Current Events in September 2007

The company, however, said it takes such allegations seriously and is now testing samples of its products.

As we reported on Thursday, toxicologists at ExperTox Inc. Analytical Laboratory of Texas detected acetaminophen in a sample of pet food identified as CANIDAE dog food. The lab issued that report on September 4, 2007.

We also confirmed the findings with the manager of the Deer Park, Texas, laboratory. That is one of our reports, Lab Manager, Donna Coneley, told us.

Coneley, however, said the sample arrived in a Ziploc bag and ExperTox cannot confirm the pet food is a CANIDAE brand. The labs customer, who was not identified because of a confidentiality agreement, identified the sample as CANIDAE pet food on ExperToxs forms.

Coneley also confirmed the lab detected acetaminophen in the dog food, but pointed out that the report didnt show the amount of painkiller found in the sample.

ExperToxs report also revealed its toxicologists did not detect cyanuric acid or melamine in the dog food tested.

Melamine is the chemical that triggered this years massive pet food recall. In March, Menu Foods recalled more than 60 million containers of dog and cat food the Food and Drug Administration (FDA) said were tainted with melamine. Thats a chemical used to make plastic and fertilizers. It is not allow in pet or human food.

Thousands of dogs and cats nationwide suffered kidney problems or died after eating the tainted food.

The FDA said it found melamine in the imported wheat gluten and rice protein concentrate used to make the pet food. FDA officials traced the source of that contamination to two now-defunct companies in China.

No CANIDAE pet foods were involved in that recall.

Acetaminophen Found In Other Brands

This latest finding of acetaminophen in dog food comes less than four months after ExperTox discovered the painkiller in about a half a dozen samples of pet food it tested.

The lab did not disclose the brands of pet food that tested positive for acetaminophen in May because of a confidentiality agreement.

But ConsumerAffairs.com learned two of those samples were Menu Foods Pet Pride "Turkey and Giblets Dinner" and Pet Pride "Mixed Grill.

Grieving cat owner Don Earl of Port Townsend, Washington, told us he paid ExperTox to analyze those brands of pet food. He said the samples tested were the same lots and styles of food that he fed his cat, Chuckles, before she died in January, 2007, after eating the Pet Pride food.

ConsumerAffairs.com confirmed those samples of cat food tested positive for acetaminophen. They also tested positive for the chemical cyanuric acid -- commonly used in pool chlorination.

But the samples of Pet Pride did not reveal any melamine contamination.

That finding didnt surprise Earl, who has asked a federal court to force the FDA to investigate other toxins -- besides melamine -- as the culprit behind the pet food recall.

Melamine has impressed me as being a red herring since day one, he said. The substance has been the subject of credible scientific tests and studies for decades. Nothing supports the theory it could be lethal even in amounts 10 times the highest reported to be present in the food. As to why no one is finding other toxins in the food, the simple explanation is no one is looking for other toxins in the food.

FDA Disputed Earlier Reports

The FDA refuted ExperToxs earlier findings of acetaminophen in the pet food, saying it didnt detect the painkiller in a handful of samples it tested.

But ConsumerAffairs.com learned the FDA couldnt confirm it tested the same lots and brands of pet food in which ExperTox found the pain medication.

ExperTox told us it tested 100 to 150 samples of pet food -- and detected acetaminophen in five of those samples. The FDA tested just a few samples of pet food for the painkiller.

Its easier to say that we cant confirm something by looking at a few samples than to really investigate and continue investigating until you know something for sure, Coneley told us.

CANIDAE also cast doubt on ExperToxs earlier findings of acetaminophen in pet food.

And the San Luis Obispo, California, company questioned the accuracy of the labs current report about detecting acetaminophen in a sample of CANIDAE dog food.

There is one report by one unconfirmed laboratory that has given rise these claims, the companys Jim Mantych said in a written statement faxed on Friday to ConsumerAffairs.com. That same laboratory also claimed acetaminophen contamination in other products that the FDA and the laboratory at the University of California examined as well and as to which those laboratories found that the claims could not be validated.

Mantych added: We do not put acetaminophen in our products in any way, shape or form, nor is it used in any of our ingredients.

Nevertheless, Mantych said his company is testing samples of its pet food for possible contamination.

CANIDAE takes any such allegations extremely seriously and is working hard to acquire as much factual information regarding these allegations as possible. We have already sent a battery of samples to be tested by the most current and reliable test methods available.

ExperTox told us on Thursday that it is not required to report its latest findings of acetaminophen in the dog food to the FDA. In previous cases, the lab said, its clients reported the test results to that federal agency.

We contacted the FDA on Thursday about ExperToxs latest findings. A spokesman told us he was checking into the matter.

Some consumers want low levels of caffeine for health reasons, and others prefer the effects of higher caffeine, said food scientist Leonard Bell. The addition of caffeine contents to food labels would help them make better choices.

In their study, published in the August issue of the Journal of Food Science, Bell and fellow researcher Ken-Hong Chou described their evaluation of 56 national brands and 75 store brands of carbonated beverages.

According to the study, the U.S. Food and Drug Administration sets the legal limit of caffeine in carbonated beverages at about 72 milligrans of caffeine for a 12-ounce can of soft drink.

