News in September 2002

WASHINGTON, Sept. 19, 2002 -- Black & Decker is voluntarily recalling to repair about 140,000 cordless electric lawn mowers. An electrical component in the lawn mower can overheat, posing a possible fire hazard.

Black & Decker has received 11 reports of electrical components overheating. One of these resulted in a minor hand burn and nine resulted in reports of minor property damage extending beyond the mower.

The mowers were sold under both the Black & Decker and Craftsman brand names. The recalled Black & Decker cordless electric lawn mowers have the model number CMM1000 or CMM1000R and date codes from 9534 through 200230, both of which are located on the silver and black label affixed to the rear door of the mower. The lawn mowers have either an orange or green deck cover with a black motor cover. The lawn mowers have the words "Black & Decker" and "Cordless" on top of the motor cover.

The Craftsman-brand mowers, which were sold at Sears, have model number 900.370520 and include all date codes. The model number is located on the silver and black label affixed to the rear door of the mower. The Sears lawn mowers have a dark green deck with a black motor cover. The lawn mowers have the words "Craftsman" and "24 Volt Cordless" on top of the motor cover.

Home centers, hardware and discount stores nationwide sold the Black & Decker lawn mowers from February 1996 through August 2002 for between $360 and $400. Craftsman-brand mowers were sold at Sears stores nationwide from January 1998 through December 2000 for between $360 and $400.

Consumers with either brand recalled lawn mower should stop using it immediately. Black & Decker mower owners should call Black & Decker toll-free at (866) 229-5570 between 8 a.m. and 4:30 p.m. ET Monday through Friday, or log onto the company's web site at www.blackanddecker.com to receive information on the free repair.

Craftsman mower owners should take their mower to the nearest Sears store or Sears product repair center for a free repair.

Black & Decker recalled 1,300 cordless electric mowers with model number CMM1000R on January 23, 2002. For more information about that recall, contact Black & Decker at the toll-free number listed above. The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

September 18, 2002
The high cost of dialing 555-1212 for directory assistance got even higher this summer. MCI, Sprint and VarTec all increased their rates to $2.49 per call. Consumers won't do much better with AT&T at $1.99 for each 555-1212 call.

However, lower rates are available from other providers, 10-10 dial-around numbers and cellular plans. Listings are also free on the Web.

"Smart consumers can beat the phone companies at the rate increase game," says independent consumer advocate Rich Sayers of 10-10PhoneRates.com. Competitive long distance providers charge as little as 75 cents for 555-1212. Sayers advises that it's not necessary to switch carriers to get a lower rate. Dial-around services can be accessed instantly via 10-10 numbers.

The best rates Sayers has found come from WorldxChange Communications and Everdial. It's just 75 cents to call 555-1212 via those companies 10-10 numbers. Using your cell phone is another option. Several major cell phone companies charge about $1.25 per call.

If you have Internet access, phone numbers can be looked up for free at numerous online phone books. While Sayers notes that listings are not as current online, he uses the Web sites regularly and finds most of the numbers he's looking for. The biggest savings come when searching for foreign phone numbers or addresses. They are free at over 200 sites. Calling a live operator for international numbers costs $7.95 a call.

For links to U.S. phone book Web sites point your Web browser to: 10-10phonerates.com/links.html

For links to foreign Web sites (many are in English) point your Web browser to: 10-10phonerates.com/sitemap.html

September 17, 2002
The staff of the Federal Trade Commission today released a "Report on Weight-Loss Advertising: An Analysis of Current Trends." The report concludes that false or misleading claims, such as exaggerated weight loss without diet or exercise, are widespread in ads for weight-loss products, and appear to have increased over the last decade.

The Commission also announced that it will hold a public workshop on November 19, 2002, to explore the impact that these ads have on public health and new approaches for fighting the proliferation of misleading claims for weight-loss products.

