Current Events in October 2008

The positive or negative impact of video games on children can usually be counted on to spark a lively debate, but it's not just kids who are playing games and in some cases causing mental health experts to worry.

Researchers and educators at The University of Texas Health Science Center at Houston are examining the virtual world of an online game called Second Life, for both its addictive and educational potential.

In Second Life, created by Linden Lab in 2003, users are able to create an image called an "avatar" by right-clicking and selecting everything from hair color to chin length to muscle tone. The basic level of membership is free and includes training for the avatar to learn how to walk, talk and fly.

This virtual world is populated by islands, created and inhabited by avatars of other users. Clothes, houses and furniture, even body parts, can be purchased using Linden dollars, which can be bought with real money. Avatars can also "marry" other avatars.

Cindy Burkhardt Freeman, assistant professor of clinical nursing at the UT Health Science Center at Houston School of Nursing, has written about massively multiplayer online role playing games (MMORPG) and virtual worlds such as Second Life. She said users should proceed with caution.

"Patients started coming in affected by it," said Freeman, who sees patients in her private practice in The Woodlands. "They didn't come in for thatno one came in for that problembut it would come out in talking."

In her article for the January 2008 issue of The Journal of Nurse Practitioners, Freeman said one of her patients was suffering from depression brought on in part by his wife's addiction to Second Life.

"She was carrying on an affair with a guy on another continent through the game," Freeman said. "It ruined the family. She just got sucked into it. She was away from her family even if she was in the house."

Freeman's story, "Internet Gaming Addiction," was later named No. 1 on the list of the journal's "Top 25 Hottest Articles."

"Work, relationships, responsibilities, and even personal health and hygiene may be neglected by persons who are unable to control the amount of time spent in on-line activities," Freeman wrote. "They may get restless or irritable if they are unable to play. They may sacrifice time from family, friends and work. They may spend increasing amounts of time playing and may totally lose track of the time."

According to a 2006 Stanford study led by Nick Yee, Ph.D., 39 percent of male players and 53 percent of female players said the quality of friendships with their online friends was comparable or better than their real-life friends.

"You can become someone totally different from who you are. If you don't like yourself, you can change that," Freeman said.

The American Medical Association has called for more research on gaming and addictive behaviors. Directives ordered at the 2007 AMA annual meeting included encouraging organizations such as the Centers for Disease Control and Prevention, the National Science Foundation and the National Institutes of Health to fund quality research on the long-term effects of video games.

"This is something that is just coming to be recognized as a problem," Freeman said.

But universities, Fortune 500 companies and nonprofit organizations see a totally different side of Second Life. They are so committed to the virtual world and its possibilities that they have purchased property (with real money) and created buildings.

Cynthia Phelps, Ph.D., assistant professor of Health Informatics at The School of Health Information Sciences at the UT Health Science Center at Houston, studies Second Life as part of her class on "Emerging Technologies for Teaching, Learning and Research." The class is taught in Second Life.

"We're looking at how you can use Second Life for education," Phelps said. "If you needed to teach a class to people in different parts of the world, you could teach it in Second Life, where everyone can show up."

Phelps said the ability to create things in the 3-D space is one of its attractions. On a recent day, her avatar was checking out the Palomar Pomerado West Health campus on Second Life, a virtual copy of the real-life center that will open in 2011 in San Diego.

Second Life can host educational meetings where instructors from around the world come together; virtual emergency rooms where nursing school students can train and retreats for people with disabilities, among many other opportunities.

Mental health experts, meanwhile, will likely continue their debate over whether online gaming's potential for addiction outweigh its positive benefits.

Fructose, often made from corn syrup, has become a favorite food industry sweetener for processed foods because it is cheaper than sugar.

Although previous studies have shown that being leptin resistant can lead to rapid weight gain on a high-fat, high-caloric diet, this is the first study to show that leptin resistance can develop as a result of high fructose consumption. The study also showed for the first time that leptin resistance can develop silently, that is, with little indication that it is happening.

The study, "Fructose-induced leptin resistance exacerbates weight gain in response to subsequent high-fat feeding," was carried out by Alexandra Shapiro, Wei Mu, Carlos Roncal, Kit-Yan Cheng, Richard J. Johnson and Philip J. Scarpace, all at the University of Florida College of Medicine in Gainesville. The study appears in the American Journal of Physiology--Regulatory, Integrative and Comparative Physiology, published by The American Physiological Society. The study suggests fructose can promote weight gain beyond its coloric content. If it can change the function of a regulator like leptin, then other high calorie foods may have greater impact of weight gain than they would otherwise.

Leptin is a hormone that plays a role in helping the body to balance food intake with energy expenditure. When leptin isn't working--that is, when the body no longer responds to the leptin it produces--it's called leptin resistance. Leptin resistance is associated with weight gain and obesity in the face of a high-fat, high-calorie diet.

Obesity has been a growing problem in the U.S. and in other parts of the world and fructose has been suspected of playing a role. Fructose is the sugar found in fruit, but it's not the normal consumption of fruit that is the problem. Table sugar and high-fructose corn syrup are about 50% fructose and these ingredients have become increasingly common in many foods and beverages. With sugar and high-fructose corn syrup being added to many foods, people now eat much more fructose than ever before.

The University of Florida researchers hypothesized that a high-fructose diet could lead to leptin resistance, which in turn could lead to exacerbated weight gain in the face of a high-fat, high-calorie diet, a typical diet in industrialized countries. To test their hypothesis, the research team performed a study with two groups of rats. They fed both groups the same diet, with one important exception: one group consumed a lot of fructose while the other received no fructose.

During these six months, there were no differences in food intake, body weight, and body fat between rats on the high-fructose and the rats on the fructose-free diets. In addition, there was no difference between the two groups in the levels of leptin, glucose, cholesterol or insulin found in their blood. There was only one difference at the end of the six months: The rats on the high-fructose diet had higher levels of triglycerides in their blood.

The researchers next tested the animals to see if they were leptin resistant. They injected all the animals with leptin, to see if they would respond by eating less. Animals whose leptin response is functioning normally will lower their food intake. The researchers discovered that the rats on the high-fructose diet were leptin resistant, that is, they did not lower their food intake when given leptin. The no-fructose animals responded normally to leptin by eating less.

This first six months of the study showed that leptin resistance can develop silently. "Usually, leptin resistance is associated with obesity, but in this case, leptin resistance developed without obesity," Shapiro said. "This was very surprising."

Having seen that leptin resistance could develop silently, the researchers next wanted to find out what would happen if they switched the rats to a high-fat, high-calorie diet -- the kind many Americans eat. They found that the animals exposed to the high-fructose diet, the leptin resistant rats, ate more and gained much more weight and fat than the leptin responsive animals on the fructose-free diet. All told, this study showed that leptin resistance can:

• develop by eating a lot of fructose

• develop silently, that is, with very little indication it is happening

• result in weight gain when paired with a high fat, calorie dense diet

Scarpace said the study suggests it is the interaction between consumption of large amounts of fructose-containing foods and eating a high-fat, high-calorie diet that produces the weight gain. "This study may explain how the global increase in fructose consumption is related to the current obesity epidemic," Shapiro said.

Other studies have shown that elevated triglycerides impair the transport of leptin across the blood brain barrier. The researchers hypothesize that the elevation in triglycerides produced by fructose prevented leptin from reaching the brain. If leptin does not reach the brain, the brain will not send out the signal to stop eating.

"The presence of high fructose alters the way leptin works, fooling the brain so that it ignores leptin," Scarpace said. Consumers should be cautious about what they eat, checking labels to see how much sugar the items contain, Shapiro said.

The researchers hope to perform future studies to find out if leptin resistance can be reversed by removing or reducing the fructose content of the diet.

In the first recall, about 150,000 2001 Elantras are being recalled to fix a problem with the front airbag sensor. The company said that if liquid is spilled in the cupholder on the central console, it could drip onto the airbag control module. As a result, airbags might not deploy during an accident.

Dealers will add a protective cover to correct the problem.

In the second recall, 2001-2002 Elantras are being recalled because of a potential problem with the side impact airbag wiring harness mounted under each front seat. Material placed under the front seats could cause the wiring harness to malfunction, which in turn could prevent the airbags from deploying during a crash.

Dealers will install new harness attachments and connector clips.

For more information, customers can contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 or go to www.safercar.gov.

This is a topic that is unusual for The Healthy Geezer. It's not about a senior health issue, but it does affect seniors. Many of us are grandparents who worry about the drug culture of our grandchildren. We also wonder if there's anything we can do to prevent kids from getting into a drug habit. Well, the first step we can take is to educate ourselves. That's what this column is about.

Cocaine, the strongest natural stimulant, is an addictive drug; you can be hooked with a single use. It causes a short-lived high that is immediately followed by depression, edginess, and a craving for more of the drug. Cocaine interferes with the way your brain creates feelings of pleasure, so you need more of the drug to feel normal.

Cocaine is extracted from the leaves of the coca plant. It is a drug that comes in the form of a white powder that is snorted. It can be converted to a liquid form for injection. Crack is cocaine processed into a crystal form for smoking. Crack, also called "rock," looks like small chunks of soap.

