Current Events in November 2011

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    Apple iPhone Battery Fix Not Working, Some Users Say

    Some, posting on message boards, say the problem is now worse

    An update to the IOS 5 operating software was supposed to have fixed a problem with rapid battery drain on the new iPhone 4S. It might not have.

    The release came out Thursday and there are already reports that the battery issue continues. A check of an Apple iPhone forum this afternoon produced these comments:

    “I am suffering from servers battery drain. Worked great on 5.0 but infinitely worse after upgrade (iOS 4, 5.0.1),” said a poster going by Finchystryder.

    “Yes, yes, I am seeing way worse performance on my iphone 4s with 5.0.1.,” responded a poster going by hori.

    Super anal about battery life

    Then, there was this detailed post from Cmoz:

    “I'm super anal about my battery life on the 4s. I always close my background applications right away so there's never anything open in the background. My wi-fi is always off unless i need it, location services are off unless i need it, push notifications are all off, my brightness is as low as it can be, my e-mail does not automatically fetch new data, i turned off diagnostics and usage reports sent to apple, bluetooth is off, Facetime is off. I also let my phone completely drain the battery before I charge it and never charge unless its at 1-2% or shuts itself off.

    “I've tried to optimize my phone for pro-longed usage by turning off features I don't really need on a daily basis. I've actually lasted between 3-4 days on one charge only using it when I seriously need it but typically get 1.5-2 days on one charge. It doesn't look like that will be the case with 5.0.1.

    “I've dropped 27% from 100% since this morning at 8AM and all I've done is play a Hanging with Friends. I watched battery life drain 5% just when trying to create one word for a friend. I haven't made any calls, sent texts, used Safari, listened to music or anything and the brightness is always low.

    “This is kind of discouraging since I'm so anal about prolonging battery life. I'm considering a system restore if I don't notice an improvement. But I can say that I haven't noticed any improvement with the new update and my battery is in fact draining faster than it did before I applied the update.”

    The fix

    Apple offered the IOS 5.0.1 update as a remedy to complaints of rapid battery drain. According to Apple Insider, the update is now available to all users through iTunes, and will also be made available for download as an over-the-air update. In addition to addressing battery life issues, it is also designed to add new multi-touch gestures for multitasking to the first-generation iPad.

    The full list of fixes in iOS 5.0.1, according to Apple, are:

    • Fixes bugs affecting battery life
    • Adds multitasking gestures for original iPad
    • Resolves bugs with Documents in the Cloud
    • Improves voice recognition for Australian users using dictation

    Apple may not have fixed its battery problem with the iPhone 4S...

    Warning Label Urged for St. John's Wort

    Supplement may interfere with other drugs, consumer advocates warn

    The nonprofit Center for Science in the Public Interest (CSPI) wants the Food and Drug Administration (FDA) to require a warning label on dietary supplements containing St. John’s wort.

    It says the supplements may interfere with birth control, antidepressants, blood thinners, and other prescription and over-the-counter drugs. 

    St. John’s wort is a flowering plant often promoted for its supposed antidepressant properties. But CSPI said that individuals who take it with prescription antidepressants may unwittingly be counteracting the very treatment they are seeking. Similarly, women taking St. John’s wort and oral contraceptives may have unplanned pregnancies.

    "Companies have taken a minimalist approach designed to protect themselves from litigation, rather than actually protecting consumers' health," said CSPI litigation director Stephen Gardner. "FDA should mandate a standard warning label for St. John’s wort to protect consumers based on the research outlined in this petition."

    According to the National Center for Complementary and Alternative Medicine, part of the National Institutes of Health, St. John’s wort may also interact with other potentially life-saving treatments, including heart medications, drugs used to control HIV infection, drugs used to treat cancer, and seizure-control drugs.

    Writing in the Journal of the American Medical Association, former FDA Commissioner Jane E. Henney warned that St. John’s wort “interacts with many drugs that are used to treat heart disease, depression, seizures, certain cancers, as well as drugs that prevent transplant rejection and pregnancy.”

    Boilerplate warnings

    “Consumers take St. John’s wort and other herbal supplements based on their belief that they will benefit in some way, and perhaps some will,” said CSPI senior nutritionist David Schardt. “But all consumers need to know that St. John’s wort and many commonly prescribed drugs simply don’t mix.”

    The petition suggests the following warning label: “CAUTION: St. John’s wort interacts with some commonly used prescription and over-the-counter drugs. DO NOT USE this supplement if you are taking contraceptives, antidepressants, immunosuppressants (such as cyclosporine), anticoagulants, Digoxin, HIV medicine, blood thinners, seizure-control medicine, cancer medicine, or any other medications.” The petition also asks that this warning appear in a prominent black box on the package label.

    According to CSPI, the current advice on labels is inconsistent and fails to adequately warn consumers of the risks associated with St. John’s wort.

    • Bluebonnet Herbals St. John’s Wort Extract does not have a warning label.
    • Labels for Nature’s Plus Herbal Active St. John’s Wort Extended Release say “If you are pregnant or nursing, consult your healthcare physician before using any herbal product.”
    • Vitamin Shoppe’s labels plainly state that “St John’s wort should not be used with antidepressants,” but does not address other drugs. Solaray labels merely advise consumers to “consult your physician.”

    “From the information we have gathered, it appears that many manufacturers simply wish to protect themselves from product liability suits by placing boilerplate warnings on the label rather than actually alerting consumers to the known, material risks of drug interactions associated with the product,” CSPI says in its filing.

    The nonprofit Center for Science in the Public Interest (CSPI) wants the Food and Drug Administration (FDA) to require a warning label on dietary supp...

    Google TV II Will be Minus the Logitech Revue

    Logitech CEO condemns the Revue as a gigantic mistake

    There's a lot of buzz about Google TV's second edition, due out later this month, but whatever the new features may be, one of the venture's original partners won't be along for the ride this time.

    Logitech says its Revue product was "a mistake of implementation of a gigantic nature."  The company plans to let inventory run out and will not produce a follow-up product, Logitech's new CEO told an investor conference this week.

    Guerrino De Luca called the Revue "a beta product" that should not have been rolled out the way it was and said it had "cost us dearly."