Bell and Chou found the range of caffeine in 12-ounce cans of carbonated beverages to vary from a low of just under 5 milligrans for a store brand of cola to a high of 74 milligrams for Vault Zero, a citrus drink. Their study included cola, pepper-type and citrus beverages of both national-brands and private-label store-brands.

New flavors, formulas and brands of carbonated beverages are continually being introduced into the market, but since most do not provide caffeine content information in their labeling, consumers cannot make quick choices based on comparison at the point of purchase.

In their article, Bell and Chou conclude that if all manufacturers placed caffeine contents on food labels, consumers would have the ability to instantly compare products, enabling them to make more informed purchasing decisions.

The findings are contained in a report issued by the ExperTox Inc. Analytical Laboratory earlier this week, which reveals its toxicologists detected acetaminophen in a sample of pet food listed as CANIDAE dog food.

We also confirmed the findings with the manager of the Deer Park, Texas, laboratory. That is one of our reports, Donna Coneley, lab manager, told us.

Coneley, however, said the sample arrived in a Ziploc bag and ExperTox cannot confirm the pet food is a CANIDAE product. The lab's customer, who was not identified because of a confidentiality agreement, identified the sample as CANIDAE pet food on ExperToxs forms.

Coneley also confirmed the lab detected acetaminophen in the dog food, but she pointed out that the report doesnt show the amount of painkiller found in the sample.

No melamine

ExperToxs report also reveals its toxicologists did not detect cyanuric acid or melamine in the dog food tested.

Melamine is the chemical that triggered this years massive pet food recall. In March, Menu Foods recalled more than 60 million containers of dog and cat food the Food and Drug Administration (FDA) said were tainted with melamine. Thats a chemical used to make plastic and fertilizers. It is not allow in pet or human food.

Thousands of dogs and cats nationwide suffered kidney problems or died after eating the tainted food.

The FDA said it found melamine in the imported wheat gluten and rice protein concentrate used to make the pet food. FDA officials traced the source of that contamination to two now-defunct companies in China.

Acetaminophen found in other brands

This latest finding of acetaminophen in dog food comes less than four months after ExperTox discovered the painkiller in about a half a dozen samples of pet food it tested.

The lab did not disclose the brands of pet food that tested positive for acetaminophen in May because of a confidentiality agreement.

But ConsumerAffairs.com learned two of those samples were Menu Foods Pet Pride "Turkey and Giblets Dinner" and Pet Pride "Mixed Grill.

Grieving cat owner Don Earl of Port Townsend, Washington, told us he paid ExperTox to analyze those brands of pet food. He said the samples tested were the same lots and styles of food that he fed his cat, Chuckles, before she died in January 2007 after eating the Pet Pride food.

ConsumerAffairs.com confirmed those samples of cat food tested positive for acetaminophen. They also tested positive for the chemical cyanuric acid -- commonly used in pool chlorination.

But the samples of Pet Pride did not reveal any melamine contamination.

Not surprised

That finding didnt surprise Earl.

Melamine has impressed me as being a red herring since day one, said Earl, who recently asked a federal court to force the FDA to investigate other toxins -- besides melamine -- as the culprit behind the pet food recall.

The substance has been the subject of credible scientific tests and studies for decades. Nothing supports the theory it could be lethal even in amounts 10 times the highest reported to be present in the food. As to why no one is finding other toxins in the food, the simple explanation is no one is looking for other toxins in the food.

FDA disputed earlier reports

The FDA disputed ExperToxs earlier findings of acetaminophen in the pet food, saying it didnt detect the painkiller in a handful of samples it tested. But ConsumerAffairs.com learned the FDA couldnt confirm it tested the same lots and brands of pet food in which ExperTox found the pain medication.

ExperTox told us it tested 100 to 150 samples of pet food -- and detected acetaminophen in five of those samples. The FDA tested just a few samples of pet food for the painkiller.

Its easier to say that we cant confirm something by looking at a few samples than to really investigate and continue investigating until you know something for sure, Coneley told us. I think this might have been a quick way to get everyone off their (FDA) backs.

Coneley said her lab is not required to report its latest findings of acetaminophen in the dog food to the FDA.

The clients consistently have done that, she said.

We contacted the FDA late Thursday about ExperToxs latest findings. We also contacted CANIDAE Pet Food, but the company did not return our calls.

CANIDAE Pet Food, which is headquartered in San Luis Obispo, California, states on its Web site that all its products are safe and not part of this years massive recall.

It appears from the latest news within our industry that all recalls were from protein concentrates imported from China, the companys Web site states. CANIDAE does not use any protein concentrates, or grain fractions and we do not import any ingredients from China or overseas.

All CANIDAE and FELIDAE ingredients are of U.S. origin . . . We pride ourselves on making only the highest quality, all natural pet foods using the finest ingredients available that meet or exceed the nutrient profiles as established by the AAFCO Dog and Cat Food Nutrient Profiles.

Connecticut Attorney General Richard Blumenthal has filed suit against several mortgage brokers and realtors alleging an extensive statewide predatory lending scheme that devastated dozens of consumers.

Blumenthal alleges that through a multi-layered scheme, the defendants misled consumers and mortgage lenders into property purchases that financially destroyed dozens of homebuyers, while benefiting only the defendants, their associates and family members.

This pervasive predatory lending scheme left a trail of shattered lives and lies false promises to first-time homebuyers about property values, loan terms, and income levels, Blumenthal said. Our investigation has uncovered consumers who sought the American Dream but bought a financial nightmare."

