October 26, 2011

NEW YORK – Shareholders of AT&T Inc. have filed a proposal calling for the company “to publicly commit to operate its wireless broadband network consistent with network neutrality principles” that would maintain open access to the Internet on wireless networks.

The filing comes only weeks before implementation of new Federal Communications Commission rules on network neutrality that provide a broad exemption for wireless broadband networks – the fastest growing segment of the Internet.

AT&T has sought in the past to block shareholders from voting on network neutrality issues. A similar shareholder proposal on wireless networks was excluded from AT&T’s 2011 proxy ballot following a Securities and Exchange Commission staff ruling that net neutrality was not a “significant public policy issue.”

The latest AT&T proposal has been filed by institutional investors including the Nathan Cummings Foundation as well as individual investors including Mike D of the Beastie Boys. Unless the proposal is blocked again, it’s expected to be voted on at the company’s annual meeting in April 2012.

“Net neutrality is clearly a material issue of import for AT&T and for the whole country, which is why it’s critical that shareholders be heard,” said Farnum Brown, Chief Investment Strategist for Trillium Asset Management, LLC, an independent investment firm with more than $900 million under management, which represents some of the filers.

According to Laura Campos, director of shareholder activities at the Nathan Cummings Foundation, “This issue has important implications for both social and economic justice and long-term shareholder value. As a shareholder, the Foundation is concerned that over the longer-term, a failure to operate its wireless broadband network in accordance with the principles of network neutrality could negatively impact AT&T’s market share and damage its reputation with consumers.”

The AT&T shareholder proposal cites research by the Institute for Policy Integrity at New York University which concluded that an open Internet accounts for billions of dollars of economic value for Americans.”This economic and social value is an important factor in the growth of our economy and widely diversified investment portfolios,” the proposal states.

The proposal also notes that open Internet policies on wireless networks have particular importance for minority and economically disadvantaged communities. People of color access the Internet via cell phones at a much greater rate than their white counterparts, according to a report by the Pew Internet & American Life Project. “The digital freedoms at stake are a 21st century civil rights issue,” says Colorofchange.org, an organization representing African-Americans, which is cited by the shareholders.

The shareholder proposal calls on AT&T to proactively ensure that its wireless networks remain open and provide equal access and non-discriminatory treatment for all content.“

Maintaining the existing system of net neutrality for our mobile networks is a win-win – its good for economic growth and good for the principles of free expression that underpin our democracy – the greatest platform the world has known for sustainable economic growth,” said Jonas Kron, Deputy Director for Shareholder Advocacy at Trillium.

The shareholder initiative at AT&T was organized by Open MIC – the Open Media and Information Companies Initiative – a nonprofit organization that seeks to inform corporations’ responsible media management practices. “Net neutrality is necessary to insure competition, entrepreneurship, innovation, and free expression in the digital economy,” said Michael Connor, Open MIC’s Executive Director. “That’s why it is so important that the investor voice be heard.”

The complete text of the AT&T wireless network neutrality proposal is available on the Open MIC web site and can be downloaded here (PDF).

For more information about recent net neutrality issues, visit www.openmic.org.

The Open Media and Information Companies Initiative – Open MIC – is a non-profit organization working to promote a vibrant, diverse media ecosystem through market-based solutions. Founded in late 2006, Open MIC is a project of the Tides Center, a 501(c)(3) non-profit organization.

For more information, contact:Michael ConnorExecutive Director212-537-9401mconnor@openmic.orgwww.openmic.org

by Claude Solnik
Published: October 3, 2011

It looks like a few firms have agreed to open the books on their political donations, a year after the Supreme Court unceremoniously closed the door on once strict limits to contributions.

A trio of Fortune 500 companies whose stock is held by the New York State Common Retirement Fund have agreed to disclose their political campaign contributions and procedures, after requests from New York State Comptroller Thomas P. DiNapoli.