Cocaine, in any form, is illegal. It is the most frequently mentioned illicit substance reported to the Drug Abuse Warning Network by hospital emergency departments throughout the nation.

Cocaine is lethal. It can cause strokes, heart attacks and respiratory failure. In addition, it can cause irregular heartbeat, depression, violent actions, and loss of sexual function.

According to the Office of National Drug Control Policy, the following are the signs that someone may be addicted to cocaine:

• Periods of severe depression

• Weight loss

• Decline in personal hygiene or appearance

• Constant runny nose

• Frequent upper respiratory infections

• Changes in sleep patterns

• Loss of interest in friends, family, and social activities

• Loss of interest in food, sex, or other pleasures

• Hearing voices when nobody has spoken, or feeling paranoid

• Expressing more anger, becoming more impatient or nervous

• Hallucinations

And here are some more I collected from other sources:

• Frequently need for money

• Intense euphoria

• Bloodshot eyes

• Dilated pupils

• Hyper-alertness

• Panic

• Seizures from high doses

• The presence of any unexplained white powder

• Small spoons, mirrors, razor blades and rolled paper money used for snorting

• Small bottles with screw-top lids and small plastic packets for storing

• Increase in body temperature, respiration and pulse

• Grinding of teeth

• Obsessive touching or picking at various objects and parts of the body

• Repetitive dismantling of mechanical objects

There are many slang terms for cocaine. Here are just some: big C, blanco, blow, blast, Bolivian, Charlie, coke, Columbian, girl, heaven, happy powder, Mama Coca, mojo, nose candy, Peruvian, pimp, she, sniff, snort, snow, toot, trails, white lady, stardust.

Cocaine was first used in the 19th century in surgery as an anesthetic and to reduce bleeding; it constricts blood vessels. Safer drugs came along to replace it.

According to the 2005 National Survey on Drug Use and Health, about 33.7 million Americans over the age of 12 reported trying cocaine at least once. Among students surveyed, 3.7 percent of eighth graders, 5.2 percent of tenth graders, and 8 percent of twelfth graders reported using cocaine at least once.

Law enforcement sources indicate that one gram of cocaine powder usually sells for $100 in most cities. Crack cocaine tends to be sold in 0.1 and 0.2 gram rocks that generally sell for about $10.

In 1970, Congress classified cocaine as a Schedule II substance, which means it may lead to severe psychological or physical dependence.

For referral to treatment programs in your area, call the Alcohol and Drug Abuse Helpline and Treatment line at (800) 234-0420

All Rights Reserved © 2008 by Fred Cicetti

The financial meltdown shaking the economy from Wall Street to Main Street has dealt a staggering blow to millions of Americans nearing retirement or already in retirement.

With nest eggs already having lost an estimated $2 trillion, a growing number of would-be retirees are contemplating remaining in or returning to the workplace, employment experts say.

The good news is that older workers are finding jobs just as quickly as their younger counterparts, as companies recognize the value and effectiveness of employing experienced workers who have seen their share of downturns, according to John A. Challenger, chief executive officer of outplacement consultancy Challenger, Gray & Christmas, Inc.

"The key to job search success for these seasoned job seekers is to get back in the market as quickly as possible," said Challenger. "The longer they wait, the more competitive it will become. Unemployment is going to get worse before it gets better. Fewer jobs and more people vying for the same job means there is no time to delay."

Unlike the downturn stemming from the dot-com collapse, which seemed to have a more profound impact on the younger generation of workers who were employed and invested in these firms, the investment banking and housing collapse may affect older Americans disproportionately, due to the fact that their retirement nest eggs are concentrated in their homes, pensions, 401k plans and stock portfolios.

The value of defined-benefit pension plans has fallen by 15 percent, according to a report by the Congressional Budget Office (CBO). Account balances among 401(k) participants have shrunk between 7.2 and 11.2 percent, according to an analysis of more than 2 million plans by the Employee Benefit Research Institute. The CBO reports that Americans have seen about $2 trillion disappear from their retirement savings.

Even before the recent increase in Wall Street volatility, America's aging workers were altering their retirement plans. An April survey by AARP found that 20 percent of 55- to- 64-year-olds, and 25 percent of 45- to 54-year-olds, planned to delay retirement because of the economic downturn.

"That percentage has likely skyrocketed in recent weeks as the financial crisis reached new heights and the stock market plunged. It could take three to five years, if not longer, for retirement accounts to regain their value. This means many older workers will be putting off retiring for at least that long," said Challenger.

Challenger pointed out that staying in the workforce is not as simple as going to your human resources department to announce that you will be canceling your retirement plans. It is even more difficult for the already-retired to reenter the workplace. Challenger provided the following advice:

How Older Workers Can Find/Keep a Job

Consult Your Employer Immediately
If your employer expects you to end your service with the company soon due to retirement, she needs to know your plans have changed. Inform superiors immediately that you have decided to continue working. Your bosses may be interviewing for your replacement, if they have not found one already.

Do Not Get Identified as a Member of the Old Guard
In some cases, workers nearing retirement begin to detach from their jobs and co-workers. Sometimes a new management team or boss takes over. Being perceived as part of the old guard by the new regime could be highly damaging. In fact, not being liked by your boss could be the single most important reason people are discharged, not their lack of skills and abilities. You must get along with members of the new team. It will not continue automatically; you must consciously work at developing new relationships, even if the people in charge are younger than you.

Emphasize Commitment and Corporate Memory
When you decide to tell your employer you do not wish to retire, you will have to prove why they should keep you on. Show your commitment. Have ready multiple examples of how much company specific knowledge you possess and why it would take years for a new hire to build up that understanding of how the organization really works. Stress the wide-ranging and congenial relationships you have with people throughout the company system.

Stress Relevant Experience And Willingness To Expand.
Your employer should feel that you can continue your current position, as well as possibly taking on new tasks. It is important to convince your boss that you are highly creative and flexible and that age has nothing to do with learning new concepts and accepting new ways of doing things.

Dismantle the Myths.
Older job seekers should face the fact that they will probably be interviewing with someone who may be 10, 20 or even 30 years their junior. These individuals will have their own preconceptions or prejudices about older individuals that could taint their view of the candidate before the interview ever starts, which may include:

• Older people are sick more and take more leave.

• They are set in their ways and therefore cannot be trained.

• Younger workers and older workers will clash.

• They are only looking ahead to the day they can permanently retire.

Employers are not permitted to ask questions that pertain to age, but the questions may still exist in the mind of the interviewer.

How To Sell Yourself

Demonstrate Your Flexibility And Creativity.
You want to counteract stereotypes that suggest older workers do not have imagination. Talk to your employer about ways you can solve problems and develop ideas to make your employer more money or be more competitive.

Look and Act Young.
Everyone knows people who are 50 who look and act as if they are 65 and people who are 65 who look and act as if they are 50. Dress in currently fashionable clothes and show enthusiasm for the opportunity. Exhibit a sense of excitement and energy, traits that younger individuals do not always show.

Stay Current and Embrace Technology.
Do not appear as if the world has passed you by. When deciding to keep your position, it will be helpful if you are up-to-date on current technology and new applications. If you do not have at least a rudimentary understanding of computers and how they work, take a class at night. Employers do not expect to spend a lot of time teaching employees how to use computers.

Get Yourself Noticed.
Consider this idea: Find out what your supervisor's favorite civic or charitable activities are and volunteer to work for those organizations. That will bring you into regular contact with the supervisor in a non-job situation, which should increase your visibility and give you additional opportunities to make a favorable impression. Developing some shared experiences off the job will be a definite plus for you.

Be Accommodating.
Throughout the interview process, do your best to accommodate the schedule of the interviewer. This may mean meeting early in the morning, in the evening or even on the weekend. The job seeker who says he/she cannot come in for an interview after hours will screen himself or herself out of the interview process immediately, regardless of age. It sends the message that once on the job he/she will not be willing to put in extra hours to get the work done.

What Not To Do

• Do not apologize or act defensive. Never again say the following: "Nobody really wants to hire someone my age." You cannot have a defeatist attitude or it will show during the interview. Employers want to hire people who are confident about themselves and their abilities, regardless of age.

• Do not lead with your resume. It might show that you graduated from college before your interviewer was even born. Try to get the interview based on your experience and what you can offer the company. You cannot omit dates from the resume or stop the chronology early. It is a red flag to employers that something is amiss in your work history and will prompt questions from the interviewer. The goal is that by the time the interviewer asks to see your resume, you will have already won him or her over and age will not be an issue.

• Do not tell the interviewer you took early retirement. You do not want to give the impression that you are thinking of retiring in a few years. First, it reminds them that you are older and second, that the idea of retirement is more important than the job for which you are interviewing.

• Do not mention accomplishments from more than 10 years ago -- unless they are extraordinary or the only example of experience you possess that meet the employer's needs. If you do mention a past accomplishment, talk about it as if it happened today.

• Do not talk down to, patronize, or become convinced that you could not work for a younger manager. You do not want to make the interviewer feel that you are better than he or she. If you have a problem working for someone younger than yourself, resolve this conflict immediately because odds are the jobs you are interviewing for involve working for people who are younger than yourself. It is a reality you have to accept and deal with properly. Leave your ego at the door.

