Current Events in August 2012

Resveratrol, a substance in the skin of red grapes and other fruit, is credited with many potent health benefits.

Among them are resistance to some cancers, increased heart health, anti-diabetic effects and reduced inflammation. Now there's another.

Researchers studying resveratrol and the elderly conclude that it may help seniors remain upright, preventing falls that cause many serious and debilitating injuries.

“Our study suggests that a natural compound like resveratrol, which can be obtained either through dietary supplementation or diet itself, could actually decrease some of the motor deficiencies that are seen in our aging population,” said Jane E. Cavanaugh, Ph.D., leader of the research team. “And that would, therefore, increase an aging person’s quality of life and decrease their risk of hospitalization due to slips and falls.”

Preventing falls

Falls become more common with advancing age and are the leading cause of injury-related death among people older than 65. In addition, about one in three older Americans has difficulty with balance or walking, according to the American Geriatrics Society.

Other diseases associated with aging can make mobility issues even more serious for seniors. While drugs can help alleviate some of the motor-related problems in Parkinson’s disease, Cavanaugh points out that there are no comparable treatments for balance and walking problems in otherwise healthy older adults. She and her colleagues set out to rectify that, focusing on natural chemical compounds such as resveratrol.

Previous studies have suggested resveratrol is something of a wonder agent. These studies suggest this antioxidant found in red wine and dark-skinned fruits might help reduce inflammation, lower cholesterol, slash the risk of heart disease and certain cancers and, perhaps, have some anti-aging effects in the body.

Not much resveratrol in wine

If you don't drink alcohol, you can still get plenty of Resveratrol. In fact, red wine actually contains very little of the substance. It is more abundant in the form of a dietary supplement and is present in foods such as red grapes, blueberries and nuts.

How does Cavanaugh know resveratrol promotes balance and mobility? Experiments on laboratory rodents. The researchers fed young and old laboratory mice a diet containing resveratrol for eight weeks. From time to time they tested the rodents’ ability to navigate a steel mesh balance beam, counting the number of times that each mouse fell.

At first the older mice had a harder time dealing with the obstacle. But by week four, the older mice were performing much the same as the young mice.

Cavanagh’s team also found some clues as to why resveratrol works in the body. Experiments on cells found that those fortified with resveratrol mitigated the damage done by oxygen free radicals. Overall, resveratrol seemed to promote healthier cells.

While the research is encouraging, it is not an excuse to have a second glass of red wine with dinner. In fact, to get any positive effects from resveratrol Cavanaugh believes it has to be taken in concentrated doses in the form of a manufactured compound.

The signs are out early this year. Just as retailers tend to promote holiday merchandise earlier and earlier each year, pharmacies, clinics and other health-related businesses are already pushing flu shots.

Flu season generally begins in the early fall and extends into the early spring. Each year pharmaceutical makers project what strains will be a threat and begin preparing the vaccine in the spring.

CVS/pharmacy and MinuteClinic announced today that flu vaccinations are now available at all of their locations nationwide.

"Getting a flu shot is the first and most important step you can take to protect yourself and your family from getting sick with influenza," said Troyen A. Brennan, M.D., Chief Medical Officer, CVS Caremark. "Flu season can be unpredictable and, because it takes about two weeks after being vaccinated to develop full protection, a flu shot is recommended as soon as vaccine is available."

Preparing for swine flu

“It's possible that sporadic infections and even localized outbreaks among people with this virus will continue to occur,” the Centers for Disease Control (CDC) said in a flu advisory. “While there is no evidence at this time that sustained human-to-human transmission is occurring, all influenza viruses have the capacity to change and it's possible that this virus may become widespread. So far, the severity of illnesses associated with this virus in people has been similar to the severity of illnesses associated with seasonal flu virus infections.”

Flu of all strains poses a more significant threat to the very old and very young. The CDC recommends that everyone who is at least 6 months old get a flu vaccine every year to protect against catching the flu.

Consumers can get a flu shot at many pharmacies and other retail locations, as well as from their health care professional. Some clinics and non-profit groups offer flu shots at no charge.

It's Monday folks. Probably the most challenging day of the work week. Some would say it represents the base of the mountain before you begin your climb. Others would compare it to the starting line you crouch behind before the gun goes off.

If Fridays are considered to be the desired end point, than Mondays are surely considered to be the difficult beginning, and many people just need a little inspiration to get them through the next five days of meetings, projects, commuting and perpetual toil.

One way to get inspired is by listening to a nice feel-good song. You know the type, the kind of tune that not only sounds great but also provides feelings of motivation through its chords, lyrics and conceptual meaning.