The lawsuit charges that homebuyers were victimized by a "vast scheme" with multiple layers of lies and co-conspirators.

"We allege that this predatory lending scheme enticed consumers with false promises of profits from investment rental properties and nonexistent management services for tax and mortgage payments and other expenses," Blumenthal said.

Inflated values

Blumenthal said homebuyers were purposefully encouraged to buy properties whose values were inflated, using mortgages with concealed costs that they could never realistically afford, because their incomes and assets were falsified with bogus bank and employer records. And he said the buyers were discouraged from seeking outside assistance from independent home inspectors and lawyers.

"These practices preyed on the most vulnerable citizens many of them first-time unsophisticated low-income homebuyers who spoke little or no English. The conspirators were illegally enriched by profits from inflated prices for properties, and fees and commissions," he said.

The defendants are Royal Financial Services, LLC, of Trumbull; First Source Mortgage Solutions, Inc. of Branford; Elizabeth Athan Real Estate, LLC, of Shelton; J.G. Property Management & Investment, LLC, of New London; Brian Guimond, d/b/a Cutting Edge Contracting of Norwich; and Jose Guzman and Mauricio Lancia for allegedly managing the schemes on behalf of the defendant companies.

Blumenthal sued on behalf of Department of Banking Commissioner Howard F. Pitkin and the state in coordination with Department of Consumer Protection Commissioner Jerry Farrell, Jr.

Relief sought

Financially battered and blindsided, some consumers face foreclosure and years of damaging credit ratings. They deserve relief immediately," Blumenthal said.

Our legal action seeks money back to consumers and severe penalties for practices that undermine an entire industry, endangering not only consumers directly involved, but the economic welfare of the region. This case is only the beginning of a challenging time in the real estate and lending industry.

"This turmoil and calamity, only one in numerous emerging cases, has revealed the worst of the lending industry, he said.

Blumenthals lawsuit seeks restitution for every consumer harmed; an order preventing further violations; and civil penalties to the state.

How it worked

Blumenthal described how the alleged scheme worked:

J.G. Management and Guzman, who were not licensed by the state to engage in real estate transactions, and Elizabeth Athan Real Estate, solicited low-income consumers, including renters receiving federal housing assistance, to buy through them multiple or multi-unit residential properties. They promised consumers, among other things, favorable mortgage terms, cash back at closing, and diminished monthly housing expenses, Blumenthal said.

J. G. Management and/or Guzman also pledged to provide property management services for rental properties that the consumers purchased through them services including maintenance, finding renters, collecting rent and making mortgage and tax payments.

Once a consumer agreed to work with the defendants to purchase properties, the defendants referred consumers to Royal Financial or First Source to act as the mortgage broker.

J.G. Management, Guzman and the Elizabeth Athan agency would then select the property or properties for purchase from a stock of properties owned by the defendants, their family members or associates. The properties were sold to consumers at inflated prices often tens of thousands of dollars more than what they were purchased for months earlier. The defendants substantiated the inflated prices to consumers and lenders through bogus and artificially inflated appraisals.

When consumers inquired about hiring a home inspector, the defendants often convinced them it was unnecessary or potentially adverse to the consumer, Blumenthal charged.

Just two months after introducing its iPhone, Apple has cut the price of its most expensive model by $200. In what it called a holiday promotion, Apple said the 8 GB model will sell for $399 instead of its original price of $599.

That's good news for would-be iPhone buyers but it infuriated those who had paid full price for the devices. In an unusual bit of backtracking, Apple CEO Steve Jobs offered a backhanded apology and said the company would offer a $100 credit to most of those who paid full price.

Jobs' letter, posted on Apple's Web site, said that anyone who bought the Apple cellphone in an Apple or AT&T store and who is not eligible for a rebate, can receive a $100 Apple store credit. Details remained sketchy.

While striking a somewhat apologetic tone, Jobs made it clear early adopters shouldn't be surprised if they don't get the best price.

"This is life in the technology lane," he wrote. "If you always wait for the next price cut or to buy the new improved model, you'll never buy any technology product because there is always something better and less expensive on the horizon."

It's a somewhat more combative tone than Jobs had adopted the day before, when he announced the price cut.

The surveys are in and iPhone customer satisfaction scores are higher than weve ever seen for any Apple product, he said Tuesday. Weve clearly got a breakthrough product and we want to make it affordable for even more customers as we enter this holiday season.

The 8GB iPhone is available immediately for $399 in the US through Apples retail and online stores and AT&T retail stores. Apple said the iPhone 4GB model will be sold while supplies last, apparently indicating the lower priced model will be phased out.

The price cut was predicted back in January 2007, almost six months before the iPhone was introduced.

iSuppli, a market research firm, predicted Apple would quickly cut iPhone's price because at the introductory price of $599, each unit carried a huge profit margin.

New iPod

Apple this week also introduced the new iPod classic, featuring 80GB or 160GB of storage. The new device is priced from $249 up, a significant reduction from earlier models.

The foreclosure epidemic shows no signs of losing steam, as a new report from the Mortgage Bankers' Association (MBA) found that incidents of foreclosure for the second quarter of 2007 were at their highest rates in the organization's 55-year history.