DiNapoli said Marriott International, Yum Brands (parent of Pizza Hut and Taco Bell) and Limited Brands(parent of Henri Bendel and Victoria’s Secret), whose stock is held by the state’s $146.9 billion retirement fund, agreed to disclose contributions to political campaigns and advocacy groups and outline their approval process for political contributions.

The comptroller and the Center for Political Accountability began a push last year for greater disclosure after the Supreme Court’s Citizens United decision opened the doors to big corporate contributions.

“There’s cause for concern when corporations make it their business to finance campaigns,” DiNapoli said. “Now we’re asking corporations to do the responsible thing for their shareholders and for the public. These three companies have heeded the call.”

After finding that about 70 of the S&P 500 companies had public policies regarding disclosing political donations, the comptroller and the center sent out letters requesting information from the remaining firms.

“We engaged with these companies. Some came forward and said we’ll work with you,” said Eric Sumberg, a spokesman for the comptroller. “We proposed shareholder resolutions at some.”

The retirement fund filed nine shareholder resolutions, leading to agreements with these three firms during the proxy season.

The New York State Common Retirement Fund as of Sept. 16 owned nearly $150 million combined in these firms’ shares including 1.6 million shares of Yum Brands worth $86.2 million; 873,292 shares of Limited Brands worth $35.2 million and 938,109 shares of Marriott International worth $27.4 million.

DiNapoli said he’s continuing to push for disclosure of corporate contributions as a way of monitoring spending of firms whose shares are held by the state an their interaction with the political process.

“Proxy season is in the spring,” Sumberg said. “Over the next couple of months, we’ll look at which companies to engage with the next season. Hopefully, we’ll have more successful engagements.”

ORRVILLE, Ohio - The J.M. Smucker Co. perked up coffee-lovers by announcing that after four straight price hikes in little over a year, the company was cutting prices by an average of 6 percent.

The Orrville food company, which is holding its annual shareholders meeting today, said Tuesday's news applies to the prices on a majority of its coffee products sold in the U.S., including top-selling Folgers Coffee, Folgers Gourmet Selections and Dunkin' Donuts packaged coffee sold in supermarkets.

Smucker cut prices in response to declines in the price of raw green coffee futures, which slipped to $2.10 per pound in July, down 9 percent from a 34-year-high of $2.31 per pound in April.

That's still 65 percent higher than the $1.27-per-pound price in April 2010, but represents the third-straight monthly decline after more than a year of steadily climbing prices, according to the International Coffee Organization.

Those rising prices, on top of higher fuel and other production costs, prompted Smucker to increase its own coffee prices four times:

• 4 percent on May 18, 2010;

• 9 percent on Aug. 3, 2010;

• 10 percent on Feb. 8, 2011;

• and 11 percent on May 24.

Smucker's rivals, including Starbucks, Maxwell House, Peet's Coffee & Tea and Green Mountain Coffee have raised their coffee prices over the past year, too, but have not yet responded to Tuesday's announcement.

Dominic Caruso, vice president of Caruso's Coffee Inc., a specialty coffee roaster in Brecksville, said that while prices for some kinds of raw beans have fallen, they remain significantly higher than they were a year ago.

He said that while mass-produced coffee blends like Folgers and Dunkin' Donuts can compensate for more expensive beans by increasing the amount of cheaper robusta beans, coffee houses that specialize in premium beans or single-source coffees have less wiggle room to lower prices.

"On certain coffees, like breakfast blends and doughnut shop blends, we're going to try to pass along that savings to the customer," he said. "But on other coffees, like African coffees or Indonesian Sumatras and Javas, we're stuck" with higher prices.

Caruso doesn't expect many coffee house regulars to switch to brewing at home, however, because coffee is still an affordable indulgence. "The customer who's going to the coffee shop is going there for a lot of reasons besides price," he said.

The price cut news also came a day before Smucker's annual shareholders meeting, where two shareholder groups that advise investors on responsible and sustainable companies are seeking more information about the company's long-term coffee strategy.

