Current Events in January 2008

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    MySpace Agrees To Toughen Security For Young Users

    Abuse-reporting to be made easier; age verification tools studied

    Under pressure from 49 states and the District of Columbia, Rupert Murdoch's social networking site MySpace.com has agreed to implement new measures to protect young users from sexual predators.

    The state attorneys general said MySpace has agreed to consider a common abuse-reporting mechanism to provide a means to report abuse on every content-containing page, allowing users to categorize the type of offensive content at issue via a drop-down menu.

    MySpace, owned by Murdoch's News Corp., will try to acknowledge reports made via the reporting mechanism within 24 hours and will report back to consumers within 72 hours of receiving complaints.

    MySpace also agreed to create a task force to explore and develop age and identity verification technology.

    A coalition of states, working through the National Association of Attorneys General, have advocated age and identity verification as vital tools to protect children using social networking sites from on-line sexual predators and inappropriate material.

    "The Internet can be a dangerous place for children and young adults, with sexual predators surfing social networking sites in search of potential victims, and cyber bullies sending threatening and anonymous messages," New Jersey Attorney General Ann Milgram said.

    It was reported last week that a federal grand jury was issuing subpoenas to MySpace and others involved in the case of 13-year-old Megan Meier.

    Megan, who lived in the small community of Dardenne Prairie, Missouri, a half-hour drive north of St. Louis, hanged herself in October 2006 because of a fraudulent relationship on MySpace.com.

    "In New Jersey, we developed a 'Report Abuse' icon with on-line links to specifically empower visitors to social networking sites with the ability to swiftly report abusive and potentially criminal behavior," Milgram said.

    "Our icon, which was adopted by MyYearbook and the five social networking sites of Community Connect, is distinctive and appears on every content-containing page. It's an important tool to protect kids and we urge MySpace to join this cooperative effort to make social networking sites safer," Milgram said.

    "We're joining forces to find the most effective ways to keep young children off these sites and to protect the kids who do use them," said North Carolina Attorney General Roy Cooper. "This agreement sets a new standard for social networking sites that have been quick to grow but slow to recognize their responsibility to keep kids safe."

    "MySpace is pleased to work with the states on Internet safety matters including the development of a standardized reporting abuse mechanism," said MySpace Chief Security Officer Hemanshu Nigam.

    Other sites invited

    MySpace said it will invite other social networking sites, age and identify verification experts, child protection groups and technology companies to participate in the task force on age and identity verification technology.

    The task force will report back to the attorneys general every three months and issue a formal report with findings and recommendations at the end of 2008.

    Other specific changes and policies that MySpace agreed to develop include: allowing parents to submit their children's email addresses so MySpace can prevent anyone using those email addresses from setting up profiles; making the default setting "private" for profiles of 16- and 17-year-olds; promising to respond within 72 hours to inappropriate content complaints and committing more staff and/or resources to review and classify photographs and discussion groups.

    The agreement culminates nearly two years of discussions between MySpace and the attorneys generals, who were led by Cooper and Connecticut Attorney General Richard Blumenthal, co-chairmen of a National Association of Attorneys General (NAAG) executive committee on social networking sites.

    Other measures

    MySpace also agreed to work to the following:

    • Strengthen software identifying underage users;

    • Retain a contractor to better identify and expunge inappropriate images;

    • Obtain and constantly update a list of pornographic web sites and regularly sever any links between them and MySpace;

    • Implement changes making it harder for adults to contact children;

    • Dedicate meaningful resources to educating children and parents about on-line safety;

    • Create a closed "high school" section for users under 18.

    The settlement follows extended investigations by a number of states into cases where young computer users were exposed to sexual predators in the MySpace community sometimes agreeing to meet a person they met online.


    MySpace Agrees To Toughen Security For Young Users...

    Toyota Sales for 2007 May Surpass GM

    GM has been No. 1 worldwide for 76 years


    Toyota reported 2007 worldwide sales of 9.37 million cars and trucks and that could be enough to propel the Japanese corporation ahead of General Motors to become the world's largest automaker.

    GM, which is held the title for 76 years, will report company sales figures January 23. Analysts, however, estimate GM sales for 2007 at approximately 9.3 million cars and trucks.

    Toyota sales increased of 6 percent in 2007 and the automaker predicts a 5 percent sales rise in 2008 to 9.85 million vehicles.

    Toyota executives have downplayed the importance of the milestone and have refused to celebrate overtaking GM.

    "It's just one moment," Shoichiro Toyoda, Toyota's honorary chairman, said . "We need to just keep working harder." Toyoda is a member of the founding family of the automaker and a former company president.

    GM Chairman and Chief Executive Rick Wagoner told auto industry reporters last week that he and the company continue to focus attention on restructuring GM.

    Toyota remains highly profitable as GM continues to struggle financially. GM has been downsizing its U.S. manufacturing operations to balance car and truck production with a declining market share.

    Toyota replaced Ford in 2007 as the number two selling name plate in the U.S. dropping Ford to third place.

    The popular Toyota Prius hybrid was a big winner in the U.S.and a reason for Toyota overtaking Ford.

    Prius sales dominated hybrid market with more than 50 percent of all hybrid sales. The Prius set a record for U.S. sales in 2007 at 181,221, a 53 percent gain over 2006.

    Toyota Sales for 2007 May Surpass GM...

    Ford Escape, Mazda Tribute Continue Ford Fire Tradition

    The little SUVs can go up in flames with no warning

    A Beaverdam, Virginia home is the latest casualty in the familiar story of a trusted family vehicle erupting into a blazing inferno. This fire occurred just a week before Christmas.


    The garage that housed Janet's Mazda Tribute

    The home belonged to a ConsumerAffairs.com reader named Janet who told us that we lost everything. I hope enough folks hear about this so that it doesn't happen to anyone else.

    Two of Janet's family cats perished in the fire and a third was badly burned and is recovering at an animal hospital. A child was injured by the smoke that filled the house and most of the home's contents were burned as the structure crumbled into asks.


    The remains of Janet's home

    The Beaverdam homeowner blames the fire on her 2002 Mazda Tribute. The small SUV was recalled in May 2007 because of a faulty ABS system. The ABS module may overheat resulting in burning odor, smoke or fire, according to the National Highway Traffic Safety Administration (NHTSA) recall notice. An electrical short, NHTSA reported, might cause the malfunction.

    Janet said she did not receive the recall notice from Mazda.

    We were not notified and did not know there was a problem until after our Mazda caught on fire. Since then we've heard from several people who knew there was a problem with fire in these vehicles, she said.


    What's left of Janet's Mazda Tribute

    There is a strong connection between the Beaverdam fire and the Ford Motor Co. Ford is Mazdas largest shareholder and owns 33.4 percent of the company. Ford routinely advises consumers who have suffered a vehicle fire to call their insurance company.

    That's not much comfort to Janet, who lost her home and most of its contents.

    "The firemen got a few things out but we're not sure how much can be salvaged. We had 3 cats. One escaped but is burned and still at the vets. The other 2 perished in the fire. We lost the Mazda and our second car suffered paint damage and smells of smoke. My daughter had some minor problems with her eyelids due to the smoke. We lost so many things of sentimental value, it would be impossible to place a value on them, she wrote ConsumerAffairs.com.

    The 2007 Mazda recall covered 95,300 Tribute SUVs. The Tribute is similar to the Ford Escape. Both are built on the same platform in an effort maximize profits for the two automakers. Both went on sale in 2001 and share many parts in common.

    At the same time Mazda recalled the Tribute, Ford recalled 541,760 Escape SUVs because of an identical problem with the ABS system.

    Common problem

    ConsumersAffairs.Com readers reported their concerns with the fire-prone vehicles well before NHTSA announced the May recall. We have been reporting on fire problems in Ford vehicles since at least 2004.

    Some recent reports from readers:

    James of Monroe MI (02/21/07):
    I own a 2001 Ford Escape and when I got up to go to work this morning and went to the garage to leave my car was on fire.

    I popped the hood and it was coming from the ABS brake control box. The brake system had all been burned and melted. When I did some investigating online I saw that there had been other reports of this happening to the same make and year as my Escape. This seems to be a big concern as besides being extremely dangerous. It is also quite costly to fix.

    I called the dealership and told them because I wondered if there were ant recalls because of this but they said no. Does someone have to die before they do something?

    Keith of Brandon MS (03/21/07):
    Last night at 4 am I was awakened by my daughter who heard a loud noise in the driveway. When I went to the front door I saw that my wife's 2001 Ford Escape was on fire.

    After the Fire Department put out the fire the inspector stated the fire had started near the brake booster.

    Angela of Jacksonville FL (03/30/07):
    My 2001 Ford Escape had been parked for 2 days when in the late afternoon hours my alarm started going off. The vehicle was not locked, so the factory alarm should not have gone off at all.

    I saw smoke rolling out of the engine compartment. The car had not moved in 2 days and my brother came to the truck with me. We popped the hood and smoke was everywhere, but primarily coming from underneath the brake reservoir. You could tell by the smell that it was an electrical issue as the wires were melting and burning.

    Kara of Edmond OK (05/30/07):
    I noticed a lot of smoke coming up through the hood of the vehicle. I immediately pulled back up into the driveway told my daughter to get out and I jumped out of the drivers side.