The big switch to all-digital signals for over-the-air television is still four months away, but many viewers are already experiencing technical difficulties, particularly with the government's voucher program to subsidize buying converter boxes to receive the new transmissions.

ConsumerAffairs.com is already receiving complaints from frustrated readers who cannot redeem or replace their coupons, or who can't find available converter boxes to purchase before the coupons expire. The program currently allows households to download or order two coupons per household, good for 90 days from the date of purchase, with no ability to receive more or replace them if lost.

That was news to Jacqueline of Warrington, PA, who "received Expired and unused DTV coupons and they won't replace them. We are entitled to 2 usable coupons and were refused replacement when I appealed. This program is not for the people, it's extremely stingy and merely a facade of a helping hand."

Robert of Salt Lake City, Utah "ordered my dtv converter box coupons in May 2008 and have not received them yet. Further investigation/attempts to re-order has resulting in a denial of a new application and denial of an appeal. I have tried calling to get an explanation, but keep getting disconnected. I've emailed them, requesting a proof of delivery (my mail goes to a PO box) and they have not responded."

And Cathi of Coleman, Texas "requested my DTV Convertor Box Coupons....they never arrived, I went online to check on status and was told they were sent, when I emailed and questioned where they were and asked for a replacement I was told they could not repalce the coupons that I never received. This coupon program is a joke!"

The DTV program has been beset with numerous glitches since its inception, from the coupon program's flaws, to lack of consumer awareness of the transition, to retailers providing inaccurate information about what equipment customers may need to upgrade.

The two agencies in charge of the transition are the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA), an arm of the Commerce Department. At a special FCC meeting on Tuesday, Commissioner Robert McDowell warned the transition could get "messy...but we'll get through it."

McDowell said that local television networks should be flexible in advertising the transition, according to specific needs of their communities. Some residents may need additional equipment to view digital television, such as new "rabbit ear" antennae, he said.

The FCC has been spearheading a major publicity push for the DTV transition, including the highly publicized switchover test program in Wilmington, North Carolina.

The NTIA has sparred with Congress over funding the coupon program on several occasions. At a House Telecommunications Subcommittee hearing in September, acting NTIA head Meredith Baker Atwell reiterated that the agency would not renew coupons after they expired, saying it would cause problems and costly delays.

Also in September, the Government Accountability Office (GAO) issued a report stating that the NTIA did not have a plan in place to address funding shortfalls for the coupon program. NTIA has said that it would fall under the purview of Congress t o authorize more funds for the program.

From the beginning, observers of the transition have said that certain parts of the country would be disproportionately affected, including minority, low-income, and elderly households. The latest Nielsen research poll shows that as many as 9.6 million households would immediately lose television service if the DTV switchover happened today.

But now, with economic times as tough as they are, households across the board are cutting back on expenses--including cable and satellite television service. This may mean even more households will need coupons and equipment to receive over-the-air digital signals.

As Jacqueline told ConsumerAffairs.com, "with cable price increases beyond affordability and the economy's severe downturn, we'd like to keep our working older tv's and need converters to keep them out of the landfill."

What you can do

The following sites have more information about the analog-to-digital transition:

• Our Dawn Carlson provides a thorough overview of what you need to know.
• Visit the FCC's official DTV site to get more information.
• Apply for a converter box coupon at the NTIA's converter program Web site.

"She was my constant companion and quite a character," Vicki W. of Sedona, Arizona, said of her cat, which died last year after eating contaminated pet food. "My husband and I miss her greatly."

U.S. District Judge Noel Hillman on Tuesday gave final approval to the settlement, which resolves more than 100 class action lawsuits filed in U.S. and Canadian Courts in the wake of last year's massive pet food recall.

Hillman called the settlement "fair, reasonable and adequate," according to the Associated Press.

The $24 million dollar settlement is in addition to the $8 million in claims some companies involved in the litigation have already paid--bringing the total to $32 million.

Under the deal, pet owners can seek compensation for such expenses as veterinary bills, burial costs, time missed from work to take care of sick animals, and property damage caused by sick pets.

In some cases, the settlement allows consumers to recover up to 100% of "reasonable economic damages" if they can provide documentation for those losses. Even consumers who do not have any documentation can recover up to $900 per pet under the settlement.

Lawyers said more than 10,000 pet owners in the United States and Canada had filed claims as of September 30, 2008. The average cost of the claims analyzed so far is approximately $1,500, attorneys said.

More than 100 people kept their rights to sue the pet food companies and other parties separately.

And 28 people filed objections to the settlement, saying it didn't cover the pain and suffering they endured from losing their pets. They questioned how anyone could put a price tag on the loss of a beloved pet. They're pet owners like Vicki of Arizona.

"She can never be replaced because of her unique personality," Vicki said of her Abyssinian.

That healthy cat suddenly became sick in early 2007 months before Menu Foods of Canada recalled more than 60 million containers of melamine tainted food. "So I had the vet do blood work on her," Vicki said. "The vet said she had beginning kidney disease and if we changed her food she would be okay for a long time."

Her cat's condition, however, deteriorated.

"I took her back in a month and she had gotten much worse," Vicki said. "The vet was surprised at how fast she had gone down and recommended IV treatment. We gave her IV's at home every day for four months and she died anyway."

At that time, no one knew about the tainted pet food.

"I had an autopsy done on her because the vet was puzzled about why my cat went down hill so fast," Vicki said, adding her cat's medical bill totaled more than $1,000. "When we heard about the food problem, the vet said the autopsy made sense--she definitely was victim of (tainted) cat food."

Does Tuesday's settlement give Vicki any sense of justice? "Nine-hundred dollars is a small price for the vet bills and the months trying to save her," she told us. "The only consultation is that it hopefully won't happen again."

The settlement may also help other animals in need.

It stipulates that any money left after all the plaintiffs are paid--including the 55 law firms involved in the case-- will be donated to various animal charities. One attorney said the lead firms alone had done more than $5 million worth of work.

Consumers with questions about the settlement--or filing a claim--can find answers on the Pet Food Products Liability Settlement Web site.

As we've reported, this case started last March when Menu Foods recalled millions of containers of dog and cat food tainted with melamine, a chemical used to make plastics. That marked the largest pet food recall in U.S. history.

Thousands of dogs and cats across North America suffered kidney disease or died after eating the contaminated food.

The Food and Drug Administration (FDA) traced the source of that contamination to the wheat gluten imported from China.

Sherrie Savett, a lead attorney for the plaintiffs in the case estimated more than 1,500 died in the U.S. died last year after eating the tainted food. ConsumerAffairs.Com tried to reach her on Tuesday to discuss the settlement, but she did not return calls.

But in May, Savett said the settlement was a win for pet owners.

"With this settlement, consumers will get as much or more than if they litigated the cases individually," she said. "The claims process allows people to recover as much as 100 percent of all their economic damages.

"What we did get out of this settlement for consumers is the possibility of complete recovery of all economic damages--even for lost carpets and time--in addition to their veterinary bills," she added. "Even in cases where people do not have documentation of their damages, the settlement allows in some cases up to $900 for each person."

Some pet owners, however, have criticized the settlement. Don Earl, whose cat Chuckles died after eating Menu Foods' Pet Pride food, has called the settlement "a slap in the face."

"Extrapolating from the best information available, over a quarter million pets were killed by the poisoned pet food epidemic," he said. "Take a third off the top for the attorneys, and divide by the number of pet owners harmed, they each will get $64."

Another pet owner, whose 13-year-old Sheltie suddenly died after eating some of the tainted pet food, agreed.

"I feel that the $24 million is less than a slap on the wrist," said Jerry L. of Goodyear, Arizona. "It's a sad state of affairs and just goes to prove that until pet owners who really care about their pets push their government for stronger laws, these companies will continue to hold our pets at little or no regard.

Canadian author Ann Martin, who has researched the pet food industry for years, has called on pet food makers and the government to ensure the food consumers' feed their animals is safe.

But she is not convinced that's happened.

"I really don't think the food on the shelves now is any safer than what we saw prior to the massive recall," Martin told us in May. "How many of these pet food companies are testing for contamination in the raw materials they are purchasing? It is my understanding that some are now testing for melamine in the grains, but this is just one toxin that might be in the raw material. Are they testing the vitamin/mineral premixes, many which are coming from China or other countries with questionable practices?"

The settlement requires pet food makers to continue testing ingredients imported from China. That, however, doesn't make Martin feel any safer about feeding her animals commercial pet food.

"I'll continue to feed my pets a homemade diet," she said. "At least I know what they are eating, which is more than you can say with many of the pet foods on the market."

Pet owners like Don Earl said some good has come from the massive recall.

"Many pet owners (including myself) have switched from the recycled garbage promoted as pet food to homemade," he said. "Their pets will live much longer and healthier lives."

Dozens of lawsuits

Pet owners in 19 states and Ontario, Canada filed dozens of lawsuits against Menu Foods in the weeks that followed the March 16, 2007, nationwide recall of dog and cat food. Those cases were consolidated in a federal court in Camden, New Jersey.

The lawsuits alleged unfair and deceptive trade practices, negligence in failing to provide adequate quality control and breach of implied and express warranties.