    Yes, and it cost a lot of consumers dearly too.  Those who paid $300 for the set-top device trusted in the Google gods to deliver something completely different, even though no one seemed to know exactly what that might be.

    De Luca seemed to find no irony in trashing the product to his investors while blithely assuring them the company would continue selling the Revue, unsatisfactory though it is, until the shelves were bare.  

    Customer loyalty only goes one way, apparently.

    De Luca has been on a tear about Google TV for quite awhile.  In July, he complained that customers were returning the Revue box faster than stores could sell them but blamed the problem on Google, saying Google TV had "not yet fully delivered.”

    No one seems to know quite what to expect in the next generation of TVs, including the companies planning to manufacture them. Google and Microsoft have already stumbled badly while Apple and Sony, among others, are preparing their inaugural offerings.

    There's speculation that Apple TV will exemplify the Steve Jobs model of wrapping numerous functions, modalities and so forth into one elegant package, all operated with a single remote.   So far, there's no firm release date.

    There's a lot of buzz about Google TV's second edition, due out later this month, but whatever the new features may be, one of the venture's original partn...

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      hhgregg Sets Thanksgiving Midnight Opening

      Retailers moving Black Friday up to Thursday night

      hhgregg is the latest retailer to move up the Black Friday clock, opening its stores at midnight Thanksgiving night.

      "We are grateful to our dedicated employees for supporting the decision to open early on Black Friday,” Dennis May, president and chief executive officer at hhgregg, said in a statement.

      “We are a very family-focused company, and we understand that our extended store hours place a burden on employees. However, we are staffing our stores strategically on Black Friday, and throughout the holiday season, to ensure that all of our employees have adequate time with their families.”

      hhgregg stores will be open from midnight to 9 p.m. Nov. 25 and 9 a.m. to 10 p.m. the following day. 

      Target, Macy's, Kohl's and Best Buy are all kicking off their Black Friday sales at midnight Thanksgiving night, Walmart says it will open its stores at 10 p.m.

      hhgregg is the latest retailer to move up the Black Friday clock, opening its stores at midnight Thanksgiving night."We are grateful to our dedicated emp...

      Metro Dream Homes Founder Convicted in Mortgage Fraud Scheme

      Promised to pay off homeowners' mortgages but left them to fend for themselves

      A federal jury has convicted Andrew Hamilton Williams, Jr., age 60, of Hollywood, Florida of fraud conspiracy, wire fraud and conspiracy to commit money laundering in connection with a massive mortgage fraud scheme which promised to pay off homeowners’ mortgages on their “Dream Homes,” but left them to fend for themselves.

      “Metro Dream Homes was an egregious fraud scheme, and an excellent example of the principle that financial schemes that sound too good to be true are usually scams,” said Maryland U.S. Attorney Rod J. Rosenstein.

      “This case shows that the appearance of success can be a mask for a tangled financial web of lies,” said IRS Special Agent in Charge Jeannine Hammett. “Ponzi schemes can thrive for a time on false claims about how the money is being invested and where the returns are coming from. But that time is gone, and as this verdict shows, it's time for those responsible to face judgment.”

      According to evidence presented at the two-week trial, beginning in 2005, Williams and his conspirators targeted homeowners and home purchasers to participate in a purported mortgage payment program called the “Dream Homes Program.”

      In exchange for a minimum of $50,000 initial investment and an “administrative fee” of up to $5,000, the conspirators promised to make the homeowners’ future monthly mortgage payments, and pay off the homeowners’ mortgage within five to seven years.

      Dream Homes Program representatives explained to investors that the homeowners’ initial investments would be used to fund investments in automated teller machines (ATMs), flat screen televisions that would show paid business advertisements, and electronic kiosks that sold goods and services.

      To give investors the impression that the Dream Homes Program was very successful, Metro Dream Homes spent hundreds of thousands of dollars making presentations at luxury hotels such as the Washington Plaza Hotel in Washington, D.C., the Marriott Marquis Hotel in New York, New York, and the Regent Beverly Wilshire Hotel in Beverly Hills, California. Metro Dream Homes had offices in Maryland, the District of Columbia, Virginia, North Carolina, New York, Delaware, Florida, Georgia and California.

      According to trial testimony, Williams and his co-conspirators failed to advise investors that the ATMs, flat-screen televisions and kiosks never generated any meaningful revenue. The defendants used the funds from later investors to pay the mortgages of earlier investors.

      Evidence showed that MDH had not filed any federal income tax returns throughout its existence. The defendants also failed to advise investors that their investments were being used for the personal enrichment of select MDH employees, including Williams, to:

      • pay salaries of up to $200,000 a year as well as their mortgages;
      • employ a staff of chauffeurs and maintain a fleet of luxury cars; and
      • travel to and attend the 2007 National Basketball Association All-Star game and the 2007 National Football League Super Bowl, staying in luxury accommodations in both instances.

      Nor were investors told that investor funds were used to:

      • pay off investors in a prior failed ATM investment venture called Bankcard Group;
      • make multiple donations of up to $50,000 each to charitable organizations to give MDH the appearance of being financially successful; and
      • transfer millions of dollars in investor funds to third-party businesses for purposes not disclosed to investors.

      Trial testimony showed that Williams and his co-conspirators arranged for early Dream Homes Program investors, whose monthly mortgage payments had been paid by MDH using the funds of later Dream Homes Program investors, to attend recruitment meetings to assure potential investors that the Dream Homes Program was not a fraud.

      A federal jury has convicted Andrew Hamilton Williams, Jr., age 60, of Hollywood, Florida of fraud conspiracy, wire fraud and conspiracy to commit money la...

      Foreclosure Activity Picks Up Again

      One state tries to do something about it

      Americans are still losing their homes to foreclosure, and the pace increased last month, according to a report by the foreclosure marketing firm RealtyTrac.

      The company counted 230,678 foreclosure activities in October – everything from notices of default to auctions or bank repossessions. It's a seven percent jump over the previous month and the largest number in seven months.

      The only bright spot is the comparison with October 2010. A year ago, there were lots more foreclosure activities – 31 percent more to be exact.

      While most of the early foreclosures were related to subprime mortgages, many of the newest relate to the economy, and homeowners losing their income. David, of Hamilton, Ala., is a prime example.