    By the time I got around to the front of the car, smoke was billowing out from beneath the vehicle. The smoke was so thick. I guess where the braking system is was burned and melted.

    Lots of recalls, lots more fires

    The incidents cited above occurred before the May 2007 Mazda Tribute and Ford Escape recalls affecting 637,060 vehicles.

    Federal regulators at NHTSA along with the automaker have repeatedly closed the books on Ford fires, declaring their mission accomplished.

    Ford concedes that the company has recalled an additional 9.5 million trucks because of fire concerns with the cruise control deactivation switch but the total number of Ford vehicles recalled because of fire hazards exceeds 10 million. A Ford spokesman agreed that it's correct to say that the handful of recalls were related to the same issue.

    The most recent recall for Fords that might catch fire involved 3.6 million vehicles in August 2007.

    Daniel Jarvis who works as a spokesman for Ford Safety Policy told ConsumerAffairs.com that it's important to note a key difference between the earlier recalls and the one announced in August 2007: Based on our own internal investigation and one conducted by NHTSA, the August '07 voluntary recall of 3.6 million vehicles did not have a vehicle population with a higher-than-average of fires, as defined by NHTSA.

    Jarvis said that the real story in the August 2007 recall is that Ford proactively and voluntarily recalls those vehicles not based on reports of fires, but to alleviate customer concerns.

    Photos furnished by ConsumerAffairs.com readers

    Ford Escape, Mazda Tribute Continue Ford Fire Tradition...

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      Prius Again Tops Owner Satisfaction Survey

      BMW 335i, Porsche Boxster close behind


      Top 3 Picks

      Toyota Prius

      BMW 335i

      Porsche Boxster

      Toyota Prius owners continue to be turned on by their little hybrids. For the fourth year the Prius was the top car in owner satisfaction as reported by the Consumer Reports Car Owner Satisfaction Survey.

      The Prius was followed closely by the BMW 335i and Porsche Boxster.

      Ninety-two percent of Prius owners who responded to the survey said they would definitely buy or lease the hybrid again. Ninety-one percent of BMW 335i owners said they would be return customers and 90 percent of Boxster owners would buy or lease another of the Porsche cars.

      Toyota had 10 models on the most satisfied customer list as Japanese automakers dominated with 18 of the 39 car models.

      Three General Motors minivans -- the Buick Terraza, Chevrolet Uplander and Saturn Relay -- brought up the rear in consumer satisfaction with a score of 34.

      Scores in the survey are based on the percent of CR subscribers who responded "definitely yes" to the question "Considering all factors (price, performance, reliability, comfort, enjoyment), would you get this car if you had it to do all over again?"

      The new consumer satisfaction results show the Prius is now an established cult leader in a time of increasing gas prices. The hybrid gets 44 miles per gallon and is an environmental icon. The Toyota Camry Hybrid at 34 mpg was the top midsized sedan in the survey with a score of 87.

      Of the top 12 cars, half were sports cars, including the Porsche Boxster, Cayman and 911 Carrera; Chevrolet Corvette; Mini Cooper hatchback; and Honda S2000. Overall, sporty cars made up almost half of the "Most Satisfying" models.

      The next largest group was SUVs, with the Lexus RX350 at the top of the list followed by the Ford Edge and Toyota Land Cruiser.

      Pickups, SUVs lag

      Pickup trucks and SUVs accounted for more than half of the models on the "Least Satisfying" list. American compact pickups are loosing their appeal with almost every model on the market listed among the least satisfying.

      The Honda Ridgeline and V8 Toyota Tundra were the only pickups to make the "Most Satisfying" list.

      Twelve European brands made the list along with 7 U.S. models. For the first time, two South Korean models, the Hyundai Axera sedan and Santa Fe SUV, also made the list.

      Other top models ranged from the small $16,000 Honda Fit, the Top Pick for budget cars as well as the $76,000 Lexus LS, which earned the highest test score in the ratings, 99 out of 100.

      The Toyota Sienna and Honda Odyssey were the only two minivans on the list.

      Of the 22 models on the "Least Satisfying" list, 20 were from American automakers. GM brands accounted for 14, Chrysler for three and Ford for three. The remaining two models were Japanese, including the Suzuki Grand Vitara SUV and the Mazda B-Series pickup.

      Ninety-one percent of BMW 335i owners said they would be return customers and 90 percent of Boxster owners would buy or lease another of the Porsche cars....

      Bank of America Buys Countrywide Financial

      Deal may help slow the mortgage-default crisis

      Bank of America has come to the rescue of Countrywide Financial, agreeing to buy the ailing mortgage giant for $4 billion in stock.

      The deal not only props up Countrywide but should help stave off a looming mortgage-default crisis that threatens to plunge the economy into a full-blown recession.

      "We believe this is the right decision for our shareholders, customers and employees," said Countrywide Chairman and Chief Executive Angelo R. Mozilo.

      Bank of America Chairman and CEO Ken Lewis said the deal would benefit Bank of America by giving it a stronger position in the home-financing field.

      "Mortgages will continue to be an important relationship product, and we now will have an opportunity to better serve our customers and to enhance future profitability," Lewis said.

      The acquisition agreement follows fears that Countrywide, the nation's largest mortgage lender, would have to seek bankruptcy protection. Yesterday, Countrywide reported that foreclosures and late payments rose to the highest on record in December, renewing concerns the lender may seek bankruptcy protection.

      Meanwhile, pending home sales dropped in the latest report as Treasury Secretary Henry Paulson said there is no evidence the market has hit bottom.

      Like most mortgage lenders, Countrywide has been hit hard by falling home prices, rising default rates and tight capital.

      Country's Mozilo has called the nation's housing slump the worst since the Great Depression.

      Countrywide said the foreclosure rate for the 9.03 million mortgages on which it collects and processes payments doubled to 1.44 percent from 0.70 percent a year earlier, and rose from November's 1.28 percent. The delinquency rate rose to 7.20 compared to 4.60 percent a year earlier.

      Pending sales

      Fewer home buyers were willing to sign a contract to purchase property in November. The National Association of Realtor's index of pending home sales dropped 2.6 percent during the month, to 87.6. The index had risen 3.7 percent in October.

      Treasury Secretary Paulson said he believes the nation's housing slump will continue.

      "There is no evidence it is bottoming," Paulson told interviewers on CNBC.

      In fact, Paulson said federal assistance to homeowners may need to be expanded beyond struggling subprime borrowers.

      To put the November pending sales numbers in context, the pending sales index was 19.2 percent below the November 2006 level of 108.4.

      Economists interpreted the numbers as the latest sign that more careful lending practices, belatedly adopted after the subprime mortgage collapse, would keep the housing market soft well into 2008.

      The Realtors, meanwhile, managed to find a silver lining. Lawrence Yun, NAR's chief economist, said he expects existing home sales to hold "fairly steady" over the next few months, then rise later in the year. He projects a full-fledged rebound in 2009.

      "On the one hand, we have a pent-up demand from the four million jobs added to our economy over the past two years of sales decline," he said. "On the other, consumers continue to wait for additional signs of market stabilization.

      "There are more people with financial capacity now than in 2005, but many are trying to market-time their purchase. As a result, the exact timing and the strength of a home sales recovery is a bit uncertain. A meaningful recovery in existing-home sales could occur as early as this spring, or it may be further delayed toward late 2008."

      South strongest

      Pending sales were strongest in the South, where they rose 2.3 percent in November to 100.7. But that's 19.8 percent below a year ago. In the West, the index slipped 2.1 percent to 86.6 but is 18.5 percent lower than November 2006. The index in the Midwest fell 4.1 percent in November to 82.1 and is 18.6 percent below a year ago. In the Northeast, the index dropped 13.0 percent in November to 70.1 from a spike in October, and is 19.1 percent below November 2006.

      NAR said existing-home sales for 2007 will probably total 5.66 million, which it notes is the fifth highest on record. Meanwhile, the group says existing-home prices for 2007 are likely to be down 1.9 percent to a median of $217,600, hold even this year and then rise 3.1 percent in 2009 to $224,400.

      "Rising home prices in the affordable midsection of the country are likely to offset declines in some of the previously hot markets," Yun said.

      The deal not only props up Countrywide but should help stave off a looming mortgage-default crisis that threatens to plunge the economy into a full-blown r...

      MySpace Harassment Case Takes Odd Turn

      Localities looking at "cyber-harassment" laws

      In what the Los Angeles Times described as a "novel approach," a federal grand jury has reportedly begun issuing subpoenas to MySpace and others involved in the case of 13-year-old Megan Meier.

      Megan, who lived in the small community of Dardenne Prairie, Missouri, a half-hour drive north of St. Louis, hanged herself in October 2006 because of a relationship gone bad through the popular online hangout, MySpace.com.

      Shortly after joining MySpace, Megan heard from "Josh Evans," who claimed to be a 16-year-old boy who had recently moved to the area. "Josh" and Megan struck up an online friendship, until a few weeks later when "Josh" turned against Megan.

      Although Megan and "Josh" had never met, Megan felt devastated by the betrayal, ran to her bedroom, and was later found hanging from her neck in a closet.

      Her parents had no idea who "Josh" was until weeks later when it was revealed that "Josh" was in fact a hoax, allegedly created from a home located four doors down from Megan's house, a home occupied by Lori Drew.

