D.C. Outlook: FTC must take care of the dead

Published 12:00 am Thursday, May 30, 2002

By JOHN BREAUX

Unfortunately, death is a part of life. When we face the death of a loved one, we face profound change and loss. And, with loss comes anxiety, loneliness and grief. The emotional toll and rebuilding of lives when a loved one dies is an experience that many of us know far too well.

But what would happen if we had to relive this pain and sorrow years after a loved one is laid to rest? Sadly, for hundreds of families who entrusted the remains of their loved ones to the Tri-State Crematory in Noble, Ga., this nightmare became a reality.

America was shocked and disturbed upon hearing the story of the Noble crematory’s blatant disregard for the families of individuals scheduled for cremation – individuals whose remains were never given the respect and careful handling their families intended. The horrors that went on at the Tri-State Crematory are beyond anyone’s comprehension and have left us asking how something this unthinkable would have happened.

These incidents serve as yet another reminder of what can go wrong in the funeral industry. Two years ago, the Senate Special Committee on Aging held two days of hearings to explore the practices and federal oversight of the $14 billion “death-care” industry. After several witnesses recounted horror stories related to the funeral, crematory and casket businesses, it became all too clear that current federal oversight was almost completely ineffective and, in the case of crematories, non-existent.

It was also clear that the Federal Trade Commission needs to broaden the scope of the 1984 funeral rule – a law that requires consumer disclosure about pricing, but does not include cemeteries, crematories and other third-party funeral merchandise sellers.

As chairman of the Aging Commission, I urge states to consider crematory licensing and independent observers at all cremations to verify that ashes correspond to the deceased and are scattered as requested. I also urged the FTC to expand the funeral rule umbrella to include regulation of the “death-care” industry and urge states to revamp their self-regulating system of funeral and cemetery oversight.

As the law stands, once a body leaves the funeral parlor, families have no assurance it will be treated with the respect it deserves. Some states have laws against desecrating graves, but no laws against desecrating bodies.

Coping with the death of a loved one is difficult enough, but grieving again when those we entrust fail to do their jobs is simply unthinkable. We must change our policies on both the state and federal levels to make the funeral industry more accountable for its actions to ensure they deliver on their promises. The peace of mind in knowing that a loved one will be laid to rest with dignity and care must be guaranteed.

JOHN BREAUX represents Louisiana in the United States Senate.