Current Events in August 2012

Economists worried the U.S. economy was slipping back into a recession over the summer are breathing a little easier. Among recent hopeful signs for the economy is the July retail sales report.

In July, sales were up a surprising 0.8 percent. Excluding vehicle purchases, which can often skew the results, the number was the same. Economist Joel Naroff, of Naroff Economic Advisors, in Holland, Pa., was among those who was surprised by the numbers.

"Well, it looks like I was wrong," Naroff said. "People beat the heat by having the malls pay for the air conditioning and while they were there, they happened to pop into the stores and buy lots of goods."

Gasoline only a minor factor

Gasoline prices were rising during the month of July so it's possible that increased spending helped boost sales. But Naroff said it was only a minor factor.

"Every single component of the retail sales report rose, which was a real surprise," Naroff said. "Indeed, the only group that didn't post at least a strong 0.5 percent gain was food and beverage stores, which were still up decently."

A lot of the extra spending was from online retailers. That could have been a product of consumers not wanting to venture too far from air conditioned homes during the hottest month of the year or simply part of the growing trend of online shopping.

The real test for consumer spending will come this month, once all the back-to-school spending has been added up. Back to school has become a huge shopping season, second only to the Christmas holidays in importance for retailers. If sales turn out to be strong, it could be an important sign for the economy.

Businesses need to step up

"Nothing would do more for the economy and earnings than rising consumer demand," Naroff said. "But until some of the growing piggy banks in the corporate sector are distributed to workers, there will be limited potential for spending. It is hard to keep up the spending pace when your income is flat while prices are rising."

But there are still some things to worry about. June's retail sales numbers were revised downward. Also, gasoline costs are soaring and food costs soon will be. Naroff said he would feel more confident about the economy going forward if he saw businesses begin to spend more.

Balloting for the Passenger Choice Awards, a yearlong survey asking passengers to rate their travel experience, is currently underway. So far only three U.S. domestic airlines are among the finalists and only one made the final cut in more than one category.

Virgin America is a finalist in the "Best Overall Passenger Experience," "Best in the Americas Region," "Best In-Flight Entertainment Interface," "Best Inflight Connectivity & Communications," "Best In-Flight Video," "Best Cabin Ambiance," "Best Ground Experience," and "Best In-Flight Publication."

Best showing among domestic airlines

That's by far the best showing of any other U.S.-based airline with JetBlue making the list of finalists for "Best in the Americas Region" and Southwest Airlines for "Best In-flight Publication."

While Virgin America racked up finalist rankings in an impressive number of categories, the airline is not without an occasional complaint.

"We flew Virgin America to Los Angeles on May 4, 2012 -- my daughter, my son-in-law and myself," Penelope, of Long Beach, NY, wrote in a ConsumerAffairs post. "Our seats were not together. My TV screen did not work. The Wi-Fi service I paid $17.50 for did not work either. My main complaint is that the crew was so rude it was painful. I did order from the menu and paid a hefty price. The order was dropped on my tray without a word. The cabin crew were never around for any reason and that was on the way to LA. Coming back the trip was worse."

Another view

But Jackson, of Studio City, CA, reports a completely different experience with Virgin America.

"I was just looking at the reviews for Virgin America and it is hard to believe some of them because out of my many flights with VA, they have all been great," Jackson wrote. "Every time I have entered the terminal, the agents have always been smiling and happy, same with the inflight crew! I don't even recall ever seeing any other passengers having a bad time either. I'm sure it does happen on occasion but not that I have seen."

Virgin America and JetBlue are the only U.S.-based airlinex to be finalists in the "Best Overall - Americas Region" category. The other finalists are Avianca, Lan Airlines, and Taca International.

The Passenger Choice Awards, organized by the Airline Passenger Experience Association, give travelers another way to compare the accomplishments of various airlines as they relate to the entire passenger experience. The winners will be announced at a ceremony September 17 in Long Beach, CA.

The U.S. Food and Drug Administration (FDA) has signed off on the 2012-2013 influenza (flu) vaccine formulation for all six manufacturers licensed to produce and distribute the vaccines in the U.S.

Each year experts from the FDA, the World Health Organization, the Centers for Disease Control and Prevention (CDC) and other public health experts study influenza virus samples and global disease patterns to identify virus strains likely to cause the most illness during the upcoming flu season.

Based on that information and the recommendations of the FDA’s Vaccines and Related Biological Products Advisory Committee, the strains selected for inclusion in the 2012-2013 flu vaccines are:

• A/California/7/2009 (H1N1)-like virus
• A/Victoria/361/2011 (H3N2)-like virus
• B/Wisconsin/1/2010-like virus.

While the H1N1 virus is the same as what was included in the 2011-2012 influenza vaccines, this year’s influenza H3N2 and B viruses differ from those in the 2011-2012 influenza vaccines.

Cornerstone of prevention

Vaccination remains the cornerstone of preventing influenza, a contagious respiratory disease caused by different influenza viruses infecting the nose, throat and lungs. This year’s seasonal vaccines will provide protection against the three influenza virus strains that global surveillance indicates are likely to be the most common strains circulating during the upcoming season.

There is always a possibility of a less than optimal match between the virus strains predicted to circulate and the virus strains that end up causing the most illness. However, even if the vaccine and the circulating strains are not an exact match, the vaccine may reduce the severity of the illness or may help prevent influenza-related complications.