      “I lost my job, fell behind on my payments, got another job and started making more than my usual mortgage payment,” David told ConsumerAffairs.com. “I did this for over half a year and all checks were cashed. In Oct. 2010 Bank of America notified me that I qualified for a modification. I signed and notarized all papers and was told to begin making the modified payment, which I did till June 2011 when my check was sent back and I was informed that I owed a large amount and I was in foreclosure.”

      Connecticut steps in as mediator

      This kind of disconnect between mortgage servicer and homeowner has been a constant in the modification process, pushed by the federal government in early 2009. Trying to eliminate this confusion and frustration, one state – Connecticut – is holding an event next week where distressed homeowners in the state can meet face to face with representatives of their mortgage companies.

      “I encourage any homeowner who is struggling to keep up with their mortgage to take this opportunity to sit down with their lender and explore their options,” said Connecticut Governor Daniel Malloy. “Our hope is that anyone who is at risk of foreclosure will receive the information they need to get back on track.”

      Connecticut Attorney General Jepsen said the Nov. 15 event is a response to the many Connecticut residents who have complained that they are frustrated with the lack of communication, lost paperwork and other customer service issues involved with their loans.

      Ending the run-around

      “We are working with the banks to make sure those issues are addressed,” Jepsen said.

      Among the banks sending representatives are: Bank of America; Citibank, NA; GMAC Mortgage, LLC; HSBC National Bank USA; JPMorgan Chase & Co.; First Niagara Bank; McCue Mortgage; People's United Bank; Webster Bank, NA and Wells Fargo Bank, NA.

      The mortgage assistance forum is scheduled from 10 a.m. to 7 p.m. at the Connecticut Convention Center, 100 Columbus Boulevard in Hartford.

      Foreclosure activity jump in October...

      Feds Approve First Cord Blood Product

      HEMACORD is for use in stem cell transplant procedures

      The U.S. Food & Drug Administration has announced its approval for HEMACORD, the first product made from blood harvested from the umbilical cords of newborn infants.

      The product is intended for use in stem cell transplantation procedures in patients with disorders affecting the blood-forming (hematopoietic) system.

      For example, cord blood transplants have been used to treat patients with certain blood cancers and some inherited metabolic and immune system disorders.

      “The use of cord blood hematopoietic progenitor cell therapy offers potentially life-saving treatment options for patients with these types of disorders,” said Karen Midthun, M.D., director, FDA’s Center for Biologics Evaluation and Research.

      HEMACORD is produced by the New York Blood Center.

      "We are thrilled to be the first public cord blood bank with an FDA-licensed product for transplantation," said Christopher D. Hillyer, MD, President and CEO of New York Blood Center (NYBC).  

      Cord blood

      After a baby is born and the umbilical cord is cut, some blood remains in the blood vessels of the placenta and the portion of the umbilical cord that remains attached to it. After birth, the baby no longer needs this extra blood. This blood is called placental blood or umbilical cord blood: "cord blood" for short, the NYBC explains on its Web site.

      Cord blood contains all the normal elements of blood -- red blood cells, white blood cells, platelets and plasma. But it is also rich in blood-forming stem cells, similar to those found in bone marrow. This is why cord blood can be used for transplantation as an alternative to bone marrow.

      More than 80 different diseases have been treated to date with unrelated cord blood transplants, including various forms of leukemia, lymphoma, Sickle cell disease and certain malignancies.

      Since 1996, NYBC's National Cord Blood Program (NCBP) at the Howard P. Milstein National Cord Blood Center has provided cord blood units for transplantation under an Investigational New Drug (IND) exemption from the FDA.  The mission of the NCBP is to facilitate access to cord blood as a treatment option for patients, notably those from diverse ethnic backgrounds.  

      HEMACORD contains hematopoietic progenitor cells (HPCs) from human cord blood. Cord blood is one of three sources of HPCs used in transplants; the other two are bone marrow and peripheral blood.

      Once these HPCs are infused into patients, the cells migrate to the bone marrow where they divide and mature. When the mature cells move into the bloodstream they can partially or fully restore the number and function of many blood cells, including immune function.

      HEMACORD has a boxed warning regarding the risks of Graft Versus Host Disease (GVHD), engraftment syndrome, graft failure, and infusion reactions, each of which may be fatal. Patients who receive Hemacord should be monitored carefully.

      A risk-benefit assessment, unit selection and administration of Hemacord should be done under the direction of a physician experienced in hematopoietic stem cell transplantation.

      To obtain FDA licensure of HEMACORD, all collection and manufacturing conditions of the cord blood units met FDA standards for product potency, purity and efficacy, and patient safety.  Its application included the safety data from the transplantation of more than 4,000 cord blood grafts.

      In advance of the BLA submission, NCBP moved its entire manufacturing and storage resources to a state-of-the-art facility in Long Island City, New York.

      The U.S. Food & Drug Administration has announced its approval for the first product made from blood harvested from the umbilical cords of ne...

      Gas Prices Rise Slightly During The Week

      Higher oil prices stopped the price slide at the pump

      Gasoline prices have stopped their slow decline and reversed course in the last week, as oil prices rose and supplies tightened.

      The national average price of self-serve regular today is $3.438 per gallon, up from $3.420 last Friday, according to AAA's Fuel Gauge Survey. That's still a penny a gallon less than what motorists were paying two weeks ago.

      The price of diesel fuel is rising a bit faster. The average price of diesel fuel today is $3.932 per gallon, up from $3.896 a week ago.

      Following crude prices higher

      Gas prices began to turn this week as the price of crude oil posted strong gains, in spite of worries about Eurozone economic problems. Crude prices are trading close to the $100 a barrel mark again.

      While the price of crude oil is rising, U.S. supplies of petroleum are being drawn down. The U.S. Energy Information Administration (EIA) reported this week that U.S. crude oil stockpiles fell by 1.4 million barrels in the last week. That's more than seven percent low U.S. supply levels a year ago.

      With falling supplies, refiners may be forced to purchase more of the increasingly expensive oil in the weeks ahead, passing the increase along in the form of higher prices.

