Current Events in March 2010

Toyota, the U.S. Government, and a host of private engineering firms are hard at work trying to pinpoint the cause of the reported cases of sudden acceleration that have resulted in the recall of millions of cars.

One step might be to listen to the Toyota owners who have actually experienced the problem. In recent days ConsumerAffairs.com has received an increasing number of these stories, some from consumers who experienced the incidents years ago but are only now coming forward.

Do they shed light on the problem? That's for an automotive engineer to decide. But some of the descriptions of the incidents are highly detailed and could be relevant.

"We have a 1995 Previa. In 2007, at about 93000 miles, it would accelerate on its own inside the city and on the freeway," S.J., of Michigan, told ConsumerAffairs.com this week. "It was very scary. We used to call it the rogue vehicle with a mind of its own."

S.J took the car to a dealer who replaced one of the car's two oxygen sensors. The sudden acceleration problem stopped.

"We have not had unintended acceleration for three years, S.J. said."

Oxygen sensor?

This week, thinking her Previa's problem might shed light on Toyota's current problem, she called her dealer and reminded him on the oxygen sensor fix.

"He said the problem they are discussing is different- we were not even on same page," she said.

And it should be noted that the Previa is not among the recalled Toyota models, though S.J. insists uncontrolled acceleration was a problem in her vehicle until the oxygen sensor was replaced.

Minneh of Arlington, Va., experienced a sudden acceleration incident Sunday in her 2006 Prius, so the facts are still fresh in her mind.

"I was doing a three point turn," she told ConsumerAffairs.com. "I went halfway into the parking spot, reversed to get a better angle and then engaged drive to go forward. The accelerator pedal just went loose, as if a spring had disengaged. There was no tension at all and the accelerator pedal just fell all the way down to the floor. The car lurched forward and accelerated."

Pressing the brake as hard as she could, Minneh said the car came to a stop and missed hitting the car in the next parking spot by inches. Nancy of Norlina, N.C.

Jean of Charlottesville, Va., reports similar behavior from the accelerator in her 2002 Toyota Camry.

On September 9, 2004, as I was approaching a busy intersection, as I started across 11 lanes of traffic at a green light, the accelerator left my foot and stuck to the floor," Jean said. "The brakes did not respond, and I could not downshift or use the emergency brake. It was necessary to go around traffic in the same direction by going up onto the curb. Because nursing homes were situated on both sides of the street with a senior center on the next corner, I could not risk losing power steering by turning off the ignition. I was unable to avoid shearing off a fire hydrant, a street sign, and two small trees by the time I decided to aim for a landscaped embankment at the end of one nursing home, hoping the elevation would stop the car when I turned off the ignition at impact."

Jean said she received only minor injuries and no one else was hurt, though the car caused considerable damage before crashing. Though the incident occurred five and a half years ago, she retains the memory of it in vivid detail.

15 seconds of terror

"The entire incident from the pedal's leaving my foot to impact probably took no more than 15 seconds, if that, Jean told ConsumerAffairs.com. "Toyota of North America did not respond to my letter and no local attorney would pursue the case; all I asked was replacement of my 2-year-old car with one OTHER than a Toyota, which I will never again trust."

Three other consumers mentioned their cars' cruise control when describing incidents of sudden acceleration.

"When placing my car into "cruise control" my car would accelerate until I would press on the brake out of fear to stop it," said Julie, of Worcester, Mass. "The acceleration reached speeds of 90 mph before I stopped it for the first time."

She said the same problem occurred three or four times after that. Carol of Colorado Springs, Colo., reports a similar problem.

"I purchased a 2001 Toyota Solara. The cruise control accelerates the vehicle when used. I've been unable to use that feature," she said.

Hamid of Nagasaki City, Japan, said cruise control played a role in stopping his car's sudden acceleration.

"I experienced unintended acceleration while driving on the Highway in my 2005 Toyota Prius whilst under cruise control on May 3, 2009," Hamid told ConsumerAffairs.com. "Breaking failed to slow down the vehicle as did initial cancellation of cruise control. I tried to decrease speed with cruise control stick by holding down. Switching off cruise control button and on again followed by repeated cancellation eventually worked."

In nearly every case, the consumers reporting the above incidents were driving older Toyotas not included in the current recall. But all insist they had the problem and no one at the time would listen.

But people are listening now, and it could be that the eyewitness testimony of people behind the wheel will prove useful in tracking down the source of the runaway cars.

These tires fail to conform to the requirements of Federal Motor Vehicle Safety Standard No. 139, "New Pneumatic Radial Tires For Light Vehicles." At various mileages, the subject tires may develop and exhibit tread chunking or cracking in the tread shoulder area. Tread chunks may separate from the tire casing resulting in body damage to the vehicle or the driver may lose control resulting in a crash.

Pep Boys will notify owners and replace the tires free of charge. The safety recall is expected to begin during March 2010. Owners may contact Cooper Tire Customer Relations toll-free at 1-800-854-6288 or Pep Boys at 1-800-PEP-BOYS (1-800-737-2697).

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.

As a baby boomer couple, Brenda and Gordon are yin and yang. At 49, Brenda runs marathons and loves her job as a publicist. The only medication she takes is for a hereditary thyroid condition. By contrast, her 53-year-old husband, Gordon, is overweight, has gout, high-blood pressure, and is possibly a diabetic. I worry constantly that hell die, says Brenda. In fact, if Gordon doesnt change his ways soon, doctors say he is increasing the likelihood that he will reduce his life span by as much as a couple of decades.

There is considerable talk today about living to be 100 and beyond. While that may sound like a nice number and something to aspire to, research has found that most of those surveyed didnt want to live that long. A Pew Research Group study, cited by Walter Bortz II, M.D. in his new book, The Roadmap to 100 (Palgrave Macmillan, April 2010, Randall Stickrod, co-author), discovered that only 8 percent of survey respondents wanted to live to be 100. Why? The reason is that most of us still associate that age with infirmity and a very low quality of life, Dr. Bortz suggests.

Aging is inevitable and something we all start doing from the moment we are born. The good news, according to Dr. Bortz, is that only 20 to 25 percent of how we age is genetic. But the other 75 precent? Thats up to each and every one of us and depends on behaviors that we can modify, change, or control.

Here is a summary of what experts say are the top 15 ways we can increase both the quality and the length of our lives.