“The best way to prevent influenza is by getting vaccinated each year,” said Karen Midthun, M.D., director of the FDA’s Center for Biologics Evaluation and Research. “It is especially important to get vaccinated this year because two of the three virus strains used in this season’s influenza vaccines differ from the strains included in last year’s vaccines.”

Get your flu shot

According to the CDC, between five percent and 20 percent of the U.S. population develops influenza each year. This leads to more than 200,000 hospitalizations from related complications. Influenza seasons are unpredictable and can be severe, with annual influenza-related deaths ranging from a low of about 3,000 to a high of 49,000 people in the U.S.

The CDC’s Advisory Committee on Immunization Practices, recommends that everyone six months of age and older receive an annual influenza vaccine.

Health care providers play an important role in advising their patients to get vaccinated each year and should also protect themselves, their patients, their family and the community from influenza by getting vaccinated.

The manufacturers licensed to produce the nation’s 2012-2013 flu vaccines and the brand names of the vaccines for the upcoming flu season are:

• Afluria, manufactured by CSL Limited;
• Fluarix, manufactured by GlaxoSmithKline Biologicals;
• FluLaval, manufactured by ID Biomedical Corporation;
• FluMist, manufactured by MedImmune Vaccines Inc.;
• Fluvirin, manufactured by Novartis Vaccines and Diagnostics Limited; and
• Fluzone, Fluzone High-Dose and Fluzone Intradermal, manufactured by Sanofi Pasteur.

The Centers for Disease Control and Prevention (CDC) no longer recommends the oral antibiotic cefixime as a first-line treatment option for gonorrhea in the U.S. because it's possible that the bacterium that causes the venereal disease is becoming resistant to the drug.

The change was prompted by recent trends in laboratory data showing cefixime, marketed under the brand name Suprax, is becoming less effective in treating the sexually transmitted disease. That leaves just one recommended drug proven effective for treating gonorrhea -- the injectable antibiotic ceftriaxone.

Combo therapy

According to the revised guidelines, published in CDC’s Morbidity and Mortality Weekly Report, the most effective treatment for gonorrhea is a combination therapy: the injectable antibiotic ceftriaxone along with one of two other oral antibiotics, either azithromycin or doxycycline.

In the past, gonorrhea has developed resistance to every antibiotic recommended for treatment, leaving the cephalosporins, which include cefixime and ceftriaxone, as the final recommended class of drugs.

In light of this history and the recent lab data, CDC researchers are concerned that continued use of cefixime may prompt gonorrhea to develop resistance to all cephalosporins. Limiting the use of cefixime now may help preserve ceftriaxone as a treatment option for a little longer.

“As cefixime is losing its effectiveness as a treatment for gonorrhea infections, this change is a critical pre-emptive strike to preserve ceftriaxone, our last proven treatment option,” said Kevin Fenton, M.D., director of the CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention. “Changing how we treat infections now may buy the time needed to develop new treatment options.”

Follow-ups recommended

To guard against the threat of drug resistance, the guidelines outline additional follow-up steps providers should take to closely monitor for ceftriaxone treatment failure. According to the new recommendations, patients who have persistent symptoms should be retested with a culture-based gonorrhea test, which can identify antibiotic-resistant infections. The patient should return one week after re-treatment for another culture test -- called a test-of-cure -- to ensure the infection is fully cured.

In some instances, cefixime may be needed as an alternative treatment option. If ceftriaxone is not readily available, providers may prescribe a dual therapy of cefixime plus either azithromycin or doxycycline. Azithromycin may be given alone if a patient has a severe allergy to cephalosporins.

However, to monitor closely for resistance, if either of these alternative regimens is prescribed, providers should perform a test-of-cure one week after treatment.

Additional measures will be needed to stay ahead of untreatable gonorrhea, according to Gail Bolan, M.D., director of CDC’s Division of STD Prevention. “It is imperative that researchers and pharmaceutical companies prioritize research to identify or develop new, effective drugs or drug combinations,” Bolan said. “Health departments and labs can help CDC monitor for emerging resistance by enhancing or re-building their ability to do culture testing.”

Serious health consequences

It is critical for individuals to take steps to protect themselves from infection. The surest way to prevent infection is not having sex. For those who are sexually active, consistent and correct condom use and limiting the number of sex partners are effective strategies for reducing the risk of infection.

Gonorrhea is one of the most common STDs in the United States; more than 700,000 infections are estimated to occur in this country each year. Although some men and women may have symptoms (such as burning when urinating or discharge), most people do not. As a result, many infections go undetected and untreated.

Left untreated, gonorrhea can cause serious health problems, particularly for women, including chronic pelvic pain, life-threatening ectopic pregnancy, and even infertility. Infection also increases the risk of contracting and transmitting HIV.

In the last few years Congress has passed new consumer protections for bank customers, but that hasn't stopped fees from rising. A semi-annual study by MoneyRates.com finds that bank customers saw all types of fees creep a little higher in the first half of the year.

For example, checking accounts got more expensive. The average monthly service fee on checking accounts is $12.08, compared with $11.28 in the previous six months. That's just under $145 a year for the privilege of having a checking account at a bank.

