell, Tammy Baldwin and Richard Blumenthal, all Democrats, cited the recent decline in enforcement and thousands of consumer complaints since the onset of the coronavirus pandemic, many about airlines’ refusal to pay refunds.

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Even as infection rates are on the rise in the U.S., some carriers are starting to abandon voluntary measures to prevent the spread of disease, such as leaving the middle seat open to allow for social distancing. This week, American Airlines announced that it would resume selling planes at full capacity. The airline justified the plan by saying it would require enhanced cleaning and face coverings. “With all of these layers of protection, we are comfortable removing the load factor cap,” American Airlines said in an email to FairWarning.

But the airline refused to say whether the Centers for Disease Control and Prevention had vetted its plan to allow full planes. Instead, American Airlines said that its safety plan is accredited by ISSA, a trade group for corporations that sell cleaning products, such as 3M and Procter & Gamble.

“Having a certification from an industry group is not the same thing as having met the standards of the CDC or the NIH [National Institutes of Health] or any other objective agency,” Dr. Diana Zuckerman, president of the nonprofit National Center for Health Research, said in an interview. 

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We can’t ever go to the doctor with our guard down’: Why Black women are 40% more likely to die of breast cancer

Maria Aspan: Fortune Magazine June 30, 2020


Racism kills Black Americans, and has long before COVID-19. But its toxic combination with sexism has particularly vast and disastrous consequences for the health of Black women.

While Black people in the U.S. are dying from the COVID-19 pandemic at a disproportionately high rate, this national health crisis underlines an even grimmer status quo: Black Americans are also much more likely to die from far more common and longstanding health problems every day. Black women are at particularly high risk of heart disease and strokes, and are at least three times as likely to die as a result of childbirth as white women, contributing to the overall alarmingly high maternal mortality rate in the United States.

Then there are the shocking statistics around breast cancer, which affects one in every eight women and is the most common non-skin cancer affecting women. Black women are less likely to develop it—but 40% more likely to die from it than white women, according to the U.S. Centers for Disease Control and Prevention.

The reasons behind this awful disparity are wide-ranging, and include systemic problems both within healthcare and far beyond it. Now the disproportionately high toll of COVID-19 on the Black population in the U.S. and the simultaneous national reckoning over racism are drawing new attention to the racial inequities hurting Black women—and amplifying the voices of doctors, scientists, and public health experts who have long sounded the alarm.

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Women of all races could be legally omitted from government-funded clinical trials before 1993, and are still often under-represented in most research studies of conditions that affect them. Pregnancy and menstrual cycles are thought to “complicate” the results of trials that are mostly conducted on white men, who are seen as the “norm.”

This can obviously backfire. In 2013, the U.S. Food and Drug Administration sharply cut its recommended dosages of Ambien for women, after years of complaints about grogginess and falling asleep while driving, when followup tests showed that women metabolized the active ingredient in sleeping aids much more slowly than men.

When it comes to clinical trials funded by pharmaceutical companies, “the FDA encourages but does not require diversity in clinical trials,” says Diana Zuckerman, a scientist and president of the National Center for Health Research. “Worse, the agency frequently approves drugs and devices for all adults, even if they were primarily studied on white adults.”

One treatment that the FDA approved in April, for the “triple-negative” type of breast cancer that disproportionately affects Black women, was approved after being tested on 108 patients. Eight of them, or 7%, were Black. Another breast-cancer treatment was approved last year after being tested on 234 patients; seven of them, or 3%, were Black.

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