1. Be active.

The number one way to extend the quality and length of life, according to Cheryl Phillips, M.D., president of the American Geriatrics Society, is physical activity. It is the most powerful thing you can do to prevent muscle loss, which happens in the advanced years and leads to falls, says Dr. Phillips. Physical activity also helps to prevent dementia and cognitive impairment, and it offsets many of the causes of depression.

Dr. Bortz agrees. Exercise is the key factor, he says. Aging is not a disease. You cant cure it but you can offset it by 30 years by being fit.

Exercise does not have to involve a gym, although that is certainly one proven way to get more activity into your day. You could walk, take the stairs instead of the elevator at work, do housework, or dance. To these Dr. Phillips adds gardening, swimming, bowling, even bird-watching. At 51, Dr. Phillips runs marathons.

2. Stay connected to family and friends, with at least one confidant.

The research into longevity and friendship has discovered that having even one close friend (or relative) to confide in could extend your life by as much as ten years. Other studies have found that being connected to friends or family helps increase survival rates following breast cancer or heart attacks. The key is to avoid isolation from social connections since that leads to depression which may be linked to dementia and is associated with a diminished quality of life. This is especially important for those who retire and lose the social ties that had come with work. Even unpaid volunteer work is better than isolation. I know a retired 86-year-old educator who has been working as a tutor one day a week for more than 25 years. It helps him to stay connected.

3. Take care of your teeth.

Floss your teeth, brush them twice a day, and get regular dental checkups. Those simple actions can actually extend your life. Periodontist Dr. Sally Cram explains that untreated gum disease can cause inflammation and infection which puts you at greater risk for a heart attack or a stroke. Thats because the bacteria from your mouth causes an inflammation or thickening of the blood vessels. Signs that you have gum problems include bleeding gums, red gums, gums that are sore, loose teeth, or receding gums.

4. Get enough sleep.

Whether you need eight hours of sleep, or six, getting enough rest for your body and mind could save your life. Falling asleep at the wheel while driving or at work could lead to accidents or fatalities. Lack of sleep has also been linked to obesity, a key factor in shortening your life. Sleep is fundamental to restoring our minds and bodies. How much sleep you need varies from person to person. To determine how much sleep you need, pick a time when you do not need to wake up such as on the weekend. Do not set the alarm clock. Note how many hours you sleep when you wake up naturally. That will tell you how many hours of sleep your body needs. Then adjust your evening behavior during the week to match the number of hours you really need.

5. Keep your weight within the normal range, and eat fruits and vegetables.

Research posted on The Obesity Society website shows that being overweight is one of the major risk factors in shortening life, as well as being linked to diabetes, heart attack, cancer, osteo-arthritis, sleep apnea, hypertension and mobility issues. Losing weight, and keeping it off, will also have a positive impact on the quality of your life. For help in your weight challenge, work with your doctor or find a nutritionist to help you develop a food plan that you can follow. You could also join one of the many weight loss and maintenance programs that include regular weigh-ins and monitoring of your progress.

Your parents told you to eat your fruits and vegetables when you were growing up. Turns out, they were right (at least about that!). Living longer is more likely if you eat more fresh fruit and greens. The Okinawa study of 900 octogenarians in Japan found they ate seven daily servings of fruits and vegetables. That same study also found that they practiced a way of eating known as hara hachi bu, which means eating only until you are 80% full.

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About Jan Yager

These tires fail to conform to the requirements of Federal Motor Vehicle Safety Standard No. 139, "New Pneumatic Radial Tires for Light Vehicles." At various mileages, the subject tires may develop and exhibit tread chunking or cracking in the tread shoulder area. Tread chunks may separate from the tire casing resulting in body damage to the vehicle or the driver may lose control resulting in a crash.

TBC will notify owners and replace the tires free of charge. The safety recall is expected to begin on or about March 15, 2010. Owners may contact Cooper Tire Customer Relations toll-free at 1-800-854-6288 or TBC Corporation at 1-800-739-7698.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.

The suit, originally filed in 2004, concerned Listerine commercials claiming that a quick, easy rinse with Listerine Antiseptic twice a day is actually as effective as floss. Those clinically proven claims were based on two studies conducted by the American Dental Association, which showed that twice-daily Listerine use actually reduced plaque and gingivitis more than old-fashioned flossing.

While both studies met the ADA's scientific criteria for bona fide research, they were also funded by Pfizer, which just happens to be the company that makes Listerine. And the Listerine website, which echoed the TV commercials, took pains to point out that Listerine is not a replacement for floss.

The class apparently agreed, and filed suit alleging breach of warranty, false advertising, and fraudulent business practices. The suit was brought on behalf of all persons who purchased Listerine with labels that state 'as effective as floss,' in California, from June 28, 2004 through January 27, 2005.

The Court of Appeal for California's Second Circuit, however, ruled that the class definition was overbroad, since many class members, if not most, were never exposed to the alleged misrepresentations and are not entitled to restitutionary disgorgement. The court noted that of 34 different Listerine mouthwash bottles, 19 never included any label that made any statement comparing Listerine mouthwash to floss.

Two strikes

It was actually the second time that the court decertified the class. The California Supreme Court sent back an earlier decertification order with instructions to reconsider in light of a recent landmark case, In re Tobacco II.

That case held that a class of smokers was properly certified since cigarettes were marketed as part of a massive, sustained, decades-long fraudulent advertising campaign. The Listerine court held the tobacco ruling inapplicable, since the present action only applied over a six-month period and the undisputed evidence shows many, if not most, class members were not exposed to the 'as effective as floss' campaign.

The court went on to hold that even lead plaintiff Steve Galfano was unqualified to represent the class, noting that Galfano testified that he did not make his purchase based on any of the four television commercials or other ads. And although Galfano bought Listerine due to the bottle's red label which he recalled said 'as effective as floss,' many labels also advised consumers to continue flossing, so Galfano couldn't say that his experience was representative of the class.

Even without Galfano's suit, though, the law may have had the last laugh regarding Listerine's campaign. In early 2005 -- just before Galfano filed his suit -- Judge Denny Chin of New York ordered the company to stop the ads, noting that substantial evidence suggests that no amount of mouthwash can replace daily flossing.

Dentists and hygienists have been telling their patients for decades to floss daily, Chin wrote in his order. They have been doing so for good reason. The benefits of flossing are real -- they are not a 'myth.' Pfizers implicit message that Listerine can replace floss is false and misleading.

March 5, 2010
New Jersey has a law prohibiting drivers from texting or talking on their cell phones while behind the wheel, but it's clear many have not gotten the message.