For those who wanted to open a checking account in the first six months of the year, the amount of funds needed to do so also rose. The average amount to open an account is $408.76, versus $391.41. While that's not a fee, that amount -- as it rises -- acts as a barrier to prevent poorer consumers from opening a checking account.

Rising minimum balance

If you want to avoid that monthly service fee on your checking account, you can do so at many banks by keeping more money in the account. But again, that threshold is rising. The study shows you now need an average of $4,446.57 in an account to avoid the fee; it was $3,590.83 in the previous six months.

Of course, if your bank offers free checking, there is no minimum balance and no monthly service fees. But finding one of these banks got a little harder in the first half of the year. Only 35.3 percent of the accounts in the survey were free of the monthly fee, down from 38.8 percent.

Thanks to new regulations consumers must now opt-in for overdraft "protection," meaning they can avoid overdraft fees altogether by not taking that action. But for those who are still paying for overdraft coverage on their checking accounts, they're paying more.

The average overdraft fee in the first six months of 2012 was $29.83, up 60 cents from the previous six months.

All fees are rising

The analysts at MoneyRates.com say in the past, their surveys showed some fees rising and some falling or staying the same. This survey is different, they say, because the average fee rose across all categories.

But there was a difference when you broke banks down by size. The bigger the bank, the more the fees went up. For example, the average monthly maintenance fee at large banks was $13.88 but only $9.87 at small banks. And almost all the free checking accounts were found at small banks.

Last November a grassroots backlash against rising bank fees resulted in "Bank Transfer Day," when fed-up consumers were encouraged to switch their accounts from banks with high fees to small banks and credit unions where fees were lower. The result appears to be even higher fees for those consumers who remained behind.

You like hot chocolate? Guess what -- it likes you.

New new research in the American Heart Association's journal Hypertension finds that consuming cocoa flavanols daily may improve mild cognitive impairment.

Each year, more than six percent of people 70 or older develop mild cognitive impairment -- a condition involving memory loss that can progress to dementia and Alzheimer's disease.

Flavanol factor

Flavanols, naturally occurring antioxidants, can be found in tea, grapes, red wine, apples and cocoa products and have been associated with a decreased risk of dementia.

They may act on the brain structure and function directly by protecting neurons from injury, improving metabolism and their interaction with the molecular structure responsible for memory researchers said. Indirectly, flavanols may help by improving brain blood flow.

In this study, 90 elderly participants with mild cognitive impairment were randomized to drink daily either 990 milligrams (high), 520 mg (intermediate) or 45 mg (low) of a dairy-based cocoa flavanol drink for eight weeks. The diet was restricted to eliminate other sources of flavanols from foods and beverages other than the dairy-based cocoa drink.

Cognitive function was examined by neuro-psychological tests of executive function, working memory, short-term memory, long-term episodic memory, processing speed and global cognition.

Researchers found:

• Scores significantly improved in the ability to relate visual stimuli to motor responses, working memory, task-switching and verbal memory for those drinking the high and intermediate flavanol drinks.
• Participants drinking daily higher levels of flavanol drinks had significantly higher overall cognitive scores than those participants drinking lower-levels.
• Insulin resistance, blood pressure and oxidative stress also decreased in those drinking high and intermediate levels of flavanols daily. Changes in insulin resistance explained about 40 percent of the composite scores for improvements in cognitive functioning.

Encouraging evidence

"This study provides encouraging evidence that consuming cocoa flavanols, as a part of a calorie-controlled and nutritionally-balanced diet, could improve cognitive function," said Giovambattista Desideri, M.D., study lead author and director of Geriatric Division, Department of Life, Health and Environmental Sciences, University of L'Aquila in Italy. "The positive effect on cognitive function may be mainly mediated by an improvement in insulin sensitivity. It is yet unclear whether these benefits in cognition are a direct consequence of cocoa flavanols or a secondary effect of general improvements in cardiovascular function."

The study population was generally in good health without known cardiovascular disease. Thus, it would not be completely representative of all mild cognitive impairment patients. In addition, only some clinical features of mild cognitive impairment were explored in the study.

"Given the global rise in cognitive disorders, which have a true impact on an individual's quality of life, the role of cocoa flavanols in preventing or slowing the progression of mild cognitive impairment to dementia warrants further research," Desideri said. "Larger studies are needed to validate the findings, figure out how long the positive effects will last and determine the levels of cocoa flavanols required for benefit."

The Agriculture Department (USDA) will purchase up to $170 million of pork, lamb, chicken and catfish for federal food nutrition assistance programs, including food banks.

The purchase is intended help relieve pressure on American livestock producers during the drought, while helping bring the nation's meat supply in line with demand while providing high quality, nutritious food to recipients of USDA's nutrition programs.

"These purchases will assist pork, catfish, chicken and lamb producers who are currently struggling due to challenging market conditions and the high cost of feed resulting from the widespread drought,” said Agriculture Secretary Tom Vilsack. “The purchases will help mitigate further downward prices, stabilize market conditions, and provide high quality, nutritious food to recipients of USDA's nutrition programs."

Pork, catfish, chicken and lamb

The purchase includes up to $100 million of pork products, up to $10 million of catfish products, up to $50 million in chicken products and up to $10 million of lamb products for federal food nutrition assistance programs, including food banks.