      Drew's 13-year-old daughter had been a friend of Megan's since elementary school, but recently the two teens had a falling out. It's now alleged that "Josh" was created to spy on Megan in an effort to find out if she was saying negative comments about the Drew's daughter, whose name has not been published because she is a juvenile.

      After a yearlong investigation by the FBI, the U.S. Attorney's Office, and the St. Charles County, Missouri prosecutor, no charges were filed.

      "Lori Drew was not aware of any mean, nasty or negative comments made by anyone against Megan until after Megan took her own life," said James Briscoe, the attorney for Lori Drew. However, the police did report that Lori Drew initially said that she "instigated and monitored" the "Josh" MySpace account.

      As the Los Angeles Times first reported, an anonymous source has said that although the Meiers and Lori Drew live in Missouri, a California federal grand jury has begun issuing subpoenas in the case. Thom Mrozek, spokesman for the U.S. Attorneys Office in Los Angeles, had no comment on the Times story.

      Federal prosecutors in California are involved because MySpace is headquartered in California. In effect, California prosecutors are considering whether MySpace is the "victim" based on allegations that Lori Drew or someone in her home created a fake MySpace profile, thus defrauding MySpace.

      This could lead to allegations that MySpace was defrauded by someone in the Meier home because, according to the MySpace terms of use, Megan was not old enough to have an account.

      Cyber-harassment laws

      Meanwhile, the case is leading local governments and politicians to take a closer look at "cyber-harassment."

      In Megan's hometown of Dardenne Prairie, the local Board of Aldermen passed a measure that makes cyber-harassment a crime punishable by up to 90 days in jail and a maximum $500.00 fine.

      According to the ordinance, a person commits the offense of cyber-harassment if they use an electronic device (e-mail, instant messaging, etc.) to intentionally harass another person. This includes taking actions meant "to alarm, annoy, abuse, threaten, intimidate, torment or embarrass any other person..."

      Such laws are likely to face vigorous challenges on First Amendment grounds, observers noted.



      MySpace Harassment Case Takes Odd Turn...

      Credit Card Defaults On The Rise

      Credit crisis may be spreading

      Subprime mortgages have led to a wave of home foreclosures as thousands of homeowners have defaulted on their payments. Don't look now, but the same thing may be happening in the credit card market.

      Within a 24-hour period this week, two giants in the consumer credit industry have raised storm warnings.

      Capital One Financial Corp., the largest independent credit card issuer in the U.S. reports rapidly rising losses from consumers unable to pay their credit card bills.

      "On a managed basis, the fourth quarter 2007 provision for loan losses was approximately $1.9 billion," Capital One said in a statement. "This is comprised of approximately $1.3 billion in charge-offs and an allowance build of about $650 million. The allowance build reflects fourth quarter delinquencies in the company's national consumer lending businesses, continued deterioration in the approximately $700 million Held for Investment portfolio of Home Equity Lines Of Credit originated by GreenPoint Mortgage, and expectations for a weaker U.S. economy in 2008, as evidenced in recently released economic indicators."

      American Express, once a card targeted to the most creditworthy consumers, said it would write off a $440 million loss in the fourth quarter of 2007, partly because so many cardholders are failing to pay their debts. The company also said a slowing in cardmember spending contributed to the writedown.

      American Express said it expects to report overall growth in worldwide cardmember spending of about 16 percent for the fourth quarter. The growth rate, however, trailed off to 13 percent in December with particular weakness in U.S. billings.

      The company also said it expects to report that delinquencies in U.S. loans increased to approximately 3.2 percent in the fourth quarter of 2007 from 2.9 percent in the third quarter, and that the write-off rate in this portfolio increased to approximately 4.3 percent from 3.7 percent for the same periods.

      As home prices surged during the real estate boom of 2003-2005, many homeowners tapped equity in the form of loans to finance major purchases and other consumer spending. With that money machine effectively shut down, many economists have worried that strapped homeowners would next max out their credit cards to remain afloat.

      Credit Card Defaults On The Rise...

      Fast-Acting Alzheimer's Therapy Excites Researchers

      New therapy gets results within minutes, study claims

      It is one of those claims that immediately sounds too good to be true. But researchers say a new therapy, currently used to treat arthritis, appears to reverse the effects of Alzheimer's disease within minutes.

      The study, published in the Journal of Neuroinflammation, details an Alzheimer's treatment based on administering a therapeutic molecule. It highlights the importance of certain soluble proteins, called cytokines, in Alzheimer's disease.

      "It is unprecedented that we can see cognitive and behavioral improvement in a patient with established dementia within minutes of therapeutic intervention," said Sue Griffin, Ph.D., editor-in-chief of the journal. "It is imperative that the medical and scientific communities immediately undertake to further investigate and characterize the physiologic mechanisms involved.

      "This gives all of us in Alzheimer's research a tremendous new clue about new avenues of research, which is so exciting and so needed in the field of Alzheimer's," she said.

      The study focuses on one of these cytokines, tumor necrosis factor-alpha (TNF), a critical component of the brain's immune system.

      Normally, TNF finely regulates the transmission of neural impulses in the brain. The authors hypothesized that elevated levels of TNF in Alzheimer's disease interfere with this regulation.

      To reduce elevated TNF, the authors gave patients an injection of an anti-TNF therapeutic called etanercept. Excess TNF-alpha has been documented in the cerebrospinal fluid of patients with Alzheimer's.

      "Unprecedented" effect

      The authors say their study documents a dramatic and unprecedented therapeutic effect in an Alzheimer's patient: improvement within minutes following delivery of perispinal etanercept, which is etanercept given by injection in the spine.

      Etanercept (trade name Enbrel) binds and inactivates excess TNF. Etanercept is FDA approved to treat a number of immune-mediated disorders and is used off label in the study.

      The use of anti-TNF therapeutics as a new treatment choice for many diseases, such as rheumatoid arthritis and potentially even Alzheimer's, was recently chosen as one of the top 10 health stories of 2007 by the Harvard Health Letter.

      Similarly, the Neurotechnology Industry Organization has recently selected new treatment targets revealed by neuroimmunology (such as excess TNF) as one of the top 10 Neuroscience Trends of 2007, according to the authors. The Dana Alliance for Brain Initiatives has chosen the pilot study using perispinal etanercept for Alzheimer's for inclusion and discussion in their 2007 Progress Report on Brain Research.

      The lead author of the study, Edward Tobinick M.D., is an assistant clinical professor of medicine at the University of California, Los Angeles and director of the Institute for Neurological Research, a private medical group in Los Angeles. Hyman Gross, M.D., clinical professor of neurology at the University of Southern California, was co-author.

      The study is accompanied by an extensive commentary by Sue Griffin, Ph.D., director of research at the Donald W. Reynolds Institute on Aging at the University of Arkansas for Medical Sciences (UAMS) in Little Rock and at the Geriatric Research and Clinical Center at the VA Hospital in Little Rock, who along with Robert Mrak, M.D., chairman of pathology at University of Toledo Medical School, are editors-in-chief of the Journal of Neuroinflammation.

      Griffin and Mrak are pioneers in the field of neuroinflammation. Griffin published a landmark study in 1989 describing the association of cytokine overexpression in the brain and Alzheimer's disease. Her research helped pave the way for the findings of the present study. Griffin has recently been selected for membership in the Dana Alliance for Brain Initiatives, a nonprofit organization of more than 200 leading neuroscientists, including ten Nobel laureates.

      "Even though this report predominantly discusses a single patient, it is of significant scientific interest because of the potential insight it may give into the processes involved in the brain dysfunction of Alzheimer's."

      While the article discusses one patient, many other patients with mild to severe Alzheimer's received the treatment and all have shown sustained and marked improvement, the authors say.



      Fast-Acting Alzheimer's Therapy Excites Researchers...

      More Teens Using Cell Phones While Driving

      NC study finds state law is widely ignored


      More teenage drivers are talking on their cell phones while driving in North Carolina despite a new state law forbidding young drivers to use the phones while behind the wheel.

      The Insurance Institute for Highway Safety (IIHS) reported the finding following a two-part study that coupled researcher observations of teenage driving habits with telephone surveys of teens and their parents.

      The North Carolina ban for drivers younger than age 18 using a cell phone is part of the state's graduated licensing system.

      Teenagers are gabbing away while driving even though young drivers and their parents said they strongly support the restrictions.

      Parents and teens alike told researchers the ban on hand-held and hands-free phone use is not being enforced in the state. The study concluded that the North Carolina law is not reducing teen cell phone use while driving.

      Just 2 months prior to the ban which began December 1, 2006, 11 percent of teen drivers were observed using cell phones as they left school in the afternoon.

      About 5 months after the ban took effect, almost 12 percent of teen drivers were observed using phones and driving.

      "Most young drivers comply with graduated licensing restrictions such as limits on nighttime driving and passengers, even when enforcement is low," said Anne McCartt, IIHS senior vice president for research and an author of the study.

      "The hope in North Carolina was that the same would hold true for cell phone use, but this wasn't the case. Teen drivers' cell phone use actually increased a little. Parents play a big role in compliance with graduated licensing rules. Limiting phone use may be tougher for them since many want their teens to carry phones," McCartt said.