The MBA report found that homes entering foreclosure were at 0.65 percent of all outstanding loans, an increase from the previous high of 0.58 percent for the first quarter of 2007.

The MBA's quarterly reports have been tracking a consistent increase in foreclosures across the country for the past several financial quarters.

Delinquent payments rose to 5.12 percent of all outstanding loans, an increase of 73 seasonally-adjusted points from the previous year. Delinquencies for subprime borrowers increased to 14.82 percent, roughly one of every seven outstanding subprime loans, according to the report.

MBA vice-president and senior economist Doug Duncan pointed to the continuing collapse of formerly hot housing markets in California, Nevada, Florida, and Arizona as responsible for extending the foreclosure epidemic.

"Were it not for the increases in foreclosure starts in those four states, we would have seen a nationwide drop in the rate of foreclosure filings," Duncan said.

"Thirty four states had decreases in their rates of new foreclosure and the increases were very modest in the states with increases, other than those four," Duncan said. "The four states of California, Florida, Nevada and Arizona have more than one-third of the nations subprime ARMs, more than one-third of the foreclosure starts on subprime ARMs, and are responsible for most of the nationwide increase in foreclosure actions."

RealtyTrac's regular foreclosure reports also show record-breaking foreclosures in those four states and other collapsing markets, with a 93 percent increase in overall nationwide foreclosures since July 2006.

The epidemic of foreclosures across the nation has triggered calls for help from consumer and civil rights groups such as ACORN, who called on lenders to impose a moratorium on foreclosures of homes bought with subprime loans.

The coalition wants greater protection for black and Latino families from predatory lenders, who often target minorities with expensive subprime loans, even when they could qualify for loans at "prime" rates.

A task force of several Federal agencies has asked lenders to work with borrowers in trouble, providing them leeway to defer payments or convert nontraditional loans to conventional fixed-rate loans.

The task force has also promised stronger oversight of subprime lenders and stricter rules under which they can offer mortgages.

Senator Christopher Dodd (D-CT) says he will introduce legislation that would crack down on predatory lenders and give homeowners more protection against expensive loans.

Dodd, the chairman of the Senate Banking Committee and a candidate for the 2008 Presidential election, said that "predatory lending needs to be stopped."

Let me be clear: affordable home loans are a good thing; predatory lending is not," Dodd said. My bill will end prepayment penalties which only exist in the subprime market, and which penalize homeowners for trying to do the right thing by refinancing their mortgage.

"It will prohibit brokers and lenders from 'steering' homebuyers to a more costly loan. Most importantly, my bill will help keep Americans in their homes while also helping to restore public confidence in our mortgage and capital markets.

Dodd's legislation would also clarify and supplement state laws regarding brokers' fiduciary duties to homebuyers, limiting the fees lenders can charge borrowers for late payments, and expand the authority to investigate deceptive lending practices to more federal agencies.

The major focus of Dodd's bill is ensuring lenders and brokers act in good faith towards borrowers, an approach that won praise from consumer groups.

The centerpiece of Senator Dodd's bill will establish in federal law the principle that all lenders have an obligation of good faith and fair dealing when making a home loan," said Margot Saunders of the National Consumer Law Center. "This approach will help restore a long-awaited measure of fairness to the mortgage market.

Dodd has been critical of the Bush administration's response to the housing market crash. When several federal agencies offered guidance for lenders to help delinquent homeowners, Dodd said the statement "comes very late."

Not only is todays statement late in coming, but it will not in and of itself ensure that as many people as possible remain in their homes," Dodd said. We cannot tolerate short term modifications that put off the day of reckoning until a time when the press attention is turned elsewhere. Lenders and servicers must modify loans for long-term affordability."

Dodd previously flexed his muscle as Banking Committee chairman by holding hearings on abusive credit card lending practices.

His calls for predatory lending crackdowns have been echoed in the House of Representatives, where Financial Services Committee chairman Barney Frank wants lenders who traded heavily in investments backed by subprime loans to be held accountable for their collapse.

The National Highway Traffic Safety Administration (NHTSA) will require automakers to equip all vehicles with side curtain air bags that provide head and torso protection in side-impact crashes by 2013.

Safety advocates said it was a good start.

"NHTSA is definitely on the right track, but it still has miles to go before its job is done," said Robert Shull of Public Citizen.

NHTSA released the new standards stating that the air bags are expected to save 311 lives annually and prevent 361 serious injuries, especially brain injuries, in crashes that often occur when a vehicle runs a stop sign at an intersection.

This new standard will spare hundreds of families from losing a loved one in a side- impact accident, and will forever raise the bar on safety for drivers and passengers across America, Transportation Secretary Mary Peters said.

NHTSA estimates that the rules will add about $33 to the cost of a vehicle.

Side-impact passenger vehicle crashes are often severe. They account for 28 percent of all fatalities, the majority of which involve a brain injury.

Safety advocates have long urged NHTSA to require automakers to do more to protect motorists in side crashes.

Rear seat protection

For the first time, NHTSA will also require automakers to provide head protection for rear seat passengers in any crash.

With these rigorous new requirements, we are building on the strength of innovative and life-saving side impact technologies that are already available to many new car buyers, NHTSA Administrator Nicole Nason said.

The Insurance Institute for Highway Safety has reported that its research demonstrates that head-protecting air bags reduced driver deaths by 52 percent in sport utility vehicles and 37 percent in passenger cars.