Through the Emergency Surplus Removal Program, USDA can use Section 32 funds to purchase meat and poultry products to assist farmers and ranchers who have been affected by natural disasters. The pork, lamb and catfish purchases are based on analysis of current market conditions.

A major factor affecting livestock producers is the value of feed, which is currently running high because of the drought.

USDA's Agricultural Marketing Service (AMS) purchases a variety of high-quality food products each year to support the National School Lunch Program, the School Breakfast Program, the Summer Food Service Program, the Food Distribution Program on Indian Reservations, the Commodity Supplemental Food Program and the Emergency Food Assistance Program. USDA also makes emergency food purchases for distribution to victims of natural disasters.

Food items are required to be low in fat, sugar and sodium. The commodities must meet specified requirements and be certified to ensure quality. AMS purchases only products of 100 percent domestic origin.

Assistance programs

Within the last month, USDA has opened the Conservation Reserve Program to emergency haying and grazing, has lowered the borrower interest rate for emergency loans, and has worked with crop insurance companies to provide more flexibility to farmers. USDA has also announced the following:

• Authorized $16 million in existing funds from its Wildlife Habitat Incentive Program (WHIP) and Environmental Quality Incentives Program (EQIP) to target states experiencing exceptional and extreme drought.
• Authorized the transfer of $14 million in unobligated program funds into the Emergency Conservation Program (ECP) to help farmers and ranchers rehabilitate farmland damaged by natural disasters and for carrying out emergency water conservation measures in periods of severe drought.
• Authorized haying and grazing of Wetlands Reserve Program (WRP) easement areas in drought-affected areas where haying and grazing is consistent with conservation of wildlife habitat and wetlands.
• Lowered the reduction in the annual rental payment to producers on CRP acres used for emergency haying or grazing from 25 percent to 10 percent in 2012.
• Simplified the Secretarial disaster designation process and reduced the time it takes to designate counties affected by disasters by 40 percent.

During the 2012 crop year, USDA has designated 1,628 unduplicated counties across 33 states as disaster areas -- 1,496 due to drought -- making all qualified farm operators in the areas eligible for low-interest emergency loans.

Hercules Tire & Rubber Company is recalling 1,222 H502 radial medium tubeless truck tires, size 315/80R22.5 Load Range J. The affected tires may have been produced with an insufficient tire liner gauge (thickness) due to an improperly working machine. 

This could lead to the formation of voids (U crack) which could result in early life sidewall separations, increasing the risk of a vehicle crash. 

Hercules will notify owners and the tires will be replaced free of charge. The safety recall is expected to begin on, or about, August 17. Owners may contact Hercules toll-free at 1-800-677-3573.

Consumers in 23 states are seeing year-over-year gas price increases and energy analysts say they fear the higher prices will spread to other states soon.

As of Friday, motorists across the nation find themselves paying three cents more than they did on this same day a year ago. For this reason, analysts at the Oil Price Information Service (OPIS) are saying the “trends indicate that more than half of the country may see year-on-year increases by mid-month.”

Compounding matters, average retail prices for gasoline are 9 cents higher than last week. That unsettling trend may carry through to the beginning of autumn, analysts also indicate.

It's all a little unnerving. After a few months of relative calm, prices took a sharp jump last month. In fact the averagfe 17-cent increase in July was the largest ever for that month.

As of Friday, gas prices were 29 cents higher than the same day last month, according to AAA.

7th straight week

It's the seventh straight week prices at the self-serve pump have risen and analysts are rounding up the usual suspects for this’s week jump in prices. They are pointing the finger of blame at the series of mishaps at key refineries throughout the country, economic news both domestically and internationally, serious political unrest in Syria, continuing tensions in the Middle East, and concerns of the effects on oil rigs in the Gulf of Mexico that might be damaged by Tropical Storm Ernesto.

“Certainly motorists should be concerned about a 10-cent increase in gas prices in a week’s time and a nearly 30 cent spike in a month,” said John B. Townsend II, AAA Mid-Atlantic’s Manager of Public and Government Affairs.  “Motorists in many parts of the country and in our area are seeing a reversal in gas prices and they are paying higher prices for a gallon of unleaded regular than they did at this time last year."

However, Townsend said AAA projects that by Labor Day, "Prices at the pump will go back down to more manageable levels.”

To find the lowest fuel price in your area, check the AAA Fuel Price Finder (AAA.com/fuelfinder).

Shopping for a new car can be fun and exciting, but before you get to the fun part, better shop for a loan to finance your purchase. That requires almost as much homework as finding the right car.

If you walk into a dealership without a clear idea of how you plan to finance the purchase, you'll likely end up paying more for the vehicle and also paying a higher interest rate. That's because the dealer will likely offer some financing options, all of which will benefit the dealer more than you.

Avoid dealer financing

Instead of relying on dealer financing, arrange for your financing before you set foot in the showroom. That means deciding how much you can afford to spend for a car and how much you can afford to pay in the form of a monthly payment. The two things are not the same.

If you focus solely on the monthly payment, you can easily overpay for the vehicle. Extending the payments for five or six years will drop the monthly payment, making a vehicle seem more affordable than it really is.

The trouble with lengthening the payment plan is that you are paying more interest and less principal each month. As the car depreciates, as they all do, you can soon find yourself owing more for the vehicle than it's worth. Sound familiar? It should. That's been the problem with the housing market the last few years.

