Current Events in February 2011

Making healthy food choices is one important thing you can do to reduce your risk of heart disease -- the leading cause of death of men and women in the United States. 

According to the American Heart Association, about 80 million adults in the U.S. have at least one form of heart disease -- disorders that prevent the heart from functioning normally -- including coronary artery disease, heart rhythm problems, heart defects, infections, and cardiomyopathy (thickening or enlargement of the heart muscle). 

Experts say you can reduce the risk of developing these problems with lifestyle changes that include eating a healthy diet. But with racks full of books and magazines about food and recipes, what is the best diet for a healthy heart? 

Guidelines

Food and Drug Administration (FDA)nutrition expert Barbara Schneeman says to follow these simple guidelines when preparing meals: 

• Balance calories to manage body weight
• Eat at least 4.5 cups of fruits and vegetables a day, including a variety of dark-green, red, and orange vegetables, beans, and peas.
• Eat seafood (including oily fish) in place of some meat and poultry
• Eat whole grains—the equivalent of at least three 1-ounce servings a day
• Use oils to replace solid fats.
• Use fat-free or low-fat versions of dairy products.

The government’s newly released Dietary Guidelines for Americans 2010 also says we should reduce our sodium (salt) intake. The general recommendation is to eat less than 2,300 mg. of sodium a day. But people 51 or older, blacks of any age and people with high blood pressure, diabetes or chronic kidney disease should restrict their intake to 1,500 mg. The government estimates that about half the U.S. population is in one of those three categories. 

Packaged and restaurant food

Schneeman, who heads FDA's Office of Nutrition, Labeling, and Dietary Supplements, says one way to make sure you’re adhering to healthy guidelines is by using the nutrition labels on the packaged foods you buy. 

“Product labels give consumers the power to compare foods quickly and easily so they can judge which products best fit into a heart healthy diet or meet other dietary needs,” Schneeman says. “Remember, when you see a percent DV (daily value of key nutrients) on the label, five percent or less is low and 20 percent or more is high.”

Follow these guidelines when using processed foods or eating in restaurants: 

• Choose lean meats and poultry. Bake it, broil it, or grill it.
• In a restaurant, opt for steamed, grilled, or broiled dishes instead of those that are fried or sautéed.
• Look on product labels for foods low in saturated fats, trans fats, and cholesterol. Most of the fats you eat should come from polyunsaturated and monounsaturated fats, such as those found in some types of fish, nuts, and vegetable oils.
• Check product labels for foods high in potassium (unless you’ve been advised to restrict the amount of potassium you eat). Potassium counteracts some of the effects of salt on blood pressure.
• Choose foods and beverages low in added sugars. Read the ingredient list to make sure that added sugars are not among the first ingredients. Ingredients in the largest amounts are listed first. Some names for added sugars include sucrose, glucose, high fructose corn syrup, corn syrup, maple syrup, and fructose. The nutrition facts on the product label give the total sugar content.
• Pick foods that provide dietary fiber, like fruits, beans, vegetables, and whole grains.

Feel like getting creative in the kitchen? The National Heart, Lung, and Blood Institute has come up with dozens of delicious heart-healthy recipes—many in Spanish. You can get a free cookbook or download recipes here. 

A couple of Missouri real estate companies' complex business model, which drew the attention of the state's attorney general in 2008, has resulted in indictments against the corporations and its top executives.

Missouri Attorney General Chris Koster said Greenleaf Companies and The Real Estate Company were engaged in securities fraud in a business scheme designed to return huge returns for investors while selling homes to buyers with poor credit.

The indictments were handed up against:

• Eric Christian Gagnepain, 38, of Springfield, former part-owner of Greenleaf, is charged with ten counts of securities fraud and nine counts of unlawful merchandising practices;

• Scott Allen Dasal, 44, of Springfield, former President of The Real Estate Company, is charged with ten counts of securities fraud and nine counts of unlawful merchandising practices;

• Misty May Perkins, 30, of Highlandville, former Director of Investor Relations for Greenleaf, is charged with ten counts of securities fraud;

• William David Strong, 42, of Springfield, former Vice President of Finance and Daily Operations for Greenleaf, is charged with one count of securities fraud and five counts of unlawful merchandising practices; and

• Robert Lee Batchman, 33, of Ozark, former real estate broker for The Real Estate Company, is charged with four counts of unlawful merchandising practices.

According to Koster, Greenleaf solicited investors to purchase homes and -- in selling securities related to the purchase of those homes -- omitted key facts and made misrepresentations. 

When Greenleaf and The Real Estate Company subsequently sought to sell those homes to consumers, consumers were not told critical information regarding the ownership and financing of the homes, according to the indictment.

Buyers didn't own homes

For example, the buyers didn’t actually own the homes. Greenleaf allegedly recruited investors to purchase new homes from builders, using the investors’ credit to obtain financing. Ownership would pass to Greenleaf through a contract for deed, before being sold to consumers in the subprime market.

But when investors stopped making payments on the homes they had purchased, it meant the homebuyers lost their homes to foreclosure, even though they had been making payments.

Each charge of securities fraud carries a maximum potential sentence of 10 years incarceration and a $1 million fine.  Each charge of unlawful merchandising practices carries a maximum potential sentence of four years incarceration and a $5,000 fine.

America loves to snack. We have proof, too -- aisle after aisle in every grocery store is filled with all types of snacks: sweet, salty, crunchy, chewy, fatty, savory. Some of these snacks are low-cal, low-fat, or even natural (fruit, raw nuts), but for most of us, the "naughtier" the snack, the better.

Do we live in an oversnacked society? Could this fixation on eating between meals be adding to the dangerous level of childhood obesity? And be playing a role in the growing number of poorly-nourished kids in our country?

Nutrient gaps

“Despite the increase in weight of our children, there are still critical nutrient gaps,” said Gina Bucciferro, registered dietician and pediatric nutrition expert at Loyola University Medical Center. “Snacks can either make or break the nutritional quality of a kid’s daily intake.”