The evidence is in the number of tickets state police officers have written over the last two years. In the past 23 months, 224,725 citations -- an average of 9,770 a month -- have been issued to motorists for violating the state's cell phone law.

"We are making progress in our efforts to ensure that all motorists are aware of the consequences they face if they choose to talk on a cell phone or text while driving," said Pam Fischer, New Jersey's Director of the Division of Highway Traffic Safety. "Our work is far from done, though. Any cell phone conversation while driving, whether hand-held or hands-free, is distracting and dangerous, and can result in crashes, injuries, and in some cases the loss of life. For the safety of all roadway users, we must hang up and just drive."

At least 1.4 million crashes nationwide are caused each year by drivers talking on their cell phones, while a minimum of 200,000 crashes are caused by drivers texting behind the wheel, according to the National Safety Council.

In New Jersey, since 2008, there have been 3,610 crashes involving a motorist using a hand-held cell phone, resulting in 1,548 injuries and 13 deaths. During the same time period, 3,129 crashes involving the use of a hands-free device resulted in 1,495 injuries and 6 fatalities.

"These numbers are staggering, but perhaps even more disturbing is the number of crashes involving cell phone use and texting that go unreported," Fischer said. "We know that many drivers involved in a crash don't admit to these behaviors, which means that the actual number of cell phone-related crashes in New Jersey is much greater."

New Jersey's primary cell phone law went into effect on March 1, 2008. Motorists violating New Jersey's law face a $100 fine plus court costs and fees.

"The New Jersey Chiefs of Police are committed to enforcing our state's laws that help to ensure the safety of the motoring public on our roadways. Distracted driving by the use of cell phones decreases traffic safety, and is a violation of New Jersey's law. We encourage the motoring public to drive responsibly and respect the motor vehicle laws of our state," said Robert A. Coulton, President of the New Jersey Chiefs of Police Association.

Driving while texting increasing

A Fairleigh Dickinson University PublicMind Poll on driving behaviors conducted last year and co-sponsored by the Division of Highway Traffic Safety, found that the number of New Jersey drivers who said they sent text messages while driving increased by 40 percent between 2008 and 2009, the first year the ban was in effect.

In addition, 57 percent of those drivers under the age of 30 said that they have texted while driving, up six percent from 2008, while more than one in four drivers aged 30 to 44 said they have sent a text message, up eight percent from the previous year. Twelve percent of motorists between the ages of 45 and 60 said they have also sent text messages while driving.

"While the state's motor vehicle fatality rate continued to fall for the third consecutive year, there are still far too many people engaging in unsafe driving behaviors, including talking and texting, that contribute to a dangerous and often tragic situation on our roads," Fischer said. "If we're to reach our goal of zero fatalities, every driver must take personal responsibility for his or her actions behind the wheel, and make a commitment to safety."

To read the headlines, one would think the problem with cars suddenly accelerating on their own is a problem recently discovered in late model Toyotas. But reports of these occurrences have been around for years, and involved many cars other than Toyotas.

"I got into my car and turned on the ignition. I put the car in reverse. The car rocketed backward into a telephone pole," Terri Moore, of Seattle, reported to ConsumerAffairs.com back in 2005.

And it should be noted that Terri was not driving a Toyota, but a Saturn Vue. At the time, we reported that more than 20,000 consumers had complained to the National Highway Traffic Safety Administration (NHTSA) of sudden acceleration since the late 1980s, when more and more vehicles were being outfitted with electronic-based controls.

In the incident described above, Moore said she put the car in drive and tried to inch away from the telephone pole she had hit, only to have the car rocket forward. NHTSA investigated many of the incidents like Moore's and concluded it was the drivers' fault. Drivers mistakenly stomp on gas pedals instead of the brakes, the agency ruled at the time.

Sorry, can't recreate the problem

"The research I have done indicates the NHTSA cannot recreate the problem," Moore said. "So NHTSA has concluded there is no problem. In the meanwhile, people are getting injured and killed."

After launching an investigation of reports of sudden acceleration in Toyotas during the early 2000s, NHTSA reported in 2004 that it was unable to find a cause for the problem. The agency said it analyzed many of the cars involved in the mishaps and found nothing abnormal with the throttle controls.

Interestingly, the 30 Toyota incidents NHTSA investigated for its 2004 involved Toyota Camry and Lexus ES models, which are among those now being recalled. Once again NHTSA pointed to the driver. The agency said sudden surges are sometimes caused by drivers who are unfamiliar with their new vehicles.

Also in 2005 Ross, of West Hollywood, reported a similar problem with his 2001 Ford Expedition, and said he got a similar shrug from the dealer.

'Jumps like a bull'

"The car, when stopped at an intersection or stoplight, will without warning, feed an unprecedented amount of gas to the engine ... The car jumps forward like a bull waiting to get out of the gates. I have my foot on the brake when this happens so I know I am not stepping on the gas. Even with my foot on the brake, the power of the engine dominates the brakes and the car jumps forward anywhere from 1 to 10 feet," Ross said.

"The fourth time it happened was severe and the car almost hit a much smaller car in front of me. If I hit them, they could have hit the pedestrians in front of them. I had a passenger and after this occurred he insisted on getting out of the car and would not ride with me again in that car," he said.

Ross said the dealer could find nothing wrong.

"They do not seem concerned that they are forcing a dangerous car back on the road. They only seemed concerned with their payment and giving me back the car," he said.

In 2008 more than 400 consumers complained to NHTSA about unintended and sudden acceleration in the Tacoma pickup. Reports to the agency documented 51 crashes and 12 injuries.

Picking on Toyota?

Nevertheless, Toyota complained in a letter to the agency that the Tacoma is the focus of hostile media coverage as well as consumers exaggerating their problems.

"Toyota believes that it is likely that many of the consumer complaints about the general issue of unwanted acceleration as well as many of the complaints about this subject that have been received by Toyota were inspired by publicity," the automaker wrote NHTSA in the 2008 letter.

Toyota suggested in the letter to safety regulators that consumers are overstating the unintended acceleration problem with the Tacoma, which the automaker described as minor engine speed changes. But a ConsumerAffairs.com reader and Toyota Tacoma owner in Weaver, Alabama reported a different story. "It was jumping forward toward my house at every engine turn. I pushed in the clutch and took out the key," he said.

Acceleration is controlled in the Tacoma by a drive-by-wire system with a computer replacing the traditional linkage between the accelerator pedal and the engine throttle-body which injects the fuel required for acceleration.