      When surveyed after the cell phone restrictions took effect, teenage drivers were more likely than parents to say they knew about the ban. Only 39 percent of parents said they were aware of the cell phone law, compared with 64 percent of teen drivers.

      Support for the ban was greater among parents at 95 percent than teens at 74 percent.

      Most parents and teen drivers agreed that police officers weren't looking for cell phone violators. Seventy-one percent of teens and 60 percent of parents reported that enforcement was rare or nonexistent.

      Phone bans for young drivers are becoming commonplace as concerns mount about the contribution of distractions to teens' elevated crash risk.

      Seventeen states and the District of Columbia restrict both hand-held and hands-free phone use by young drivers. Six states and DC bar all drivers from using hand-helds.

      More Teens Using Cell Phones While Driving...

      Countrywide Reports Ballooning Delinquencies

      Existing home sales drop as housing implosion worsens

      Countrywide Financial, the nation's largest mortgage lender, says that foreclosures and late payments rose to the highest on record in December, renewing concerns the lender may seek bankruptcy protection.

      Meanwhile, pending home sales dropped in the latest report as Treasury Secretary Henry Paulson said there is no evidence the market has hit bottom.

      Like most mortgage lenders, Countrywide has been hit hard by falling home prices, rising default rates and tight capital.

      Country CEO Angelo Mozilo has called the nation's housing slump the worst since the Great Depression.

      The company has shifted its focus to smaller home loans considered less likely to default, after losing $1.2 billion in the third quarter.

      Countrywide said the foreclosure rate for the 9.03 million mortgages on which it collects and processes payments doubled to 1.44 percent from 0.70 percent a year earlier, and rose from November's 1.28 percent. The delinquency rate rose to 7.20 compared to 4.60 percent a year earlier.

      Pending sales

      Fewer home buyers were willing to sign a contract to purchase property in November. The National Association of Realtor's index of pending home sales dropped 2.6 percent during the month, to 87.6. The index had risen 3.7 percent in October.

      Treasury Secretary Paulson said he believes the nation's housing slump will continue.

      "There is no evidence it is bottoming," Paulson told interviewers on CNBC.

      In fact, Paulson said federal assistance to homeowners may need to be expanded beyond struggling subprime borrowers.

      To put the November pending sales numbers in context, the pending sales index was 19.2 percent below the November 2006 level of 108.4.

      Economists interpreted the numbers as the latest sign that more careful lending practices, belatedly adopted after the subprime mortgage collapse, would keep the housing market soft well into 2008.

      The Realtors, meanwhile, managed to find a silver lining. Lawrence Yun, NAR's chief economist, said he expects existing home sales to hold "fairly steady" over the next few months, then rise later in the year. He projects a full-fledged rebound in 2009.

      "On the one hand, we have a pent-up demand from the four million jobs added to our economy over the past two years of sales decline," he said. "On the other, consumers continue to wait for additional signs of market stabilization.

      "There are more people with financial capacity now than in 2005, but many are trying to market-time their purchase. As a result, the exact timing and the strength of a home sales recovery is a bit uncertain. A meaningful recovery in existing-home sales could occur as early as this spring, or it may be further delayed toward late 2008."

      South strongest

      Pending sales were strongest in the South, where they rose 2.3 percent in November to 100.7. But that's 19.8 percent below a year ago. In the West, the index slipped 2.1 percent to 86.6 but is 18.5 percent lower than November 2006. The index in the Midwest fell 4.1 percent in November to 82.1 and is 18.6 percent below a year ago. In the Northeast, the index dropped 13.0 percent in November to 70.1 from a spike in October, and is 19.1 percent below November 2006.

      NAR said existing-home sales for 2007 will probably total 5.66 million, which it notes is the fifth highest on record. Meanwhile, the group says existing-home prices for 2007 are likely to be down 1.9 percent to a median of $217,600, hold even this year and then rise 3.1 percent in 2009 to $224,400.

      "Rising home prices in the affordable midsection of the country are likely to offset declines in some of the previously hot markets," Yun said.

      Countrywide Reports Ballooning Delinquencies...

      Recession In 2008? What Does That Mean For Consumers?

      Slowing economic growth hurts those with high debt, scant savings

      Economic concerns dominate the beginning of the new year, highlighted this week when Wall Street brokerage house Goldman Sachs said it believes a recession has already begun. Sounds scary, but how, exactly, does a recession affect consumers?

      The technical definition of a recession is two consecutive quarters of negative economic growth, as measured by a country's gross domestic product. So, by definition, a recession won't be formally declared until we'll actually been in one for six months.

      But how will consumers be impacted if a recession has already begun? How will they know?

      When the economy contracts, less business is getting done and less money is changing hands. Businesses often find themselves in a more difficult environment. They spend less with other businesses and, more important to consumers, often reduce their work force.

      "I think the key concern for a consumer in a recession is the worry that they'll lose their job," said Joel Naroff, Chief Economist at Commerce Bancorp. "If it's an extended recession, there will be fewer, and smaller pay raises and bonuses, so they'll be bringing in less income."

      However, job elimination has been happening with greater frequency over the last decade without a recession. The rise of the global economy has prompted many U.S. based companies to close factories and outsource the work to other countries.

      Credit crisis

      Some economists see debt, and the current credit crises, as a significant threat to consumers in a recession. Stephen Roach, chief economist at Morgan Stanley, points to the problems in the housing industry where home values have begun to fall as a chief concern for consumers.

      "That puts the income-short, saving-short, overly-indebted American consumer now very much at risk, Roach wrote in a note. "February's surprisingly weak retail sales report - notwithstanding ever-present weather-related distortions - may well be a hint of what lies ahead."

      So it would appear that consumers with a shaky job position at work and who are loaded up with debt would be most vulnerable in a recession. But what about consumers who keep working and have a manageable debt load?

      Naroff concedes it is possible that many of these consumers might actually benefit from a recession.

      "There's no question that businesses get more aggressive from a price standpoint in a recession," Naroff told ConsumerAffairs.com. "A consumer shopping for a new car, for example, may find a lot more deals and incentives than when times are good."

      Oil prices

      There's also the matter of gasoline prices, which have spiked again as crude oil briefly hit the $100 a barrel mark early in 2008. In past U.S. recessions, oil prices have tended to fall. But will that hold true this time, when economies in China and India keep world oil demand soaring?

      "That is the $20 a barrel question," Naroff said. "China, for example, is so dependent on the U.S. consumer for its economic growth, that a recession in the U.S. is likely to have some impact on China and its oil demand. The question is, how much?"

      At moment, it may be a moot point. Naroff does not share the view the U.S. economy has already begun a recession.

      "The economy is soft and the risk of a recession is rising, but I don't think we're at that point yet," he said.

      Recession In 2008? What Does That Mean For Consumers?...

      Honda Recalls TRX 500 ATVs

      January 9, 2008
      American Honda Motor Co. is recalling about 40,000 TRX 500 ATVs.

      Water can enter the throttle position sensor and freeze, causing permanent damage if the rider forces the throttle lever. This could cause the throttle to stick open, posing a risk of injury or death to riders.

      Honda has received two reported incidents of the throttle sticking, no injuries have been reported.

      This recall involves Model Year 2007 Honda TRX 500 ATVs, also known as the Honda Foreman and Foreman Rubicon. The adult-size ATVs are designed for use by riders age 16 and older. The 2007 model year ATVs are available in red, black, blue, olive, and camouflage. The Honda name and wing logo are printed on the fuel tank and the model name is printed on the side panel just below the seat.

      The ATVs were sold by Honda ATV dealers nationwide from June 2006 through December 2007 for between $6,500 and $7,600. They were made in the United States.

      Consumers should immediately stop using these recalled ATVs and contact any Honda ATV dealer to schedule a free repair. Registered owners of the recalled ATVs have been sent direct notice.

      For additional information, consumers can contact Honda (866) 784-1870 between 8:30 a.m. and 5 p.m. PT Monday through Friday, or visit the firm's Web site at www.powersports.honda.com.

      The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

      Honda Recalls TRX 500 ATVs...

      InStep, Schwinn, Mongoose Trailer Bicycles

      January 9, 2008
      Pacific Cycle is recalling about about 7,000 InStep Pathfinder, Schwinn Run About, and Mongoose Alley Cat trailer bicycles.

      The coupler connecting the childrens trailer bike to the adults bicycle has welds that can fail, posing a fall hazard to children.

      Pacific Cycle has received one report of the coupler failing, resulting in a fall and abrasions to the rider.

      The "Pathfinder, Run About, and Alley Cat are single-wheeled, childrens bicycles that connect to an adults bicycle by a coupler. The recall includes model numbers: 12-PF250, 13-SC250, 13-SC350 and M5101. The model number is located on the lower seat tube of the frame. The affected couplers have welded plates; bicycles that have couplers with cast parts are not included in this recall.

      Not all recycle items are represented in the photos displayed.

      The items were sold at bicycle stores and retailers nationwide from January 2007 through August 2007 for between $80 and $120. They were made in China.

      Consumers should stop using the trailer bicycle immediately and contact the firm for a free repair kit.

      For additional information, contact Pacific Cycle toll-free at (877) 564-2261 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit www.instep.net,www.schwinnbikes.com, or www.mongoose.com.