Some consumers also claimed they suffered emotional trauma after their pets became sick or died. Pet owners sought compensation for their veterinary bills.

Companies named in the lawsuits -- besides Menu Foods -- included Del Monte Foods Inc. of San Francisco; Nestle of Stamford, Conn.; Procter & Gamble in Cincinnati; Xuzhou Anying Biologic Technology Development Co. Ltd. in Pixian, China; and Suzhou Textile Import and Export Co. in Jiangsu, China.

Those defendants -- and Menu Foods' product liability insurance company -- will cover the costs of the settlement. Menu Foods estimated the recall cost the company $53.8 million.

Pet owners have until November 24, 2008 to file their claims. Those claims should be submitted to:

Claims Administrator P.O. Box 890 Philadelphia, PA 19105-0890 USA

claims@petfoodsettlement.com

Looking for ways to cut back in these tough economic times? An environmental group suggests skipping the bottled water and drinking from the tap. It might even be healthier.

The Environmental Working Group says its tests how 10 popular U.S. bottled water brands contain mixtures of 38 different pollutants, including bacteria, fertilizer, Tylenol and industrial chemicals, some at levels no better than tap water.

Wal-Mart's Sam's Choice at several locations contained contaminants exceeding California's bottled water quality standards and safety levels for carcinogens under the state's Safe Drinking Water and Toxic Enforcement Act, according to the group's laboratory tests. Giant Foods' Acadia brand consistently retained the high levels of cancer-causing chlorination byproducts found in the suburban Washington DC tap water from which it is made.

Overall, the group says the test results strongly indicate that the purity of bottled water cannot be trusted.

"It's buyer beware with bottle water," said Jane Houlihan, Vice President for Research at EWG. "The bottled water industry promotes its products as pure and healthy, but our tests show that pollutants in some popular brands match the levels found in some of the nation's most polluted big city tap water systems. Consumers can't trust that what's in the bottle is anything more than processed, pricey tap water."

"For years the bottled water industry has marketed their product with the message that it is somehow safer or purer than tap water," said Wenonah Hauter, executive director of the non-profit consumer advocacy group Food & Water Watch. "This new report provides even more evidence that the purity of bottled water is nothing more than a myth propagated to trick consumers into paying thousands times more for a product than what it is actually worth."

EWG said that laboratory tests it commissioned at one of the country's leading water quality laboratories found 38 contaminants in ten brands of bottled water purchased from grocery stores and other retailers in nine states and the District of Columbia.

The pollutants identified include common urban wastewater pollutants like caffeine and pharmaceuticals, an array of cancer-causing byproducts from municipal tap water chlorination, heavy metals and minerals including arsenic and radioactive isotopes, fertilizer residue and a broad range of industrial chemicals. Four brands were also contaminated with bacteria.

Unlike tap water, where consumers are provided with test results every year, the bottled water industry does not disclose the results of any contaminant testing that it conducts, EWG said.

Americans paid $12 billion to drink 9 billion gallons of bottled water last year alone, EWG said. Yet, the tests show several bottled waters bore the chemical signature of standard municipal water treatment--a cocktail of fluoride, chlorine and other disinfectants whose proportions vary only slightly from plant to plant. In other words, some bottled water was chemically almost indistinguishable from tap water.

The only striking difference, the group says, is the price tag. The typical cost of a gallon of bottled water is $3.79--1,900 times the cost of a gallon of public tap water.

Jeep Cherokee owners continue to complain that the car is prone to stalling, creating potentially dangerous situations.

Earlier this year Chrysler recalled 1,338 2008 Jeep Grand Cherokee and Commander SUVs to repair a stalling problem in the vehicles, but consumers say the problem has cropped up on older models too, that were not part of the recall.

"My 1998 Jeep Grand Cherokee Laredo 4.0 liter stalls all the time," Michael, or Reno, Nevada, told ConsumerAffairs.com. "It is hard to start and sometimes will not start and has to be towed but then self corrects. This care is practically useless because we don't know when it is going to stall on the freeway or an off ramp or in the middle of an intesection and not start again which puts our lives and those of other motorists in danger."

Michael says the car has been left at the dealer for days and weeks at a time and he's spent hundreds of dollars on tests and parts, only to be told this past week that it is the computer module.

"Now they want $800.00 to replace it," he said. "My wife has had some close calls but fortunately never an accident due to the unpredictable stalling."

Demetrius, of Rochester, New York, has had a similar experience with his Jeep Cherokee.

"My 2000 Jeep Grand Cherokee stalls while driving," he said. " The transmission also slips, but the mechanic cannot find the problem. It happens unexpectedly in traffic."

Both Michael and Demetrius contacted ConsumerAffairs.com about the stalling problem on their older Jeeps within recent days. Jeep owners can contact Chrysler to tell the company about the stalling problems at 1-800-853-1401 or National Highway Traffic Safety Administration at 1-888-327-4236 (TTY 1-800-424-9153).

With the economic crisis and the Presidential election dominating the news, identity theft is no longer the hot-button topic it once was. Yet for people who have been caught in data breaches, the possibility that their information could be used against them in any number of ways is still a very real, and very immediate concern.

Just ask Suzanne Finch. A year after she discovered that her personal information had been used to open up new credit card accounts in her name and make purchases without her permission, she is still searching for answers and running into a wall of silence everywhere she turns.

It was in June 2007 that Finch was notified that her Citibank MasterCard--originally a Sears store credit card that had been "flipped" into a true bank credit card without her permission--was used to make purchases at online jewelry store Stein Diamonds.

When ConsumerAffairs.Com interviewed Finch in March 2008, her investigation had traced the fraud back to a potential data breach inside Citibank by Russian hackers. The source of the breach was never determined.

Although Finch canceled all of her credit accounts with Citibank, her Social Security number and personal information were still "in the wild," available for use by the black-market "underground economy" to create new "synthetic identities" pieced together from components of existing personal data.

Since March 2008, according to Finch, further investigation confirmed that there was a breach of Citibank's servers, but the financial giant refuses to admit it.

"Citibank wants to protect its stock prices and shareholders over its customers," Finch told ConsumerAffairs.com. "Ironically, they have also ended up as my mortgage holder, again, through acquisition of accounts." Finch wants extended credit monitoring of her mortgage account in order to protect her personal information from any potential misuse, but Citibank has thus far refused to grant it.

"Not at liberty to talk"

The Identity Theft Resource Center (ITRC) is the leading organization dedicated to helping victims of identity theft get restitution, as well as assisting law enforcement in identifying potential data breaches and tracking the culprits. According to the ITRC's executive director Jay Foley, who has been working with Finch, she has a case--"up to a point."

"Something definitely happened," Foley told ConsumerAffairs.Com. "For Citibank to admit there was a breach on their part would be an implicit admisison of liability. They don't want to admit to anything one way or the other," he said. "No one's at liberty to talk."

Foley has been working with local authorities and the U.S. Secret Service to investigate the breach, but said there were "multiple potential sources of involvement. Credit card purchases go through multiple processing systems."

If there was concrete proof that Citibank was at fault for the breach, Foley said, then Finch's case for extended credit monitoring would be a lot stronger, but that the case would set precedent for other victims of identity theft to demand extended credit monitoring--which might actually be costly to banks.

The average credit card transaction is indeed not as simple as swiping your card at the register and having the purchase appear on your statement. The transaction is directed through processing networks before reaching the lender, and many of the networks are controlled by outside third-party companies. It was lax security in a processing network that enabled a ring of hackers to wirelessly access customer data from the TJX companies, leading to the biggest breach of personal data on record.

The ITRC reported in August that there had already been 449 separate security breaches of personal information in 2008, surpassing 2007's total of 447, but noted that the actual number of breaches may be greater due to underreporting, and the mixture of multiple reported events as a single event.

"Looking for a culprit"

Ted Manjoras is Citibank's senior field investigator for security on the West Coast. According to him, Citibank may not have been the source of the breach, or they may have been--but he can't say either way.

"I can't talk about the specifics of the case," Manjoras told ConsumerAffairs.Com. "We don't know all the facets of the situation, so I can't come up with a definitive answer."

In general terms, Manjoras said that Finch "needs to find a culprit," and is blaming Citibank even though there is "nothing concrete to go on."

"Banks eat the losses 99 percent of the time in cases of identity theft," Manjoras said. "Merchants have been compromised by international crime rings many times, and no one wins if the business and victim are punished in cases like these," Manjoras said.

Manjoras said he was sympathetic to Finch, given that his own daughter was recently a victim of identity theft, but said that Finch's attempts to "push it further" by blaming Citibank were counterproductive. He also reiterated that he could not definitively state if the bank was or wasn't responsible for the breach.

When asked for more clarification, Manjoras referred ConsumerAffairs.Com to Citibank's General Counsel and Media Relations departments.

Disclosure isn't enough

California, where Finch lives, has some of the strongest data breach disclosure laws in the nation. It was California's notification laws that forced ChoicePoint to admit it had been scammed into giving 145,000 personal information accounts to a ring of Nigerian criminals in 2005. The ChoicePoint incident triggered a cascade of new reporting on the dangers of data breaches, and the passage of many new laws on state and federal levels governing personal information.