Research has shown that 88 percent of U.S. children do not meet the recommended daily intake for fruit and 92 percent do not meet the same for vegetables.

Though obesity is a major concern for kids with poor nutrition, there are other health risks as well. These include heart disease, depression, high blood pressure, tooth decay, anemia, osteoporosis and diabetes.

According to Bucciferro, snacks are a great way to bridge the nutritional gap. Parents need to be aware of what is being served and when it takes place to help keep snack time a good time.

Snack time

There are times of the day when it’s beneficial for children to have healthy snacks.

When kids participate in any sort of physical activity, a nutritious snack afterward is important. In addition to needing high-quality energy for growth and development, children involved in sports and other physical activities need to replace the extra energy they are burning.

Whole grains, fruits, vegetables and low-fat dairy can provide the carbohydrates needed to replenish little athletes without added sugar and fat. Fluids also are important in making sure active kids stay hydrated.

According to the American Dietetic Association (ADA), school-age children need to drink six 8-ounce cups of water per day and another eight ounces for every half-hour of strenuous activity.

And stick to water -- a sports drink is necessary only for activities lasting longer than 60 minutes.

Another time when snacking is okay is when it’s scheduled between meal times.

Increased needs

Children do have increased nutrition needs, so providing snacks between meals can help them stay focused and healthy. The goal should be to offer as much nutrition as possible without providing excessive sugar, fat and calories.

Fruits, vegetables and low-fat dairy are an easy way to meet this goal. These types of foods, eaten two to three hours before a meal will not spoil an appetite, whereas high-fat foods might.

However, the times when kids shouldn’t be encouraged to snack are sometimes when it’s most tempting. Snacking as a reward is one of those times.

Food fixation

Our relationship with food is formed at a very young age. When food is provided as a reward, an unhealthy relationship with food can be formed.

Rewarding children with playtime or fun, educational activities can form much better habits than indulging in high-fat, high-sugar fare. Also, providing these types of foods after an accomplishment can lead the child to place a higher value on low-nutrition food items.

At the same time, don’t treat high-fat, high-sugar, or high-salt snack foods as forbidden. Encourage everything in moderation.

Snacking to cure boredom is another no-no.

Starting a habit of eating when bored can become a slippery slope. If you notice your child requesting snacks at off-times, make sure to assess the situation. If your child’s normal meal times have been thrown off due to a hectic schedule or if they’ve had increased activity, provide them with a small, low-calorie snack such as fruit and low-fat yogurt or veggies and light ranch dip.

However, if it’s been a typical day and you notice your child is just antsy, provide a fun activity instead. Depending on your child’s age, coloring and other activity books can be a good option for minimal supervision while not encouraging increased television time.

“Snack time can be beneficial for kids. Just make sure kids are snacking at the right time and that snack items are closing the nutrient gaps, not worsening a child’s nutrient deficit which be detrimental to a child’s health,” said Bucciferro.

No one has ever accused Chipotle of carrying “authentic” Mexican food, but some of its employees may fit that description to a tee, judging by the company’s recent travails. 

The popular burrito chain is in the midst of a government crackdown on its alleged employment of illegal immigrants. An investigation by the U.S. Immigration and Customs Enforcement Agency (ICE) discovered that employees at over 50 restaurants turned in unverifiable I-9 forms -- also known as “Employment Eligibility Verification forms” -- which companies provide to the government to ensure that a worker is eligible to work in the U.S. 

The investigation led to the firings of hundreds of workers at a Chipotle in Minnesota, and some reports say that the dragnet has expanded to restaurants in Washington, DC, and Virginia. 

Warning to shareholders

According to a Reuters report, Chipotle warned investors as early as a year ago that it might be subject to a federal crackdown. 

“We have been subject to audits by immigration authorities from time to time,” the company said in its 2009 annual reported, filed last February.

“[A]t the time of that disclosure, we had not been notified by DHS or any other government agency that any of our worker documents were suspect,” Chipotle spokesman Chris Arnold said in an email statement to Reuters. 

“We had no notice of any issues with our employees until we received a Notice of Suspect Documents from Immigration and Customs Enforcement in November 2010.” 

Class action by employees

Two of the terminated employees have filed a class action lawsuit alleging that Chipotle failed to pay them back wages in a timely fashion. 

Tanya Cortes and Alejandro Juárez allege in their suit that Chipotle broke Minnesota state law when it failed to  give them all earned compensation at the time they were fired. 

Arnold told the Pioneer Press that the suit’s allegations are without merit. 

“We have paid every employee everything that they were owed including wages, accrued vacation and bonuses,” he said in an email to the paper. 

Consumer backlash

The issue is also causing a backlash among some consumers and threatening to create a public relations nightmare for Chipotle, which prides itself on providing “food with integrity.” After the Minnesota terminations were made public, eight protestors chained themselves to the door of the restaurant, and were eventually charged with trespassing after they refused to leave. Several of the protestors were carrying signs that said, “Chipotle: You cannot sell Mexican food and then sell out Mexican workers.” 

Indeed, Arnold -- who concedes he is juggling a lot of plates at the moment -- sounded melancholy when addressing the issue recently in an interview with The Wall Street Journal. 

“Ours is a culture that is built on recognizing top-performing employees and developing them into future leaders, so this is a particularly troubling situation for us because of the impact this has on future generations of leaders and managers,” he said. “We'd rather keep all these people but under the law we can't do that.”

Consumers hoping to cut liquid calories from their diets are sometimes encouraged to switch from sweetened soft drinks to the zero calorie versions. But trading one addiction for another can still have its consequences.

According to research presented at this year’s American Stroke Association’s International Stroke Conference, drinking large amounts of diet pop can lead to a higher risk of stroke.