      The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

      InStep, Schwinn, Mongoose Trailer Bicycles...

      FCC To Investigate Comcast For Blocking Net Traffic

      Decision could shape future of net neutrality legislation

      Federal Communications Commission chairman Kevin Martin says his agency will investigate allegations that Comcast blocks and slows access to the popular BitTorrent peer-to-peer file sharing service.

      "Sure, we're going to investigate and make sure that no consumer is going to be blocked," Martin said while speaking at the Consumer Electronics Association trade show.

      He said the FCC supports the right of consumers to gain equal access to the Internet as part of its study net neutrality but allows an exception for networks to manage their traffic in certain circumstances.

      "The question is going to arise: Are they reasonable network practices?" Martin said. "When they have reasonable network practices, they should disclose those and make those public."

      Independent investigations by the Electronic Frontier Foundation (EFF) and the Associated Press found that Comcast monitored usage of file-sharing applications such as BitTorrent, and when users tried to upload large files, Comcast would send messages blocking the communication. The messsages appeared to be from the user receiving the file.

      The findings reignited the debate over "net neutrality," the principle that all Internet traffic should be treated equally.

      The Save The Internet coalition filed a petition with the FCC urging it to take action against Comcast for violating net neutrality principles. Advocacy groups Free Press and Public Knowledge filed a complaint urging Comcast be fined $195,000 for every violation that was documented.

      Comcast has also been served with at least one customer lawsuit claiming Comcast deceived customers with marketing that promised "unfettered access to all the Internet has to offer."

      Comcast, for its part, insisted that any measures it took were part of what executive vice-president David Cohen said was "reasonable network management." "Comcast plans to work with the Commission in its desire to bring more transparency for consumers regarding broadband network management," Cohen said.

      Singled out

      Although the FCC has promised to study net neutrality issues in depth, it has largely adopted a laissez-faire attitude towards regulating or investigating cases of content blocking under Martin's chairmanship.

      Martin pushed hard to ensure the merger of AT&T and BellSouth was approved in Dec. 2006, a merger that only won support from other FCC commissioners when the telecom giant promised to support net neutrality on its networks for two years after the merger--a promise Martin said that his commission would not work hard to enforce.

      But Martin, in contrast to his normally hands-off attitude toward telecoms, has zealously pursued a regulatory agenda against cable companies, asking for everything from "a la carte" programming tiers to the end of multi-dwelling unit (MDU) contracts between cable providers, apartment complexes, and condominiums.

      FCC To Investigate Comcast For Blocking Net Traffic...

      FDA Approves Daily Cialis Dosage

      Daily dose may let men be more spontaneous

      For men with erectile dysfunction, but who want to be ready whenever opportunity presents itself, the U.S. Food and Drug Administration has approved a once-a-day dose of Cialis, the ED drug made by Eli Lilly and Company.

      The Indianapolis-based pharmaceutical firm says when Cialis for once daily use is taken daily, men can attempt sexual activity at anytime between doses.

      Currently available in parts of Europe, this low-dose daily treatment option of Cialis may be most appropriate for men with ED who anticipate sexual activity of twice a week or more, the company said. For other men, Cialis taken as needed - the previously approved dosing regimen - may be most appropriate.

      In clinical trials, when taken without restrictions on the timing of sexual activity, Cialis for once daily use improved erectile function over the course of therapy, according to Lilly.

      "ED can be a chronic condition like diabetes or high blood pressure," said Ridwan Shabsigh, M.D., Director of the Division of Urology at Maimonides Medical Center in New York. "As a urologist, I know couples like to have choices and will appreciate the availability of Cialis for once daily use."

      Cialis for use as needed came on the market in 2003 and, the company says, has proven to provide sustained efficacy for up to 36 hours. Cialis for once daily use provides a new option for men who may be looking for a dosing option that can be taken without regard to timing of sexual activity.

      Lilly's wholesale pricing for Cialis for once daily use will be comparable to Cialis for use as needed, so that patients who currently use two or more pills per week of Cialis for use as needed should not experience higher treatment costs with Cialis for once daily use.

      Lilly said the FDA's approval of Cialis for once daily use was based upon the evaluation of the comprehensive data package for the daily dosing option.

      The data include results from three phase III randomized, double-blind, placebo- controlled studies. Men with ED who participated in these clinical studies and who took tadalafil 2.5 mg and 5 mg once daily without regard to their timing of sexual activity experienced improved erectile function compared with those taking placebo.

      Cialis 5 mg, 10 mg and 20 mg have been approved in the United States for as-needed treatment of ED since November 2003.



      For men with erectile dysfunction, but who want to be ready whenever opportunity presents itself, the U.S. Food and Drug Administration has approved a once...

      First National Card: Too Good to be True?

      Skipping the fine print can get expensive

      While junk e-mail keeps us busy hitting the delete button, unsolicited advertisements and offers through old-fashioned "snail mail" can also sow the seeds of confusion.

      Not many companies do this better than a Nevada-based credit offer called First National Card.

      First National Card -- offered by both Consumer Credit Services, Inc. (CCS) and Capital Credit Alliance, Inc. (CCA) -- is one of the most confusing and complained-about credit offers anywhere.

      Both companies -- CCS and CCA -- reside in the same Las Vegas office building and offer the same products but are owned by two different people. They generate numerous consumer complaints annually to consumer protection agencies, Web sites and just about anyone else willing to listen.

      Despite the volume of complaints, both companies have largely steered clear of trouble with the law.

      CCS had a spot of legal trouble in 1998, when the Federal Trade Commission charged that CCS defrauded consumers nationwide through the deceptive telemarketing of credit cards and lines of credit for an up-front fee. The company settled the complaint by agreeing to clean up its act.

      In 2006, the New York State Consumer Protection Board warned consumers to read the fine print in the CCS and CCA marketing offers.

      What it is

      So what exactly is First National Card? Most consumers assume it's a credit card, which is hardly surprising since that's what it looks like.

      Most of the offers that come in the mail begin with, URGENT-APPROVED, Your Card Has Arrived Call Immediately To Activate This Card. It goes on to say that youre approved for a $6500.00 credit limit.

      Many consumers stop reading at the point where the offer says $6500.00 credit limit, even though there is page after page of further information.

      But keep reading and you'll find that it's not a general-purpose credit card that you can use anywhere but rather an advance-fee credit offer that can only be used to order items from a catalog provided by CCA/CCS.

      Youll also see that if you activate by phone, you must provide banking information and youll have an 8 to 14-day "trial period" before your bank account is hit for $199.99.

      Additionally, activating by phone will enroll you in a 30-day trial of two great programs" that will cost $99.99 each if you dont cancel in time. Oh, and don't forget to tack on a $198.00 annual fee and a $29.99 rush processing fee.

      That adds up to $627.96 -- pretty expensive considering it gets you just about nothing of indisputable value.

      Unfortunately, many consumers -- perhaps short of cash and starved for credit -- don't read the offer carefully and have no idea how much they'll be paying upfront for something that may not help them.

      A typical complaint goes something like this: I just got this card in the mail and when I called to activate they said I needed to give them my checking account info. This is a scam!

      Other complaints say, I thought it was a credit card, or I believed this was a Visa, so Im gonna sue them!

      Unfortunately, it doesnt matter what any of us thought or believed. The only thing that matters is what the offer says. In the case of CCA, the front page says: Since your new card is not a general credit card and is authorized for CCA catalog purchases exclusively...

      Tellingly, there is no MasterCard or Visa logo anywhere in the offer.

      Credit establishment

      One of the benefits that consumers see in the First National Card offer is the phrase Credit Establishment plastered on the front of the envelope. Many people with bad credit see the offer as a way to re-establish their credit record, and then are surprised when the membership doesnt do that.

      Once again, the wording on the offer -- for those willing to dig through the verbiage -- is quite explicit: You may establish, re-establish or build your credit with CCA exclusively and this may or may not affect your credit with others.

      In other words, giving CCA your money will improve your credit with CCA. But since CCA isn't require to report your payment to the major credit reporting companies, it's not likely to have any effect on your overall credit rating.

      Offers to minors

      Another area of consumer consternation is the mailing of CCA and CCS offers to children.

      Cathy, of Cadillac, Michigan, complained that her minor child received the offer. I received a pre-approved card in my 12-year-old sons name with a $6,500 limit! The only number given is an activation number, Cathy said.

      This card was sent to my address in my daughter's name with a credit limit of $6,500.00. My daughter is an 8-year-old child! said Nancy, of Palm Bay, Florida. Apparently, information was filled out on a pop-up advertisement.

      Were sorry that minors receive these offers, said Kenitra Williams, complaint specialist for First National Card. We dont want minors to receive it because you have to be 18 to be a member. This is a consequence of using mass mailings.

      Obviously, many parents believe that federal law prohibits a minor from receiving a prescreened offer. However, according to Frank Dorman of the Federal Trade Commission, no such law exists.

      There is no prohibition against sending a prescreened offer of credit or insurance to a minor (unless, perhaps, there are any state laws to that effect), Dorman said.

      The opt-out

      Consumers are also often incensed about the opt-out provision included with every First National Card mailing. The notice says that to stop receiving prescreened credit offers from CCS and other creditors, just call 1-888-567-8688.