Toyota claimed the Tacoma computer can capture an error report if accelerator pedal and throttle are not working properly and the automaker said no error codes have turned up in vehicles inspected by Toyota technicians.

Prius problems

Toyota's popular hybrid, the Prius, has also been the source of numerous sudden acceleration complaints since the mid 2000s. In 2006 ConsumerAffairs.com reported the case of a Prius lunging out of control on a Michigan highway. At the time, the incident was the second known incident involving uncontrolled acceleration in the Prius. The driver of the 2005 Prius, Herbert of Battle Creek, Michigan, reported speeding up while passing a slower vehicle on the highway. The problem began after he passed the slower car and tried to slow down.

"I let off the accelerator and pressed the brakes several times, but the vehicle continued to accelerate under full power," Herbert said at the time.

Toyota recalled the Prius hybrids to examine the software and reported no anomalies. Yet, the reports from drivers continued to arrive at ConsumerAffairs.com. And two years later, the Office of Defect Investigation, a division of NHTSA, investigated a similar uncontrolled acceleration report in the 2008 Toyota Sienna.

"The Complainant reported that he applied the accelerator pedal to accelerate the vehicle and experienced unwanted acceleration upon release," ODI reported on its Web site.

Not just Toyota

While Toyotas have figured prominently in reports of sudden acceleration over the years, other models have also been affected.

"My wife pulled our 2004 V8 Jeep Grand Cherokee, into the day care to pick up our toddler and put the gear in park after coming to a stop," Vasanthi, of San Jose, Calif., wrote in March 2009. "The Jeep suddenly accelerated and shot forward, with her foot tightly on the brake, and went over a concrete block, through a fence and into the yard on the other side."

ConsumerAffairs.com has received sudden acceleration complaints over the years from a wide range of makes, including Kia, Jaguar, BMW and Ford. In fact, a December 2009 analysis of NHTSA complaints by Consumer Reports found Ford produced the second largest number of sudden acceleration reports after Toyota.

According to the latest Food and Drug Administration (FDA) Health and Diet Survey, more than half of consumers often read the food label when buying a product for the first time. These consumers are also increasingly aware of the link between diet and heart disease.

In its 2008 telephone survey, the tenth since 1982, FDA interviewed more than 2,500 adults in every state and the District of Columbia. The most recent previous surveys were conducted in 2002 and 2004.

Linking diet and heart disease

Among the highlights of survey findings in regard to how diet affects health:

• More U.S. consumers know of the relationship between diet and heart disease. Ninety-one percent knew of this link, an 8 percent jump from 2002. In addition, 62 percent of consumers mentioned fats as a factor related to heart disease, compared with 53 percent in 2002.

• Eighty-one percent of consumers know that certain foods or drinks may help prevent heart disease or heart attacks. This result showed no change from 2002. While fruits and vegetables were most frequently linked with reducing heart disease, fewer people made this link in 2008 than in 2002.

• Consumers' awareness that trans fats in the diet may raise the risk of heart disease nearly doubled over just four years, from 32 percent in 2004 to 62 percent.

• Correct identification that omega 3 fatty acids may lower the risk of heart disease increased, from 31 percent in 2004 to 52 percent in 2008.

• Knowledge that saturated fat may raise the risk of heart disease was stable: it was 74 percent in 2004 and 73 percent in 2008.

Evidence of the link between eating habits and heart disease has been around for a long time.

Food label highlights

Findings in regard to food labels include:

• More than half (54 percent) of consumers said they read a product's label the first time they buy the product. That's a ten percent increase from 2002.

• Among those who in 2008 reported they read the nutrition label the first time they buy a product:

• Two-thirds use the label "often" to check how high or low a food is in calories and in substances such as salt, vitamins, and fat

• 55 percent "often" use the label to get a general idea of the food's nutritional content

• 46 percent "often" use the calorie information on the label. Thirty-four percent rarely or never use the calorie information

• Thirty-eight percent of consumers said they use nutrient content claims (such as "low fat," "high fiber," and "cholesterol-free") "often"; 34 percent answered "sometimes."

• When asked if they refer to the label claim of "0 grams of trans fat," 31 percent said "often" and 36 percent said "sometimes."

Eating habits

The survey also examined eating habits. Among findings in that category were that 54 percent of consumers reported eating breakfast seven days a week, while eight percent said they skip the meal every day. In contrast, 86 percent said they eat dinner seven days a week, while one percent said they always skip it.

FDA's Center for Food Safety and Applied Nutrition has posted findings from the survey, as well as a related fact sheet, on its Web site.

What those with heavy credit card debt need to do now, according to the Association of Independent Consumer Credit Counseling Agencies (AICCCA), is take advantage of the CARD Act protections and pay off those high credit card balances.

"The CARD Act is a great incentive for consumers to pay down credit card debt," said Dave Jones, AICCCA president. "Monthly payments will be applied more equitably and interest rates should remain more consistent, which will allow consumers to pay less in interest charges and more toward paying down principle balances."

AICCCA offers these four tips for wise credit use now that the CARD Act is law:

• 1. Stop using credit to extend your income. Decrease your spending or increase your income to begin living within your means. Adding to your credit balances every month is a vicious cycle that is difficult to break, but it is essential for financial well being to do so.

• 2. Pay down existing card balances quickly. Take advantage of the new provisions of the CARD Act and make a concerted effort to get your balances paid. If you have any cash-advance balances with high interest rates, your payment will be applied to that portion of your balance first, saving you money in interest charges.

• 3. Read all your mail from card issuers. Card issuers may make changes to existing cardholder agreements after the CARD Act goes into effect. Watch for changes to your current cardholder agreement including initiation of an annual fee, a change from a fixed-rate to a variable rate interest rate and/or new fees for an inactive account or to receive a paper statement.

• 4. Opt out of any changes you don't want. You can opt out of any proposed changes to your current cardholder agreement. Your account will be closed and you can pay off any balance under the original cardholder terms.

While the CARD Act does help level the playing field to a certain extent, it is important for consumers to know what it will and will not do.

But a lawsuit filed on Tuesday says there's a dark side to the supplements that most consumers aren't aware of: many of them dangerously high levels of PCBs, a chemical linked to birth defects and several types of cancer.

The plaintiffs, led by the Mateel Environmental Justice Foundation and two environmentalists from New Jersey, tested 10 brands of fish oil supplements and found varying levels of PCBs in each; the highest level was 850 nanograms, and the lowest only 12.