Many marketers, the report states, use false claims, misleading consumer testimonials, and deceptive before-and-after photos to market their products. According to the report, nearly 40 percent of the ads in the study, including ads that appeared in mainstream, national publications, made at least one representation that is almost certainly false and 55 percent of the ads made at least one representation that is very likely to be false.

Often ads promised weight-loss results beyond what is possible. Nearly half of the ads claimed that the users could lose weight without diet and exercise. In one ad, for example, the headline proclaimed: "LOSE UP TO TWO POUNDS DAILY WITHOUT DIET OR EXERCISE!" Other ads cited rapid, prolonged weight-loss claims - such as claims that consumers can lose 8 to 10 pounds per week over an extended period of time.

"We have known for some time now that there is a serious problem with weight-loss product advertising. This report demonstrates the extent of that problem," said FTC Chairman Timothy J. Muris. "Reputable marketers continue to take care to avoid false and misleading claims, but it appears that too many unscrupulous marketers are making false claims promising dramatic and effortless weight loss to sell their products. It is not fair to consumers; it is not fair to legitimate businesses, it is illegal, and it will not be tolerated."

The report, which examined 300 promotions that appeared in all major forms of media between February and May 2001, was prepared with the assistance of the Partnership for Healthy Weight Management (PHWM). The Partnership is a coalition of representatives from science, academia, the health care profession, government, commercial enterprises, and organizations whose mission is to promote sound guidance on achieving and maintaining a healthy weight.

"There is no such thing as a miracle pill for weight loss," Surgeon General Richard Carmona said. "The surest and safest way to weight loss and healthier living is by combining healthful eating and exercising. First eat healthfully - cut fats, eat at least five servings of fruit a day, and cut down on the amount of alcohol you drink. Next, get some physical actvity in your day. Walking just 30 minutes a day, five days a week can reduce weight, and make you feel better."

According to the report, a comparison of current ads to ads that ran in 1992 suggests that there has been a dramatic increase in the number of weight-loss products and the amount of deceptive weight-loss advertising, during the last decade.

The report noted two major trends: 1) a shift away from weight-loss products advertised as "low-calorie meal-replacements" in 1992 to pills and other products that commonly claimed to work without diet or exercise in 2001; and 2) that although ads from both 1992 and 2001 contain deceptive or false claims, the recent ads were much more likely to make specific misleading performance promises.

Since 1990, the Commission has filed 93 cases challenging false and misleading weight-loss claims involving over-the-counter drugs, dietary supplements, commercial weight-loss centers, weight-loss devices and exercise equipment. Despite the unprecedented level of FTC enforcement over the last decade though, misleading and deceptive ads continue to saturate the market.

According to health and nutrition experts, many of the weight-loss products and programs most heavily advertised are either unproven or unsafe, and frustrate efforts to promote healthy weight-loss efforts by promising unrealistic results.

"As health professionals, we are concerned about the epidemic of obesity and are equally concerned about false and misleading claims in advertising of weight-loss products and services," said George L. Blackburn, M.D., PhD, chair in nutrition medicine at Harvard Medical School and a member of the PHWM. "Many promise immediate success without the need to reduce caloric intake or increase physical activity. The use of deceptive, false, or misleading claims in weight loss advertising is rampant and potentially dangerous. Many supplements, in particular, are of unproven value or have been linked to serious health risks."

The FTC filed its complaint against No. 9068-8425 Quebec, Inc., doing business as Bio Lab, and its president, Jean-Francois Brochu. The FTC alleged that the defendants, using mainstream U.S. media, targeted U.S. consumers by advertising and selling "Quick Slim" - a purported weight-loss product which they claim causes users to lose rapid and substantial weight without dieting or exercise; and "Cellu-Fight," a product which they claim completely eliminates cellulite without any effort by users.

The FTC alleged that the defendants advertised Quick Slim in Glamour and TV Guide magazines, in free standing inserts (weekend coupon inserts) distributed through newspapers, such as the Philadelphia Inquirer, the Dallas Morning News, the San Francisco Examiner, the Los Angeles Times and the Washington Post, and on the Internet.