      This number (1-888-5-OPTOUT) is supposed to stop unsolicited prescreened offers, either for five years or permanently. Nevertheless, as Tracye of Long Beach, California found out, the number does not always work.

      I received an unsolicited credit card in the mail today for $6,500 worth of catalog credit with this company (CCS). This is strange especially since I am on a 5-year opt-out of unsolicited credit offers...

      Why would Tracye still receive offers from CCS?

      What Tracye didnt know is that 1-888-567-8688 is specifically tied to the consumer credit reporting companies: Equifax, Experian, Innovis and TransUnion. If CCS received your name and address from one of these companies, calling the opt-out number will indeed stop future offers.

      However, if CCS gathered your information from someone other than the credit reporting companies, calling 1-888-567-8688 will not stop future CCS offers.

      CCS says that if your approval number starts with anything other than 7, 8 or 9, your information was not gained from a credit reporting agency list. Therefore, calling 1-888-567-8688 wont help.

      For CCS or any other company that received your information from someone other than the major credit reporting bureaus, the only way to stop future offers is to opt-out directly with the company. You can opt-out directly with CCS at 888-884-0017 and with CCA at 888-877-1267.

      Is it a scam?

      We have over 160 complaints against these companies, said Commissioner James Campos of the Nevada State Consumer Affairs. Beyond saying that, I have no comment.

      Nicole Moon, spokesperson for the Nevada Attorney General, said, We cant comment about ongoing investigations, but will say that we take each complaint very seriously.

      While CCS and CCA may well be operating within legal boundaries, the dense wording and baffling legalese of the offer are the very definition of confusing. Companies know that when a consumer is confused, they're more likely to make mistakes.

      Throw in the fact that CCS doesnt have a website and you have the perfect recipe for mass confusion.

      However, not everyone falls into the trap.

      Like so many others, I immediately got online and saw nothing but complaints, so you think youve almost been had, Daniel of Westerly, Rhode Island said. Only later did I actually read the paperwork and realized this was just a junk-mail catalog shopping card, and I should have just tossed it out in the first place.

      More Scam Alerts ...

      First National Card, offered by both Consumer Credit Services, Inc. and Capital Credit Alliance, Inc, is one of the most confusing and complained-about cre...

      Cat's Death Blamed on Contaminated Food

      Disputed lab tests found acetaminophen in Menu Foods' Special Kitty

      Jessica the cat has died.

      ConsumerAffairs.com has -- over the past several months -- told you about this Rhode Island feline who waged a medical comeback last year after eating Special Kitty food that a private laboratory said contained acetaminophen.

      Jessica's owners made the difficult decision on December 26 to euthanize their beloved feline.

      "She started having her lungs fill with fluid," said owner Carol V. "She couldn't tolerate the thyroid medicine as it put her back in renal failure. ... After fighting 10 months to keep her alive, it is so hard to let her go."

      As we reported earlier, 15-year-old Jessica nearly died last year after eating Special Kitty cat food made by Menu Foods of Canada.

      Carol's second cat, Smudge, also became seriously ill after eating the tainted food.

      "To say the food made them sick is an understatement," she said. "It nearly killed them."

      Carol purchased the cat food last February one month before Menu Foods recalled more than 60 million containers of contaminated pet food. The recall included the flavors of Special Kitty food that Jessica and Smudge ate.

      The Food and Drug Administration (FDA) discovered the wheat gluten and rice protein concentrate imported from China -- and used to make the food -- contained the chemicals melamine and cyanuric acid.

      Melamine is used to make plastic. Cyanuric acid is used to chlorinate pools. Neither is allowed in pet food.

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

      Veterinarians now blame those deaths on the combination of melamine and cyanuric acid in the pet food. They said those chemicals can combine and form crystals in the animals' bodies. And the crystals can impair the animals' kidney function.

      "Either one of those chemicals alone wouldn't cause these (deaths)," said Dr. Barbara Powers, immediate past president of the American Association of Veterinary Laboratory Diagnosticians (AAVLD) and director of Colorado State University's Veterinary Diagnostic Laboratory. "It has to be the combination of the two . . . it's not melamine alone."

      No cyanuric acid

      But laboratory tests on the Special Kitty food Carol fed her cats did not detect cyanuric acid.

      Tests conducted by ExperTox Analytical Laboratories discovered melamine and the pain killer acetaminophen in the food.

      ExperTox discovered the toxins in a composite of three flavors of Special Kitty food: Special Kitty with beef and gravy, Special Kitty mixed grill in gravy, and Special Kitty with turkey & giblets in gravy.

      Menu Foods disputed ExperTox's findings and referred to its results as a "recycled claim" of acetaminophen in its pet food.

      But after our story about ExperTox's findings on Carol's cat food, the company agreed to test samples of Special Kitty specifically for the pain killer.

      Menu hired the California Health and Food Safety Laboratory at the University of California Davis to conduct those test. It then claimed no acetaminophen was found. "...recent tests by UC Davis found no traces of acetaminophen," the company wrote.

      Menu Foods, however, did not release copies of the lab's findings. "Menu Foods has provided a summary of the findings on its website," the company told us.

      Right samples?

      But how did Menu Foods, which did not contact Carol about her lab results, know which samples of Special Kitty to test?

      "The California Animal Health and Food Safety Laboratory at the University of California Davis ("UC Davis") tested products with date and time codes in close proximity to those identified in the ExperTox (report) - ensuring the products tested by UC Davis were manufactured and filled from the same ingredient sources as those identified in the ExperTox report," the company said.

      "The ExperTox analysis was a composite of three different products manufactured on three different days. UC Davis' analysis was conducted on the individual products of the ExperTox composite analysis."

      Menu Foods added: "Acetaminophen was non-detectable in all three samples."

      Carol, however, isn't swayed by Menu's test results.

      "I don't trust them and I think they're hiding something," she said.

      She's convinced the acetaminophen ExperTox found in her Special Kitty food played a role in her cats' illnesses and in Jessica's death.

      "That company poisoned my animals and they have the gall to refer to my lab results as a 'recycled claim,'" she told us. "That's a slap in the face. This company made money off my animals for years and now they've poisoned my pets. How dare they belittle them ... it's so insulting."

      Toxic to cats

      Veterinarians say acetaminophen can be toxic to cats. Carol agrees and says her cats are proof of the pain killer's damaging effects on felines.

      "Finding the acetaminophen in there makes perfect sense after seeing what they've gone through," the veteran X-ray technician told us. "I really thought both of them were going to die."

      The first signs of problems surfaced last February when Carol detected a strange odor on Jessica's breath.

      "It smelled uremic, like a kidney dialysis patient," Carol recalled. "We also noticed that Jessica was outside drinking water from a melting puddle. I remember commenting that we'd never seen either cat drink before. But Jessica was so desperate for water that she was drinking from a puddle outside.

      "And then we noticed that she couldn't stand on her own."

      Carol rushed the cat to the family's veterinarian. "He did a urinalysis and discovered her kidneys were failing," Carol said. "We thought we would have to euthanize her.

      "But our vet said that because Jessica she'd seemed fine the day before, he wanted to presume this was something he could treat."

      For the next few days, Jessica received fluids, potassium supplements, the heartburn medicine Pepcid AC, and an antibiotic.

      "We decided that if this didn't workif she was sufferingwe wouldn't continue with the treatment," Carol said. But Jessica's condition slowly improved.

      "Her back legs were getting stronger and she seemed to be getting better. So we continued giving her more fluids and sticking with this same treatment program."

      Carol's vet also emphasized the importance of getting Jessica to eat.

      "So I tried to force-feed her the Special Kitty food," Carol said, adding this occurred a few weeks before Menu Foods announced its recall. "Jessica refused. I even poured tuna fish oil on the Special Kitty food to entice her to eat, but she walked away."

      Smudge, however, continued to gobble up the Special Kitty food.

      And on March 12, 2007, -- four days before Menu Foods announced its recall Smudge suddenly became seriously ill.

      "She could hardly stand up, she was staggering, and her breath smelled foul," Carol said of her Calico cat. "I thought that she had whatever Jessica hadthat maybe it was a virus."

      But Carol's vet discovered another -- much more serious -- problem. Smudge was in renal failure.

      "He said she was much worse than Jessica was and he didn't think that she'd last through the day," Carol said. "He said it looked like she'd gotten into some antifreeze. But he did a test and that proved it wasn't antifreeze poisoning."

      The family took aggressive measures to save the 13-year-old cat. They authorized their vet to follow the same protocol he used to treat Jessica. Slowly, Smudge started to improve.

      "Our vet said he didn't know what was going on with Smudge," Carol said. "He was baffled. And I think I asked him if it could be something we were feeding the cats."

      Suspicions confirmed

      Carol's suspicious were confirmed a few days later.

      "I was watching the news and heard about Menu Foods' recall and that the food was causing renal failure in pets."

      Carol said she immediately contacted Menu Foods, but the company didn't respond.

      "All Menu Foods was publicly telling pet owners to do was save their receipts. But this wasn't about money. It was about saving our pets and nothing was happening."

      Carol also contacted the FDA -- several times.

      "I offered to give the FDA my cats' food, but they said they didn't want it," said Carol, who still has several unopened pouches of Special Kitty food in her freezer. "I told them I have the food that's on the recall list and I also have two really sick cats. I begged and pleaded them to test my food, but they didn't want it."