But research has shown that data breach disclosure laws do little to actually prevent identity theft, and that without adopting both stronger security procedures and more accurate reporting of data breach incidents, any collected database of personal records is a potential breach waiting to happen.

The major credit card companies have adopted the Payment Card Industry Data Security Standards (PCI DSS) as a set of governing principles for how cardholder data should be collected and transmitted. In recent months, the PCI has focused more attention on Web-based financial applications, such as online payments, in order to continually strengthen security procedures against any avenue of attack.

But critics say that the PCI's penalties for lax security procedures are weak and rarely come back to the financial institutions, which usually blame the card processors for gathering and maintaining too much data on a customer.

California's state legislature recently passed new measures for retailers to disclose more information about breaches and to adopt stronger security standards such as data encryption, but the bill was vetoed by Governor Arnold Schwarzenegger.

"As I stated in last year's veto of a similar bill, this bill attempts to legislate in an area where the marketplace has already assigned responsibilities and liabilities that provide for the protection of consumers," Schwarzenegger wrote.

What next?

Identity theft can be a crime that takes literally years to even recognize, as hackers are increasingly savvy when it comes to purloining data. Rather than using it immediately to commit fraud, they often wait months or years, selling and reselling the information in the black market.

And though it's relatively easy to cancel credit cards that have been compromised, changing a Social Security number is incredibly difficult, making it the primary target of any enterprising cybercriminal.

The typical response of a private business or government agency is to offer credit monitoring for a limited time to the affected--usually six months or one year. But not only does credit monitoring not detect many forms of identity theft, all the thieves have to do is wait until the monitoring expires before they reuse the stolen data.

All of this leaves Suzanne Finch and those like her wondering when the day will come that they'll be turned down for a loan or otherwise penalized simply because someone else has access to their identity.

Finch is relatively lucky in that she suffered no direct financial losses, but she says that the cost of compromising her identity is about more than money.

"Citibank acquired my most personal information - my identity - then either through their own actions or those of their partners, carelessly allowed my identity to be stolen," Finch said. "Now they want to refuse me the opportunity to protect myself from their carelessness by denying me access to continued monitoring of my credit report, which would cost them little or nothing."

The federal government's watchdog agency is giving the nation's food regulators failing marks when it comes to preventing false and misleading labeling.

The report from the Government Accountability Office (GAO) found that while the number of food firms and products has increased dramatically, the Food and Drug Administration's (FDA) oversight and enforcement efforts "have not kept pace."

The FDA is supposed to conduct label reviews when it inspects foreign food firms, but in 2007 it inspected just 95 firms overseas - there are tens of thousands - and in only 11 countries out of 150 that export food to the U.S.

According to the report, the FDA has not done random sampling to test the accuracy of Nutrition Facts labels since the 1990s -- and the agency has conducted very limited non-random nutrition testing on products whose labels were suspected of being inaccurate.

The most serious enforcement actions FDA can take -- seizures, injunctions, and import refusals -- are rare for labeling violations. The report further found that the FDA lacks a system for tracking the enforcement activities of its field offices.

"The findings of this latest GAO investigation that the FDA seems incapable of preventing companies from providing false or misleading information to consumers are very troubling," said representative Rosa DeLauro (D-CT), chairwoman of the House Appropriations Subcommittee in charge of the FDA's budget. "These findings by the GAO seem to point to another example of how FDA mismanagement is failing consumers. As Congress moves next year toward reforming FDA's food safety responsibilities, this is another area that warrants close examination and potentially a major overhaul."

GAO called on the FDA to "better leverage" its resources and to develop "detailed information on how new legal authorities would help address the shortcomings identified in this report."

The non-profit Center for Science in the Public Interest (CSPI) says recent deceptive claims include:

• Kraft's Crystal Light Immunity Berry Pomegranate drink falsely claimed that its vitamins A, C, and E will "help maintain a healthy immune system." The FDA said it would consider placing the issue on its work plan for next year.

• Mars Cocoa Via Brand Heart Healthy Snacks claimed that it "Promotes a healthy heart," and "reduce[s] bad cholesterol." The chocolate candy contains significant amounts of saturated fat, which can raise bad cholesterol. The company has ignored an FDA warning to halt the claim, and the agency has failed to follow-up its demands in court.

• Land O Lakes has claimed that "Omega-3 All Natural Eggs" are a "good source of heart healthy nutrition," despite the fact that the eggs contain too much heart-unhealthy cholesterol to make health claims under FDA rules. The FDA has failed to act on a CSPI complaint urging the agency to stop the claim.

• Nestle Crunch Ice Cream Bars have claimed "0g Trans Fat," but contain 11 grams of saturated fat, which also raises cholesterol levels. The FDA failed to act on a CSPI complaint over the issue.

• Capri Sun beverages were labeled as "All Natural" even though they were made with high-fructose corn syrup (when contacted by CSPI, the company said it was modifying the label). The FDA has failed to formally define the term.

• Gerber Graduates for Toddlers Fruit Juice Snacks depicted fruits on the label and suggested that the product is made from fruit. But the product's predominant ingredients are corn syrup and sugar. CSPI, but not the FDA, is challenging the claim in federal court.

• Thomas' Hearty Grains Double Fiber Honey Wheat Muffins label has boasted that the product is "made with whole grain," but the predominant ingredient is white flour. The FDA issued a weak policy pronouncement on the issue, but has taken no enforcement action.

The GAO report also called on the FDA to collaborate with other federal agencies and stakeholders to "evaluate labeling approaches and options for developing a simplified, empirically valid system that conveys overall nutritional quality to mitigate labels that are misleading consumers."

CSPI formally petitioned the FDA in 2006 to develop a universal front-of-label symbol that would communicate nutritional value and has advocated funding for an Institute of Medicine study to identify the best system of label symbols. The FDA held a public hearing on the issue in 2007, but has not taken any further action.

ConsumerAffairs.com, which received a copy of the e-mail, learned pet owners should heed this warning. That's because cocoa mulch contains a compound called theobromine. This naturally occurring compound--found in many plants, including cocoa beans--can be harmful to dogs.

"Cocoa bean shell mulch can result in adverse reactions in dogs," said Dr. Steven Hansen, veterinary toxicologist and senior vice-president of The American Society for the Prevention of Cruelty to Animal's (ASPCA) Midwest Office. That office houses the ASPCA's Animal Poison Control Center.

Dr. Hansen said many dogs are attracted to the smell of cocoa mulch.

"Some dogs will eat large amounts of fresh mulch, which can lead to intestinal upset and if the amount is high enough increased heart rates and trembling," he told ConsumerAffairs.com.

But he added: "Death is very unlikely with current products as the residual theobromine is very low."

A few years ago, the ASPCA investigated several cases in which dogs ingested cocoa mulch. The organization studied those cases in response to the growing number of reports about dogs eating that type of mulch.

The ASPCA's study revealed:

• Vomiting was reported in 50 percent of the cases;

• Tremors were reported in 33 percent of the cases. In these cases, the amount of cocoa mulch ingested by the dogs was described as "large or significant;"

• Tachycardia (rapid heart rate), hyperactivity, or diarrhea were reported in 17 percent of the cases;

• High amounts of cocoa mulch can cause tachycardia, muscle tremors, seizures, and even death. One dog died after eating a large amount of cocoa bean shell mulch that contained 0.46% theobromine;

• There were no clinical signs of illness in 33 percent of the cases;

• 67 percent of the cases came from dogs in California.

"Pet owners should avoid (the) use of cocoa bean mulch in landscaping around dogs with indiscriminate eating habits," the ASPCA said when it released its Cocoa Mulch Report.

Some companies that make cocoa mulch warn pet owners about using the product around dogs.

The maker of Blommer's Cocoa Shell Mulch, for example, has a warning on that package that states: "Note: contains trace amounts of theobromine, a compound that dogs can be allergic to, so use caution when using around dogs."

But not all cocoa mulch products carry that warning, according to the latest e-mail about this problem.

That e-mail describes how a dog named Calypso ate a large amount of cocoa mulch--because it smelled so goodand then became gravely ill.

"She vomited a few times which was typical when she eats something new, but wasn't acting lethargic in any way," the e-mail states. "The next day, Mom woke up and took Calypso out for her morning walk. Half way through the walk, Calypso had a seizure and died instantly."

The e-mail adds: "Although the mulch had no warnings printed on the label, upon further investigation on the company's Web site, this product is highly toxic to dogs and cats. We are passing this on not to scare you but to make you aware of a commonly purchased item that may have a potentially fatal effect on your pets."

The e-mail is signed: "Your Family at Deepwood Veterinary Clinic."

ConsumerAffairs.com tried to contact that clinic, but it did not respond to our inquiry.

Veterinarians, however, aren't the only ones warning pet owners about products that contain theobromine.

The Hershey's company--the largest maker of chocolate and sugar candies in North America--also cautions pet owners about that compound.

"Dogs metabolize theobromine very slowly," the company states on its Web site. "As a result, theobromine can have a serious effect on the animal's heart, kidneys and central nervous system. It carries the same risk as does a dog's consumption of other common household items such as coffee, tea, cola beverages and certain houseplants."

Meanwhile, experts say other types of mulch--including cedar chips and straw--are less toxic than cocoa mulch. But some may contain oil and resins that can cause gastrointestinal problems in their pets.