      Prices rise despite lower demand

      Not surprisingly, consumers are doing their best to cut back on gasoline purchases. The EIA reports U.S. demand for gasoline was down 5.6 percent compared to a year ago. Despite that, U.S. gasoline stockpiles fell by 2.1 millions barrels

      The states with the most expensive gas this week are:

      • Hawaii ($4.158)
      • Alaska ($4.030)
      • California ($3.839)
      • Washington ($3.765)
      • Oregon ($3.724)
      • Connecticut ($3.699)
      • New York ($3.684)
      • Nevada ($3.605)
      • Montana ($3.552)
      • North Dakota ($3.527)

      The states with the least expensive gas this week are:

      • New Mexico ($3.207)
      • Missouri ($3.208)
      • South Carolina ($3.220)
      • Texas ($3.261)
      • Tennessee ($3.262)
      • Mississippi ($3.248)
      • Alabama ($3.266)
      • Louisiana ($3.274)
      • Oklahoma ($3.286)
      • Virginia ($3.308)

      Motorists are paying more for gasoline...

      What's On Your Mind? eHarmony, Natural Health Network, Virgin America, Dollar Rent-A-Car

      Our daily look at consumer reviews

      Alysia, of Cedar Park, Tex., says she is separated from her husband and was interested in seeing other people. She says she logged onto eHarmony.com and started the application process.

      “In the beginning of signing up they ask you if you are single, married, separated, etc., Alysia told ConsumerAffairs.com. “After picking separated I continued to fill out their hour-long questionaire about myself. After all the grueling reflecting I come to the end where they tell me I cannot be accepted due to not being single. Why didn't they end it before i went through all the questioning? When I am single, I will not use this site.”

      While some dating sites aren't that picky about your status, those who are in the midst of separating should know that eHarmony wants you to wait until the divorce is final before you join.

      Not so free

      Jennifer, of Brooklyn, N.Y., says she's been burned by one of those free trial offers that suddenly turns into an expensive order for the product.

      On November 9 I ordered a trial of Pura Silk from Natural Health Network,” Jennifer said. “They advertised that I'd only be paying $3.95 for shipping and handling. I called the bank to see if they processed my order and the bank advised me that they are also charging me $89.95. I did not agree to pay nor did they even advertise that price. So immediately called them and asked them to cancel my order. They said there was nothing they can do since the order has already shipped.”

      Wow, that was fast. How could anyone expect Jennifer to receive, much less use her free trial in that amount of time. There was probably some fine print or check box which explained that Jennifer would be agreeing to a full order, but if she wasn't aware of it, that seems to be a problem. We suggest Jennifer lodge a complaint with New York Attorney General Eric Schneiderman's office.

      Frustrating

      Dean, of Los Angeles is booked on a Virgin America flight but needs to cancel it. Not an easy matter, he says.

      “I have been trying to cancel my flight for the last five days,” Dean told ConsumerAffairs.com. “The on-line system will not let you cancel a flight or send them an email. The number they give to call only leaves me on hold until I have to hang up. During my last five tries I have stayed on hold from 35 minutes to 80 minutes and still have not received a representative to cancel my flight. My flight is in Saturday and I have no idea what to do.”

      Dean needs to take a closer look at the Virgin America site.  The top navigation bar has a "Manage Travel" tab.  From there, he can click on "Cancel" and change or cancel his reservation.  Of course, if Dean bought a super-discounted non-refundable ticket, he may be out of luck.

      Can't win

      We've heard repeatedly in recent months from rental car customers who declined to purchase the company's expensive damage insurance, only to be hit with a costly repair bill long after they turned in the car. Then we hear from Simon, of Jersey City, N.J., who says he wanted to buy the insurance at Dollar Rent-A-Car but couldn't.

      “I rented a Chevrolet Suburban SUV on in August at Dollar Rent-A-Car Laguardia Airport,” Simon said. At the time of rental, I clearly expressed my intention of buying damage waiver Insurance (CDW) for my car, but a Dollar staff from the front desk refused to sell me it. He told me it was New York State Law that when renting full size SUV you are not allowed to purchase CDW. He chose 'decline' on the rental form for me and made me sign below.”

      Wouldn't you know that when Simon returned the car, he backed over a spike and punctured a tire, costing $350. When he checked the Internet, he found no state law saying you cannot buy CDW for a full-sized SUV.

      “I called Dollar customer service and they told me they only see my signature on the contract and wouldn't listen to me,” Simon said. “However I think the contract was orally changed by one of their staff at the front desk, He added new terms to the contract which was fake. When someone wearing a Dollar T-shirt represents your company, you cannot say things like 'you shouldn't have believed him.'”

      Not sure what recourse Simon's recourse is. It's a he said-he said situation. 

      Here is what's on consumer's minds today: eHarmony, Natural Health Network, Virgin America, Dollar Rent-A-Car, Not so free and Frustrating....

      Starbucks Juiced Up Over Its Latest Acquisition

      Maybe there's a reason the word "coffee" was dropped from the logo?

      There's a limit to how much caffeine we can absorb, but that's not stopping Starbucks in its search for more sales, more stores and, well, more money.  To move things along, Starbucks is paying $30 million for Evolution Fresh Inc., a premium juice brand.

      "Starbucks has seen success with expanded healthier menu items to deliver the nutritious, on-the-go options consumers are seeking," the company said in a prepared statement. "With this acquisition, Starbucks will reinvent the $1.6 billion super-premium juice segment, its significant next step in entering the larger $50 billion Health and Wellness sector."

      The company said Evolution Fresh will enable Starbucks to "bring a unique, premium juice product to the marketplace through the creation of a differentiated brand and experience, similar to what Starbucks pioneered 40 years ago for coffee consumers."

      "Tthe company believes it will be able to take a currently undifferentiated, commoditized product segment and introduce a unique, high-quality product to redefine and grow the super-premium juice market," the Starbucks statement continued.

      Trying to penetrate the marketing jargon in corporate statements isn't always easy, but Starbucks seems to be saying it plans to grab a big foothold in the supermarket juice business and maybe even open a line of juice bars.

      Leverage scale

      "Our intent is to build a national Health and Wellness brand leveraging our scale, resources and premium product expertise. Bringing Evolution Fresh into the Starbucks family marks an important step forward in this pursuit,” said Howard Schultz, Starbucks chairman, president and CEO. 