In findings involving 2,564 people in the large, multi-ethnic Northern Manhattan Study (NOMAS), scientists said people who drank diet soda every day had a 61 percent higher risk of vascular events -- like stroke -- than those who reported no soda drinking.

"If our results are confirmed with future studies, then it would suggest that diet soda may not be the optimal substitute for sugar-sweetened beverages for protection against vascular outcomes," said Hannah Gardener, Sc.D., lead author and epidemiologist at the University of Miami Miller School of Medicine in Miami, Fla.

Salt and stroke

In separate research using 2,657 participants also in the Manhattan study, scientists found that high salt intake, independent of the hypertension it causes, was linked to a dramatically increased risk of ischemic strokes (when a blood vessel blockage cuts off blood flow to the brain).

In the study, people who consumed more than 4,000 milligrams (mg) per day of sodium had more than double the risk of stroke compared to those consuming less than 1,500 mg per day.

At the start of both studies, researchers assessed diet by a food frequency questionnaire.

NOMAS is a collaboration of investigators at Columbia University in New York and Miami's Miller School of Medicine, launched in 1993 to examine stroke incidence and risk factors in a multi-ethnic urban population.

Continuing study

A total of 3,298 participants over 40 years old (average age 69) were enrolled through 2001 and continue to be followed. Sixty-three percent were women, 21 percent were white, 24 percent black and 53 percent Hispanic.

In the soda study, researchers asked subjects at the outset to report how much and what kind of soda they drank.

Based on the data, they grouped participants into seven consumption categories: no soda (meaning less than one soda of any kind per month); moderate regular soda only (between one per month and six per week), daily regular soda (at least one per day); moderate diet soda only; daily diet soda only; and two groups of people who drink both types: moderate diet and any regular, and daily diet with any regular.

During an average follow-up of 9.3 years, 559 vascular events occurred (including ischemic and hemorrhagic stroke, which is caused by rupture of a weakened blood vessel).

Researchers accounted for participants' age, sex, race or ethnicity, smoking status, exercise, alcohol consumption and daily caloric intake.

Greater risk

And even after researchers also accounted for patients' metabolic syndrome, peripheral vascular disease and heart disease history, the increased risk persisted at a rate 48 percent higher.

In the sodium research, 187 ischemic strokes were reported during 9.7 years of follow-up. Stroke risk -- independent of hypertension -- increased 16 percent for every 500 mg of sodium consumed a day, the scientists calculated.

Those figures included adjustment for age, sex, race/ethnicity, education, alcohol use, exercise, daily caloric intake, smoking status, diabetes, high cholesterol, high blood pressure and previous heart disease.

Only a third of the participants met the current U.S. Dietary Guidelines for Americans recommending daily sodium intake fall below 2,300 mg, or about a teaspoon of salt, Gardener said.

Only 12 percent of subjects met the American Heart Association's recommendations to consume less than 1,500 mg a day. Average intake was just over double that amount -- 3,031 milligrams.

The findings for both studies, while sobering, are also not 100 percent set in stone.

Limitations

According to Gardener, participants' reporting their dietary behavior is a key limitation of both studies.

In the soda study, investigators also lacked data on types of diet and regular drinks consumed, preventing analysis of whether variations among brands or changes over time in coloring and sweeteners might have played a role.

Still, with an 8 ounce serving of diet soda containing roughly 30 mg of sodium, the numbers can add up quickly, regardless of type or brand.

"The take-home message is that high sodium intake is a risk factor for ischemic stroke among people with hypertension as well as among those without hypertension, underscoring the importance of limiting consumption of high sodium foods for stroke prevention," said Gardener.

Consumers traded in their mobile phones for a smartphone at a staggering pace last year, according to the market research firm, Gartner, Inc.

The company reports worldwide mobile device sales to end users totalled 1.6 billion units in 2010 -- a 31.8 percent increase from 2009. Those numbers were powered by smartphone sales to end users, which were up a staggering 72.1 percent from 2009 and accounted for 19 percent of total mobile communications device sales in 2010.

"Strong smartphone sales in the fourth quarter of 2010 pushed Apple and Research In Motion (RIM) up in our 2010 worldwide ranking of mobile device manufacturers to the No. 5 and No. 4 positions, respectively, displacing Sony Ericsson and Motorola," said Carolina Milanesi, research vice president at Gartner. "Nokia and LG saw their market share erode in 2010 as they came under increasing pressure to refine their smartphone strategies."

Nokia loses ground

Though still ranked No. 1 and No. 2 respectively, Nokia and Samsung were clearly the big losers last year. Nokia's 2009 market share of 36.4 percent plunged to 28.9 percent last year. Samsung went from a 19.5 marketshare to 17.6.

As expected, Apple was the big winner. It improved marketshare from 2.1 percent to 2.9 percent. Apple sold 46.6 million units in 2010, 87.2 percent growth from 2009 -- growth largely due to expansion into new countries and the ending of exclusivity deals, which has made the iPhone available through 185 communication service providers (CSPs) around the world.

For 2011, Apple's main growth opportunity will come from adding Verizon Wireless to its list of CSPs in the U.S., Gartner analysts said.

New iPad?

Meanwhile, Apple may be ready to introduce a new version of its iPad tablet computer, which debuted a year ago. The Wall Street Journal reports the new model is already in production, and will feature a faster processor and built in camera for video conferencing.

The Journal said no Apple executive would comment, but sited sources as saying the new iPad will initially be available through AT&T and Verizon Wireless.

Since releasing the iPad a year ago, Apple has sold 14.8 million of the computers, which list at about $500. In the fourth quarter of last year, iPad sales contributed nearly 17 percent of Apple's total revenue.

Anew USA Today/Gallup poll that found most Americans are worried about privacy and viruses when using Facebook or Google underscores the need for a Do Not Track mechanism to protect consumers online,Consumer Watchdogsaid today.