Quick Slim is a dietary supplement advertised as a "fat blocker" that uses apple pectin to control weight. Promotions for Quick Slim, which costs $70.00 for a bottle of 180 caplets, promised rapid and substantial weight loss without diet and exercise. The defendants' ads contain statements such as, "Lose Up to 2 Pounds Daily Without Diet or Exercise," and claims that the weight loss would be permanent. In fact, the FTC alleged, Quick Slim does not cause rapid or significant weight loss without the need for diet and exercise, and does not cause permanent weight loss.

Bio Lab also marketed and sold Cellu-Fight on the Internet and through direct mail brochures. The ads contained statements such as, "Cellu-Fight ... New Tablet for A Direct Attack on Cellulite," and "New Tablet Completely Eliminates Cellulite." A bottle of 60 tablets costs $40.00. According to the FTC, the ads falsely claim that the product is clinically proven to eliminate cellulite from the stomach, backside, hips and thighs. In fact, the FTC alleges, Cellu-Fight does not eliminate or substantially reduce cellulite.

On September 6, 2002, U.S. District Court Judge David N. Hurd entered a temporary restraining order against defendants prohibiting dissemination of misleading advertising for Quick Slim and Cellu-Fight and freezing defendants' assets. A preliminary injunction hearing is scheduled for September 20th.

It happens everyday -- a friendly, seemingly helpful insurance adjuster assures the victim of a tragedy that he is there to help them and that he can be trusted to move their claim as quickly as possible. All too often, what happens is similar to what happened to Brenda of Plano, Texas.

The lesson? Never give evidence to an adjuster or make any kind of tape-recorded or written statement to an adjuster until you have retained an experienced trial lawyer. You may think there's plenty of time to hire lawyers if things go wrong later, but as Brenda learned, things can go very wrong, very fast.

Brenda of Plano TX writes (9/10/02):
In August of last year I was at the hospital with my dad. He was in critical condition. I received a call that my house was on fire. My brother rushed me home. My house was damaged so bad that we could not save anything. I had lived there 30 years. I lost all my babies' pictures, diplomas, items that cannot be replaced. The fire marshall told me I needed to contact the cable company because the fire seemed to start at my cable box.

We contacted the office in Plano, Texas. They sent an adjuster out to our house. He told us that they were going to fix our house and replace what we lost. He told me he needed the cable box, which was all melted down to nothing, plus all of our pictures we had taken to show the damage. I trusted him because he was so nice. He even told our little boy that he was going to replace his tv and Playstation that burned. He told us to get a couple of estimates on the house and to make a list of all that we lost.

In two weeks he called us and told us to screw off. He had our evidence. I hired an attorney. I don't know what happened but they had a hearing to drop our case for lack of evidence. We were not told about this hearing from our lawyers. When I called him he said, "I'm sorry, I thought I sent you a letter," and laughed.

He knows that the cable box they produced was not my cable box. It had all new wires on it and was hardly damaged.

There was nothing left in my room but a Bible. My cable box was just a ball of melted plastic. I think they paid off my lawyer. I have plenty of witnesses that saw what my box looked like. They said they did not get my pictures, but they did. The judge granted them permission to drop my case for lack of evidence, BUT THEY HAD MY EVIDENCE.

What if this happens to someone else and they burn up? It is not right that they are getting away with this. I have nothing left. I don't know what to do now.

I did not have the money to fix my house, I have lived with different relatives. My little boy had to go through counseling at school. He lost all his clothes and toys. We had nothing left. I have been going to doctors with blood pressure 220/130 due to stress. Sometimes I just feel like ending it all, because I have lost 30 years of my life.

Now I will probably lose my home, because I cant afford to fix it anyway. I pray to god every night that someone will help me.

This is a terrible story. Brenda needs to find another lawyer -- preferably a well-known trial lawyer who is experienced at fighting big companies. But it will be an uphill battle and she is in a state that is not consumer-friendly so we're not optimistic that this story will have a happy ending.