Loan calculator

To find out how much you can afford to pay for a vehicle, use a car loan calculator like this one at Edmunds.com. Enter the amount you feel comfortable in handling as a monthly payment for four years.

Enter your desired monthly payment, let's say $300. Next select 48 months as the term of the loan and the applicable interest rates. Current market rates on new car loans for people with excellent credit average around three percent. Enter the amount or your trade-in and/or down payment and then calculate. The calculator then gives you the price range of the vehicle you can afford. Try to stick to that range without lengthening the term of the loan

Next, you want to arrange financing before you visit your dealer. That means a visit to your bank or credit union. Banks' lending standards will be the highest so, unless you have very good credit, you might not qualify for a car loan. Your chances at a credit union will be better, and if you are not a member, it might pay you to join one before going car shopping. Navy Federal Credit Union, for example, is advertising new car loans as low as 1.79 percent.

Once you have been pre-approved, up to a certain amount, you're ready to go car shopping. When you walk into the showroom, you are a cash buyer. There is nothing to negotiate except the price of the vehicle. The sales person will either deal or they won't. But because you already have access to a certain amount of money, you have some leverage.

Subprime credit

What if you don't have good credit? You can still buy a car but it will probably cost more in the form of a higher interest rate. But again, you don't want to rely on the dealer to arrange financing for you, you want to line it up in advance.

Knowing your credit score will help you find the right loan. Generally, if your score is 670 or below, you're going to be considered subprime and you might not be able to get bank financing, although some credit unions may be lenient if you are an existing member with a good record. 

Do an online search for "subprime auto lenders" in your state and seek bids for two or three. Again, avoid the pressure to accept a longer loan term to compensate for the higher interest rate you will pay. Instead, you'll need to recalculate the maximum purchase price you can afford.

If you find yourself in the subprime category, don't despair. An increasing number of cars are being sold to subprime buyers. Just make sure you don't overpay for the vehicle and don't overextend the term of the loan. And shopping for financing upfront gives you a little more bargaining power when it comes time to make a deal.

Okay, so I've spent more than a week listening to music through the Sennheiser HD 558 headphones, to get a good feel for their overall performance, feel and level of quality.

It's my first time testing out any product from this 60-year old company which makes high-end gear for professionals and what used to be called audiophiles.

Through the years I've tested many, many headphones and I've experienced products that stem from the almost-perfect, to the why-did-they-even-make-these?

 If you've taken notice lately, there's a countless amount of listening devices on the market, and knowing exactly which ones are able to capture sound the correct way can be a wallop of a task.

Consumers face a lot of questions: Is it better to get the ear-bud kind that stick in your ear, and feel more like swim plugs rather than listening tools?  Or maybe the over-the-ear variety that cup the side of your head and make you look like a serious music listener? The choices go on and on.

And once you decide what type headphones you want, there are still things to consider like design, comfort and, of course, price.

Big ears

The first thing I noticed about the Sennheiser HD 558 is the sheer size of the ear-cups. Not only the outside part of the cups, because many brands make them big, but the inside section, where you actually place your ears, was huge.

When I put on the Sennheisers, the large holes on the inside of the cups completely went over my entire ear. Many over-the-head style phones have only a small speaker that sits by the ear, and the rest of the cup is filled with foam and padding, which can definitely affect the output of sound.

Since my ear was completely surrounded by the cup, and in direct path of the speakers, I figured I was either in for a really wonderful or a really troubling listening experience. 

To get an idea of the headphones day-to-day feel, I simply walked around the downtown section of my city for a few days in a row, and played song after song trying to gauge not only its level of performance, but its overall feel and ability to block out surrounding sounds.

But I still didn't want to feel like I was being held prisoner by the music, as some large headphones can just be too overpowering.

Additionally, I wanted to see if the headphones had the right amount of loudness and clarity balance, and if they really needed to be on full volume to reach full performance. Unfortunately, a lot of headphones are made like that.

Earlier in the summer ConsumerAffairs tested four of today's popular headphones. In that test, I found three of the four headphones to be pretty darn good, so my ears have been a little bit spoiled when it comes to a quality sound and a fresh design.

Modest demeanor

First off, how do the Sennheisers look?

For some that may not be a relevant question, since performance is the main thing consumers look for in a headphone, but the business of making listening devices with a slick, colorful and unique appearance, makes them seem more fun.

And who doesn't like to have fun, or like to be a little different than the music listener in the subway seat next to you?

The HD558 is offered in basic black, and a tan version with brown trim. I tested the black ones, which fall between a basic design and a slightly futuristic look.

The outside oval ear-cups are made of a sturdy lightweight plastic kind of material, and the insides of the ear piece and headband are made with a thick padding.

Among today's flashy headphones, it seems as if Sennheiser purposely used a level of restraint in the design, and consciously avoided an appearance that looked too over-the-top or child-like.

Because I do love a unique and almost strange-looking headphone, the HD558's modest design didn't wow, but it also didn't disappoint. In a world of headphones that exist between the bland and the uncommon, the Sennheisers comfortably sits somewhere in the middle.

 As far as the overall feel of the headphones, I must say they were a little less comfortable than I thought they would be, especially since the padding looks so plush.