The poll was released as Rep. Jackie Speier(D-Calif.)was preparing Do Not Track legislation, expected to be introduced later this week.  Her bill would give the Federal Trade Commission power to implement and enforce Do Not Track regulations.

The USA Today poll found that nearly seven out of 10 Facebook members surveyed — and 52% of Google users — say they are either "somewhat" or "very concerned" about their privacy while using the world's most popular social network and dominant search engine.

A poll by Consumer Watchdog last summer found that 90% of Americans want legislation to protect their online privacy and 80% support a Do  Not Track mechanism. Another 86% want a single-click button on their browsers that makes them anonymous when they search online.

Sperier's billwould enable consumers to "opt out" of tracking by online advertisers. The aide said the bill is narrowly tailored to address tracking issues only, rather than the broader question of online privacy,The Hill newspaper reported.

Speier's officesaid Rep. Speierworked with anumberof pro-privacy groups on the bill, including Consumer Watchdog, the Consumer Federation of America, Consumers Union and the Electronic Frontier Foundation, among others. 

Chrome, Firefox

The Google Chrome and Mozilla Firefox Web browsers announced last month that they were implementing do-not-track tools on forthcoming editions of their browsers.

For the Mozilla tool to work, Web advertisers and tracking companies will have to agree not to follow users who enable the do-not-track feature. The non-profit Mozilla Corp.says it will urge companies to "honor people's privacy choices."

Google said its Keep My Opt-Outs feature will let users permanently opt out of ad-tracking cookies. The extension is available immediately in the Chrome Web store.

The Federal Trade Commission has been urging the advertising industry to adopt do-not-track measures but has not ruled out pursuing legislation to mandate it.

“The FTC wants to help ensure that the growing, changing, thriving information marketplace is built on a framework that promotes privacy, transparency, business innovation and consumer choice. We believe that’s what most Americans want as well,” said FTC Chairman Jon Leibowitzrecently.

“It would behoove both Facebook and Google to support Do Not Track legislation,” said John M. Simpson, director of Consumer Watchdog’s Inside Google project. “Both companies need consumers’ trust to thrive. The polls show people are worried when they use their services. A Do Not Track option would give consumers control of their data and restore trust.  It’s a win-win for consumers and online businesses.”

Consumer Watchdog, is a nonprofit consumer advocacy organization with offices in Washington, DC and Santa Monica, Ca. 

It seems that all dietary advice is regularly scrambled and the latest example is the lowly egg, long decried as a source of excessive cholesterol.

But now, the U.S. Department of Agriculture says today's egg has grown up and gone straight. A nationwide sampling of eggs finds your typical large egg contains about 185 milligrams of cholesterol, down from 215 milligrams just a few short years ago.

Why would that be? Well, no one really knows. Maybe today's chickens are eating a better diet. Or maybe they're getting more exercise, although if you've ever seen an egg factory, you'll have a hard time believing that.

But whatever the reason, the USDA now says it's OK to eat one egg a day.

"Evidence suggests that one egg (i.e. egg yolk) per day does not result in increased blood cholesterol levels, nor does it increase the risk of cardiovascular disease in healthy people," according to the government's Dietary Guidelines for Americans.

More vitamin D

Not only does today's egg have less cholesterol, it has more vitamin D – 41 International units (IU) -- than a few years ago, when it had a measly 25. That's thought to be the result of farmers beefing up the chicken feed with extra vitamins.

And not only that, the American Egg Board (yes, there is such a thing) is quick to point out that eggs have other sterling qualities, including:

• Protein The right mix of protein and carbs is always controversial but if it's protein you're after, a large egg contains about 6.25 grams of protein and is virtually free of carbohydrates.
• Gluten Those who suffer from celiac disease will do just about anything to avoid gluten, the protein found in all forms of wheat. Unfortunately, gluten is also used as a stabilizer in any number of foods, a role that egg protein can fill perfectly, say Egg Board researchers.
• Low-Glycemic Formulations There's a lot of buzz these days about choosing foods that don't cause spikes in blood glucose levels, important both for those with diabetes or pre-diabetes and those trying to control their weight. Eggs, which are packed with protein but contain virtually no carbohydrates, play into this scenario nicely.
• Stabilization There are all kinds of chemicals and other substances being used as food “stabilizers.” Few are as natural as eggs, which perform more than 20 distinct functions in foods, many of which are regarded as stabilization.

A class action lawsuit allegingbreach of contract, fraud and deceptive sales practiceshas been filed against the National Football League, the Dallas Cowboys and Jerry Jones, seeking damages for fans who were denied seating at Sunday's Super Bowl.

The complaint, which seeks compensatory damages of over $5 million, claims that the unlawful acts of Jones, the NFL and the Cowboys resulted in approximately 400 fans who purchased tickets and traveled to the game being denied a seat, despite having spent thousands of dollars in tickets and travel expenses to attend the Super Bowl.

The complaint also alleges that Jones and the Cowboys deceived Cowboys season ticket holders known as the “Founders” into paying $1,200 a seat for Super Bowl tickets that turned out to be temporary seats with obstructed views.

The “Founders,” who collectively account for over $100 million in personal seat licenses sold to help fund construction of the stadium, each paid at least $100,000 per seat for their seat license, which the Cowboys and Jones promised would entitle them to the “best sightlines in the stadium” and the right to purchase a ticket to Sunday’s Super Bowl at face value.

Instead, they arrived at the stadium Sunday to discover that they had been assigned to sit in obstructed view, temporary metal seats, which had only recently been installed in an effort to meet Jones’ goal of breaking NFL Super Bowl attendance records.

“You don’t have to own the Cowboys or run the NFL to know that you cannot lawfully treat people like this,” stated lead attorney Michael Avenatti. “At an absolute minimum, Jones, the Cowboys and the NFL need to accept full responsibility and reimburse fans one hundred percent for their expenses and damages. Anything short of that is a slap in the face to the fans of the NFL and the Cowboys.”