      Evolution juices are already carried in Whole Foods, Safeway, Costco and many Trader Joe's stores, thus clearing a major obstacle in establishing a new or rebranded product line.

      Evolution Fresh was started by the original founder of Naked Juice, Jimmy Rosenberg. He decided to get back into the premium juice business to found Evolution Fresh, which claims to be one of the only "true juiceries" left in the industry -- meaing one that still cracks, peels, presses, and squeezes its own raw fruits and vegetables.

      Evolution's uses a process called High Pressure Pasteurization (HPP), producing “never heated” juices, which are said to be tastier and more nutritious than those that are pasteurized through traditional methods.

      “Using High Pressure Pasteurization (HPP) to help ensure the inherent nutrients are kept intact during the juicing process is a key point of differentiation for a growing number of our juices,” said Jimmy Rosenberg, founder of Evolution Fresh, Inc. and the newly named chief juice officer (CJO?) of Evolution Fresh.

      “Consumers trust the Starbucks brand to deliver on superior best-in-category quality and taste. On behalf of all of us at Evolution Fresh, we are proud to join the Starbucks organization,” he said.

      There's a limit to how much caffeine we can absorb, but that's not stopping Starbucks in its search for ...

      Walmart Moves Black Friday Up a Few Hours

      Selected items will go on sale at 10 p.m. Thanksgiving night

      Not willing to be outdone by Target, Macy's, Kohl's and Best Buy, who are kicking off their Black Friday sales at midnight Thanksgiving night, Walmart says it will open its stores at 10 p.m.

      "Everything from the hottest TVs to gaming consoles and top toys will be available at great savings during three special-shopping events, while supplies last," Walmart said in a statement today.  It released this timetable for the just-can't-wait crowd:

      • 10 p.m. on Thanksgiving Day (Nov. 24) – Top Toys, Home and Apparel
      • Midnight on Black Friday (Nov. 25) – Electronics! Electronics! Electronics!
      • 8 a.m. Nov. 25 through the weekend – Gifts for the entire family; electronics and more.

      "Our customers told us they would rather stay up late to shop than get up early, so we’re going to hold special events on Thanksgiving and Black Friday,” said Duncan Mac Naughton, chief merchandising officer, Walmart U.S. “[B]y sharing our Black Friday specials earlier than ever, we hope to make buying decisions easier for parents working hard to give their families the Christmas they deserve.”

      Best Buy announced earlier this week that it would open at midnight Thursday night, joining Kohl's Macy's and Target.  

      In this Walmart-supplied video, the retailer explains its reasoning:

      Not willing to be outdone by Target, Macy's, Kohl's and Best Buy, who are kicking off their Black Friday sales at midnight Thanksgiving night, Walmart says...

      FBI Busts Estonian Malware Ring

      Operation Ghost Click reportedly infected four million computers

      The FBI says a two-year investigation has resulted in the arrest of six Estonian nationals who have been charged with running a sophisticated Internet fraud ring that infected millions of computers worldwide.

      By spreading the computer virus, the suspects were reportedly able to manipulate the multi-billion-dollar Internet advertising industry. Users of infected machines were unaware that their computers had been compromised—or that the malicious software rendered their machines vulnerable to a host of other viruses.

      It was, says Janice Fedarcyk, assistant director of the FBI's New York office, “an intricate international conspiracy conceived and carried out by sophisticated criminals.”

      “The harm inflicted by the defendants was not merely a matter of reaping illegitimate income,” Fedarcyk said.

      Began in 2007

      The federal indictment, unsealed this week claims that beginning in 2007, the cyber ring used a class of malware called DNSChanger to infect approximately four million computers in more than 100 countries. There were about 500,000 infections in the U.S., including computers belonging to individuals, businesses, and government agencies such as NASA. The FBI's investigation was code named “Operation Ghost Click.”

      The alleged thieves were able to manipulate Internet advertising to generate at least $14 million in illicit fees,” the indictment claims. In some cases, the malware had the additional effect of preventing users’ anti-virus software and operating systems from updating, thereby exposing infected machines to even more malicious software.

      Critical Internet service

      DNS—Domain Name System—is a critical Internet service that converts user-friendly domain names, such as www.fbi.gov, into numerical addresses that allow computers to talk to each other. Without DNS and the DNS servers operated by Internet service providers, computer users would not be able to browse websites or send e-mail.

      “The correctness of your internet browsing experience is entirely dependent on the correctness of the DNS server you use,” said Paul Ducklin, head of technology, Asia-Pacific, for Sophos Security. “A dishonest DNS server can take you to fraudulent substitutes of any sites it likes.”

      The FBI says the defendants were organized and operating as a traditional business but profiting illegally as the result of the malware, at “a level of complexity here that we haven’t seen before.”

      The FBI says consumers who believe their computers may be infected should contact a computer professional. The FBI also released this fact sheet about DNSChanger and how it can affect your computer.

      FBI makes arrests in alleged malware ring...

      Morgan Stanley Fined $1 Million for Excessive Markups

      Firm ordered to pay $371,000 in restitution to customers

      The Financial Industry Regulatory Authority (FINRA) has fined Morgan Stanley & Co. Inc. and Morgan Stanley Smith Barney LLC $1 million and ordered $371,000 in restitution and interest to customers for excessive markups and markdowns charged to customers on corporate and municipal bond transactions, and related supervision violations.

      FINRA found that Morgan Stanley charged markups and markdowns ranging from below 5 percent to 13.8 percent on corporate and municipal bond transactions, which were higher than warranted given factors including market conditions, the cost of executing the transactions and the value of the services rendered to the customers.

      "Firms must ensure that customers who buy and sell securities, including corporate and municipal bonds, receive fair and reasonable prices regardless of whether a markup or markdown is above or below 5 percent," said  Thomas Gira, Executive Vice President, FINRA Market Regulation, said. "Morgan Stanley clearly violated fair pricing standards and FINRA will continue to require firms that violate such standards to make their customers whole."

      Inadequate supervision

      FINRA found that Morgan Stanley's supervisory system for corporate and municipal bond markups and markdowns was inadequate.