      Carol contacted the FDA again -- after receiving ExperTox's results on the Special Kitty food.

      FDA officials, she said, initially seemed interested. But they have not contacted her in months and never asked her to send any samples of her Special Kitty food for testing.

      "This whole experience has been so frustrating. It's like being on a merry-go-round and I keep going to back to square one. And all I really wanted was for someone to test my cats' food."

      New organization

      A new organization called The Pet Food Products Safety Alliance answered Carol's plea.

      That organization -- created to raise public awareness of pet food safety issues -- paid ExperTox to test Carol's cat food.

      The lab's results added to the growing list of pet foods that have recently tested positive for acetaminophen, including:

      • About a half-dozen samples of pet food tested last May. ExperTox did not disclose the brands of those foods because of a confidentiality agreement. But cat owner Don Earl confirmed that two of those samples were Menu Foods' Pet Pride "Turkey and Giblets Dinner" and Pet Pride "Mixed Grill he sent to the lab for analysis after his cat died. Menu Foods and the FDA disputed ExperTox's findings. But ConsumerAffairs.com learned that federal agency could not confirm it tested the same lots and brands in which ExperTox detected the pain medication;

      • A sample of pet food -- identified as CANIDAE dog food. ExperTox, however, said the sample arrived in a Ziploc bag and it could not confirm the pet food was a CANIDAE product. The lab's customer, who was not identified because of a confidentiality agreement, listed the sample as CANIDAE pet food on ExperTox's forms. CANIDAE denied its products contain acetaminophen, but said it would test samples of its food for the painkiller.

      Carol said ExperTox's findings on her Special Kitty food demand further investigation.

      "I know some people have criticized ExperTox, but I trust them. I know how hard it is for a lab to stay accredited. I don't think the FDA can continue to turn its head on acetaminophen."

      An FDA spokeswoman, however, said the agency "does not comment on pending legislation, litigation, or citizen petitions."

      Menu Foods said it cannot contact Carol because of a federal court order issued last May.

      "This court order prohibits Menu Foods from contacting the consumer regarding the pet food she had tested and the test results she obtained, UC Davis' test results, any pet food in her possession, and any other information related to her claim," the company wrote.

      Menu Foods did not say what court had issued the order. Carol said she has not filed a claim -- or taken any legal action -- against the pet food maker.

      In the meantime, she isn't giving up her search for answers to her cats' illnesses -- and Jessica's death.

      Carol recently sent samples of the Special Kitty food to another laboratory for analysis specifically for acetaminophen.

      While she waits for those results, she continues to nurse her other cat, Smudge, back to health.

      "Smudge just started eating on her own at the end of June," Carol said. "We were feeding her in a syringe for months. We were determined that if she survived this in the beginning, she had a right to make a full recovery.

      "I don't want something like this to happen again," she added. "The FDA cannot dismiss this as they have with all the other tests (that detected) acetaminophen."

      More about pets ...


      Cat's Death Blamed on Contaminated Food...

      The End of the World: Louisiana is Disappearing

      By Joshua Clark
      ConsumerAffairs.com


      Cordellville, Louisiana lies at the exact point Hurricane Katrina made landfall. Its now my favorite vacation spot in the world.

      Cordellvilles only buildings are a small ring of FEMA trailers connected by Chuck Bulots patio. He built the patio with the few bricks Katrina left of the house he was born in. Its just two hours below my hometown of New Orleans. And life here is good.

      Cordellville, La.

      Hey, if I was doing any better, I wouldnt be able to stand it. Thats Chucks common refrain when I ask how hes doing.

      Hes not being sarcastic. Like last Christmas. I can still picture his grin while hes cleaning a 40-pound catfish half as long as himself as the moon rises red out of the Mississippi River across the street.

      The citizens of Cordellville are gathering around him for dinner on his patio. Each brings their own offering from their land and water oysters, crabs, redfish, speckled trout, a wild boar, and a nutria, a kind of giant swamp rat.

      Mike, one of Cordellvilles original inhabitants, cuts out the glands from the skinned nutrias hind legs and stuffs the muscles with finely chopped green and red peppers.


      Mike

      I broke two ribs in the storm, but I been laughing so hard this last year they cant heal, he says, before sending me into his FEMA trailer to find some cayenne pepper. Spices are all that line his shelves and drawers and all the other spaces where the clutter of his life might have once been.

      Like the others, his trailers parked on a concrete slab, what was once the foundation of his house. Beneath his trailer his Rat Terrier, Lil Bit, curls up on the foundation where its favorite couch once was. Above Mikes door a wooden sign proudly declares HOME.

      Inside, theres a pot of gumbo simmering on one side of his mattress, oyster stew on the other. Dont you touch those! They only been cooking two days, he cautions me from outside, where laughter fills a landscape which Katrina once emptied of even a shadow.

      Laughter among the ruins

      For over two years now Ive been coming down here, and for over two years this laughter has been a source of great frustration to me. I keep thinking itll stop. But it just wont.

      You see, my own neighborhood in New Orleans survived the storm relatively well. So I started driving down here soon after the hurricane for the first time, for a day or two every month, loaded with survivors guilt, in order to suffer with these neighbors of mine.

      But they have made that impossible. They refuse to suffer.

      Cordellville is not on a map. It is a new community, and more than that, a frame of mind. You see, down there, towns dont really exist anymore.

      The name comes from the Cordell furniture store, north of New Orleans, whose corny commercials, starring an Elvis impersonator, repeated constantly after the storm, letting everyone know that the stores inventory was undamaged. And so Cordellville was named after a faraway place where everything is okay.

      It lies within Plaquemines Parish, a region known as The End of the World, because it contains the last 100 miles of the Mississippi River.

      Louisiana's disappearing wetlands

      Now only a thin tale of land between the Mississippi and the Gulf of Mexico, Plaquemines, with Cordellville at its center, is the fastest disappearing landmass on Earth. And it is because of this that so many died in my own city of New Orleans.

      Disappearing land

      You gotta understand, Louisianas coast is unlike any other. It has almost no beaches. Its an intricate network of freshwater swamp, marsh and brackish bayous, a unique ecosystem married to a unique culture. In my short time on this planet, having lived and traveled in four continents, I have never met a kinder people. But their culture, with their land, is needlessly vanishing.

      Just 130 miles west of Cordellville, the Atchafalaya River is actually building land. Here, a river diversion canal rushes freshwater and sediment into the marsh. Cypress and oak trees hold their line flush with the Gulfs saltwater. Even in winter it rages green and nearly impenetrable.

      The ground is so firm, people have recently begun hunting in tennis shoes rather than duck boots. Each time I fly over it in a tiny airplane with whatever pilot I can coax into taking me, he shakes his head beside me because this land doesnt even appear on the planes navigation system.

      But just a dozen miles to the east, the opposite is true.

      Where there used to be farm land there are now only patches of marsh like torn scraps of cloth, the occasional row of dead cypress trees like skeleton hands reaches up toward us in the sky, a reminder of the saltwater intrusion which has decimated the swamps so swiftly nothing can adapt, and no mapping company can keep up.

      Over the next two hours, as I fly east toward Cordellville, it only gets worse as the few shards of remaining land marble into open water. Until all of a sudden nothing. We are over Plaquemines Parish, Cordellville a faint collection of trailers, size of a matchs flame on the dimming land. And I wonder what Chucks cooking up tonight.

      The Ghost of Louisiana

      Just as Cordellville was Ground Zero for Katrina, so too it is for coastal erosion.

      Tonight, up in the air, the setting sun rages crimson, the horizon circling me rimmed with pink, stars burning overhead, the water lit like mercury, the dark sliver of land shining endless debris back at us, such a confluence of natures beauty and mans destruction I have never seen.

      And then, as I look very closely, shivers run up my spine. There are stakes sticking out of the water beneath us. Tens of thousands of them, miles from land.

      We take the plane down low and I realize that sure enough they outline what was once land, perhaps stuck there at some intermittent point when it would just barely submerge below high tide.

      The ghost of Louisiana

      Ive never seen a ghost before. But there it is, the ghost of Louisiana, all this water shining silver beneath the dying day. And through it, just ahead, reaches the end of the worlds most powerful river, all its force constrained within its levees, the worlds largest human creations, as it dumps the sediment of the entire American valley uselessly off the continental shelf into the Gulf.

      Drained from 31 states and Canada, this sediment once made southern Louisiana. From the Montana Rockies to the Appalachians, the Dakota plains down through the Ozarks, the deserts of New Mexico to the hills of upstate New York, we live on tiny pieces of every landscape in America.

      But now, with levees blocking the addition of new sediment, we sink.

      And then the knockout punch: Tens of thousands of miles of channels dug for oil pipelines and navigation crisscross the marshes well past the horizon, funneling saltwater into them, decimating them.

      As I saw with the Atchafalaya River, the good news is we can build land through river diversion projects. And dredging and depositing sand can restore Louisianas crucial barrier islands. The science and the engineering is here, now. But the policy is not.

      If some other country annexed Rhode Island, I, for one, would be pissed. Well, Louisianas already lost more land than that.