For more information about the lawsuit, please visit www.ticketlawsuit.com.

Millions of people depend on grants and scholarships to pay for college. Navigating the process of applying for financial aid can be confusing and some companies claim they can help, but only end up providing information and assistance the student can already get for free elsewhere. The Better Business Bureau recommends doing your research before paying a company to find financial aid for college.

During the 2009-2010 school year, $94 billion in grants was made available to college students to help cover education costs, according to The College Board. Sources of the funding included federal and state government, institutions, private entities and employers.

“Times are tight and many families desperately want to tap into the well of scholarships and grants to help their kids go to college,” said Stephen A. Cox,president of the Council of Better Business Bureaus. “While some companies are trying to take advantage of struggling families looking for funding, the good news is that all of the information you need is already available for free.”

Every year, BBB receives complaints from parents who paid money upfront to a company that promised to find scholarships and grants for their child but ultimately didn’t deliver.

One such company, Edifi-College Financial Aid, sends prospective college students a letter explaining they have been selected for a personal interview. Students who call for their interview are scheduled for a financial aid seminar along with other students and parents. Complainants say they attended the seminar and later paid more than $1,000 for help finding aid, but the services offered were mostly assistance in filling out financial aid forms.

BBB is also receiving complaints about J.E.C.C., Inc. Complainants say they thought they were taking advantage of a free trial CD-ROM on how to get federal grants for college. Some were charged as much as $69 even before receiving the information in the mail and those who did receive the information complained that it wasn’t helpful at all.

BBB recommends listening for the following red flags when receiving the sales pitch from a financial-aid finder:

• “The scholarship is guaranteed or your money back.” In reality no one can guarantee that they will get you a grant or scholarship. The refund guarantees that are offered usually have so many conditions or strings attached that it is almost impossible for consumers to get their money back.

• “You cannot get this information anywhere else.” Actually, scholarship information is widely available in books, from libraries and financial aid offices and on the Internet, if you are willing to search for it.

• “We will do all the work.” Only parents and students can really determine and provide the financial information needed to complete the forms.

• “You have been selected by a national foundation to receive a scholarship.” If you have not entered a competition sponsored by the foundation, this claim is highly unlikely.

• “May I have your credit card or bank account number to hold this scholarship?” This is never a requirement for a legitimate scholarship offer.

• “The scholarship will cost some money.” Legitimate scholarship offers never require payment of any kind.

For more information on finding financial aid for school, visit www.fafsa.gov.  

The good news is that the number of identity theft and fraud incidents was down in 2010. The bad news is that the average loss to consumers was up, from $387 in 2009 to $631 in 2010, according to Javelin Strategy and Research.

The reason for the increased loss per incident? Javelin researchers say there was more incidents of fraud involving new accounts – the type of fraud that's least likely to be detected quickly and therefore most likely to result in relatively large losses.

Out-of-pocket losses for consumers on new-account fraud averaged $1,267 in 2010, up from $787 in 2009.

Debit vs. credit

Also accounting for higher losses per incident was an increase in the use of debit cards, which typically don't have the same protection against losses as credit cards.

Javelin found that debit-card fraud was up from 26 percent of all existing-account cases in 2009 to 36 percent in 2010.

High-income households had the highest rate of fraud – 7.3 percent compared with an average of 3.5 percent for all income levels.

The Javelin 2011 Identity Fraud Survey Report provides a detailed, comprehensive analysis of identity fraud in the United States to help consumers and businesses better understand the effectiveness of methods used for its prevention, detection and resolution. A nationally representative sample of 5,004 U.S. adults, including 470 fraud victims, was surveyed via a 50-question phone interview, providing insight into this crime and the effects on its victims.

Qualitest Pharmaceuticals has issued a voluntary nationwide recall of Hydrocodone Bitartrate and Acetaminophen Tablets and Phenobarbital Tablets. 

The company says some of the tablet bottles were incorrectly labeled and, as a result of this mix-up, patients may unintentionally take Hydrocodone and acetaminophen tablets, instead of the intended dose of Phenobarbital. 

Severe consequences

Unintentional administration of Hydrocodone can lead to serious adverse events including respiratory depression, CNS depression, coma and death, especially in opioid naïve patients and patients on other CNS depressants. 

Unintentional administration of acetaminophen may result in liver toxicity in patients on other acetaminophen containing medications, patients with liver dysfunction, or people who consume more than three alcoholic beverages a day. Additionally, missing doses of Phenobarbital could result in loss of seizure control. 

No injuries have been reported to date. 

Consumers who have affected product should stop using the product and contact Qualitest at 1-800-444-4011 for reimbursement. The lot number can be found on the side of the bottle. 

The recall includes the following products: 

• Hydrocodone Bitartrate and Acetaminophen Tablets, USP 10mg / 500mg, NDC 0603-3888-20, 60 count, Lot Numbers T150G10B, T120J10E and T023M10A
• Phenobarbital Tablets, USP 32.4 mg, NDC 0603-5166-32, 1000 count, Lot Numbers T150G10B, T120J10E and T023M10A

This voluntary recall is being made with the knowledge of the U.S. Food and Drug Administration. 

These lots were distributed between Sept. 21, 2010 and Dec. 29, 2010 to wholesale and retail pharmacies nationwide (including Puerto Rico). Lot numbers can be found on the side of the bottle. 

Hydrocodone Bitartrate and Acetaminophen Tablets are large (approximately 16.5 mm in length), pink, capsule-shaped tablets, debossed (3600) on one side, and debossed (V) on the reverse side; Phenobarbital Tablets are small (approximately 6.4 mm in diameter), white, round, biconvex, scored tablets, debossed (5012) and (V) on one side and plain on the reverse side. 

All patients who have filled prescriptions of Phenobarbitol manufactured by Qualitest, are asked to double-check the identity of their tablets. 