In an effort to spread a little joy and sunshine to our hard-working readers, ConsumerAffairs has gathered some of the best feel-good songs to help you get to that far and distant area of Friday evening quitting-time.

Lovely Day -- Bill Withers

It may be the way the bass guitar comes in, or maybe it's how the first few lyrics are smoothly delivered by Withers, but “Lovely Day” sounds just like its title, and it can make any dismal Monday seem like a bright and sunny Friday.

The song speaks of dealing with challenges, but still being able to recognize and appreciate a beautiful day. Some of the best feel-good songs are those that acknowledge life’s daily problems, but also give sensible advice on how to emotionally overcome those problems. 

Withers reminds us to acknowledge what's beautiful and good within our immediate surroundings. It's a bit harder to think of Monday's doom and gloom, for example, if you train your mind to focus on the good things in life, he conveys.

Plus, the overall musical arrangement is lush but not overbearing. Its summertime lightness of sound gives off a feeling of hopefulness and joy. It's a funky little tune to groove to as well.

Three Little Birds -- Bob Marley

When it comes to Mr. Marley and his music, there are probably 20 or 30 songs one could consider feel-good. Whether it's “One Love,” “No Woman No Cry,” or “Jammin,” the Reggae king's music usually tells you to either love, rebel, or continue to feel good.

But “Three Little Birds” is arguably his most joyful sounding, laid-back and beautifully simplistic offering. In the 70s classic, Marley speaks of seeing three small birds at the doorstep of his home, and they remind him not to worry about anything, and encourage him that everything will ultimately work itself out.

There's nothing happier than a song that has three singing and talking birds in it. 

And if nothing else, the type of Reggae music that Marley does so well, called Rock Steady, can propel you right to the West Indies, bringing you mentally under a palm tree sipping a mango flavored umbrella drink. Play this on a Monday or Tuesday and your usually hectic thoughts will suddenly feel warm and breezy. Hats off to Bob Marley & The Wailers.

Beautiful Day -- U2

Like Withers' Lovely Day, the legendary Irish band tells listeners to acknowledge beautiful things among turbulent times, but lead singer Bono takes the concept even further with a bit of added drama: “It's a beautiful day— the sky falls — you feel, it's a beautiful day,” he sings.

If anyone is able to seek and discover the positives in life, everyday can be beautiful — even if the sky is falling — says the band in this classic tune.

The overall concept of keeping your chin up in the midst of hard times may sound a little preachy or even corny to some, but that's maybe because pessimism and snark seems to get you a few more points in today's too-cool-for-school-world. Annoyingly, the earth is loaded with full-time contrarians.

Musically, the driving guitar provides a burst of energy for those who are Monday-morning-weary, and if you walk, bike or take public-transportation to work, the outside world doesn't seem as crazy when you have Beautiful Day blasting in your headphones.

On The Road Again -- Willie Nelson

If you've ever had the opportunity to cruise down the highway with your best buddies on a road trip, you probably also experienced what it feels like to be care-free and exploratory. On a road trip, it's never about the destination, it's simply about traveling somewhere outside of your usual surroundings and daily routine.

Well, Willie Nelson's “On The Road Again” allows you to do that sonically, with its lyrics of open-travel and hunting for new experience. You almost feel like one of his co-passengers on your way to something fun and exciting when listening to this tune.

It's both beautiful and inspirational, as it allows the listener to focus on other things besides their commute to work or their cranky boss.

On The Road Again is Nelson's signature song, and has truly stood the test of time for its feel-good nature and useful message of getting of town and physically escaping the daily grind.

Hey Ya! – Outkast

Anyone that's been following Hip-Hop group Outkast's career since its 1994 beginnings, knows this Atlanta duo has been churning out classic albums since they first came on to the music scene.

Outkast is anything but a typical Hip-Hop group, as they're kind of the Pink Floyd or Radiohead of the rap world. Just like these two rock bands, Outkast has managed to create music that's wonderfully weird, but still palatable, which is not an easy feat at all.

The groups classic song Hey Ya! wasn't actually a collaborative effort, as one half of the group, Andre 3000, wrote and performed the feel-good tune for the duo's double album.

Since the song hit the billboard charts in 2003, it’s been considered one of catchiest and multipurpose songs ever created. No matter what genre of music that you like, Hey Ya! is ideal for providing a burst of energy, which is great for trudging to work, working out, or getting ready to tackle the work day.

Part pop-song, part soul-song, with a touch of in your face Hip Hop, the energetic tune will have you singing, dancing and temporarily escaping your usual dread of the work week

Now it's your turn. What's on your feel-good song list?

Do you want others to know what movies you're watching? Maybe you do and maybe you don't but a federal judge in California has ruled that you have the same right to privacy when watching an online video as you do when renting from a bricks-and-mortar video store.