Calvert Investment Management Inc. of Bethesda, Md., and Trillium Asset Management LLC of Boston want shareholders to approve their Proposal 5, requiring Smucker to provide a report to shareholders about how the company plans to deal with possible climate changes and threats to family coffee farms within six months of the annual meeting.

Because coffee makes up 40 percent of Smucker's net sales and 48.6 percent of its profit, the groups wrote a letter to shareholders saying that they want to know how the company plans to respond to climate changes like global warming, changes in rainfall patterns, and its "responsibility for its impact on the coffee farming families in its supply chain."

Rebecca Henson, Calvert's sustainability analyst, said: "The proposal is meant to encourage the company to take more meaningful steps" to protect shareholders, because so much of its business depends on coffee. "We just think there's more they can do to manage this risk."

Calvert, a mutual fund which offers advice to more than 400,000 individual and institutional investors, owns 4,269 shares of Smucker stock.

Trillium, the oldest and largest independent adviser devoted exclusively to sustainable and responsible investing, advises several hundred clients who own about 90,000 shares of Smucker.

Both groups say Smucker has provided "woefully inadequate" guidance on these topics and that it "lags significantly behind" its global peers Nestle, Sara Lee and Kraft in providing that information.

Sara Lee, for example, aims to have 20 percent of its coffee volume certified sustainable by 2015, while Nescafe will distribute 220 million disease-resistant coffee plantlets to coffee farmers around the world by 2020.

Smucker declined to answer questions Tuesday about the price cut or Proposal 5, saying that it was in its quiet period prior to Thursday's earnings conference call.

In an Aug. 9 letter to shareholders, however, Co-Chief Executives Tim and Richard Smucker responded that the company had already answered those requests.

They said that "in making the decision and expending time and resources to voluntarily publish a corporate responsibility report, it has taken appropriate action to address shareholder concerns" and that adopting Proposal 5 would be "unnecessary, duplicative and inappropriate."

Read the original article here.

Nestlé Waters North America, PepsiCo and the Coca-Cola Company have all received a “B-” letter grade for their recycling efforts in a new report, which criticized the beverage industry’s pace in improving recycling.

“Waste & Opportunity: U.S. Beverage Container Recycling Scorecard and Report” by As You Sow is the shareholder advocacy group’s third review of the beverage industry since 2006.

The report gave Nestlé Waters North America the highest rank out of the major companies. In particular, the firm received the highest score on container recovery for establishing better recovery goals than its peers and having stated tactical strategies for attaining those goals, the report said.

As You Sow said the beverage industry has made slow progress on recycling since the last edition of the report in 2008. But the 2011 report does contain some signs that the industry may increase its commitments to recycling soon.

The Coca-Cola Company, which As You Says has been historically opposed to container deposit systems, indicated it is now “neutral” on a deposit system administered by an independent third party, an apparent softening of its position, according to the advocacy group.

Several survey respondents also said that in developing a recycling program, they are most likely to support programs that set recycling fees that are paid by producers or importers, included in the price of the product and administered by industry.

However, brewing companies were largely absent from the survey participants, with Anheuser Busch refusing to participate. As You Grow says this suggests the company’s transparency policies are getting worse. The firm received the second highest score in the report’s 2008 edition.

By Jerilyn Klein Bier

Whether or not you’ve got environmentally conscious clients, it pays to know the financial and public health risks associated with a corporation’s toxic chemical policies. And one of the better go-to places for that information is the Investor Environmental Health Network (www.iehn.org).

IEHN is a collaborative partnership of different investment organizations that in aggregate manage more than $30 billion in assets. Its goal is to encourage companies to adopt policies that reduce and/or eliminate toxic chemicals in their products and operations.

IEHN’s operating principle is that safer chemical policies can help companies anticipate and avoid “toxic lockout” from the marketplace in the form of government bans or restrictions on products. In turn, that can reduce reputational and legal risks, as well as enhance brands and create greater long-term shareholder value.