Qualitest is notifying all customers who may have received affected product and arranging for the return of any affected product. 

Consumers with questions may contact Qualitest at 1-800-444-4011 for more information.

Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, using postage-paid, pre-addressed Form FDA 3500 available here and sending it to the address on the pre-addressed form or by fax at 1-800-FDA-0178

When a name-brand drug goes generic, it means other drug companies can start producing it, not just the firm that held the original patent. That can mean the drug will cost less, though that's not always the case.

Andrew Ching, a Canadian market researcher, has conducted a study that shows faster approval times for generic drugs will get them into consumers' hands quicker, but may not make the price any cheaper. Ching contends that speeding up the generic approval process actually keeps the price from being as low as it could be.

As part of his research, Ching created a mathematical model showing that fewer firms enter the marketplace because the chances of getting there first and commanding the best profits are dramatically smaller when drug approval times are shorter.

Ching is an associate professor of marketing at the University of Toronto's Rotman School of Management.

Using the drug clonidine, Ching's model showed the number of firms in the marketplace dropped by 25 percent -- from 12 to nine -- under a shortened approval time scenario.

Faster not necessarily cheaper

"Potentially, for the consumer, the price may not drop as much as you'd hope," said Ching.

It normally takes companies an average of more than 20 months to get U.S. Food and Drug Administration (FDA) approval for generic versions of established drugs. That makes approval times uncertain and companies often must go through several rounds of review.

Companies also pay several million dollars when they apply for FDA approval. Given these as well as other development costs, firms making it to the marketplace last sometimes experience losses.

Wrong approach?

Chaig says his research is relevant because the FDA has actively tried to reduce generic approval times in order to benefit consumers, and has proposed strategies for how to do it -- including spending more money in order to bring on extra staff to do the reviews.

Ching says his results, which were published in International Economic Review, suggest the FDA should think twice before going that route.

"Even if the government spends a large amount of resources to improve the efficiency of the FDA in approving generic drugs, it does not necessarily achieve the goal of enhancing welfare," Ching's said.

The U.S. Food and Drug Administration (FDA) has approved the first heart pacemaker designed to be used safely during certain magnetic resonance imaging (MRI) exams. 

Pacemakers are surgically implanted medical devices that generate electrical impulses to treat irregular or stalled heartbeats. MRIs use a powerful magnetic field, radio frequency pulses and an internal computer to produce detailed images of organs, soft tissues, bone, and other internal body structures not available with other imaging methods. 

About half of all patients with pacemakers may require an MRI, but are advised not to have one because an MRI’s magnetic and radiofrequency fields can disrupt the pacemaker’s setting or cause wires to overheat, resulting in unintended heart stimulation, device electrical failure, or tissue damage. 

Work-around

The Revo MRI SureScan Pacing System includes a function that is turned on before a scan to prepare patients for the MRI. The pacemaker’s use in MRIs is limited to certain patients, certain parts of the body, and certain scanning parameters. FDA also is requiring training for cardiologists and radiologists who use the system. 

“FDA’s approval of the Revo pacemaker represents an important step forward toward greater device innovation,” said Jeffrey Shuren, M.D., director of the FDA’s Center for Devices and Radiological Health. “Those patients who meet the parameters for the device will be able to maintain their critical cardiac therapy while benefiting from the precise diagnostic capability of an MRI.” 

Satisfactory test results

The FDA reviewed results from one clinical trial of 484 patients. Of those, 464 were successfully implanted with the device and then randomized to receive or not receive an MRI. 

None of the 211 who underwent an MRI experienced an MRI-related complication. The clinical results confirmed earlier data from animal studies, computational modeling, and other nonclinical research. 

Revo is manufactured by Medtronic Inc. of Mounds View, Minn.

In the 2004 movie "Mean Girls," audiences got a realistic peek into "girl world" -- how teenage girls vie for boys and popularity in high school, usually stooping to abusive, bullying behavior against their so-called friends.

While it’s no surprise that many popular kids also tend to be bullies, a new study by researchers at the University of California, Davis found just how popular a teen is tends to dictate how much bullying he or she will do.

Interestingly, those at the very top of the high school food chain tend to be the least aggressive.

Second tier bullies

However, the study found kids who are popular, but not the most popular in their class are the ones most likely to torment their classmates.

“Our findings underscore the argument that, for the most part, attaining and maintaining a high social status likely involves some level of antagonistic behavior,” said Robert Faris, an assistant professor of sociology at UC Davis.

While these findings may not be surprising to people who were tormented in middle or high school, the study, co-written by UC Davis sociology professor Diane Felmlee, did reveal something that goes against the stereotype of bullies being angry loners: the kids at the very bottom of the social ladder tend to be less aggressive with their classmates, just like the very popular kids.

The rationale

However, Faris said the reasons for non-bullying behavior in both groups are not the same.

“The fact that they both have reduced levels of aggression is true, but it can be attributed to quite different things,” he noted. “The ones at the bottom don’t have the social power or as much capacity to be aggressive whereas the ones at the top have all that power, but don’t need to use it.”

Students’ popularity was determined by how central they were in their school’s web of friendships. The authors define aggression as behavior directed toward harming or causing pain to another. It can be physical (hitting, shoving or kicking), verbal (name-calling or threats) or indirect (spreading rumors or ostracism).

The climbers

In general, the study, which followed kids over the course of a school year, found increases in social status for both males and females are accompanied by subsequent increases in aggression until a student approaches the top of the social hierarchy.

According to the researchers, adolescents in the top two percent of the social hierarchy -- where aggression peaks -- have an average aggression rate that is 28 percent greater than students at the very bottom and 40 percent greater than students at the very top.

Aggression rate was calculated based on the number of classmates a student victimized in the past three months.

“Aggression usually requires some degree of social support, power or influence,” Faris said. “This is mostly because students expect to see each other on a daily basis at school and any act of aggression brings risk of retaliation. Those at the center of the web of social ties are, we believe, more powerful and may deter retribution.”