NHTSA initially first proposed side-impact standards in May 2004, roughly six months after automakers voluntarily agreed to install side air bags by 2009.

The agency reopened the regulatory process following questions about the crash test procedures automakers intended to use.

Important first step

Public Citizen's Shull said the new standards will help ensure that automakers design vehicles to protect more people from more types of side-impact crashes.

Automakers will now have to build vehicles to protect people from side-impact collisions not only with other vehicles but also with stationary objects (such as trees and other objects on the road).

Vehicles will be subjected to a tougher performance test that integrates two kinds of testing: dynamic pole tests, representing side-impact crashes with stationary objects, and movable deforming barrier (MDB) tests, replicating side-impact crashes with other vehicles. Previously NHTSA tested using only MDB tests.

New dummy

For the first time, NTSA will require that a dummy representing a small adult female to be used in side-impact performance testing. A new and more technically advanced dummy representing an adult male of average height will also be used in crash testing.

Automakers had wanted to exclude the heaviest vehicles from the side-impact requirements along with convertibles.

The new rules require vehicles that weigh less than 8,500 pounds to comply with the new crash tests by September 1, 2012. Vehicles that weigh between 8,500 and 10,000 pounds must comply by September 1, 2013.

While NHTSA does not require specific technologies to meet its new performance requirements, manufacturers likely would meet this upgraded rule with various types of innovative head, chest and pelvis protection systems, such as side curtain air bags and thorax air bags.

Miles to go

Now that NHTSA has taken these first steps, it must immediately address some unfinished business to protect the public, Shull said.

"First, the agency must address the incredibly important issue of compatibility, or the catastrophe of fatal mismatches between passenger cars and much larger light trucks and SUVs," he said.

Shull said the occupant of a car is three times more likely to be killed when struck by an SUV instead of a car and five times more likely to be killed when struck by a pickup truck.

The upgraded side-impact standard essentially tests for a collision with a mid-size passenger car, not an SUV.

"To fully replicate crash scenarios and prevent the most injury, NHTSA needs to use a moving deformable barrier that is higher, stiffer and mimics a collision with a heavier, bigger SUV," Shull said.

Safety for children

Second, Shull said NHTSA needs to improve safety for children.

"The dummies used in the upgraded testing, even in the back seat, do not adequately represent a child under the age of 12, leaving child occupants vulnerable and unaccounted for in safety testing," he said.

Third, the standard does not protect against side-impact collisions so intense that the striking vehicle or object intrudes into the vehicle, Shull noted.

He said a strict limit on the amount of acceptable amount of cab intrusion would better prevent injury to occupants in side-impact crashes.

Pet owners are rightly concerned about the safety of the food they feed their pets, in light of this years wide spread recalls. But pet owners who smoke might be inflicting just as much harm, a veterinarian warns.

Dr. Carolynn MacAllister, an Oklahoma State University Cooperative Extension Service veterinarian, says if secondhand smoke is harmful to people, then it stands to reason it hurts animals too.

There have been a number of scientific papers recently that have reported the significant health threat secondhand smoke poses to pets, MacAllister said. Secondhand smoke has been associated with oral cancer and lymphoma in cats, lung and nasal cancer in dogs, as well as lung cancer in birds.

She said a study conducted recently at Tufts College of Veterinary Medicine found a strong correlation between secondhand smoke and certain forms of cancer in cats.

The number of cats with mouth cancer, also known as squamous cell carcinoma, was higher for those animals living in smoking environments versus those felines living in a smoke-free home. In addition, cats that lived with smokers for five or more years had an even higher incidence of this type of oral cancer.

Fatal fur

One reason cats are so susceptible to secondhand smoke is because of their grooming habits. Cats constantly lick themselves while grooming, therefore they lick up the cancer-causing carcinogens that accumulate on their fur, MacAllister said. This grooming behavior exposes the mucous membrane of their mouth to the cancer-causing carcinogens.

Malignant lymphoma is another type of cancer that cats that live with smokers have a higher risk of getting.

This cancer occurs in the lymph nodes and cats are twice as likely to have this type of cancer compared to cats living in a non-smoking home. This form of cancer is fatal to three out of four cats within 12 months of developing the cancer.

Polluting the pooch

MacAllister also pointed out that secondhand smoke is greatly associated with the increased occurrence of cancer in the nose and sinus area among dogs. Research also indicates a slight association with lung cancer.

A recent study conducted at Colorado State University shows that there is a higher incidence of nasal tumors in dogs living in a home with secondhand smoke compared to dogs living in a smoke free environment, she said. The increased incidence was specifically found among the long nosed breed of dogs. Shorter or medium nosed dogs showed higher rates for lung cancer.

MacAllister said the longer nosed breeds of dogs have a great surface area in their noses that is exposed to the carcinogens. This also provides more area in which the carcinogens can accumulate. The carcinogens tend to build up on the mucous membranes of long nosed dogs so not as much reaches the lungs.

Unfortunately, dogs affected with nasal cancer normally do not survive more than one year.

The reason short and medium nose dogs have a higher occurrence of lung cancer is because their shorter nasal passages arent as effective at accumulating the inhaled secondhand smoke carcinogens, she said. This results in more carcinogens reaching the lungs.