Consumers who suspect their pets have eaten these or other toxic products should contact their veterinarians or the ASPCA's Animal Poison Control Center at 888-426-4435.

October 14, 2008   
General Power Products is recalling about 13,000 portable generators. The generators fuel valve can be damaged by the cover plate during shipment and cause a fuel leak and fuel spillage during use, posing a fire hazard to consumers.

General Power Products has received 14 reports of damaged fuel valves. No injuries have been reported.

This recall includes the General Power Products 6000 Watt portable generator and the Poulan Pro 6000 Watt portable generator with serial numbers 060400483 through 060600725. The serial number is stamped on the engine block which is located on the front of the engine below the generators control panel. General Power Products and 6000 Generator are printed on the side of the General Power Products generator. Poulan Pro and 6000 watts are printed on the side of the Poulan Pro generator.

The generators were sold at hardware and home improvement stores primarily located in Illinois, Indiana, Louisiana, Ohio and Texas from June 2008 through September 2008 for between $600 and $800. They were made in China.

Consumers should immediately stop using the generators and contact General Power Products to determine if the generators fuel valve is damaged and, if it is, to receive a free repair kit and instructions.

For additional information, contact General Power Products toll-free at (877) 428-3769 24 hours a day, seven days a week, or visit the firms Web site at www.generalpowerproducts.com.

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

By Mark Huffman
ConsumerAffairs.com

October 13, 2008
The government has taken extraordinary steps in the last 30 days to prop up the banking industry, in a desperate attempt to stem the credit crisis. But could there be another credit crisis lurking, not on Wall Street, but on Main Street?

Millions of consumers have run up huge balances on their credit cards, and with unemployment rising and economic assets losing value, some may find it harder and harder to make the minimum payments, much less pay down their balances.

U.S. credit card debt averaged $1,717 per account in the second quarter of 2008, according to TransUnion, one of the three U.S. credit-reporting agencies. That represents an increase of more than eight and a half percent over the previous year.

The Federal Reserve reports Americans have pushed their total credit card balances to an eye-popping $1 trillion.

Among the thousands of complaints ConsumerAffairs.com receives each year about credit cards are stories of consumers living close to the edge, where an unexpected service charge or late fee puts them even deeper in the hole. Others have found that credit card companies have cut credit limits and raised interest rates in recent weeks.

Karen, of Ontario, California, says the rate on her Advanta business credit card went from 7.99 percent last month to 25.08 percent.

"When I called I was told that they had notified their customers that there would be a rate change and all customers were given the opportunity to opt out but if the opt out was not exercised then it was too late," she told ConsumerAffairs.com. "I asked what criteria was used to determine this rate increase. I was told that the rate increase was a result of a review of my business and personal credit history and that I was now considered a high risk."

As rates go up, so do delinquencies. Nationwide, late credit card payments are up over 14 percent, with Nevada and Florida having the highest delinquency rates. Not surprisingly, both states are among the leaders in home foreclosures as well.

If consumers can't pay their mortgages, chances are they can't pay their credit card bills either.

Consumer credit crisis?

Innovest Strategic Value Advisors worries that banks' actions to clean up their balance sheets will eventually set off a consumer credit crisis.

Laura Nishikawa, an analyst with Innovest, says credit cards are at "the tipping point." She say issuers have been helping to drive up charge-off rates by taking steps like freezing balance transfers, reducing lines, and limiting access to other types of consumer credit, like home equity lines.

These typical risk management tactics are having an "unintended consequence," Nishikawa said.

"When they reduce credit availability, consumers won't have the ability to roll their debt over, and the issuers will essentially force customers into default," she said.

The Innovest report examines Bank of America, American Express, Discover, Citi, Capital One and JP Morgan Chase. The report benchmarks each bank by its product exposure to high risk consumers, identifies winning and losing strategies, and evaluates balance sheet and earnings sensitivity to credit card performance.

Innovest, which was early with its call on sub-prime mortgages, has determined that what Wall Street and the Federal government are diagnosing as a mortgage problem is, in fact, a symptom of a deeper crisis of deteriorated consumer financial health.

For nearly a decade Americans have been taking on more debt than they could afford.

And in perhaps a warning of things to come, Bank of America reported last week that its otherwise rosy third quarter earnings picture had one notable blemish a significant increase in delinquent credit card payments.

Throughout 2008, the American shopper has endured record high gasoline prices, hurricanes and flooding, and a stalled housing market in their quest to shop. But evidence suggests they are no longer inclined to shop until they drop.

While the consumer has remained fairly resilient during this time, two very recent events are dramatically impacting mall visits and consumer confidence.

According to ShopperTrak RCT, a provider of retail intelligence information, the upcoming election and recent financial meltdown are keeping shoppers at home rather than their favorite malls -- a pattern retailers are hoping improves heading into the critical holiday season.

Still, while consumer confidence is shaken, ShopperTrak notes that declining mall traffic during an election year is somewhat expected.

An analysis of enclosed mall shopper traffic patterns during the last three national elections revels that shopping activity tends to lessen as Election Day approaches and shoppers focus on the election and its results.

In 2002 the country was in a recession, and the Dow Jones Industrial Average and the S&P; 500 Index were both hovering near record lows during election season. According to ShopperTrak:

• Enclosed mall traffic averaged a 2.8 percent year-over-year decline each week in the month preceding the 2002 election.

• During election week, traffic declined 2.4 percent as compared with 2001.

• In the weeks following the 2002 election, enclosed mall traffic remained in the doldrums, averaging a 3.9 percent year-over-year decrease all the way through the holiday shopping season.

In the 2004 presidential election, as the country was in the midst of an economic recovery, traffic numbers fared slightly better, but still trended down during election week and showed just a moderate increase in the weeks following the election:

• Enclosed mall traffic averaged a 1.5 percent (per week) year-over-year gain in the month preceding the election.

• During election week, traffic declined 2.4 percent as compared to 2003.

• In the weeks following the election and throughout the holiday season, enclosed mall traffic averaged a 0.8 percent (per week) year-over-year increase.

Finally, when looking at our last national election in 2006 -- which preceded the most recent rise in energy prices and the uncertainty in the financial markets -- enclosed mall traffic fared quite similarly to 2004:

• Enclosed mall traffic averaged a 1.2 percent (per week) year-over-year gain in the month preceding the election.

• During election week, traffic declined 0.7 percent compared with 2005.

• In the weeks following the election and throughout the holiday season, enclosed mall traffic averaged a 0.4 percent (per week) year-over-year increase.

According to ShopperTrak co-founder Bill Martin, the 2008 presidential election season most resembles both the economic conditions and holiday calendar seen in 2002, which could indicate a steady traffic decline this year.

"We anticipate malls and stores will experience a noticeable decline in shopper traffic during the upcoming election season as shoppers focus on both the election and the poor state of the economy," said Martin. "In addition, without any positive economic news, we expect declines in traffic throughout the holiday season -- an event which drew over 9.66 billion shopper visits to retail stores and malls in the United States last year. So, based on this, even a 1 percent drop in traffic could mean 96.5 million fewer visits to stores and malls in 2008."

General Mills has announced that is removing added monosodium glutamate, or MSG, from all 80 of its Progresso soups. Its major competitor, Campbell Soups, has begun airing commercials promoting the absence of MSG from its soups.

"Twenty-six Progresso soups are already free of added MSG," said Kyle Duea, marketing manager for Progresso, acknowledging and publicly confirming the strategy for the first time. "That number will continue to increase as we implement this strategy across the Progresso line."

Progresso would have preferred to announce the change when complete, according to Duea, but opted to announce the move now in response to current competitive advertising in the category.

General Mills is claiming the high ground in the MSG wars, saying that some of Campbell's soups still contain the flavor enhancer. General Mills executives seemed a bit miffed at Campbell's ad campaign for its Select Harvest soup.

"Campbell's campaign has been quite disingenuous, in our view," said Jerry Lynch, vice president of Marketing for Progresso. "Not only does their advertising make misleading statements about Progresso, but it also fails to acknowledge that more than 90 Campbell's soups--a large portion of their soups--do contain added MSG."

Focusing on taste and weight management, General Mills says Progresso has been gaining share in the ready-to-serve soup category, capturing 3.3 share points over the past 2 years. As Progresso rolls-out its reformulations, the company promises consumers will also see more and more Progresso soups free of added MSG on store shelves.

MSG is a sodium salt used as a flavor enhancer in food. It has been "generally recognized as safe" by the Food and Drug Administration since 1959. However, health advocates have expressed concerns that it can promote high blood pressure and obesity.

BMW's MINI Cooper division is recalling 2009 John Cooper Works and JCW Clubman models to resolve a brake system problem.

In its filing with the National Highway Transportation Safety Administration (NHTSA), Mini said that vehicles equipped with 16-inch diameter front brake discs rather than 17-inch discs, under conditions of intense brake usage, could experience reduced braking performance.

MINI dealers will inspect the front brake discs and pads of the cars, and, if necessary, replace them at no charge to owners, MINI said. The company said that no accidents or injuries related to the brake issue have been reported.