The large holes that surround your ear took a couple of days for me to get used to, since the padding actually misses the ear entirely, and rather softens the area from the top of your ear to the top of your jaw line.

Of course, the comfort level may differ between people of various ear sizes, and head sizes for that matter. But again, after two days I was able to get used to the headphones' different feel.

Thrown for a loop

The main reason I was able to adjust so quickly, is that the sound of the Sennheisers was quite unique, and initially they threw me for a listening loop.

Many headphones, whether high-end or inexpensive, either have one of two functions. They're either loud and full of bass, which is good for certain types of music, or they're made for quieter sounds and tend to focus more on precision.

The bad thing is the powerful and loud headphones can easily distort sound and provide inaccurate frequencies which can be annoying and even painful to the ear.

And the headphones with a lower fidelity can sometimes distribute insufficient bass, or merely capture the obvious parts of a note or melody and not its subtleties.

But the folks at Sennheiser were able to make a pair of headphones that had the right amount of muscle, and the correct level of daintiness, which allowed the listening device to provide a very detailed sound with a nice punch, which is what you want in a headphone.

 A good way to test a pair of phones, or any type of speaker for that matter, is to listen to it at a very low level. That way you can see how much of the song's chords and harmonies can actually be picked up.

Very precise

After putting my musical device on low volume, the Sennheisers still allowed me to pick up every lyric of the artist, and did a great job of enhancing the songs' background instruments and subtle elements.

Many producers and engineers put these smaller sounds into a track just for the ardent listener, but many times the sounds are missed because the headphones don't provide sufficient detail.

I even took the headphones off and placed them around my neck, and I was still able to capture each part of the song at a moderate volume level, and that's pretty rare.

 When I put the ear cups back on, and cranked up the volume a bit, the headphones didn't lose any detail. Also, there was no distortion, and the HD558s were able to maintain their crisp clarity, while still giving me the proper amount of bass thump that I enjoy.

And during my walk around the noisy downtown part of my area, I wasn't interrupted by the loud traffic, the chatty pedestrians, or the boisterous teenagers that dwell in the neighborhood.

But at the same time, the output was so clear, that I wasn't drowned by the sound and I was still able to be aware of my surroundings, which is needed when crossing a busy intersection.

I also tried the headphones on my television and computer for a while, and they worked in the same unique way. Obviously, you use your headphones a bit differently indoors than you do outdoors, so extreme volume isn't really needed.

In fact, you need a pair of headphones that will provide you with a strong listening experience when you're indoors without bleeding sound. That way others in the room don't hear everything that you're hearing.

If you’re listening to a song on your headphones and the person you're next to is mouthing the words, you know the headphones are pretty bad. Fortunately, this is not the case with the Sennheisers.

At a very low level, the headphones provided me with all the sound I needed, but  didn't disturb the other person in the room with me. They also picked up sounds and background music in the TV shows that I watched quite nicely. I was surprised.

The Sennheiser HD 558s are seemingly a cross between Bose headphones and the Beats by Dre model.

Precise, affordable sound

The Bose is known for detailed sound and precise clarity, and the Dre headphones are all about power and bass strength. The HD 558s provided both.

Also, the Bose Audio over the ear headphones are $149.99, and the Beats by Dre phones are $299.

The Sennheiser HD 558s go for $179.95, so for about a $30 price difference from the Bose, you can get the best of both listening worlds, although Dre's headphones are a bit more bassy -- which is OK for certain types of music but may be a turn-off for musical purists.

The design of the headphones isn't outstanding, and if you're looking for a little more pop, you may want to choose the tan and brown version, since they're a bit more visually appealing.

But for performance, these headphones are right on the money, and if you really care about high sound quality, as opposed to just getting something you can plug into your mobile device, the Sennheisers are a good buy and worth the price tag.

In terms of how durable they are, I've just had them over a week, so that part of the test remains to be seen, but so far so good.

The Sennheiser HD 558s are definitely one of the better headphones that you'll find on the market and, like a Volkswagen, deliver outstanding German engineering at a reasonable price. 

The real competition in the tablet wars may be among the seven-inch tablets. Not only are there more of these smaller tablets, the prices are getting lower.

Book retailer Barnes and Noble has cut the price of its 8GB Nook Tablet by $20 to $179. The 16GB unit has been reduced $50 to $199 and the Nook Color will sell for $149, a $20 price reduction.

All of this comes ahead of reports in the industry that the company is preparing to launch a new, updated version of the tablet. It also comes amid rumors that Apple plans to launch a smaller version of its iPad this fall, which industry analysts say would be a game-changing event in the small-tablet space.

Trying to gain on Amazon

The Nook started out as an e-reader, just like Amazon's Kindle, but Barnes and Nobel introduced the Nook Tablet last year in response to Amazon's Kindle Fire. Like the Kindle Fire, the Nook Tablet not only downloads books but music and video content as well.

Barnes and Nobel perhaps telegraphed the price reductions last month when it offered a discount on the 16GB Nook. The company has run a number of price promotions as it attempts to chip away at Amazon's market share.

Seven-inch tablets generally sell at the $200 price point, though you can purchase a lesser-known brand for less. If Apple does, in fact, introduce a smaller iPad, it is expected to enter the market at around $200.

The original iPad, a full-sized tablet with nine-inch screen, set the market at $500 when it was introduced in 2010.  