The ruling came in a class action against Hulu, which admitted to selling data about its users' viewing habits to KISSmetrics, a marketing data service.

In denying Hulu's motion to dismiss the case, Judge Laurel Beeler held that the Video Privacy Protection Act (VPPA) applies to online video, just as it does to  videotape rentals.

Hulu had argued that it was within its rights to sell its users' viewing preferences because they were not renting videotapes but, rather, were watching online.

The VPPA was passed in 1998 after the videotape rental habits of Supreme Court nominee Robert Bork were disclosed to the press.  It applies to  “prerecorded video cassette tapes or similar audio visual materials" and requires users' consent before any personal information showing their requests or purchases of this kind of material may be disclosed.

It also specifies that this information may only be disclosed “to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order.”  

The Court found that a  “plain reading” of the term “similar audio visual materials” suggests that the law covers various video content regardless of whether it is delivered online or on a videotape. It further found that “Congress [intended to protect] the confidentiality of private information about viewing preferences regardless of the business model or media format involved,” thus striking down Hulu's argument that because consumers did not pay for the videos they were no entitled to privacy protection rights.

Coming soon to a car near you -- event data recorders, or "black boxes." The National Highway Traffic Safety Administration (NHTSA) has refused to allow more time for arguments by privacy advocates, allowing new data standards to become effective Sept. 1, 2012.

The event data recorders (EDR) collect and store vehicle operation information before, during, and after a crash, including vehicle location, speed, seat belt use and number of vehicle occupants.

The new government regulations don't require automakers to install the black boxes but rather set standards that must be followed if the devices are installed by the manufacturer or a third party. In fact, many cars already have EDRs but there is no common standard, something NHTSA has been trying to remedy since 1997.

Safety advocates have also been pressing for installation of the recorders for a long time, saying they would yield important data that could be used to make cars safer, spotlight driver errors and yield information about highway design.

But privacy advocates fear the data will be used for more nefarious purposes. It's not much of a stretch to imagine police and personal injury lawyers using data from the boxes to prosecute drivers involving in accidents.

Whose data?

Still largely unresolved is the question of who should own – and have access to – the data gathered by the devices.

• The automakers say the data should be theirs, so that they can identify and correct shortcomings in the design and durability of their vehicles.
• Safety regulators say they should have unfettered access to the data so that they can spot those same shortcomings and order recalls.
• Law enforcement and insurance companies say they should have access to the data so they can determine not only what caused an accident but who, if anyone, was at fault.
• Insurance companies would also dearly love to monitor the boxes in realtime, not just after accidents. That way, they could raise premiums for drivers who frequently sped, made emergency stops and engaged in other behavior that might raise the risk of an accident.
• Personal injury and product liability lawyers say they should have access to the data so they can sue manufacturers, drivers and anyone else implicated by the EDR's data.

Toyota did little to build public support for manufacturers when it reportedly used EDR data from 2,000 cars involved in unintended acceleration incidents. The company then proclaimed proudly that in none of the cases was the car's electronic throttle found to be at fault.

Privacy organizations, including the Electronic Privacy Information Center (EPIC) strongly contend that the data should belong to the operator of the vehicle. 

Insurance is one of those things you pay for every month but hope you never use. But when you are in an auto accident or your home is damaged, adequate coverage for your loses and liabilities is indispensable.

However, many consumers purchase insurance policies without fully understanding what they cover. They learn about the limitations in their policy at the worst possible time.

"I pay for free towing for a few different reasons, being I am a single female living in the southeast Houston area," Charity, of Pasadena, TX, wrote in a ConsumerAffairs post. "Now, when I think of free towing, I am under the impression that if for any reason, I should have to have my vehicle towed, it will be taken care of by State Farm because I pay for it with my policy. Wrong! I had to have my car towed due to a blown head gasket and manifold intake gasket."

More costly surprises

And there can be other more serious and costly surprises if you aren't clear what your policy covers and what it doesn't. Nieves, of Worthington, Ohio, got a nasty surprise when his basement flooded.

"I'm not an agent and didn't know until the crisis that I had to have an additional water back-up plan, which my agent finally told me it would have only cost me $35 a year," Nieves wrote. "His staff has offered me all kinds of marketing with regards to my car and knew I had a finished basement and never told me I needed sewage, water back-up etc. I thought this was included. I am not the agent here or his staff."

But ultimately, consumers like Nieves have to take the responsibility to educate themselves about insurance. True, a good agent will ask lots of questions and make suggestions but consumers should take the initiative.