“We needed to move beyond the chemical to chemical and look at the larger picture of what companies are doing,” says IEHN executive director Richard Liroff, who founded the network in 2004. “We’re trying to change the underlying ground rules that apply to all companies worldwide.”

IEHN’s members include Calvert Investments, Domini Social Investments, Parnassus Investments, As You Sow Foundation, First Affirmative Financial Network, faith-based institutional investors and other leaders in sustainable and socially responsible investing. The network is advised by scientific, policy and technical experts from roughly a dozen environmental health organizations.

Liroff, who spent more than two decades directing projects on toxic chemicals and other issues at the World Wildlife Fund, serves as a technical resource for IEHN and has helped develop the rationale for resolutions and written letters to companies.

Body Of Work

IEHN, which analyzes corporate, government and scientific data, gets most of its funding through smaller philanthropic organizations concerned about environmental health. In addition to working on environmental issues involving corporations, the organization does outreach and develops tools such as reports and fiduciary guides for pension plans and other investors.

Among its activities, IEHN has pressed regulators to close corporate liability accounting loopholes that enable companies to conceal damaging scientific findings and their full potential liabilities associated with toxic chemicals. It has also provided suggestions to the Global Reporting Initiative on how it can better address toxic chemicals in its upcoming guidelines.

IEHN’s résumé includes tackling issues such as bisphenol A (BPA) and phthalates used in plastic products, polyvinyl chloride (PVC) in packaging, pesticides in food, and nanomaterials in cosmetics.

One of the coalition’s pressing tasks of late has been calling out energy companies on the environmental and business risks of hydraulic fracturing technology used in oil and natural gas drilling. And IEHN member Domini filed resolutions with Coca Cola in 2010 and 2011 asking it to disclose how it’s responding to safety concerns about BPA used in its can linings.

IEHN members have been the lead filers on two-thirds of the 103 shareholder resolutions on toxic chemicals filed by investors since 2006. Of the 44 resolutions that were voted on during that period (many others were withdrawn due to favorable company responses), two dozen received more than 20% of shareholder votes.

“That’s a significant enough number to get a company’s attention,” says Larisa Ruoff, the director of shareholder advocacy at Green Century Capital Management in Boston, one of IEHN’s partner organizations.

For broader context, a first-year resolution filed with a company needs to get at least 3% of the vote in order to be refiled the following year.

Solutions, Not Just Talk

Roger McFadden, a senior scientist with Staples Advantage, the business-to-business division of Staples Inc., circulates IEHN information with the office supply retailer’s key decision makers. “I view IEHN as a credible and relevant information resource to identify chemicals of high concern, but more importantly, to identify safer alternatives,” he says
As a result of talks with IEHN, Staples has eliminated endocrine-disrupting nonylphenol ethoxylates from its own brand cleaning supplies; stopped using thermal register receipts coated in BPA; and now uses PVC-free packaging materials for its own brands.

IEHN has helped oil and gas exploration company Apache Corp. identify important questions regarding hydraulic fracturing. “While other people spend time preaching to their own choirs and valuing opinion over fact, Rich spends time crunching numbers, reading footnotes, reaching out to new people from across the spectrum, and forging doable-but-meaningful deals,” says Sarah Teslik, Apache’s senior vice president of policy and governance.

Liroff encourages financial advisors to use information resources on IEHN’s web site, including case studies, reports and articles. IEHN staff also provides fee-based services for people who want to dive deeper into these issues.

In addition, Liroff recommends checking out the SIN (Substitute It Now!) List developed by the nonprofit International Chemical Secretariat, or ChemSec. It includes 378 substances identified as very high concern under REACH, the European Community Regulation on chemicals and their safe use.

Down the road, Liroff expects companies will talk more about their toxic footprints like they’ve begun to do with their carbon and water footprints. IEHN’s partner organizations believe that’ll help achieve the trifecta of improved corporate operations, public health and shareholder value.