Whether it's mortgages or credit cards, when banks have a large number of bad loans to process, stressed out employees can take shortcuts and mistakes can happen.

In the mortgage industry it was the "robo-signing" scandal, in which people were hired to sign bankers' names to foreclosure documents without so much as reading them. It resulted in a massive settlement between the five largest mortgage lenders and the states.

Could something similar be occurring with credit card debt? A report by TheNew York Times says major credit card companies, trying to process a rising number of bad loans, are filing lawsuits against consumers without always having their facts and procedures straight.

In fact, the Times quotes one judge as saying as many as 90 percent of credit card-related lawsuits are "flawed." Complaints from consumers suggest there could be something to that.

Complaints

"American Express is attempting to collect $2,537 that was discharged by AMEX as a charge off over 15 years ago," Kenneth, of San Bernadino, Calif., wrote in a post at ConsumerAffairs. "This is the first I've heard from them in over 15 years."

Michael, of Monterey, Calif., complains that American Express referred his account to collections even though he was making the agreed-upon payments on time.

"When I went ahead and paid off the balance through their website, although the account was ostensibly in collections, they refused to send me evidence that I had paid off the account until I pointed out that the law required them to do so," Michael wrote in a ConsumerAffairs post. "I had to specifically ask for a closing statement before they complied. They had no reason for referring my account to collections, as it was current."

What to do

According to the Times reports, credit card lenders increasingly are trying to collect money from consumers who have already paid or settled their debt. Many consumers, who lack the money to hire a lawyer to represent them, feel helpless.

Consumers who find themselves defendants in a collection lawsuit or being pressed for payments they don't owe should complain to federal regulators who have oversight of credit card lenders. A good place to start is the Office of the Comptroller of the Currency (OCC). The OCC's consumer complaint page is located here.

Hoping to juice up its local reviews, Google is buying the Frommer's Travel brand from publisher John Wiley & Sons. 

Google said it hasn't decided whether it will continue to publish the printed Frommer's guidebooks, which have lined the pockets of generations of world travelers, tramps and tourists.

It's possible the Frommer's brand will be meled with Zagat, which Google bought in September 2011. 

With the Frommer purchase, Google hopes to expand its local reviews beyond restaurants, Zagat's primary focus. Frommer's also reviews hotels and includes information about transportation options and local attractions in thousands of cities worldwide.

Frommer's series of guidebooks began in 1957 with the publication of Arthur Frommer's book, Europe on $5 a Day. It expanded to more than 350 guidebooks and a Web site that covers more than 3,500 destinations.

Motorola cuts

Meanwhile, Google says it will cut 20% of the workforce of Motorola Mobility, the money-losing cellphone maker it bought for $12.5 billion last year, and shut nearly a third of Motorola's offices worldwide. Two-thirds of the jobs are outside the U.S.

"These changes are designed to return Motorola's mobile devices unit to profitability," Google said in a filing with the U.S. Securities and Exchange Commission.

Are you a middle-aged adult who likes to ride a bike, putter in the garden or take a walk? You're doing yourself more good than you may know.

New research in the American Heart Association's journal Circulation finds that middle-agers who regularly engage in leisure-time physical activity for more than a decade may enhance their heart health.

In a new study, more than 4,200 participants (average age 49) reported the duration and frequency of their leisure-time physical activities such as brisk walking, vigorous gardening, cycling, sports, housework and home maintenance.

"It's not just vigorous exercise and sports that are important," said Mark Hamer, Ph.D., study lead author and associate professor of epidemiology and public health at University College in London, U.K. "These leisure-time activities represent moderate intensity exercise that is important to health. It is especially important for older people to be physically active because it contributes to successful aging."

Active vs. inactive

At the baseline assessment in 1991-1993, researchers analyzed two key inflammatory markers, C-reactive protein (CRP) and interleukin-6 (IL-6). Researchers again assessed physical activity and inflammatory markers in 1997-99 and about 11 years later.

Physically active participants at baseline had lower CRP and IL6 levels. The difference remained stable over time compared with participants that rarely adhered to physical activity guidelines during 10-year follow-up.

"Inflammatory markers are important because we have shown they are a key mechanism explaining the link between physical activity and the lower risk of heart disease." Hamer said. "The people who benefited the most from this study were the ones that remained physically active."

Overall, 49.1 percent of the participants met the standard physical activity recommendations for cardiovascular health (2.5 hours per week of moderate to vigorous physical activity). The rate reached 83 percent in subsequent phases of the study.

Never too late

"The percentage of exercising participants jumped quite a bit because they were entering their retirement during the last phase of the study," Hamer said. "We have shown that retirement seems to have a beneficial effect on physical activity levels."

Those who changed from inactive to active exercisers achieved lower inflammatory markers at follow-up.

"Previous studies have looked at the association between physical activity and inflammatory markers in cross-sectional and short-term studies, but none have done this using longitudinal data," Hamer said. "Our data is much stronger than the previous shorter or cross-sectional studies, adds to prior evidence and confirms the importance of physical activity for its anti-inflammatory effects."

The participants were part of the Whitehall II study, which included more than 10,000 British civil service participants in 1985 to investigate social and occupational influences on cardiovascular risk. 