Consumers often in the dark

But many times they don't. A recent survey by MetLife found that 30 percent of homeowners believe their insurance coverage is based on the current market value of their home. Actually, the available coverage limit for homeowners insurance is based on the cost to rebuild the home, a mistake that could lead to confusion for homeowners trying to evaluate whether they have the right amount of insurance.

An additional 46 percent don’t know how much coverage they have for their homes’ contents, such as furniture and clothing. Additionally, many aren’t aware of coverage overlaps that may exist, which could result in opportunities to save money.

When it comes to auto insurance, consumers need to know exactly what coverages the policy contains. If a car is being financed, make sure that the payoff in the event of a total loss will be adequate to pay the amount owed. This is a major consideration for leased vehicles as well.

But don't over-insure

Part of getting educated about insurance policies means not paying for coverages you don't need. In some cases, opting for a higher deductible will mean you will pay more out of pocket in the case of an accident, but will result in lower monthly payments.

Insurance, after all, is shared risk. If you expect the insurance company to take on all the risk, you will pay a higher premium each month. But if you are willing to shoulder some of the risk -- raising the deductible for a claim to $1000, for example -- it lowers your monthly costs.

Just be sure the critical needs in both a homeowners and auto policy are covered and you know their limitations.

Look out, the pundits are circling. The dismal performance of Groupon, Facebook and other online properties is setting off another round of nay-saying and predictions of a "tech bubble" that's either about to burst or has already done so.

Maybe, but try telling that to Apple. Its market value hit $623 billion today, making it the most valueable public company in history. It eclipses the previous record of $618 billion set by Microsoft way back in December 1999.

Apple shares hit a record of $664.74 per share at midday today, driven partly by rumors of a smaller iPad and a new Apple TV that completely redefines the video experience.

The stunning achievement is a memorial to the late Steve Jobs' obsessive focus on an elegant user interface and also demonstrates the value of persistence. Far from being a one-day wonder, Apple has been in the trenches for decades, focused on out-performing its competitors and building customer loyalty. 

Back in the 1990s, when Microsoft was riding high, Apple was being labeled as an also-ran whose day had passed. As recently as 2004, the company was valued at less than $10 billion. It was at $100 billion just three years ago.

Safe haven

Apple's astronomical valuation comes partly as a result of the troubles at Groupon and Facebook, whose investors have been heading for the exits and looking for better places to stash their money.

The Wall Street Journal reported today that Silicon Valley veteran Marc Andreessen and other early Groupon investors were abandoning ship, selling off their holdings in the daily-deals company, which has lost more than three-quarters of its value since going public.

Shares of Facebook and game producer Zynga are also off as investors get cold feet about the companies' business prospects.

One reason Samsung is the sales leader in smartphones is that it produces a wide variety of models for a number of different carriers. According to a recent Gartner report, Samsung increased its market share from 16.3 percent to 21.6 percent in the second quarter of 2012, thanks in large part to its popular line of Galaxy smartphones.

It's newest phone, the Samsung Galaxy S Lightray 4G, is designed specifically for MetroPCS. In fact, its the first Samsung phone for that carrier.

The Galaxy S Lightray 4G does what many smartphones do -- it allows consumers to browse the web and run applications, download content plus stream videos and music. It's offered with no annual contract and tax-and-regulatory-fee-inclusive service plans start at just $40 per month.

Live broadcast TV

But the Galaxy S Lightray 4G is also the first smartphone in the U.S. to offer live, local broadcast television with Dyle mobile TV. Dyle mobile TV allows consumers to watch local and national sports, news and entertainment broadcast programming on their mobile phones.

Access to the Dyle mobile TV service will be offered in select markets and at no additional charge to customers on a MetroPCS 4G LTE service plan. To see whether the service is offered in your market you can check out the coverage map here. 

The Galaxy S Lightray 4G runs Android 2.3 Gingerbread and featuresw a 4.3 inch touchscreen and 1GHz processor. It has an eight magapixel rear-facing camera with LED flash and a 1.3 megapixel front-facing camera, allowing for video chatting.

The Galaxy S Lightray 4G will be MetroPCS’ first smartphone to feature 4G LTE Mobile Hotspot, allowing customers to share their MetroPCS 4G LTE connection and data with multiple Wi-Fi-enabled devices. MetroPCS will also offer 4G LTE Mobile Hotspot on future 4G LTE Android smartphones.

The phone is available now at MetroPCS stores and online for $459 plus tax.

After three weeks of presenting evidence in court, both Apple and Samsung are gearing up for closing arguments as the landmark patent case reaches a climax this week.

Closing arguments are set to begin Tuesday. It's expected the case could go to the jury on Wednesday. No less than the future of smartphone and tablet universe is at stake.