      The firm's supervisory reports were not designed to include markups and markdowns that were below 5 percent but nonetheless may have been excessive. And before August 2009, Morgan Stanley's policies and procedures considered only one of two charges that the firm added to the price of a bond when it determined whether a markup or markdown was fair and reasonable.

      Morgan Stanley was also ordered to revise its written supervisory procedures regarding supervisory review of markups and markdowns in fixed income transactions with its customers.

      Investors can obtain more information about, and the disciplinary record of, any FINRA-registered broker or brokerage firm by using FINRA's BrokerCheck. FINRA makes BrokerCheck available at no charge. In 2010, members of the public used this service to conduct 17.2 million reviews of broker or firm records. Investors can access BrokerCheck at www.finra.org/brokercheck or by calling (800) 289-9999. 

      The Financial Industry Regulatory Authority (FINRA) has fined Morgan Stanley & Co. Inc. and Morgan Stanley Smith Barney LLC $1 million and ordere...

      Study: Most Smokers Wish They Could Quit

      More than half have tried to quit within the last year

      Most American adults who smoke wish they could quit, and more than half have tried within the past year, according to a report by the Centers for Disease Control and Prevention.

      The report says 68.8 percent of current American adult smokers say they want to quit and 52.4 percent of adult smokers tried to quit within the past year.  The report says 48.3 percent of smokers who saw a health professional in the past year recalled getting advice to quit and 31.7 percent used counseling and/or medications in the past year.

      The use of these effective treatments can almost double to triple rates of successfully quitting.

      “More than two thirds of smokers want to quit smoking and more than half tried to quit last year,” said CDC Director Thomas R. Frieden, M.D., M.P.H.  “Smokers who try to quit can double or triple their chances by getting counseling, medicine, or both.  Other measures of increasing the likelihood that smokers will quit as they want to include hard–hitting media campaigns, 100 percent smoke–free policies, and higher tobacco prices.”

      According to the report, making health care settings as well as all workplaces and public places smoke-free offers smokers additional encouragement to help them quit.  The report also notes the health care industry can increase successful quit attempts by providing comprehensive insurance coverage with no deductibles or co-payments for cessation treatments and services. 

      Free help

      Smokers can get free resources and help quitting by calling 1-800-QUIT-NOW (784-8669) or visiting www.smokefree.gov.

      “Quitting smoking is the best thing smokers can do for their health and the health of their families,” said Tim McAfee, M.D., M.P.H., director of CDC’s Office on Smoking and Health. “We know that quitting can be challenging, but more than half of Americans who ever smoked have quit and you can too.  Talk to your health care provider and call 1-800-QUIT-NOW for free help.” 

      Tobacco use remains the leading preventable cause of death and disease, including cancer, chronic obstructive pulmonary disease and other lung diseases, in the United States.  Smoking and exposure to secondhand tobacco smoke kill an estimated 443,000 Americans each year.  For every 1 smoking-related death, another 20 people live with a smoking-related disease.  

      The analysis is in CDC’s Morbidity and Mortality Weekly Report. The report is being published in conjunction with the annual Great American Smokeout, observed this year on Nov. 17. Sponsored by the American Cancer Society, the Smokeout encourages smokers to use the date to make a plan to quit, or to plan in advance and quit smoking that day.

      Most American adults who smoke wish they could quit, and more than half have tried within the past year, according to a report by the Centers for Disease C...

      High-Powered Magnets a Deadly Danger to Children

      Increasing reports of children swallowing magnets, with severe consequences

      Faced with increasing reports of children swallowing high-powered magnets, federal safety regulators are reminding parents that magnets and kids don't mix.

      Although the risk scenarios differ by age group, the danger is the same, the Consumer Product Safety Commission (CPSC) said. When two or more magnets are swallowed, they can attract one another internally, resulting in serious injuries, such as small holes in the stomach and intestines, intestinal blockage, blood poisoning and even death.

      Reports of incidents involving these high-powered ball-bearing magnets have increased since 2009. Specifically, CPSC received one incident report in 2009, seven in 2010 and 14 through October 2011. These 22 incidents have involved children ranging in age from 18 months to 15 years old.

      Of the reported incidents, 17 involved magnet ingestion and 11 required surgical removal of the magnets. When a magnet has to be removed surgically, it often requires the repair of the child's damaged stomach and intestines.

      "We want parents to be aware of the danger associated with these innocent looking magnets," said CPSC Chairman Inez Tenenbaum. "The potential for serious injury and death if multiple magnets are swallowed demands that parents and medical professionals be aware of this hidden hazard and know how to treat a child in distress."

      Age 14

      High-powered magnets and magnet components that are of a size that can be swallowed are prohibited in toys for children younger than age 14.

      The reported incidents involve magnets that are marketed as desk toys and stress relievers for adults who use the magnets to create patterns and build shapes. Often, they are sold in sets of 200 or more magnets in stationery, office supply and gift stores, and also on the Internet.

      CPSC has received reports of toddlers finding loose pieces of magnets or magnets left within reach. It can be extremely difficult for a parent to tell if any of the tiny magnets are missing from a set. In some of the reported incidents, toddlers have accessed loose magnets left on a table, refrigerator, sofa or the floor.

      With tweens and teenagers, how the product is being used has resulted in magnets being unintentionally inhaled and swallowed. CPSC is also aware of instances where the magnets were swallowed intentionally. To mimic body piercings, the older children are placing two or more magnets on opposite sides of their ear lobes, tongue and nose.

      "We sell our magnetic desk toy product, Nanospheres, on Amazon.com for adults only. As the Amazon product description and warning labels on the product itself state, these products are hazardous if ingested and are not appropriate for young children," said Dan Taggert, CEO of Kringles Toys and Gifts, manufacturer of Nanospheres.

      "High-powered magnets, such as Buckyballs, are products for adult use only and should be kept away from all children," said Craig Zucker, CEO of Maxfield and Oberton, the manufacturer of Buckyballs.

      CPSC, Kringles Toys and Gifts and Maxfield and Oberton are urging consumers who have purchased magnet sets for children younger than 14 years of age (or households with children under 14 years of age) to remove access to the sets by children immediately and contact the firms for a refund.