JCW owners should receive a recall notice in the mail this month. Owners can contact BMW at 1-866-275-6464, or by e-mail at mini.assistance@askminiusa.com, if they would like to make inspection arrangements before the notice arrives.

World Kitchen's attorneys have submitted the following response to our August 20, 2008 story.

Pyrex Maker Identifies Serious Flaws in ConsumerAffairs.coms Story

Consumers should have accurate information about Pyrex glass bakeware. Instead, ConsumerAffairs.coms (Consumer Affairs) August 20, 2008 posting by Joseph S. Enoch, entitled Three Years Later: Pyrex Dishes Still Go Boom, falsely claims that Pyrex glass bakeware is unsafe for use as directed. This is not the case. In fact, consumers have safely and reliably used hundreds of millions of pieces of Pyrex glassware in American kitchens for decades.

World Kitchen, LLC (the U.S. manufacturer of Pyrex glass bakeware) has identified serious errors in the Pyrex story and Consumer Affairs has agreed to post a response . . . from World Kitchen in a prominent place next to the original story. (September 29, 2008 Email from Consumer Affairs counsel, Cameron Stracher, to World Kitchens counsel, Kerrie L. Campbell). In order to ensure that consumers have access to truthful and accurate information, World Kitchen urges Consumer Affairs to post this response in a prominent place next to all postings that contain similar false and misleading criticisms of Pyrex.

1. Contrary to what Consumer Affairs Says, World Kitchen Did Not Change the Formulation of Pyrex Glass Bakeware; the Formulation is the Same as that used by Corning.

According to Consumer Affairs August 20 Pyrex posting:

• The four glass experts ConsumerAffairs.com consulted for this story agreed that the most likely reason the dishes are exploding is that they are not made from the type of glass, known as borosilicate, that they said was originally used in Pyrex dishes.
• All the experts we consulted said they had not heard of this problem until just recently and doubted that the Pyrex manufactured by Corning before the 1998 licensing of its name to World Kitchen would be dangerous.

While it is true that Pyrex was originally made of borosilicate glass in 1915, Pyrex glass bakeware sold in the U.S. has been made consistently of soda lime glass that has been heat strengthened, through a thermal tempering process, at World Kitchens Charleroi, Pennsylvania plant for about 60 years, first by its predecessor Corning and then by World Kitchen, using rigorous quality control and manufacturing standards. Consumer Affairs knew this before publishing the posting.

Contrary to the unsupported and unsubstantiated speculation of the experts who contributed to the article, World Kitchens manufacturing process, including the thermal tempering process, and specifications for Pyrex glass bakeware are the same as those utilized by Corning for decades prior to World Kitchens purchase of the business in 1998. The claim that in 1998 World Kitchen changed the composition of Pyrex is false.

2. Contrary to what Consumer Affairs Says, Pyrex Glass Bakeware is Properly Tempered.

According to Consumer Affairs August 20 Pyrex posting:

• The four glass experts ConsumerAffairs.com consulted for this story agreed that the most likely reason the dishes are exploding is that they are not made from the type of glass, known as borosilicate, that they said was originally used in Pyrex dishes.
• Glass experts consulted for this story say the glass used in todays Pyrex products may not be tempered properly, making it more likely to explode than products sold under the Pyrex label in the UK and some other European countries.
• Tempered soda lime is not designed to withstand extreme temperature changes the way borosilicate is. Statement attributed to Dr. Delbert Day.
• Borosilicate has a lower thermal expansion coefficient than soda lime. It is less likely to break during thermal shock. Statement attributed to Dr. Day.

These unsupported and unsubstantiated statements included in Consumer Affairs posting communicate the false and damaging message that Pyrexs soda lime glass that has been heat strengthened, through a thermal tempering process, is an inferior composition to that of borosilicate glass sold under the Pyrex brand in some European countries. That is simply not true. In fact, as Consumer Affairs and Mr. Enoch are well aware, as compared to borosilicate glass bakeware, heat strengthened, or tempered, soda lime glass such as that used to make Pyrex glass bakeware is significantly more resistant to impact breakage and comparably resistant to breakage caused by severe temperature differential (thermal downshock).

Pyrex glass bakeware sold in the U.S. is heat strengthened, through a thermal tempering process, to achieve an appropriate balance between increased mechanical strength (i.e., to withstand impact and thermal downshock) and energy expended upon breakage (i.e., to control the number of pieces and dynamism should breakage occur). Pyrexs exemplary safety record confirms that this balance has been appropriately struck. Unsubstantiated consumer reports of glass bakeware breakage from any cause, including incidents that involve misuse or another manufacturers brand, represent only a tiny fraction of a percent of the Pyrex glass bakeware in an estimated 80% of U.S. homes. Further, reports of glass bakeware breakage filed with the CPSC have markedly declined in recent years. Since 1998, World Kitchen has manufactured more than 390 million units of Pyrex glass products.

3. Consumer Affairs Ignores the Scientific Fact that Pyrex Glass Bakeware is Tempered Differently than Flat Glass.

According to Consumer Affairs August 20 Pyrex posting:

• Dr. Richard Bradt, professor of engineering at the Department of Metallurgical and Materials Engineering at the University of Alabama, said Pyrex bakeware products he examined were not tempered at all. When they broke, they broke like untempered, or un-heat-strengthened glass, Bradt said.
• There were no fringes, indicating no tempering It's cutting out 50 percent of their manufacturing (cost). I don't want to say they don't temper any of it. (But) the ones I've seen three different sizes were not tempered. Statement attributed to Dr. Steve Frieman.
• [Hank Chamberlain] said that the dishes were tempered, but not evenly. There's quite a bit of inconsistency within the pieces, he said.
• It's absolutely certain that they have less core tension, and therefore less residual surface compression, than fully tempered glass. Statement attributed to Mr. Chamberlain.

The Pyrex posting misleads and alarms consumers by utilizing statements and quotes from experts improperly contrasting Pyrex glass bakeware to so-called fully-tempered glass (i.e., glass having a surface compression > 10,000 psi). These experts (e.g., Drs. Bradt and Frieman, and Mr. Chamberlain) appear to misunderstand (or intentionally fail to acknowledge) the critical difference between fully tempered flat glass applications, such as glass doors, and heat strengthened three-dimensional consumer kitchen products, such as glass bakeware. This misunderstanding (or omission) of facts regarding various types of glass and the degrees of heat strengthening appropriate for each appears to have resulted in these experts incorrectly expecting to witness the breaking into small cubes, or dicing, that would result when fully tempered flat glass breaks, as opposed to a situation where a three dimensional consumer glass bakeware product breaks. Because it is not fully tempered, heat strengthened soda lime glass bakeware does not dice.

Fully tempered glass is a unique kind of glass that is found in automobile side windows, glass doors and other flat glass applications. Fully tempered glass is not used in Pyrex glass bakeware or any other glass bakeware because when breakage of fully tempered glass occurs, it results in a far greater number of small, sharp pieces and splinters that would be thrown further and with more force than would result from glass that is appropriately heat strengthened for kitchen use. All glass can break. As a result, in designing glass bakeware, it is imperative to strike an appropriate balance between increased mechanical strength and the energy expended upon breakage.

Consistent with their confusion between flat glass applications and consumer glass bakeware applications, Consumer Affairs experts wrongly expect to find uniform heat strengthening across the ware. Given the three-dimensional nature of consumer glass bakeware, it is not possible to have the identical degree of heat strengthening at all points on a given dish.

4. Contrary to what Consumer Affairs Says, Pyrex Glass Bakeware is Durable and Impact Breakage is an Important Safety Consideration.

According to Consumer Affairs August 20 Pyrex posting:

• Tempered soda lime is not necessarily more resistant to mechanical breakage. That toughness only exists in unchipped and unscratched tempered glass. In a kitchen environment, it should not be relied upon. Statement attributed to Mr. Hank Chamberlain.
• Both Chamberlain and Day said that even if the glass is tempered when purchased off of store shelves, its likely the glass would lose its temper when used in the oven.
• Impact resistance is not the valid issue . . . Were not having trouble with people dropping these things on the tile floor and cutting their toes. Were having trouble with people taking them out of the oven and having them blow up and put scalding food on them. Statement attributed to Mr. Chamberlain.

The Consumer Affairs experts falsely contend that the durability of Pyrex glass bakeware does not withstand exposure to kitchen oven heat and scratches accumulated through ordinary use and wear. These concerns are unwarranted. In fact, at temperatures below 900 degrees Fahrenheit (i.e., a temperature that is far higher than that used in cooking), there is no risk that Pyrex glass bakeware loses the strength imparted by its thermal tempering process. Therefore, it is false and highly misleading to claim that violent explosions could result from a loss of heat strengthening that, in fact, only occurs at baking temperatures that are not reachable in American kitchens.

In addition, the Consumer Affairs posting misleads consumers into believing that scratches consistent with ordinary use and wear render Pyrex glass bakeware unreliable for kitchen use. In fact, the strength imparted to Pyrex glass bakeware by World Kitchens thermal tempering process extends into the body of the glass bakeware beyond the depth of scratches that are typical of everyday glass bakeware use. Pyrex glass bakeware typically is used repeatedly and safely over many years by consumers, as is reflected in our excellent safety record.