'Slavishly copying'

Apple, based in Cupertino, CA, brought the case against Korea-based Samsung, accusing the equipment maker of "slavishly copying" apple's design for smartphones and tablets. It's seeking $2.5 billion in damages, which would essentially be 100 percent of Samsung profits from smartphone and tablet sales.

During the three-week trial Samsung denied copying Apple's technology and argued that the iPad and iPhone were significantly aided by other companies' existing technology.

This isn't the only Apple versus Samsung case. Apple has sued Samsung in other countries making the same claims.

The suits come as Samsung has quietly taken a commanding lead in smartphone sales, though Apple's iPad still dominates among tablets. While Apple makes the iPhone 4S and sells older versions of the iPhone, Samsung has produced a wide variety of high-performance and feature-laden Android phones that run on the faster 4G LTE networks.

Turning out more smartphone models

While Apple puts out one new smartphone each year, Samsung might introduce a dozen. A recent Gartner report shows it continued to pull away from Apple in the smartphone sales race in the second quarter, commanding 21 percent of the market.

Technology writer Steven Vaughn-Reynolds, of ZD Net, who says he owns and uses a number of Apple devices, writes that he believes Apple is suing Samsung because it is afraid to compete with the Korean manufacturer.

"I think it's because Apple, without a well Jobs, has gotten frightened of competition," he writes. "Apple can afford to make nice with Microsoft. The boys from Redmond with their smartphones and tablets have never been competitive in either market. Android is another matter."

And Jobs, shortly before his death, expressed anger at Android, which is a product of Google, not Samsung, vowing to use all of Apple's money, if necessary, to destroy it.

Fewer male babies are being circumcised in the U.S. and a new study says that while that may save a few dollars now, it could lead to trouble down the road.

“Continued decreases ... are associated with increased infection prevalence, thereby increasing medical expenditures for men and women,” the study notes.

Using a computer-based simulation model, researchers project that a continued decline in male circumcision rates in the United States to levels in Europe, where the procedure is not routinely covered by insurance, may be associated with increased estimated lifetime medical costs and a higher estimated prevalence of infections including human immunodeficiency virus (HIV) and human papillomavirus (HPV), according to a report published Online First by Archives of Pediatrics & Adolescent Medicine, a JAMA Network publication. 

State governments are increasingly eliminating Medicaid coverage for neonatal male circumcision (MC), with 18 states having already abolished coverage.

“Although there are multiple factors that contribute to a nation’s MC rate, it is likely that reductions in insurance coverage play a role in lowered MC rates. Thus, the financial and health implications of policies that affect MC are substantial,” the authors comment.

Seema Kacker, B.S., and colleagues at Johns Hopkins University, Baltimore,  used a computer-based simulation model that included a scenario whereby MC rates would be reduced to 10 percent, which the study results indicate could increase estimated lifetime health care costs by $407 per man and $43 per woman.

Urinary tract infections 

Under a 10 percent MC rate among males in a birth cohort of 4 million, cases of infant male urinary tract infections were estimated to increase 211.8 percent, HIV infections were estimated to increase by 12.2 percent, HPV infections were estimated to increase by 29.1 percent and herpes simplex virus type 2 by 19.8 percent.

Among women, cases of bacterial vaginosis were estimated to increase by 51.2 percent, high-risk HPV were estimated to increase by 18.3 percent and low-risk HPV by 12.9 percent, according to the study results.

The researchers conclude: “Furthermore, a closer examination of MC rates, STI [sexually transmitted infection] incidence and the demographic characteristics of Medicaid beneficiaries suggests that the subpopulations likely to quality for Medicaid also have the lowest rates of MC and the highest infection incidence. Therefore, decreased Medicaid coverage of MC may further exaggerate racial and socioeconomic disparities.”

Do you ever get the feeling your doctor seems remote and depressed? He or she may be suffering from burnout, new study suggests. The national survey finds that symptoms of burnout among U.S. physicians are at an "alarming level."

The study found that 45.8 percent of physicians reported at least one symptom of burnout, according to a report published Online First by Archives of Internal Medicine, a JAMA Network publication.

“Collectively, the findings of this national study indicate that (1) the prevalence of burnout among U.S. physicians is at an alarming level, (2) physicians in specialties at the front line of care access (emergency medicine, general internal medicine and family medicine) are at greatest risk, (3) physicians work longer hours and have greater struggles with work-life integration than other U.S. workers and (4) after adjusting for hours worked per week, higher levels of education and professional degrees seem to reduce the risk for burnout in fields outside of medicine, whereas a degree in medicine (M.D., or D.O.) increases the risk,” the authors of the study concluded. 