      Safety tips

      CPSC offers the following tips to avoid magnet ingestion injuries and advice on what to do if you suspect that your child has swallowed magnets:

      • Keep small magnets away from young children who might swallow them.
      • Look out for loose magnet pieces - and regularly inspect toys and children's play areas for missing or dislodged magnets.
      • If you suspect that magnets have been swallowed, seek medical attention immediately.
      • Look for abdominal symptoms, such as abdominal pains, nausea, vomiting and diarrhea.
      • Note that in x-rays multiple magnetic pieces may appear as a single object.

      Faced with increasing reports of children swallowing high-powered magnets, federal safety regulators are reminding parents tdhat magnets and kids don't mix...

      Survey Finds Widespread Online Bullying

      88% of teens report witnessing bullying

      Teenagers live in two worlds these days. There's the real world that includes school, family and activities, and then there's the virtual world made up of Facebook and other social networking sites.

      It turns out that bullies populate both worlds, according to a new study by the Pew Internet and American Life Project.

      The study says 69 percent of the teenagers who use social networking sites say their peers are mostly kind to one another on such sites. Still, 88 percent of these teens say they have witnessed people being mean and cruel to another person on the sites, and 15 percent report that they have been the target of mean or cruel behavior on social network sites.

      Adults less likely to report bullying

      Adult social network users are less likely to say they witness or experience this type of behavior, but they still report that it is prevalent: 69 percent of the adults who use social networking sites say they have seen people be mean and cruel to others on those sites.

      Occasionally cases of social network abuse make the headlines, such as the time a teen committed suicide after being bullied online. ConsumerAffairs.com routinely hears from readers who run into everything from slurs to outright threats.

      “For two years I've been sent awful messages calling me fat cow amd other names from Kelly **,” Sunniwest, of Sechelt, British Columbia told ConsumerAffairs.com. “She uses lots of phony names, but I can tell it's her by her language. She also sent me 25 same kind of messages on my msn. She's upsetting my whole family by this and I'd like her thrown off Facebook for good and blocked from me, because I know she will make another account.”

      Kerry, of Pittsburgh, says she has been the target of harassment on Facebook by several people using girl's names.

      “I have copies of a Facebook group they created about me titled 'You know you got haters when?'” Kerry said. “I have 55 pages of slander and threats of bodily harm and harassment. They have posted pictures of me and my real name. They have reported my account repeatedly and despite my reports to Facebook and my friends' reports to Facebook, nothing was done.”

      Who can you complain to?

      Numerous consumers like Kerry express frustration that there doesn't seem to be a human being at Facebook who can respond to their problems. Part of that may have to do with the size of the site. With more than 750 million members, any company would be hard pressed to keep up with everyone.

      The problems on Facebook and other sites may seem to be growing because so many people use them. The Pew study found that 95 percent of all teens ages 12-17 are now online and 80 percent of online teens are users of social media sites. Teens of all ages and backgrounds are witnessing these mean behaviors online and are reacting in a variety of ways:

      • 90 percent of teen social media users say they have ignored the mean behavior they have witnessed on a social network site.
      • 80 percent say they have personally defended a victim of meanness and cruelty.
      • 79 percent say they have told someone to stop their mean behavior on a social network site.
      • However, 21 percent of social media-using teens say they have personally joined in on the harassment of others on a social network site.

      “Social networking sites have created new spaces for teens to interact and they witness a mixture of altruism and cruelty on those sites,” said Amanda Lenhart, lead author of the study. “For most teens, these are exciting and rewarding spaces. But the majority have also seen a darker side. And for a subset of teens, the world of social media isn’t a pretty place because it presents a climate of drama and mean behavior.”

      Pew Internet and Family Life survey on bullying...

      Polaroid Introduces Instant Camera For Digital Age

      Camera uses digital technology to produce instant prints

      The new Polaroid camera

      The year was 1948. Polaroid, teaming with inventor Edwin Land, introduced the Polaroid Land Camera. Unlike other cameras, where you shot a roll of film and then had to take it to be processed into prints, the Polaroid camera produced a print in about 60 seconds.

      Through much of the 1980s Polaroid produced a series of models of the instant camera, but the basic concept remained the same. You could take a picture and have a print 60 seconds later.

      Then along came digital cameras and the Polaroid instant camera was instantly obsolete. Or so you might think.

      This week Polaroid introduced a new instant camera for the digital age, the Z340. It's the same concept as before, only updated. (Today's Polaroid Corp., by the way, is only distantly related to the "original" Polaroid, which filed for bankruptcy in 2001.) 

      The Z340 is a 14-megapixel digital camera with a Zink printer inside. You take a picture and the digital file is stored in the camera's memory, as with any digital camera. But if you push the “print” button, the Zink printer spits out a four by three photograph in about 45 seconds.

      The original Polaroid camera

      Noting that generations of consumers had grown up with Polaroid instant cameras, company officials said the retro camera comes full circle.

      "Polaroid photos connect people together in a way that is more personal than any photo tag, slideshow or comment box, yet digital images shape our stories," said Scott W. Hardy, President of Polaroid. "The Z340 brings these two worlds together in harmony by merging the excitement of the instant printing experience with the ease of digital photography and sharing. We're very excited to share the wonders of instant photography with a new generation."

      The camera went on sale Tuesday for $300. Thirty sheets of Polaroid ZINK 3x4'' paper costs $20. Both camera and photo paper are being sold through Polaroid.com, B&H Photo, Adorama and Amazon.com.

      Today, Polaroid is known for low-end TV sets more than cameras. Whether the Z340 captures the public imagination the way previous Polaroid cameras did remains to be seen. The camera if larger and bulkier that today's point and shoot models. Also, every smartphone is a digital camera.

      The Polaroid instant camera comes full circle...

      What's On Your Mind? Chase, Ramada Plaza, Ashley Furniture

      Our daily look at consumer reviews

      A lot of people have closed bank accounts in the last few weeks. So many, perhaps, that banks are getting a little defensive?

      I went into the Chase Bank branch located inside of the Dominik's food store in Mundelein,” Brian, of Hawthorn Woods, Ill., told ConsumerAffairs.com. I requested that my account be closed. After getting home and examining my receipt I noticed only a withdrawal. Upon calling customer service, I discovered that my account was never closed, leaving me open for monthly fees. I understand the banks are losing many customers these days, and for good reason.”