The Pyrex posting does readers a disservice by conveying the false impression that breakage due to thermal downshock is a more significant risk to users of glass bakeware than is breakage due to impact. Quite the contrary, the statement in Consumer Affairs posting that impact resistance is not the valid issue because [w]ere not having trouble with people dropping these things is disproved by the injury reports collected by the authoritative National Electronic Injury Surveillance System (NEISS) database. These data show consumers are more likely to be injured by dropping glass bakeware than by breakage apparently caused by thermal downshock (i.e., incidents that reference an unexplained shattering or explosion of glass bakeware). The NEISS database, used by product safety experts and analysts to assess the risk of injury associated with consumer products, shows that over the past five years there have been zero to three (0-3) unsubstantiated reports per year of glass bakeware (by any manufacturer) shattering or exploding. Glass bakeware is an extraordinarily safe product when used in accordance with safety and usage instructions.

As further evidence of Pyrexs durability and excellent performance in the kitchen, World Kitchen and Pyrex have recently received unsolicited endorsements and awards. For example, Cooks Illustrated has rated the Pyrex 13 x 9 baking dish as its Favorite Pan for two consecutive years (2007, 2008) and Cooking Pleasures of the Cooking Club of America, representing 500,000 cooks, tested the Pyrex baking dish and gave it a 98% approval rating and Seal of Approval in 2008.

5. Consumer Affairs Misrepresents the Differences between Soda Lime and Borosilicate Glass Manufacturing, and Ignores the Damaging Environmental Implications of Borosilicate Glass Manufacturing.

According to Consumer Affairs August 20 Pyrex posting:

• Soda lime is less expensive to produce than a borosilicate glassIt can take a higher temperature to melt the [borosilicate] composition. Statement attributed to Dr. Day.

As noted above, soda lime glass that has been heat strengthened by a thermal tempering process is by no means an inferior composition for consumer glass bakeware relative to borosilicate glass. Yet, Mr. Enochs misleading characterization of the two compositions goes beyond even performance characteristics, by implying that because it costs more to manufacturer, borosilicate is better for kitchen use. In fact, the greater amount of energy needed to melt borosilicate, and the higher raw material cost of borosilicate, have nothing whatsoever to do with the performance and fitness of heat strengthened soda lime glass bakeware for its intended use in the kitchen. Put another way, the melting temperature necessary to manufacture Pyrex glass bakeware has no bearing on the bakewares ability to withstand temperatures consumers use in kitchens.

Consumer Affairs and Mr. Enoch also ignore the fact that, in comparison to the manufacture of borosilicate glass, the manufacture of tempered soda lime glass offers significant environmental benefits. Tempered soda lime glass requires less energy (lower temperature) to produce, results in fewer harmful emissions during production and is more recyclable than borosilicate glass. To our knowledge, all glass bakeware made for consumer use in the U.S. is made from soda lime glass.

6. Consumer Affairs Falsely Attributes Statements to World Kitchen that Were

Never Made.

According to Consumer Affairs August 20 Pyrex Posting, World Kitchens Vice President, Bryan Glancy, said:

Tempered glass has been cooled in a way that makes it shatter into small, relatively harmless cubes, rather than large, dangerous shards and thats one of the major arguments [World Kitchen Vice President Bryan] Glancy made, writing that when Borosilicate glass breaks, it yields large shards.

All World Kitchen communications with Consumer Affairs have been written and the record shows that neither Mr. Glancy nor anyone else at World Kitchen made those statements. Consumer Affairs is also wrong when it claims that World Kitchen blamed consumers in every known case of breakage reported to the company. World Kitchen recognizes that glass breaks and that broken glass of any size is sharp and could cause injury. That is precisely why World Kitchen provides comprehensive and effective safety and usage instructions with all the products it sells. These safety and usage instructions provide effective warnings against consumer misuse that could result in breakage and injury. World Kitchens safety and usage instructions are also available at its www.pyrexware.com website.

7. Contrary to its Name and Appearance, Consumer Affairs is neither a Government Agency nor a Non-Profit Organization.

In its own FAQ, Consumer Affairs acknowledges on its website that quite often viewers are confused about whether it is a government site or a non-profit. It is neither. The FAQ states that Consumer Affairs is a for-profit business that earns revenue solely by selling online advertising on its website. The FAQ further acknowledges that Consumer Affairs is hooked up with lawyers.

Consumer Affairs also states that viewers may regard the website as terribly unfair and one-sided because its role is to post mostly complaints. According to the FAQ, Consumer Affairs is not obligated to investigate the accuracy of the comments posted on the website.

These stated views of Consumer Affairs run counter to the accepted codes of ethics of journalism, which set fairness and accuracy as the standards for professional journalists. Examples of such ethical guidelines can be found at www.spj.org/ethicscode.asp and at http://www.asne.org/index.cfm?id=387.

The tentacles of the melamine-tainted milk scandal--blamed for the deaths of four children in China and the illnesses of more than 53,000 others--continue to stretch around the world.

The latest products implicated in this scare are Blue Cat Flavor drinks sold in Asian markets in the United States and Oreo wafers, Snickers, and M&M;'s imported from China to Indonesia.

The Food and Drug Administration (FDA) has confirmed it found melamine in Blue Cat Flavor Drinks. Based on those findings, the U.S. company that distributes the drinks has recalled all the 100 ml plastic bottles of the products.

Tristar Food of New Jersey distributed the drink --which is also called Lanmao-- to Asian grocery stores nationwide. The bottles have a logo of a blue cat on the back and words "blue cat" written in Chinese in on the front.

Four flavors are involved this recall--strawberry, sweet orange, pineapple, and peach.

In related news, Indonesia's Food and Drug Monitoring Agency said the snack treats Oreos, Snickers, and M&M;'s imported to their country from China have tested positive for melamine.

That agency, which also found melamine in dozens of other products, recalled the snacks.

Kraft Foods and Mars said they are surprised by the findings because the products tested negative for any melamine in other Asian countries.

"In the last two weeks, AQSIQ (the Chinese food safety watchdog) tested product samples of Mars China's milk powder suppliers and informed Mars China that all such samples were free of melamine," Mars said in a written statement. "Mars is extremely surprised about the recent announcement that tests conducted by the BPOM, the Indonesian regulatory authority, have shown that M&Ms; and Snickers products made in China contain melamine."

"Mars China does not source milk or any other ingredients for any of its products from any company which has been found to be selling melamine contaminated dairy products," the company added.

In a written statement, Kraft said, "There have been questions about the ingredients used in our Oreo products made in China. Oreo products do not contain Chinese milk ingredients, no matter where they are made or sold." That includes products in the United States, the company emphasized.

The Oreos sold in China look different than those in the United States. They are long, thin, four-layered cookies that are coated in chocolate.

Kraft and Mars said they will honor Indonesia's recall action, but will also investigate the possibility that the tainted products might be counterfeit.

Korean officials also said they recently found trace amounts of melamine in one sample of Snickers Peanut Bar Funsize snacks and one sample of M&M;'s Milk Chocolate Candies.

Officials discovered the melamine levels in the M&M;'s were 2.38 parts per million (ppm) and 1.78ppm in the Snickers bars. Those levels, they said, do not pose a health risk.

The FDA agrees. On Monday, the FDA said levels of melamine below 2.5 parts per million (ppm) in food are not risky to humans. The only exception is infant milk.

The FDA said it is "currently unable to establish any level of melamine and melamine-related compounds in infant formula that does not raise public health concerns. There is too much uncertainty to set a level in infant formula and rule out any public health concern."

"It is important to understand that this does not mean that any exposure to any detectable level of melamine and melaminerelated compounds in formula will result in harm to infants," the agency added.

These latest reports comes just weeks after Chinese officials discovered melamine in powered infant formula made it that country.

Officials learned some dairy plants may have intentionally added melamine to milk products to make them appear to have higher protein levels.

Melamine is a chemical used to make plastic and fertilizers. Doctors say melamine can cause kidney stones and lead to kidney failure.

It is blamed for the illnesses and deaths of thousands of dogs and cats in the United States last year.

In recent weeks, the melamine contamination has spread from infant formula to dozens of other food products sold around the world, including candy, coffee, and pretzels.

The FDA has beefed up its testing for melamine in products imported from China that contain milk or milk-ingredients.

Those products include candies, desserts, beverages, whole milk powder, non-fat milk powder, whey powder, lactose powder, and casein.

The FDA said it is not aware of any illnesses in the United States linked to any Chinese-made milk products.

FDA officials have also assured consumers the infant formula made in the United States is safe. Those companies are not importing formula or sourcing milk-based materials from China, the agency said.

But officials warn consumers not to buy any Chinese-made infant formula. These products are often sold in Asian markets across the country.

In recent weeks, FDA officials have inspected more than 1,800 Asian markets nationwide and not found any Chinese infant formula on store shelves.

Melamine, however, has surfaced in other Chinese-made products that contain milk or power-milk ingredients. Officials have discovered those tainted products in the United States and other countries around the world.

Meanwhile, the FDA said it will continue to screen imported products for melamine contamination.

"If products are adulterated because they contain melamine and/or a melamine-related compound, the agency will take appropriate actions to prevent the products from entering commerce," the FDA said in a written statement.