Canaries in cages

Pet birds also are victims of secondhand smoke. A birds respiratory system is hypersensitive to any type of pollutant in the air.

MacAllister said the most serious consequences of secondhand smoke exposure in birds are pneumonia or lung cancer. Other health risks include eye, skin, heart and fertility problems.

Secondhand smoke is not the only danger faced by pets that live in smoke filled environments. Poisoning is another risk they face.

Curious pets can eat cigarettes and other tobacco products if the products arent stored properly, MacAllister said. When ingested, this can cause nicotine poisoning, which can be fatal.

It is important, both for the health of pets and others living in the household, that the smoker has a designated area in which to smoke that is physically separated from the home. In addition, always keep cigarettes, cigarette butts and other tobacco products put away.

A better choice that could enhance your chances of enjoying a healthier lifestyle with your family and pets would be to stop smoking altogether, MacAllister said.

Earlier this summer, the Associated Press wrote a widely-circulated gee-whiz story about an unorthodox treatment to remove the "floaters" that many people encounter in their vision as they age.

The AP enthusiastically reported on a controversial laser procedure practiced by a Northern Virginia eye surgeon, John Karickhoff, quoting Karickhoff as claiming a "success rate of better than 90%."

Of course, if the 90% claim is accurate, that would mean the procedure has a 10% failure rate -- way too high for the not insubstantial risk it involves, other eye surgeons say.

What are floaters? And, if you have them, should you worry about them?

They're basically benign, medical authorities agree. As we age, the eyes internal fluid -- called the vitreous humor -- shrinks very gradually, with some of the collagen breaking off and floating around in the front of the eye.

Floaters can look like specks, filaments, rings, dots, cobwebs or other shapes. They are the most vivid when you are looking at the sky or a white surface such as a ceiling. They move as your eyes move and seem to dart away when you try to look at them directly.

In recent years Karickhoff and a small number of other ophthalmologists have started offering their laser treatment for the removal of these floaters. But other surgeons cringe at the notion.

"Don't you even think of having that," a Northern Virginia ophthalmologist advised a patient who had asked about Karickhoff's procedure. "I have floaters myself," the surgeon said. "I wouldn't think of subjecting myself to that procedure and I beg my patients not to do it."

"You're risking catastrophic harm to fix a condition that isn't even a problem for the vast majority of patients," the surgeon, who asked not to be publicly identified, said.

Controversial procedure

Its a destructive laser. It produces bursts of energy that tears holes in things, Dr. Robert Frank, professor of ophthalmology and anatomy cell biology at Wayne State University, told ConsumerAffairs.com.

The type of laser used in this procedure is called a YAG, Frank said, and is widely used for two purposes. One role is in glaucoma treatment, where it is used to punch small holes in the iris. The other use is to clear matter from the eye after cataract surgery.

But the procedure used when the YAG laser zaps floaters is not widely practiced in the profession and Frank says there are very real safety concerns about it. For one thing, the laser is used to zap material that may be located near the retina.

As I said, this is a rather destructive laser, and the closer you focus to the retina, the greater likelihood you may hit the retina and tear a hole in the retina.

Would it be fair to call the procedure controversial?

I would say that at the very least, it is controversial, Frank said. I know that I have never done it and to my knowledge my retina colleagues here, and elsewhere, have not done it.

Patients seek treatment

Since vitreous floaters are very common, especially among the aging population, more people are seeking answers from their eye doctor, and in some cases, treatment.

The accepted course of action is to have a detailed eye examination to ensure the detaching vitreous hasnt torn a hole in the retina, Frank said. If theres nothing abnormal there but a few floaters, you leave it alone.

The floaters, though disturbing, usually do not interfere with vision, Frank said, and over time, usually settle out.

The vast majority of patients can learn to live with floaters, said Richard Bensinger of the American Academy of Ophthalmology. Those patients who demand treatment, he said, "are mostly obsessive-compulsive types" who allow the floaters to drive them to distraction.

Karickhoff told the AP he became interested in the procedure after he himself developed "a whopper" of a floater in his eye.

While on vacation in Florida, he saw an advertisement promoting laser surgery for floaters. Karickhoff let Fort Myers ophthalmologist Scott Geller operate on his eye and was pleased with the results.

He returned to Northern Virginia, a wealthy area overrun with well-insured, highly-paid government contractors, lobbyists and bureaucrats, and began offering the procedure himself.

Karickhoff told the AP he declines to treat patients whose floaters are small but said he has had great success with those whose floaters are large and bothersome.

ConsumerAffairs.com's Dr. Henry Fishman expressed skepticism about the procedure.

"Floaters are common and usually not a big deal. Most folks live with them without trouble," Fishman said. While Karickhoff's procedure might be justified in rare cases, Fishman said there is a risk that patients who don't really need the treatment will begin clamoring for it.

"It is not as safe as doing nothing," which is what most cases call for, Fishman said.

Meanwhile, ConsumerAffairs.com learned the American Society for the Prevention of Cruelty to Animals (ASPCA) is now reviewing the dogs medical records and their unexpected deaths.

The dogs suddenly died last year within two months of each other. Their owner, Julie N. of Harlan, Kentucky, blames the deaths on Purinas dry dog food specifically Purina One, Purina ProPlan and Purina Dog Chow.