But the 10 brands all had something in common: they all contained some level of PCBs, which puts them all in violation of California's Proposition 65. That law, enacted in 1986, requires manufacturers to warn consumers of exposure to any detectable amount of a listed chemical, including PCBs.

PCBs are a class of organic compound that were once common in coolant and certain electrical equipment. PCPs were banned by Congress in 1979 -- and by U.N. Treaty in 2001 -- due to their link to melanoma, liver cancer, and brain cancer, among others. Despite their three-decade hiatus from production, PCBs are still present in waterways and, unsurprisingly, in the fish that inhabit them.

Indeed, eating fish is the most common route of exposure to PCBs.

An EPA estimate from 2000 says that eating certain kinds of fish from the infamously PCB-contaminated Hudson River raises the risk of developing cancer to one in 2,500, an amount 1,000 times higher than the EPA's target level. And according to the California Office of Environmental Health Hazard Assessment, PCBs in fish can reach levels hundreds of thousands of times higher than the levels in water.

Whether the suit has any significant effect on fish oil sales remains to be seen. Omega-3, the supplement's purportedly beneficial ingredient, is said to reduce the risk of everything from heart disease to depression to Alzheimers.

Among the defendants are Omega Protein the world's biggest producer of fish oil supplements General Nutrition Corp, Now Health Group Inc, and CVS and Rite Aid, which sell the supplements.

The Council of Responsible Nutrition, which describes itself as the leading trade association representing dietary supplement manufacturers and ingredient suppliers, jumped on the suit as ill-informed and misguided.

PCBs are ubiquitous within the environment, which means that all fish -- whether fish found in oceans and rivers or fish oil supplements -- contain at least trace amounts of PCBs, said Andrew Shao, a Senior Vice President of CRN. Shao said that the plaintiffs are attempting to frame this as a public health concern, when in reality, fish oil has enjoyed decades of safe use.

Pharmavite, another fish oil supplement manufacturer named in the suit, said that the magnitude of the science supporting the benefits of consumption of fish oil far outweighs the results of this extremely limited investigation.

Have Toyota's record recalls solved its sudden acceleration problem? Maybe not.

The National Highway Traffic Safety Administration (NHTSA) is contacting Toyota owners who have taken their cars to dealers to undergo the prescribed repair and so far, 10 consumers have reported the fix hasn't ended the problem.

NHTSA made it clear the reports have not been verified but said the agency would follow up. It also said it would continue to communicate with owners of affected Toyotas.

"If Toyota owners are still experiencing sudden acceleration incidents after taking their cars to the dealership, we want to know about it," said NHTSA administrator David Strickland.

Toyota's answer to the sudden acceleration problem in a number of its most popular models has been to modify the accelerator pedal, whose design, it determined, could cause it to stick. In the U.S., Toyota has recalled more than six million vehicles and, to date, says it has made the repair to more than one million.

Denies electronic cause

Originally the company blamed the problem on floor mats, which it said could slide up and depress the accelerator pedal. The company has adamantly insisted the problem is not caused by the electrical system, but suspicion from drivers and government officials alike has leaned in that direction.

Transportation Secretary Ray LaHood announced last month that NHTSA engineers were investigating the cars' electronics as a possible source of the problem.

The Los Angeles Times reported Wednesday that several of the new complaints involved Camry Sedans. The paper said the owner of a 2009 Camry reported a sudden acceleration problem two days after the repair. A 2010 Camry owner reported the problem five days after the repair.

If more repaired Toyotas experience verified cases of sudden acceleration, the pressure will build on both the carmaker and government safety regulators to find the cause. NHTSA is already at work.

Test car

The agency announced that it has purchased the Toyota-made Lexus ES350 formerly owned by Rhonda and Eddie Smith, who testified before Congress last month about an unintended acceleration event that Rhonda Smith reported she experienced while driving the car in 2006.

The car was sold with 3,000 miles on it several years ago, and NHTSA has now acquired it with approximately 30,000 miles on the odometer. The Smiths' former car has been taken to NHTSA's Vehicle Research & Test Center in East Liberty, Ohio, where it is now being studied.

"Safety is our top priority," said LaHood. "NHTSA will thoroughly examine the Smiths' car as we work to get to the bottom of possible causes for sudden acceleration."

Toyota owners have complained to ConsumerAffairs.com about sudden acceleration for years, including in older models not covered in the current recall. The complaints continued this week.

"I have a 2004 Toyota 4-Runner. I have been watching and so far it is not on any recall list," Doreen, of Ellensburg, Wash., told ConsumerAffairs.com Wednesday. "My husband usually drives the car, but I myself know of three times that the accelerator has stuck even while hitting the brakes. I feel the car needs to be recalled."

Tip of the iceberg?

Is it possible that, not only have investigators not found the source of the problem, but the Toyota recall is just the tip of a safety iceberg. Consider this.

In December an analysis of NHTSA's complaint database showed that, of all the reports of sudden acceleration, 40 percent involved Toyota of Lexus models. While that's a lot, it means that 60 percent of the sudden acceleration complaints were about cars made by manufacturers other than Toyota.

A Boca Raton, FL., man has been sentenced to 20 years in prison in connection with the marketing of a purported weigh loss product.

U.S. District Court Judge Kenneth A. Marra sentenced Frank Sarcona, a/k/a Frank Sarcone, a/k/a Dave Johnson, 58, for conspiracy to commit mail and wire fraud, and criminal contempt of court; conspiracy to commit money laundering; and multiple counts of substantive mail fraud, wire fraud, money laundering, misbranding of a food, and criminal contempt of court.

Sarcona defrauded more than 130,000 customers out of more than $7 million by claiming that the product, Lipoban, was sold in conjunction with a medical facility and clinical test.

According to court documents and statements made in court, Sarcona marketed Lipoban through newspapers, national magazines, the Internet and direct mail solicitation. Millions of letters were mailed to consumers across the U.S., inviting them to participate in what Sarcona termed "a restricted nationwide test" of a new product that would promote large weight loss without diet and exercise.

The ads created the false impression that a study was being conducted in conjunction with a healthcare clinic, the Lipoban Clinic, and that those who purchased the product would participate in that study. Virtually every customer was told that he/she was test participant #731.