      Brian says he suspects the bank is doing this on purpose in an attempt to counter lost accounts. Probably not, but it just drives home the point that you need to be clear in your communication with you bank about what you want and, when you close an account, get some document verifying that.

      No refund

      Mary Anne, of Orlando, Fla., booked a suite at a Ramada Plaza last month for an outing with extended family. When two family members became ill and were unable to travel, Mary Ann said she attempted to cancel the reservation.

      “Three days before the reservation, we spoke to the hotel and they informed us that they would not refund the money nor credit it toward future stays,” Mary Anne said. “We were billed for $788 on Oct 31st. Ramada's corporate website states that by not cancelling or showing up, you will be billed for the first night ONLY. This was not the case and Ramada has been very difficult to deal with.”

      Ordinarily, any hotel will allow you to cancel a reservation up to a few hours before check in time. But many hotels now offer special rates and packages if you pre-pay. While they provide nice discounts off the price of a room, they're usually non-refundable. The fact that Mary Anne says she was told her money “would not be refunded” suggests she had prepaid for one of these packages. When booking a room, make sure you fully understand the terms you are agreeing to.

      That sinking feeling

      Very often a consumer will run into frustration when trying to convince a store that there is a problem with the merchandise they purchased.

      “I bought a couch and love seat at Ashley Furniture in May 2010,” Karla, of Mound, Minn., told ConsumerAffairs.com. “By November, I realized that when you sit on the love seat on either side, you roll into the middle. I have called numerous times.”

      Karla says the store personnel didn't just brush off her complaint. They responded, twice, by giving her new cushions, even though she explained that wouldn't do any good.

      “Their service guy has come out and taken pictures and explained the problem to them, but they insist there is nothing wrong,” Karla said. They finally, after approximately seven different tries at resolution, told me I could pick something different out. I went back to the showroom and either sat on almost every piece or looked at it and it is very apparent just by looking that they cave in in the center. I explained to a salesperson what I was doing and they tried to help me and went around the store sitting on all of them and were also very perplexed to find I was correct.”

      Despite finding Karla was correct, she says the store declined her request for a refund. She says she's taking the matter up with her state attorney general's office.

      Here is what's on consumer's minds today: Chase, Ramada Plaza, Ashley Furniture, No refund, That sinking feeling and closing bank accounts....

      Feeling Ill? Head for the Nearest Walmart

      Retail giant wants to provide primary healthcare services

      You have to give Walmart credit.  It never stops innovating.  The retailing giant's latest goal is to become "the largest provider of primary healthcare services in the nation," The Wall Street Journal reports.

      The newspaper says Walmart has been inviting proposals from vendors and contractors to help it gear up to offer services like testing for asthma, sleep apnea and osteoporosis; diagnostic services such as allergy and blood testing; and preventive services such as vaccinations and physical exams, as well as health and wellness products.

      Walmart may also set itself up to help consumers manage chronic conditions like diabetes and heart disease, according to a confidential company document.

      Never one for excessive modesty, Walmart said it wants to "dramatically ... lower the cost of healthcare ... by becoming the largest provider of primary healthcare services in the nation."

      Maybe someday you'll be able to stop by the Walmart clinic, have some blood drawn, then do your shopping and pick up the diagnosis and prescription as you leave the store.  

      Far-fetched?

      It might sound far-fetched but with more than 3,800 U.S. stores, lots of positive cash flow and a very nimble inventory control system, there's not much Walmart can't do if it sets its mind to it.

      One thing consumers don't think much about is the gargantuan data-processing system that enables Walmart to stock so much stuff in such an organized and cost-efficient manner.  The company was an early adopter of cutting-edge inventory-control systems, enabling it to achieve fast growth without becoming mired down in bureaucracy.

      This behind-the-scenes wizardry is what enables Walmart to keep prices low and still turn a profit.  It's also, not coincidentally, the kind of efficient use of information technology that's largely missing  

      Could Walmart really turn health care upside down?  It's possible. Think back just a few years and you'll recall that while others wrung their hands over prescription-drug costs, Walmart began offering generic prescriptions of popular drugs for $4.  Competitors followed and consumers saved untold millions of dollars.

      In its request for proposals, Walmartreportedly told vendors it wanted to pick the best low-cost services by January and roll them out as quickly as possible.

      After all, 2014 is just a few years off.  That's when the new federal health-care laws -- Obamacare to its critics -- fully take effect.  Millions more Americans will be covered by insurance, which is expected to drive up the demand for primary care.  Walmart obviously intends to be ready.   

      Word of Walmat's plans was initially revealed by Kaiserhealthnews.org.

      You have to give Walmart credit.  It never stops innovating.  The retailing giant's latest goal is to become "the largest provider of primary hea...

      'Scam Recovery Kit' Promoters Found in Contempt

      Company owners face $1,000 per day fines

      A federal judge has found a telemarketer and his company in contempt for violating a court order barring them from charging consumers in advance for a service that purportedly would help consumers recover money they lost in previous telemarketing scams.

      The contempt order stems from an action the Federal Trade Commission (FTC)  initiated in March 2011 as part of a multi-agency law enforcement initiative against scammers who prey upon financially strapped consumers.

      The contempt order found that Brian Scott Hessler and Business Recovery Services LLC violated a preliminary injunction issued against them in April by charging an up-front fee for do-it-yourself kits they claimed would help consumers recover money they lost in business opportunity and work-at-home scams. 

      The contempt order requires the defendants to make refunds to some consumers and gives them 30 days to show that their business practices comply with the court's preliminary injunction. The court will assess a $1,000 per day fine for every day they fail to certify compliance. For every violation of the injunction that the FTC can prove after the contempt order, the court will assess a $1,000 fine and order refunds to customers.

      In its original complaint, the FTC alleged that the defendants violated the Telemarketing Sales Rule by falsely claiming their kits, which cost up to $499, would help consumers recover money they lost to scams. They also accepted advance payments from consumers without waiting seven business days for the consumers to receive the recovered money.

      A federal judge has found a telemarketer and his company in contempt for violating a court order barring them from charging consumers in advance for a serv...