I think theres something wrong with the food, she says. Theres no other explanation for these dogs to suddenly die.

They were both healthy. They were bred from champion bloodlines. And one of the dogs -- Beeble -- was just a puppy.

She was a healthy 12-month-old Bichon Frise, says Julie, who breeds and shows Bichon Frise. But then she suddenly started drinking excessive amounts of water, was vomiting, and became very lethargic.

Julie immediately took Beeble to the veterinarian.

But she died four days after he put her on antibiotics and started I.V. fluids.

Theres no reason that puppy should have died, Julie says. Her parents had genetic clearance. She was a perfectly healthy dog.

Two months later -- On October 26 -- another one of Julies healthy dogs unexpectedly died. In this case, it was her eight-year-old Bichon Frise, Kayla.

Kayla was a healthy female who did pet therapy, Julie says. But then she started drinking enormous amounts of water. At first, I thought she might have diabetes. But the tests were negative on that.

Autopsy Reveals Possible Link

Heartbroken and baffled by the dogs death -- and determined to find answers -- Julie had autopsies performed on Beeble and Kayla at the University of Tennessees Veterinary Teaching Hospital in Knoxville.

The autopsy report on Beeble revealed a possible connection between the puppys death and the food she ate.

Pathologists discovered problems with Beebles liver that were consistent with exposure to a hepatotoxin such as aflatoxin. Aflatoxins are poisons produced by fungus or mold. These toxins are often found in corn and other agriculture crops and commonly cause liver disease.

But how could Beeble become exposed to -- and ingest -- aflatoxins?

Simple.

The aflatoxins could have come from the (dog) food, Beebles veterinarian, Douglas Mickey, told ConsumerAffairs.com. He reviewed Beebles and Kaylas autopsy reports and -- with Julies permission -- agreed to discuss them with us. Aflatoxins are known to be found in moldy grains, like corn that would be in dog food.

He added: If youre asking me if theres a possible connection between the pet food and Beebles death, the answer is: you cant rule that out.

Aflatoxins in pet food have contributed to the deaths of more than 100 dogs in recent year, including:

• The deaths of 25 dogs in 1999. In that case, Doane Pet Care recalled more than one million bags of corn-based dry dog food tainted with aflatoxins. Fifty-four brands of dog food, including OlRoy, were part of that recall;

• The deaths of 100 dogs in 2005. In that instance, Diamond Food recalled some of its pet food because the moldy corn in the products contained aflatoxins.

Aflatoxins, however, are not linked to Menu Foods massive recall in March of 60 million containers of dog and cat food. That pet food recall -- the largest in U.S. history -- is blamed on melamine contamination in the imported wheat gluten and rice protein used to make the food.

Thousands of dogs and cats nationwide suffered kidney problems or died after eating the melamine-tainted food.

The Food and Drug Administration (FDA) traced the source of the melamine contamination to two now-defunct companies in China.

Kaylas Death Remains a Mystery

Aflatoxins also didnt play a role in Kaylas death, Dr. Mickey told ConsumerAffairs.com

That dog didnt die from anything in her food, he said. What caused her death remains a medical mystery.

Kaylas autopsy report revealed she had multiple organ mineralization, which Dr. Mickey said was likely caused by an adrenal problem.

But (the pathologists) couldnt pinpoint on the autopsy what caused the mineralization of all those organs, he said. It would be consistent with adrenal or kidney problems, but her adrenal glands and kidneys were fine.

Kaylas death has puzzled everyone who has looked at it. Everyone, that is, except Julie.

Despite the autopsy report, shes convinced Purinas dog food also contributed to Kaylas death.

Purina Denies Claim

Purinas insurance company, however, disagrees.

In a letter Julie received from Sedgwick Claims Management Services, a claim examiner states: After careful review of the records from the University of Tennessee Veterinary Teaching Hospital, I must respectfully deny liability on behalf of Nestle Purina PetCare Company for this claim . . . neither Beedles (sic) nor Kaylas medical problems would result from their diets.

The insurance company, which misspelled Beebles name, concluded the puppy died from severe hemorrhagic bronchopneumonia. It also stated Kaylas death appeared to be steroid induced and most likely the result of Cushings syndrome.

But Julie says the company reached that conclusion -- and sent its letter in mid-August -- without reading the entire autopsy reports.

I immediately called the insurance company after I received the letter and asked them how they could disregard the pathologists finding that the problems with Beebles liver were consistent with exposure to aflatoxins, Julie says. And the claims adjuster told me she didnt see that in the reportshe admitted that she didnt have a copy of the last page of the autopsy report.

Julie re-sent that report.

But a claim examiner called me later and said the company had reached the same conclusionit wasnt Purinas fault. I asked them again about the aflatoxins and they just said Beeble died from pneumonia. They also said Kayla died from steroid induced Cushings syndrome, but she was never on steroids.

No Comment

A spokesman for Purina declined to comment on the insurance companys finding.

In a previous interview, spokesman Keith Schopp defended Purinas handling of Julies concerns and said there were no aflatoxins in the companys products in the Untied States.

ASPCA Reviewing Records

Meanwhile, ConsumerAffairs.com confirmed today that Julies case has captured the attention of the ASPCA.

We learned an ASPCA veterinarian is now -- at Julies request -- reviewing the medical records and autopsy reports on Beeble and Kayla. A spokeswoman said its too early to comment on any findings because the organization just received the documents on Tuesday.