Included in the mailings was a letter from Dr. Joseph Maya, the purported medical director of the Lipoban Clinic. The printed material falsely contained the statement that the "clinic" had a team of weight loss and nutrition professionals. In addition, a newsprint insert included in the mailing falsely claimed that a New York cardiologist endorsed Lipoban.

In fact, evidence introduced at trial showed the "clinic" was located at the residence of a co-defendant and later at an office in an industrial park. Dr. Jose (not Joseph, as stated in the material) Maya Behar was not licensed to practice medicine in the U.S., but only in Mexico. Dr. Maya never came to the "clinic" or performed any services for the clinic.

The "clinic" was not conducting any study nor were there weight loss and nutrition professionals on site. Further, the referenced cardiologist never endorsed Lipoban and stated that diet and exercise was essential in any weight loss program.

Sarcona funneled the monies he received from the scam into the bank account of a defunct corporation he maintained solely for personal use. Thereafter, large sums of money were withdrawn as cash or transferred into other accounts in the name of a nominee. Sarcona was given a signature stamp so that he could write checks on those accounts, and used some checks to purchase valuable real estate in the U.S. Virgin Islands.

In 1999, U.S. District Court Judge Ferguson issued a final injunction (FTC v. SlimAmerica, Frank Sarcona et. al.,) prohibiting Sarcona from engaging in deceptive sales and marketing practices because of his sale of another weight loss product. Almost immediately after the injunction was issued, Sarcona started the marketing and sale of Lipoban, using the name Dave Johnson to hide his identity.

A special Web site has been established to handle victims' requests for restitution.

The SlimAmerica scam is just one example of how consumers get ripped off by weight-loss fraud perpetrators.

Barb from Mechanicsburg, PA, tells ConsumerAffairs.com that she ordered a $200.00 kit from globalweightlosscure.com. She says when she printed out the confirmation record, "there was NO INFORMATION WHATSOEVER, no phone number, address, tracking number, nothing. I emailed them constantly using the 'contact us' form with no reply, even gave them more than one email address and checked my spam. My credit card statement had the number they gave, which turns out to be fraudulent, it doesn't exist."

"Returned Weight Loss book purchased from Kevin Trudeau within 30 days of receiving it," writes Alfred from Claremont, NH. "Have not received the promised refund. This was a year ago. Saw his new commercial for his Debt Cures book so called again. After many phone numbers later, we gave up trying to reach a customer service rep."

Natasha of Madison, TN, reports ordering the Fluidity Bar and 3 Fluidity workout videos. Purchase cost of 239.70, paying in 6 payments of 39.95 (Total cost with 10 priority processing fee & 49.95 shipping is 299.65). "I received my Fluidity Bar a few weeks later from the ordering date," she tells ConsumerAffairs.com, "but the 3 workout videos were not included. I immediately called customer service and to advise that I did not receive the 3 workout videos and the order was placed to have videos sent with no cost to me. My account has been charged 3 of the 6 payments to date, and to date I have still not received the videos."

The federal government continues its efforts to crack down on unscrupulous marketers of weight-loss products, and from time-to-time even scores a victory.

The pitchmen claim you can eat all your favorite foods and still lose weight, by sprinkling the product onto your meals and snacks. You can "safely and effectively lose weight without feeling deprived," the product's Web site claims.

What is the principle behind Sensa? According to the Web site, a so-called Sensa "Tastant" helps trigger your "I feel full" signal, so you eat less and feel more satisfied. The company reasons that because Sensa works with your body's natural impulses, rather than against them, there are no feelings of hunger or intense cravings.

From what the people who have contacted ConsumerAffairs.com have told us, it's hard to know how well -- or if -- Sensa really works.

R. of Mountain View, CA, writes, "ordered their trial offer for Sensa in Oct. 2009 and never received it. Also they have never responded to my inquiries as to why? I lost a little bit of money; I don't think companies should be allowed to slide by on this type of scam behavior. This was my first on-line purchase. Unfortunate."

"I ordered a trial sample of this product for $4.99," Phillip of Hagerstown, MD, tells ConsumerAffairs.com, "but was unaware I would be charged an exorbitant price later for the initial portion of the product. Once I had received the first batch, I was informed -- at the bottom of an e-mail -- that I would have to send it all back within 30 days, or I would be charged an additional $89. There was no money back guarantee, so by the time I was able to try the product properly, it was too late to get a refund. There was no mention of the $89.99 charge when I ordered the trial package."

Asking the experts

Writing on the MayoClinic.com Web site, dietitian Katherine Zeratsky says "the jury is still out" on the question of whether scent-based weight-loss products such as Sensa can lead to significant, sustainable weight loss.

She notes that the developer of Sensa, Alan Hirsch, M.D., says proof of its effectiveness comes from a six-month study he conducted in which participants lost an average of 15 percent of their body weight. However, the study did not look at whether participants were able to maintain the weight loss.

"It makes more sense," Zeratsky concludes, "to skip the scents and focus on what's proven to work: reducing the calories you consume and increasing the calories you burn through exercise."

The ABC-TV news program 20/20 quotes Dr. Pamela Peeke, a clinical professor of medicine at the University of Maryland and the host of "Fit for Life," as saying, "there is no scientific proof that Sensa works."

"There's no magic bullet and there's no magic sprinkle," she told 20/20 . "This isn't a diet. This is just another pet rock."

Andrea Giancoli, the school nutrition policy coordinator for the Los Angeles Unified School District, and a spokeswoman for the American Dietetic Association, says Sensa "could be promising and very interesting," but adds "there's been no clear answer at the moment."

Giancoli tells ConsumerAffairs.com that because of this nation's obsession with weight loss, a product doesn't really have to be proven effective. "People are so eager for any kind of weight loss technique that might work, that they're willing to buy it whether there's any research or not about it."

What it comes down to she says, is that the maker of a weight loss product doesn't have to show that it works over the long term "because people are going to buy it anyway."

Nissan says the affected modles may have problems with brake pedal pins and fuel gauges. The company says it discovered a production error in the brake pedal pin, which could cause the pedal to disengage. It said it had three reports of that happening, but no reports of injuries.

The fuel gauge problem could cause the affected vehicles to incorrectly indicate the amount of fuel remaining in the tank. Renee, an Xterra owner from Everett, Wash., knows the problem all too well.

"We have a 2005 Nissan Xterra and am having the same fuel sensor issue as so many others," she told ConsumerAffairs.com last month. "We fill up and the gas gauge does not register."

And that's not the only problem, she says.