      Since 1928, almost one third over 2,000 square miles of Louisianas coast has eroded, fallen into the Gulf of Mexico. And were still losing one football field of land every 15 minutes. Up to 35 square miles every year, the size of one and a half Manhattans.

      Ive spent much of the last two years crawling through Katrinas landscape mangled, mud-crusted and mold-filled homes, slabs of concrete, weeds over my head where there used to be yards, the splintered viscera of everyday existence that most people outside Louisiana take for granted asking myself Why? Why?

      Why When arguably not one levee would have failed after Katrina if the wetlands had been there. Storms feed off water. Wetlands slash their surge and gut their energy.

      An inconvenient choice

      The choice is simple. We can all cough up another $200+ billion after the next hurricane. Or we can protect our countrys interests, and citizens, by rebuilding its wetlands for a fraction of that.

      But lets face it, most of the country is thousands of miles from Cordellville, so why should they give a damn? And reading these words on your PC is fine and dandy, but how can we actually show the wetlands to you?

      Well, theyre right in front of your face. (In fact, they may be on your face since our pogie fish are the oil base for cosmetics.)

      The seafood you eat doesnt appear at your grocery and favorite restaurant by magic. Its caught in our marshes. The things you buy dont appear in stores by magic. They come through our port. The petroleum in your car doesnt get to the pump by magic. Nor does the natural gas that heats your home. It is drained from our soil.

      And the same thing protecting Americas oil, gas, seafood and the worlds largest port, is the same thing that should protect Cordellville and New Orleans from hurricanes. Wetlands. Make no mistake, their erosion is a dire national security crisis.

      Crawfish with FEMA filtered water

      Feds take the money

      Southern Louisiana boasts 28% of the entire US fisheries annual catch, 20% of all domestic oil production, 25% of natural gas, and 88% of our offshore oil and gas. But unlike tax revenues from land-based drilling, most revenues from offshore drilling are not yet allocated to states.

      So while our coast supplies the rest of the country with immense federal tax revenues, our ecosystem and homes face obliteration as a consequence.

      Six countries flags have flown over southern Louisiana and it might be argued that those countries have always used us more than we used them. But if America wants to continue doing so, we need our wetlands. And we can have them. For Heavens sake, if we can send a spaceship to Pluto, we should be able to stop destroying our wetlands.

      Katrina Fatigue

      Residents in Cordellville have all endured previous hurricanes, but with Louisianas diminished wetlands unable to abate Katrinas fury Well, lets just say that Loretta was one of the lucky ones.

      She found her house in one piece, more or less, two months after the storm. Only problem was that it now lay smack dab in the middle of Cordellvilles only road. She stood beside it and told me, Well, I suppose we oughtta make it a drive-thru daiquiri stand. That way we can service both northbound and southbound cars.

      Feeling forgotten by the press and the president alike, Cordellvilles citizens make due with the only band-aid they have: laughter. Theyve seen the alternative.

      Theres this thing they getting in the rest of the country they calling Katrina fatigue, Chuck tells me as he watches us devour the catfish he sauted in garlic and butter, garnished with the okra and tomatoes he grows. Well, we tired of it too. My daddy got so tired of it he caught himself a heart attack and died last month. Thats why that trailer is empty. You welcome to sleep in it tonight.

      He knows 23 other people who have died since the storm too.

      Its the older people, they cant handle this. After their whole lives, theres suddenly nothing left on this world for them, he says. The rest of us, were happy as newborn babies, because we got the same as they do.

      With the Mississippi across the street and the Gulf flush with their backyard, they have no choice but to live every day like its their last. In fact, thats Cordellvilles motto: Live every day like its your last and we guarantee youll die a happy man.

      That night, after I cant eat any more, and its clear that yet again theyre simply not going to let me suffer appropriately, I walk into Chucks fathers old trailer and squeeze onto the one empty bunk there, not quite big enough for a grown man, lamenting tomorrows drive back to the city, a faraway place where there are buildings older than two years.

      I know, as always, I will wake continually though the night, the bottoms of my feet aching from pushing against the wall in my sleep, trying futilely to straighten my body out. But Im getting used to it. Because without immediate wetlands restoration, these trailers, asbestos and all, are coming to my own neighborhood.

      I listen to the other three men in the bunks around me, who have become like family now, as they giggle like children who dont want to go to sleep yet.

      And for the first time, I give up. I laugh with them.

      And sitting here writing these words, I honestly cant even remember what it was about, which of their endless jokes theyd just told. But I do remember the sudden silence when they heard me laughing so hard I began crying, proud to be part of this stubborn colony at the end of the world.

      ---

      Joshua Clark, president of Light of New Orleans Publishing LLC, is the author of Heart Like Water: Surviving Katrina and Life in its Disaster Zone.

      Photos by Ride Hamilton. Photos © copyright 2008 Ride Hamilton All Rights Reserved



      The End of the World: Louisiana's Wetlands are Disappearing...

      Diamond Pet Foods Agrees To $3.1 Million Settlement

      Consumers whose dogs were injured may be eligible for compensation


      Missouri-based Diamond Pet Foods, which makes Nutra Nuggets and other popular dog and cat foods, has agreed to pay $3.1 million to settle a class action suit stemming from tainted pet food.

      The money will go into a settlement fund to pay consumers who purchased recalled Diamond Pet Food products, and will compensate dog owners whose dogs were injured as a result of eating recalled Diamond Pet Food products.

      In December 2005, Diamond Pet Foods issued a recall on some of its dog food products after finding aflatoxin, a mold, in samples of food made in its Gaston, South Carolina, plant. The lawsuit alleges that many consumers have not received a refund for the recalled food.

      Consumers may be able to receive compensation if they can show that the recalled food they purchased was not returned for a refund. Consumers will also be entitled to payment for any veterinary expenses that were incurred as a result of their dog being injured after eating the contaminated pet food.

      States included

      People who reside in a number of states and purchased recalled Diamond Brand or Country Value Brand Pet Food products in 2005, and did not return the food for a refund are included in the settlement announced today. The states are:

      Alabama, Delaware, District of Columbia, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia.

      What to do

      If you believe that you are entitled to receive compensation, you need to submit a valid claim. To obtain a copy of the complete notice and a claim form, call 1-800-960-6651 or go to www.RecalledPetFoodSettlement.com.

      The announcement was made by attorney Jim Andrew, of the firm O'Neil, Parker & Williamson, who said that consumers may also be part of the settlement class if their dog was injured, or they incurred any veterinary bills as a result of their dog being injured from eating Diamond Brand Dog Food.

      Diamond denies any wrongdoing and contends that they have not violated any laws. The court has not made any decisions regarding the facts of the case, however a settlement has been reached to resolve the issues and avoid costly time-consuming litigation, Andrews said.

      Melamine

      The class action grew out of a 2005 recall and is unrelated to the wave of dog and cat poisonings that swept the country last year.

      Nutra Nuggets tested positive for melamine and caused kidney problems in at least four dogs in California, ConsumerAffairs.com reported last May.

      Melamine is a chemical used to make plastics and fertilizers. It is not approved for use in human or pet food.

      The FDA, however, discovered melamine and melamine-related compounds in the wheat gluten and rice protein concentrate imported from China used to make many brands of pet food.

      That finding triggered one of the largest pet food recalls in U.S. history. Since March, 18 companies have recalled more than 5,600 pet food products.

      Thousands of dogs and cats that have eaten tainted foods have suffered kidney problems or died.

      Diamond Pet Foods Agrees To $3.1 Million Settlement...

      Antibiotic Leads to Tendon Ruptures

      Public Citizen sues FDA seeking faster action

      Despite long-standing evidence that fluoroquinolone antibiotics can cause tendon ruptures, the Food and Drug Administration (FDA) has failed to increase its warnings to patients and physicians about the dangers of the medicines, Public Citizen told a federal court today.

      Public Citizen sued in the U.S. District Court for the District of Columbia, asking the court to force the FDA to act upon a petition the consumer group filed with the agency 16 months ago.

      The FDA has failed to respond to the petition, which asked the agency to put a black box warning on fluoroquinolone antibiotics (such as Cipro, Levaquin and others) to make doctors and patients more aware of the risk of serious tendon injury before tendons actually rupture.

      The petition also urged the FDA to send a warning letter to physicians, as well as require an FDA-approved medication guide to be dispensed when prescriptions are filled.

      Public Citizen contends that the FDA is violating the Administrative Procedure Act by not acting upon the petition.

      Stronger warnings could lead to earlier intervention and prevent needless injuries by allowing doctors to switch patients to other antibiotics, said Dr. Sidney Wolfe, director of Public Citizens Health Research Group.

      While the FDA sits idly by and ignores the problem, more people will suffer serious tendon ruptures that could have been prevented, Wolfe said.

      The current warning is buried in a long list of possible adverse reactions and is far too easy to miss.

      Injuries reported

      From November 1997 through December 2005, the FDA received 262 reports of tendon ruptures, mainly of the Achilles tendon, 258 cases of tendinitis and 274 cases of other tendon disorders in patients using fluoroquinolone antibiotics.

      An additional 74 tendon ruptures have subsequently been reported to the FDA for a total of 336. Because only a small fraction of cases are typically reported to the FDA, the actual number of ruptures and other tendon injuries attributable to the antibiotic is much higher.



      Antibiotic Leads to Tendon Ruptures...