Mellowing out

Yet, those students at the very top of the social hierarchy, who seemingly possess the most social capacity for aggressiveness, generally aren’t aggressive.

“If an adolescent at the top of the social hierarchy were to act aggressively towards his or her peers, such action could signal insecurity or weakness rather than cement the student’s position,” said Faris. “And, it’s possible that, at the highest level, they may receive more benefits from being pro-social and kind.”

Faris also acknowledged the possibility that kids at the top level are “somehow different” and “not disposed to aggressiveness in the first place.”

Demographics

The study relied on data from The Context of Adolescent Substance Use survey, a longitudinal survey of adolescents at 19 public schools in three counties in North Carolina that began in the spring of 2002 and was based on responses from 3,722 eighth-, ninth- and 10th -grade students who participated during the 2004-5 school year.

While the study focuses on a sample of small-town and rural North Carolina students, Faris expects similar results in bigger cities.

“I would be surprised if kids in New York City or L.A. were radically different than kids in North Carolina,” said Faris.

As for policy implications of the study, Faris said interventions targeted specifically at aggressive kids or victims miss the point.

“I would start by focusing on the kids who are not involved and work on encouraging them to be less passive or approving of these sorts of antagonistic relationships,” he said. “It’s through these kids who are not involved that the aggressive kids get their power.”

The study is published in the February issue of the American Sociological Review.

More than 150 teams led by FBI special agents and task force officers fanned out in several municipalities in Puerto Rico last month and arrested -- without incident—about 200 of the 533 people named in a federal indictment involving a nearly $7 million health care fraud scheme. 

Over a dozen others were arrested on the U.S. mainland and the Dominican Republic, while the 300 or so people in Puerto Rico began to surrender -- at the rate of about 70 a day. 

Phony health claims

What were they accused of? Submitting bogus accidental injury claim forms to a large U.S. insurance company and receiving payment in return. Among those indicted was the doctor who fraudulently signed all the forms.   

The January 2011 arrests was actually the second phase of Operation Bad Medicine. In December 2009, 103 individuals, including two other doctors, were indicted for the same criminal activity that resulted in the insurance company paying out more than $800,000. All 103 were convicted.     

How the case began

Several years ago, internal auditors from the victim insurance company, which was headquartered in Atlanta, contacted the FBI office there with suspicions that certain doctors working in Puerto Rico were facilitating a scam against the company. 

After the initial investigative work and the first round of indictments, the bureau was able to identify more than 500 others involved in the same accidental injury scam against the same company. According to the indictment, from 2004 to 2008, a doctor from Lares, Puerto Rico, falsely completed and signed some of the accidental injury claim forms for policyholders and their dependants -- and pocketed approximately $450,000 for doing it. 

How the scheme worked

In general -- after word got out that this particular doctor could be bought -- policyholders would go to his office claiming every sort of accidental injury imaginable. The doctor, without even examining the patient, would fill out the claim form for a fee of between $10 to $20 per form. 

The policyholders would also make fraudulent claims of accidental injuries on behalf of their kids and other family members...injuries that were never properly verified by the doctor. 

The scheme became so popular that some of the policyholders became intermediaries between the doctor and other policyholders. People didn’t even have to go to the doctor’s office. For a $20 fee, intermediaries would carry the necessary paperwork to and from the office for them. 

Once the claim form was mailed, the insurance company would send the supposed “injured” party a check within about four weeks. Officials say that's why most of the defendants didn’t just submit one claim; over time, some submitted hundreds of claims totaling thousands of dollars.  

The bureau notes that what’s surprising about this case is that the defendants aren’t -- for the most part -- hardened criminals. They are business professionals, blue-collar workers, housewives, government workers, and even some law enforcement officers. If convicted, they face up to 20 years in prison. 

For most of the country, the Packers's 31-25 victory over the Steelers on Sunday means that thoughts of football get put on the backburner until the 2011 season starts next September. 

But for 400 fans who had tickets to the big game but were shut out at the last second, this year's Super Bowl is likely to be on their minds well into the future. 

The mishap occurred after the National Football League (NFL) sold extra tickets for temporary seats that weren't completed in time for the game, rendering them unsafe and unusable. 

“Incomplete installation of temporary seats in a limited number of sections made the seats unusable,” the NFL said in a prepared statement. “The safety of fans attending the Super Bowl was paramount in making the decision and the NFL, Dallas Cowboys and City of Arlington officials are in agreement with the resolution. We regret the situation and inconvenience that it may have caused. We will conduct a full review of this matter.” 

400 fans left out in the cold

Initially, it looked like 1,250 fans were going to be without seats, but the NFL came up with replacements for 850 of them at the last minute. NFL spokesman Greg Aiello tweeted that “NFL + Cowboys staff and families gave up seats,” according to ESPN. 

But that still left 400 fans without seats -- and very angry. 

“I got to my seat, which was row 33, and guess what? There was no row 33,” Milwaukee resident Jim Sass told the New York Post on Monday. 

“Some smart-ass from the NFL told us, 'Hey buddy, don't bother me. You're just going to have to stand somewhere and watch the game,” said Sass, who spent $12,000 to make the trip with his 29-year-old daughter Tammy. “My daughter was crying. If I was younger, I'd have decked him.” 

Triple refund, free seats for next year

In an attempt to make nice with the unamused fans, the NFL let them watch the game on monitors inside the stadium’s clubhouse, and gave them access to standing room platforms in the corners of the stadium. Aiello’s tweet said that these fans were also given “free food, soft drinks + merchandise.” 

The unlucky 400 were also refunded the full ticket price, three times over -- thus, an $800 ticket yielded a $2,400 refund. And in case there are still any hard feelings, NFL Commissioner Roger Goodell announced that the fans will be “guests of the NFL” at next year’s Super Bowl, meaning they’ll get complimentary seats to the 2012 game in Indianapolis. 