"The check engine light is on and this causes us to not pass emissions until it is fixed, which is a $600.00-plus issue since the gas tank needs removed to fix it."

Models affected by the pedal pin recall are the Infiniti QX56 SUV, Titan pickup truck, Armada SUV and Quest minivan. The Frontier pickup truck, Pathfinder and Xterra SUV may have the fuel gauge problem.

The overwhelming number of the recalled vehicles are in the US, with the rest in Canada, Mexico, and other international markets.

"Some unscrupulous companies take advantage of consumers' desires to get a good deal on travel," said Ohio Attorney General Cordray. "They offer 'free' vacations, cheap flights and other perks, but when consumers try to cash in, the companies invalidate the offers or simply stop responding. It is important to watch out for these deceptive bait-and-switch tactics."

In fact, the word "free" is often a tip-off that the item being pitched isn't quite on the up and up. No matter what they tell you, marketers don't make any money when they give something away free, which is why they hardly ever do it.

Cordray says that in the last two years he has received nearly 300 complaints about travel clubs and travel agencies. One consumer said she attended a sales presentation from a vacation company that promised her three days to cancel. She paid $2,500, but when she tried to cancel, she said the company ignored her calls and never refunded her money.

Another consumer said he signed a two-year membership with a travel club that promised travel amenities, including lodging, food, gas and entertainment. Despite paying $2,900 and following all the rules, the consumer said he never received the promised benefits.

Last September, Florida Attorney General Bill McCollum sued Suncoast Incentives LLC, saying its offer of a travel club with unlimited free travel was nothing but a scam. McCollum charged the company enticed victims to purchase travel club memberships for thousands of dollars, but failed to provide the incentives advertised. McCollum says his suit was prompted by the more than 500 consumer complaints his office received.

Victims received advertisements for sales seminars that featured images of various commercial cruise ships. The advertisements encouraged consumers to attend the seminars and receive a free cruise. Once at the seminars, consumers were allegedly told they would never have to pay retail price for travel again if they joined the travel club. Membership fees ranged from $2,495 to $7,495, and annual renewal fees ranged from $199 to $249.

Here are some suggestions that will help you stay out of trouble when booking travel:

• Check companies' reputations before you pay. Search a travel company's name on the Attorney General's and Better Business Bureau's Web sites to see if other consumers have filed complaints against the company. Check with the Ohio Secretary of State to make sure the company is registered to do business in Ohio.

• Be skeptical of postcards, phone calls and e-mails that promise a free vacation. Businesses may use giveaways to persuade consumers to call and then pressure them into buying an over-priced package or travel club membership. You may be able to find better deals with a local, reputable travel agent. Other times, you will be able to save money by booking your own flights and hotel reservations through the Internet or telephone.

• Don't give in to high-pressure sales tactics. If you attend a sales presentation, you may be encouraged to make a purchase on the spot. Instead, insist on time to think about the deal and do not make a payment until you have all the information you need to make a decision. Don't do business with companies that make you feel uneasy or rushed.

• Guard your personal financial information. Don't give your debit card or credit card number to a company you don't know or don't trust. Some consumers report travel clubs that make unauthorized withdrawals from their accounts or refuse to let them cancel their contracts.

• Read the fine print. A travel club contract may include annual fees, maintenance costs or other unexpected charges. To avoid surprises, read the contract to find out exactly how much the membership will cost and how you can cancel it. Look for exclusions or conditions that will limit your ability to get a refund.

• Get everything in writing. Make sure all verbal promises are put into a written contract; otherwise, they are not guaranteed. If a company refuses to put an agreement in writing, don't sign the contract.

• Pay with a credit card. When you pay with a credit card, federal law allows you to dispute unauthorized charges of more than $50 with your credit provider. You may not have the same protections if you pay with a debit card.

Hoping to encourage window sellers to be transparent in their marketing, the Washington State attorney generals office reached a settlement this week with Mukilteo-based Penguin Windows.

Our case alleged that Penguins claims just didnt fly, said Assistant Attorney General Jack Zurlini. Our agreement sets out in black and white the acceptable marketing practices in the window sales industry and those bad practices that will put companies on thin ice.

In its complaint, the attorney generals office accused Penquin of misrepresenting its products, making false claims about the energy savings customers would achieve, and misleading consumers into thinking that the in-home appointments they set up with Penguin were something other than sales calls.

Penguin denied any wrongdoing as part of the settlement filed in King County Superior Court but agreed to restrictions on its marketing tactics.

Penguin Windows also does business as Statewide Energy Systems, Statewide Home Improvement, Statewide Vinyl, Statewide Windows and Statewide Window and Siding.

The states complaint says Penguins advertisement claims that its windows would save homeowners at least 40 percent on their monthly heating and cooling bills are false and that Penguin had no reasonable basis to support them. The attorney generals office alleged that the companys practice of asking homeowners to sign a letter agreeing not to cancel the sale interferes with a law that gives customers three business days to cancel a sale made during an in-home presentation.

Penguin agreed to terms that include prohibiting it from making misrepresentations to gain entry into a home, failing to substantiate advertising claims, interfering with cancellation rights and continuing in-home sales presentations after a customer has clearly stated that he or she wishes it to end.

The attorney generals office agreed to suspend $25,000 in civil penalties provided Penguin abides with consumer protection laws in the future. The company will pay $95,000 in attorneys fees and legal costs.

The case is similar to one the AG settled in September 2009 with Evans Glass, of Seattle. The offices Consumer Protection Division sent letters to more than 30 window and home siding installation businesses last fall, as part of an effort to educate them about high-pressure pitches, inflated prices and fraudulent endorsements that are illegal and have the potential to damage the industrys reputation.

Consumer Watchdog, a Santa Monica-based nonprofit, filed the class action in Ventura County Superior Court on Monday. The complaint says that Anthem, California's largest for-profit health insurer, used enormous rate hikes to force patients into lower benefit and higher deductible health coverage in violation of state law.

Lead plaintiffs Mary Feller and Randy Freed both received letters from Anthem telling them that their policies were no longer being offered to new customers and that, as a result, their premiums would significantly increase. As a consolation, Anthem assured them that they could switch to any Anthem Blue Cross individual health plan with no underwriting required.

Unfortunately, all of the alternative plans available to Feller and Freed had some combination of higher premiums, higher deductibles, and/or inferior coverage compared to their canceled plans.

Rate hikes led to death spiral

The suit alleges that Anthem's actions -- closing certain health plans to new customers without providing comparable coverage to existing members -- illegally trap those existing customers in their too-expensive policies and lead to the dreaded insurance death spiral.