Fighting For Justice for Her Dogs

Julie is also considering legal action, saying shell do whatever it takes to get justice for her dogs and other pets that might be at risk.

Im not doing this to make a profit, she says. I never wanted to pursue legal action in the first place. All I wanted was for Purina to take my information and check its food. But now they need to acknowledge that this has happened and make sure no one elses pets die. I dont want any other animals to die like mine.

She adds: You know that old (Shakespeare) saying that something is rotten in the state of Denmark? Well, something is definitely rotten at Purina.

There are many good reasons not to smoke. You could get emphysema or cancer. You could catch cold standing with all the other smokers in front of your building in the winter time.

And, it turns out, you could be at a higher risk of developing dementia.

According to researchers writing in the current issue of Neurology, people who smoke are more likely to develop Alzheimers disease or dementia than nonsmokers or those who smoked in the past. Their study followed nearly 7,000 people age 55 and older for an average of seven years.

Over that time, 706 of the participants developed dementia. People who were current smokers at the time of the study were 50 percent more likely to develop dementia than people who had never smoked or past smokers.

Smoking could affect the risk of dementia through several mechanisms, according to study author Monique Breteler, MD, PhD, of Erasmus Medical Center in Rotterdam, the Netherlands, and member of the American Academy of Neurology.

Smoking increases the risk of cerebrovascular disease, which is also tied to dementia, Breteler said. Another mechanism could be through oxidative stress, which can damage cells in the blood vessels and lead to hardening of the arteries. Smokers experience greater oxidative stress than nonsmokers, and increased oxidative stress is also seen in Alzheimers disease.

Oxidative stress occurs when the body has too many free radicals, which are waste products produced by chemical reactions in the body.

Antioxidants in the diet can eliminate free radicals, and studies have shown that smokers have fewer antioxidants in their diets than nonsmokers, Breteler said.

The researchers also looked into how smoking affects the risk of developing Alzheimers disease for people who have the gene that increases the risk of Alzheimers, called apolipoprotein E4, or APOE-4.

They found that smoking did not increase the risk of Alzheimers for those with the APOE-4 gene. But for those without the APOE-4 gene, smoking increased the risk of Alzheimers. Current smokers without the Alzheimers gene were nearly 70 percent more likely to develop Alzheimers than nonsmokers or past smokers without the Alzheimers gene.

The study was supported by Erasmus Medical Center and several governmental health organizations in the Netherlands.

The BMW automatic transmission that is failing through the country wins this week's "Lemon of the Week" Award.

The transmission failure is one of the most expensive and widespread automobile repair bills plaguing consumers today, according to our readers. The faulty automatic transmission is in use, when it works, in many used BMW sedans across the country.

Consumers from all over the U.S. are reporting the failure. Without notice, the reverse gear stops working in BMWs, many of them the popular 323i luxury sedan.

BMW service centers charge as much as $7,000 to repair the transmission, according to ConsumerAffairs.com readers.

Here are a few examples:

John in Memphis, Tennessee:

After reading this site I feel lucky that I made it this far without this issue. I've driven my 1999 BMW 323i for the past year with no problems.

I bought it used at an extremely discounted price, but now I see why. I got up for a 4 a.m. road trip and my car lost its reverse gear.

I didn't try to drive it. I thought it was a dealer mistake because I just had it serviced the day before.

I came inside to do a quick web search and found this site. Boy am I disappointed.

Garrett in Carlsbad, California:

My 2000 BMW 323i won't go into reverse. The car has 61,000 miles runs great but the other day the car just stopped going into reverse.

The transmission acts like it is in neutral. After a little research this looks like a very common problem.

Something needs to be done.

Kevin in Middletown, New Jersey

BMW says I need a rebuilt transmission. BMW says the cost will be $6,883.00.

I called a local transmission shop for an estimate. I said I have a BMW but before I could continue he stopped me and said "let me guess, no reverse?" I said yeah, he said and, "It's a 2000 3 series." Amazing. All I said was I have a BMW.

His repair will be $2,200 BMW wanted $6,883.

Jorge in Miami, Florida

I have a BMW 2000 323i that fails to go into reverse. The dealer wants $6,000 to replace the transmission.

These are just a few of the problems reported to us. See our BMW transmission complaints page for more.

A message to the wise and wary: If you're shopping for a used car, that spiffy BMW with the automatic transmission is one you should probably avoid.

Identity thieves continue to exploit consumers growing concerns about identity theft to steal their identities. Their latest email phishing scheme targets Bank of America customers.

The email looks official enough. It bears the Bank of America logo and the heading Security Update Alert.

Because of unusual number of invalid login attempts on you account, we had to believe that, their might be some security problem on you account, the advisory states. So we have decided to put an extra verification process to ensure your identity and your account security. Please follow the link below and fill in the necessary requirements.

The fractured syntax and problematic grammar quickly reveal this to be a fake. Those unwary enough to click on the provided link will be taken to a bogus site where they will be asked to enter their account user name and password.

If they do, the scammer captures it and uses it to clean out the account.

Consumers who happen to be Bank of America customers are the most likely to think this email is legitimate. However, BOA and other legitimate companies say they never ask customers to reveal sensitive information in response to an email.

More Scam Alerts ...