Quality of care

Other studies have suggested burnout may influence the quality of care and increase the risk for medical errors, as well as have adverse effects on physicians, including broken relationships, problem drinking and suicidal thoughts, according to the study background.

“The fact that almost 1 in 2 U.S. physicians has symptoms of burnout implies that the origins of this problem are rooted in the environment and care delivery system rather than in the personal characteristics of a few susceptible individuals,” the authors conclude. “Policy makers and health care organizations must address the problem of physician burnout for the sake of physicians and their patients.”

Tait D. Shanafelt, M.D., of the Mayo Clinic, Rochester, Minn., and colleagues conducted a national study of burnout in physicians from all specialty disciplines using the American Medical Association Physician Masterfile and a sample of working U.S. adults from the general population for comparison.

The study’s results indicate that 37.9 percent of U.S. physicians had high emotional exhaustion, 29.4 percent had high depersonalization and 12.4 percent had a low sense of personal accomplishment. Compared with 3,442 working U.S. adults, physicians were more likely to have symptoms of burnout (37.9 percent vs. 27.8 percent) and to be dissatisfied with their work-life balance (40.2 percent vs. 23.2 percent), the study found.

Differences in burnout also varied by specialty with emergency medicine, general internal medicine, neurology and family medicine having the highest rates, while pathology, dermatology, general pediatrics and preventive medicine had the lowest rates, according to the study.

Researchers suggest more work needs to be done to understand physician burnout and develop interventions.

The U.S. Department of Transportation (DOT) has fined JetBlue Airways $90,000 for violating federal rules last March by not informing passengers on an aircraft delayed at New York’s JFK Airport that they had an opportunity to leave the plane as it sat at the gate with the door open. DOT also ordered the airline to cease and desist from further violations. 

JetBlue violated a provision of the DOT’s new airline consumer protection rule requiring that if passengers on a delayed flight have the opportunity to leave the aircraft, the carrier must inform them that they can deplane. Announcements that passengers can leave the plane must come 30 minutes after the scheduled departure time and every 30 minutes afterward. 

“Airlines may not leave passengers stranded indefinitely aboard an aircraft, whether on the tarmac or at the gate, and passengers must be told if they are able to leave the plane,” said U.S. Transportation Secretary Ray LaHood. “At DOT, we are committed to protecting consumers when they travel by air, and will continue to take enforcement action when our rules are violated.” 

Stuck on the tarmac 

On March 3, 2012, JetBlue Flight 645 was scheduled to depart New York’s JFK Airport at 7:30 p.m. and arrive at San Francisco at 11:16 p.m. local time. Boarding began at 7:06 p.m., but the flight was delayed and the doors to the aircraft did not close until 9:55 p.m. An investigation by DOT’s Aviation Enforcement Office found that passengers were not notified that they had the opportunity to leave the aircraft during this delay, even though the aircraft door was open and customers could have deplaned at any time. 

The Enforcement Office also found that JetBlue’s contingency plan for long tarmac delays did not contain the assurance, as required by the DOT rule, that passengers on delayed flights will receive notifications about the status of the delay every 30 minutes, including the reasons for the delay. 

DOT’s new airline consumer protection rule, which took effect in August 2011, was adopted as part of the department’s efforts to prevent passengers from being left for extended periods aboard aircraft. The new rule expanded an existing ban on tarmac delays of more than three hours on domestic flights, which took effect in April 2010, by adding a four-hour limit for tarmac delays on international flights operating at U.S. airports. Exceptions to the tarmac-delay limits are allowed only for safety, security, and air traffic control-related reasons.

Ever wonder why eating some foods just make you feel better? New evidence suggests it's because their natural ingredients bear a striking chemical similarity to valproic acid, a widely used prescription mood-stabilizing drug.

Valproic acid is used to treat bipolar disorder and major depression and is marketed under the names Depakote, Depakote ER, Depakene, Depacon, Depakine, Valparin and Stavzor.

A research team attending the annual meeting of the American Chemical Society presented findings from a study of more than 1,7000 substances that contribute to the flavors of a wide variety of “comfort” foods, such as chocolate, berries and some teas.

Positive effects on mood

“Molecules in chocolate, a variety of berries and foods containing omega-3 fatty acids have shown positive effects on mood,” said Karina Martinez-Mayorga, Ph.D., leader of a research team that has been studying the effects of flavors on mood.

“In turn, our studies show that some commonly used flavor components are structurally similar to valproic acid.”

Martinez-Mayorga said her team relied on a large body of evidence showing that chemicals in chocolate, blueberries, raspberries, strawberries, teas and certain foods could well be mood-enhancers encourages. That, she said, encouraged the researchers to look for other mood modulators in food.