That term refers to the phenomenon whereby rates go up, forcing consumers out of their current plans, which leads to a smaller pool of customers and, predictably, another rate hike. A 1993 California law prohibits insurance companies from putting customers in this situation.

Still, Jerry Flanagan, a health advocate with Consumer Watchdog, says that the practice is all too common.

It's a very profitable practice, and what we know is the insurance industry is very focused on short-term returns, Flanagan said.

Double-digit rate increases

The Fellers saw their rates jump 39%, pushing their annual premium from around $14,000 to nearly $20,000. Their 26-year-old daughter, a breast cancer survivor, also saw a 38% spike in her coverage costs.

Blue Cross has a gun to our heads, Feller said. We could either stay with our old coverage or switch to a new policy with much lower benefits. What Blue Cross did not tell us was that staying with our better policy would mean a 39 percent rate increase.

Feller's family is paying almost $25,000 a year in premiums, more than the mortgage on their home in high-end Marin County, California.

I think for the first time, we're really scared that we're going to be without health insurance, Feller said.

Ironically, Anthem's announcement last month that it would be raising premiums to as high as 39% is credited with reigniting the push for health care reform. President Obama counted himself very disturbed by the announcement, and Kathleen Sebelius, the Secretary of Health and Human Services, demanded a detailed justification for the hike. California Insurance Commissioner Steve Poizner is also investigating.

The chief executive officer of a payment processing company will be banned from the business as part of a settlement resolving Federal Trade Commission charges that the company illegally debited millions of dollars in bogus charges from consumers bank accounts.

In 2007, the FTC charged the executive, Tarzenea Dixon, her company, and others with processing unauthorized debits on behalf of deceptive telemarketers and Internet-based schemes they knew, or deliberately avoided knowing, were violating the FTCs Telemarketing Sales Rule. In addition, the attorneys general of Illinois, Iowa, Nevada, North Carolina, North Dakota, Ohio, and Vermont charged the defendants with violating various state laws.

The settlement frees up about $2.8 million that will be paid to victims of the company.

"It is always unfortunate when consumers fall victim to the many financial predators and schemes that are out there," said Ohio Attorney General Richard Cordray. "However, today we have a good story to tell. We were not only able to track down the predators, but the victims will receive restitution. These cases are tough on everyone, but thanks to the strong efforts of the many state and federal agencies involved, this one is a success story."

According to the FTC complaint, the company played a critical role in helping many of its clients carry out these illegal schemes by providing access to the banking system and the means to extract money from consumers bank accounts.

Between June 23, 2004, and March 31, 2006, the defendants processed more than $200 million in debits and attempted debits. More than $69 million of the attempted debits were returned or rejected by consumers or their banks for various reasons, an indication that in many cases consumers had never authorized the charges. In many instances, the merchants either failed to deliver the promised products or services or sent consumers relatively worthless items.

The settling defendant is Tarzenea Dixon. Her co-defendants are Your Money Access, LLC d/b/a Netchex Corp., Universal Payment Solutions, Check Recovery Systems, Nterglobal Payment Solutions, and Subscription Services, Ltd.; YMA Company, LLC; and Derrelle Janey.

In addition to permanently banning Dixon from any payment processing, the settlement order bans her from substantially aiding any marketer when she knows, or consciously avoids knowing, that it is violating the Telemarketing Sales Rule. The order imposes a $22 million judgment that is stayed based on her inability to pay. The full judgment will become due immediately if she is found to have misrepresented her financial condition.

Meanwhile, litigation against Janey continues. On October 28, 2008, the court entered a default judgment against the corporate defendants, Your Money Access, LLC and YMA Company, LLC, barring them from payment processing for any client whose business practices are deceptive, unfair, or abusive within the meaning of the FTC Act, the Telemarketing Sales Rule, and the state consumer protection laws. The case was part of the FTCs Operation Tele-PHONEY telemarketing fraud law enforcement sweep announced in May 2008.

Wachovia redress

In December 2008, the FTC announced a settlement between the Office of the Comptroller of the Currency and Wachovia Bank, N.A. to issue more than $150 million in redress checks to victims of telemarketing fraud. The checks reimbursed consumers for funds deducted from their accounts by three payment processors that maintained accounts with Wachovia, including Your Money Access.

Data from Ohio and Kentucky presented at the American Stroke Association's International Stroke Conference 2010 show more young people are having strokes while older people are having fewer.

The average age of stroke patients in 2005 was nearly three years younger than it was in 1993 -- a significant decrease, researchers said. Moreover, the percentage of people 20 to 45 having a stroke was up to 7.3 percent in 2005 from 4.5 percent in 1993.

"This is scary and very concerning," said Brett M. Kissela, M.D., the study's lead author and Associate Professor, Co-Director of the Neurology Residency Program, and Vice-Chair of Education and Clinical Services at the University of Cincinnati Neuroscience Institute. "What was shocking was the proportion of patients under age 45. The proportion is up, the incidence rate is up."

Stroke has traditionally been considered a disease of old age, so the findings are of great public health significance because of the potential for greater lifetime burden of disability among younger patients.

Researchers examined data from the Greater Cincinnati/Northern Kentucky region, which includes about 1.3 million people. But Kissela said the trend noted is likely occurring throughout the nation because the higher prevalence of risk factors such as obesity and diabetes seen in the young here are also seen throughout the country.

They recorded the age of people hospitalized for their first-ever stroke from the summer of 1993 to the summer of 1994, then compared it with calendar years 1999 and 2005.

In 1993, the average age of first stroke was 71.3 years. The average age dropped to 70.9 in 1999 and was down to 68.4 by 2005.

Researchers also found racial differences in stroke incidence. For blacks, the incidence of strokes among those over age 85 dropped significantly by 2005. For whites, the incidence decreased significantly starting at age 65 by 2005.

In both races, the incidence rates for strokes in 20 to 45 year olds increased, although the increase was only statistically significant among whites, doubling from 12 per 100,000 people to 25 per 100,000.

Kissela said it's hard to know with certainty what is driving this change, but speculated the increased prevalence of diabetes, hypertension and obesity is a major contributor.

"As physicians, we need to look for these potent risk factors even in young people," he said. "Stroke is a life-changing, devastating disease. It can affect young people, and we hope these data will serve as a wake-up call.

Kissela's study complements research showing more children are becoming stroke patients.