In a statement, Goodell said the incident was “obviously a failure on our behalf,” and that there were “no excuses” he could offer the displaced fans. 

Class action possible

But despite the humbled commissioner’s mea culpa, and the prospect of free seats and a $1,600 windfall, there are already rumblings about the mess sparking a class action lawsuit against the NFL. NBC Sports reported that at least two websites -- SuperBowlSuit.com and SueSuperBowl.com -- have been created in apparent response to the incident. 

The final chapter of Super Bowl XLV may have yet to be written.

A federal judge has imposed a nine-year prison sentence on a Canada-based con artist who was charged by the U.S. Attorney for the Central District of California with defrauding elderly consumers using phony claims about non-existent prizes and investments. In the sentencing hearing, the judge called the scheme “cold, calculating, callous behavior.”

In addition to imposing the prison sentence, the judge ordered the defendant, John Raymond Bezeredi, to pay $4.6 million in restitution for the 4,500 consumers he defrauded.

The U.S. Attorney’s criminal case followed a civil lawsuit filed by the Federal Trade Commission. In 2007, the FTC obtained a court order against Bezeredi requiring him to pay $4.76 million for consumer redress and barring him from fraudulent telemarketing. The FTC’s Criminal Liaison Unit, a special branch of the agency set up to ensure that appropriate consumer scams are referred for criminal prosecution, then sent the case to the U.S. Attorney for criminal prosecution. In September 2009, Bezeredi pleaded guilty to one criminal count of mail fraud and admitted that he had targeted elderly victims with the telemarketing scheme.

The 2005 FTC case dealt in part with fraudulent bonds that Bezeredi sold to mostly elderly seniors. He falsely promised consumers that after buying the bonds, they would be entered into monthly drawings and that they were very likely to receive substantial cash winnings or receive regular cash payments.

Few, if any, consumers ever received such payments after buying the “bonds,” leading the FTC to charge Bezeredi with violating the FTC Act and the Telemarketing Sales Rule (TSR).

How it worked

The FTC said in 2005 that Bezeredi, through his Canadian telemarketing operation, contacted mostly elderly U.S. consumers, offering them the chance to invest in European bonds involving monthly cash prize drawings.

Telemarketers allegedly told consumers they were highly likely to receive regular cash winnings of at least $50 if they bought the bonds over the phone. At times, telemarketers called consumers more than once in an attempt to persuade them to send multiple payments for additional bonds.

Consumers who bought the “bonds” received a variety of documents on letterhead bearing a Hungarian address. The documents included a cover letter congratulating them for participating in the bond program and explaining the “value” of their membership program.

Consumers also received an information sheet stating that their bond purchase is registered with the “European Central Union Bank.”

Unfortunately, for the consumers who bought the “bonds,” there is no European Central Union Bank, and the European Central Bank, which sets monetary policy in the 12 European countries that use the Euro as legal tender, does not operate a prize bond program.

According to the FTC, consumers paid Bezeredi between $400 and $5,950 each to buy the foreign “bonds” his telemarketers were pitching. Most consumers who sent money received nothing of value in return.

Medicare consumers who are dissatisfied with their Medicare private health plans, also known as “Medicare Advantage” plans, have until Monday, February 14, to disenroll. Consumers have had the opportunity to drop their private plan and enroll in Original Medicare since January 1, when the Medicare Advantage Disenrollment Period (MADP) began.

After the MADP, most people with Medicare will be unable to make another change to their health coverage until the Fall Open Enrollment Period, which begins on October 15, 2011.

“Time is running out for consumers to take advantage of the Medicare Advantage Disenrollment Period,” said Joe Baker, president of the Medicare Rights Center. “People who are unhappy with their plan and wish to make the change back to Original Medicare should do so promptly, but also thoughtfully. The window of opportunity is closing, but you should review your coverage options carefully and understand how your coverage will change before you disenroll.”

Your options

If you have:

• A Medicare Advantage private health plan with prescription drug coverage, you can switch to Original Medicare plus a prescription drug plan OR Original Medicare without a prescription drug plan

• A Medicare Advantage Private Fee-For-Service (PFFS) plan that does not include prescription drug coverage and a stand-alone prescription drug plan, you can switch to Original Medicare, but you must keep your current prescription drug plan

• Original Medicare or Original Medicare and a prescription drug plan, you cannot make any changes during this time

Original Medicare, the traditional fee-for-service program offered through the federal government, covers most necessary services and is accepted by most doctors and facilities across the country. However, it does not cover the full cost of care. Many people who enroll in Original Medicare choose to purchase supplemental coverage to help pay for out-of-pocket costs such as deductibles and coinsurance.

Consumers who disenroll from their Medicare private health plan should be aware that they may have limited ability to buy coverage that supplements Original Medicare. State laws vary on when consumers can purchase Medicare supplemental policies, also known as Medigaps. Call your State Health Insurance Assistance Program (SHIP) to find out if and when you can enroll in a Medigap plan in your state. You can find the number for your local SHIP by visiting www.shiptalk.org or calling 800-MEDICARE.

 Consumers who disenroll from their private plan may need to join a stand-alone Medicare prescription drug plan in order to maintain drug coverage. Medicare Rights advises consumers who are choosing a plan to consider not only premium and copayment costs, but also whether the drugs they take are on the plan’s formulary (list of covered drugs). Consumers should also check to see whether the plan places any restrictions on the drugs they take. Restrictions can take the form of quantity limits, prior authorization and step therapy. To learn more about choosing a Medicare prescription drug plan that best meets your needs, visit Medicare Interactive.

Medicare Rights advises consumers who wish to change their health coverage, and enroll in a drug plan if necessary, to do so by calling 800-MEDICARE rather than their plan. Changes made before the end of the MADP are effective March 1.