Drug researchers, of course, spend a lot of time working on compounds that can help patients cope with mood swings. And while food will not supplant pharmacology, Martinez-Mayorga sees room for this kind of exploration in the food industry as well. Food industry research, however, will focus on less-severe mood changes, she says.

New view of 'comfort' food

People have recognized the mood-altering properties of various foods for years. It's the whole reason we call some types of food “comfort food.” Previously, however, we just assumed the texture, smell and taste brought about this result. It was assumed to be a psychological response, often associated with pleasant childhood memories.

Now Martinez-Mayorga’s team and other research groups are seeking to identify the chemical compounds that moderate mood swings, help maintain cognitive health, improve mental alertness and delay the onset of memory loss.

She expects to see more research in this area and the identification of more foods that can have benefits beyond those of general good health. For example, in the last two years researchers have identified compounds in blueberries that can guard against cancer and cognitive decline. And while eating the right foods may keep you in better health, it's no substitute if you are already ill.

“It is important to remember that just eating foods that may improve mood is not a substitute for prescribed antidepressive drugs,” Martinez-Mayorga said.

And for people not requiring medication, she notes that eating specific foods and living a healthful lifestyle can generally boost mood.

A Macon, GA, tax return preparer has pleaded guilty to filing a false claim for tax refund, theft of government money and aggravated identity theft. 

According to court documents, Willie C. Grant is a former tax return preparer who used many of his former clients’ names and Social Security numbers to file false federal income returns in their names and without their knowledge. 

On these tax returns, Grant intentionally claimed false tax refunds and directed the IRS either to electronically deposit the false refunds into his personal or business bank accounts or to issue paper refund Treasury checks which he then cashed or deposited into his personal or business bank accounts. He spent the proceeds of his false refund scheme on personal items including expensive cars and personal living expenses. 

Elderly and disabled victimized 

Court documents further established that from 2003 through 2008, Grant owned and operated a tax return preparation business, Grant Income Tax Bookkeeping and Check Cash (GIT) out of his home in Macon, eventually closing GIT in 2009. 

During calendar years 2006 through 2009, Grant prepared and filed false tax returns in the names of unsuspecting individuals. Many of the individuals were elderly or disabled former clients of GIT or deceased individuals. Grant admitted that that he abused his position of private trust as a professional paid tax preparer in committing his crimes. 

Grant faces a potential maximum sentence of 17 years in prison and a fine of up to $500,000. Sentencing was set for Oct. 30, 2012.

Highline Mushrooms of Leamington, Ontario, Canada, is recalling Highline 8 oz. packaged Sliced White Mushrooms from all marketplaces. 

The grower/processor says it was notified that the product may be contaminated with Listeria monocytogenes, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems. 

The following Sliced White Mushrooms, sold in 227 g ( 8 oz ) containers bearing lot code L410805 followed by a 4-digit time code ( e.g., L4108051420 ) and a Best Before Date of 12AU15, are affected by the alert. 

The product was held for sale at Ciolino Produce, Temperance, MI. / Monroe, MI, on August 10, 2012 – August 12, 2012. 

There have been no reported illnesses associated with the consumption of these products. 

Consumers should discard all 8 oz. Sliced White Mushrooms and bring in a receipt for a complete refund. 

For more information consumers can call Ciolinos at 1-734-847-4140 between the hours of 9:00 a.m. to 7:00 p.m. Monday through Saturday Eastern time.

Suzuki is recalling more than 101,600 model year 2004-2006 Forenza and model year 2005-2006 Reno vehicles manufactured from September 23, 2003, through March 7, 2006. 

Increased resistance due to poor contact between the terminals of certain wires can generate heat that can melt the splice pack used to connect the power circuit wires for the headlamps. This can result in intermittent or total loss of low/high beam headlamp function. 

If the headlamps fail to function, this will lead to reduced driver visibility, increasing the risk of a crash. 

Suzuki will notify owners, and Suzuki dealers will reconnect the affected wires with two heat-shrink crimps, free of charge. The safety recall is expected to begin during September. Owners may contact Suzuki at 1-714-996-7040.

On-Cor Frozen Foods of Geneva, IL, is recalling approximately 605 pounds of frozen boneless rib-shaped patties with barbecue sauce because they may have been mispackaged and labeled as Salisbury steak products. 

The products subject to recall include:

• 28-oz. packages of "On-Cor Gravy & 6 Salisbury Steaks made with chicken, pork and beef, Family Size" with the number "EST. 1044G" inside the USDA mark of inspection. 

The products, which were produced on July 9, 2012, have a product UPC number of "070575040091" and the following code date located on the right end panel: "BEST BY Jul 09 2013, 1912 11:__ EST 1044G." The products were distributed to retail establishments in Iowa. 

The problem was discovered as a result of complaints reported to the company by consumers and may have occurred because of incorrect cartons being interspersed during the packaging process. 

Consumers with questions about the recall should contact the company's Customer Service Manager, Julie Hooghkirk at (630) 692-2241.

A lot of industries have picked up on the concept of offering their products through a truck that drives around town. Food companies first introduced the craze, then clothing brands, and even antique shops have gotten into the idea of bringing their products directly to the people.

But just when you thought you've heard it all, there's a truck in New York City that's selling, of all things, DNA paternity tests.

The truck's owner Jareed Rosenthal drives it on behalf of Health Street, a company that provides background checks, drug screenings and other types of services across the country. Rosenthal says many parents come to him full of worry and uncertainty. Although he's glad for the business, he said he feels their pain. 

“It's just drama, a lot of drama,” he says. “You see a man come in with a baby. You see them together and you just hope that he's the father.”

The truck which shamelessly has “Who's Your Daddy” written on its side, has been recently located in the downtown section of Manhattan on the Lower East Side.

Mail or in-home

Rosenthal charges anywhere from $299 to $575 for the test, and customers have the option to have the results mailed to their home, or given to them in person once the tests come back from the laboratory.

According to a published report, the number of men taking paternity tests has increased by 64 percent within the last ten years, and over 400,000 males have undergone testing since then. Results of the test are reported to be 99 percent accurate.

By swiping the inside of one's cheek, a person can determine the truth about a child's true parent in about two days’ time. Rosenthal says just the sight of the truck is enough to prompt people to get spontaneously tested.

“They flag us down, they pull us over, they talk to us,” he says. “Half the job is to be a psychologist to folks.”

But those interested don't actually have to flag down the truck to be tested, as they can also make calls for an appointment. Conveniently, the truck will drive to an area that's closer to you, or it will come directly to your home.

“Sometimes, because of the nature of the services, they want to be a little more discreet about it, but they do come or they'll call the number,” Rosenthal says.

OK, so who is your daddy?

Rosenthal also says he gets plenty of women who stop by the RV truck to have their kids tested, in an effort to learn who the actual father is. “I had one woman get six kids DNA tested once," he said. "Something about the RV makes it more intimate and people open up. It makes it is easier for them”

It would be easy to compare the paternity truck to the Maury Povich show that now seems to base most of its shows on who real fathers are. But Rosenthal doesn't want to be compared to the long-running TV talk show.

“We try to be the anti-Maury,” he stated. “They just do that stuff so they can prey on the fighting.”

Rosenthal says a lot of people in the armed forces have either phoned him, or visited his truck. “I get a lot of military requests,” he says. “I think when they're away, they want the assurance.”

Although the truck is parked within a residential area, and really stands out with its weird blue and black color-scheme, residents don't seem to mind, as few complaints have been reported.

Only in New York folks, only in New York.

A Nebraska woman charges that Parkay Spray butter substitute isn't as calorie- and fat-free as it claims to be. Pamela Trewhitt claims in a lawsuit that seeks class action status that ConAgra Foods intentionally misrepresents Parkay Spray in its advertising. 

The spray is marketed as fat-free and caloria-free but Trewhitt's suit claims that, in fact, an 8-ounce bottle contains 832 calories and 93 grams of fat.

"Defendant knew or should have known that its product was mislabeled and engendered confusion among consumers," the lawsuit says.

The comany said it stands behind the product and its labeling.

"While we don’t comment on pending litigation, ConAgra Foods stands behind the accuracy of our labeling and has a long-established commitment to marketing our food responsibly. We intend to vigorously defend this litigation," Becky Niiya of ConAgra told ConsumerAffairs.

The lawsuit quotes consumer complaints on the Internet about the spray.

"I could not figure out why I simply could not lose hardly even a pound, even though I was working out hard ... and monitoring calories ... for a couple of years ... I was also literally taking the top of the 'fat and calorie free butter' spray and pouring it on all my carefully steamed veggies when I found out that a bottle of that stuff is 90 fat grams," said one consumer quoted in the suit.

"I was going through two bottles a week, and working out and getting fat and unhealthy," the consumer complained.

The lawsuit claims ConAgra is violating the Nebraska Consumer Protection Act and seeks damages of $5 million. It also asks for an injunction to prohibit the allegedly inaccurate labels.

Of course, not everybody's unhappy with the product. Melissa of North Carolina, for one, was so pleased with her bottle of Parkay Spray that she posted a video on the ExpoTv site. Melissa doesn't say whether she was paid or otherwise compensated for her endorsement.