It's not always easy for doctors to diagnose a heart attack. But a new algorithm gave a definitive answer within one hour in 77% of patients with acute chest pain, according to a report published Online First by Archives of Internal Medicine, a JAMA Network publication.

Patients with symptoms that suggest an acute myocardial infarction (AMI), or heart attack, account for about 10 percent of all emergency department consultations. Along with clinical assessment, electrocardiography and measurement of cardiac troponin levels are the diagnostic cornerstones.

“The use of this algorithm seems to be safe, significantly shortens the time needed for rule-out and rule-in of AMI, and may obviate the need for prolonged monitoring and serial blood sampling in 3 of 4 patients with chest pain,” the authors conclude.

The need for such diagnostic tools increases daily. In a commentary accompanying the study, L. Kristin Newby, M.D., M.H.S., of Duke University Medical Center, Durham, N.C., writes: “With increasing ED [emergency department] overcrowding, more effective tools are needed to enable rapid triage of patients with possible MI [acute myocardial infarction].”

False positives

The development of sensitive and high-sensitivity cardiac troponin tests appears to have improved the early diagnosis, but how best to use these assays in clinical practice is not clear because the more sensitive tests have increased the number of positive results in conditions other than AMI, according to the study background.

Tobias Reichlin, M.D., of University Hospital Basel, Switzerland, and colleagues sought to develop and validate an algorithm to rapidly rule-in or rule-out an AMI. The prospective multicenter study enrolled 872 patients with acute chest pain presenting to the emergency department and AMI was the final diagnosis in 147 patients (17 percent). The algorithm incorporated troponin level baseline values and absolute changes within the first hour.

The algorithm was developed in a sample of 436 patients and validated in the remaining 436 patients. 

The annual state-by-state obesity ranking by the Trust for America's Health (TFAH) and the Robert Wood Johnson Foundation (RWJF) suggests the nation's weight problem isn't getting any better.

The study of data compiled by the Centers for Disease Control and Prevention (CDC) found that 12 states had obesity rates of 30 percent or more -- the same number as last year. Mississippi once again recorded the highest obesity rate -- 34.9 percent. It was 34.4 percent last year.

Twenty-six of the 30 states with the highest obesity rates are in the Midwest and South.

Rise in chronic disease

“Obesity has contributed to a stunning rise in chronic disease rates and health care costs. It is one of the biggest health crises the country has ever faced,” said Jeffrey Levi, PhD, TFAH executive director.

Despite the lack of improvement, Levi says there is a growing body of evidence and approaches to help reduce obesity, improve nutrition and increase physical activity based on making healthier choices easier for Americans.

"The bad news is we’re not investing anywhere near what we need to in order to bend the obesity curve and see the returns in terms of health and savings,” he said.

Economic as well as health toll

Obesity is expected to take an increasing health toll as the population ages. Being obese, as opposed to merely overweight, raises the risk of type 2 diabetes, heart disease and stroke, hypertension, arthritis and obesity-related cancers.

There is also a rising economic toll. In 2006, obesity-related medical costs totaled $147 billion a year, or nearly 10 percent of total medical spending, according to a 2011 study in Health Affairs. The bulk of the spending is generated from treating obesity-related diseases.

“Our nation has made important inroads to creating healthier communities,” said Risa Lavizzo-Mourey, MD, MBA, RWJF president and CEO. “Some cities and states that have taken comprehensive action to address the epidemic are beginning to see declines in their obesity rates. But we need to expand and intensify our efforts. Investing in prevention today will mean a healthier tomorrow for our children.”

While the obesity problem is centered in the south and midwest, the states that have the fewest obese citizens tend to be grouped in the west and the northeast. Only 20.7 percent of Coloradans are classified as obese -- the lowest level of any state.

See how your state is doing

According to the newly released CDC data, part of the 2011 Behavioral Risk Factor Surveillance Survey, the obesity rates by state from highest to lowest were:

1. Mississippi (34.9%); 2. Louisiana (33.4%); 3. West Virginia (32.4%); 4. Alabama (32.0%); 5. Michigan (31.3%); 6. Oklahoma (31.1%); 7. Arkansas (30.9%); 8. (tie) Indiana (30.8%); and South Carolina (30.8%); 10. (tie) Kentucky (30.4%); and Texas (30.4%); 12. Missouri (30.3%); 13. (tie) Kansas (29.6%); and Ohio (29.6%); 15. (tie) Tennessee (29.2%); and Virginia (29.2%); 17. North Carolina (29.1%); 18. Iowa (29.0%); 19. Delaware (28.8%); 20. Pennsylvania (28.6%); 21. Nebraska (28.4%); 22. Maryland (28.3%); 23. South Dakota (28.1%); 24. Georgia (28.0%); 25. (tie) Maine (27.8%); and North Dakota (27.8%); 27. Wisconsin (27.7%); 28. Alaska (27.4%): 29. Illinois (27.1%); 30. Idaho (27.0%); 31. Oregon (26.7%); 32. Florida (26.6%); 33. Washington (26.5%); 34. New Mexico (26.3%); 35. New Hampshire (26.2%); 36. Minnesota (25.7%); 37. (tie) Rhode Island (25.4%); and Vermont (25.4%); 39. Wyoming (25.0%); 40. Arizona (24.7%); 41. Montana (24.6%); 42. (tie) Connecticut (24.5%); Nevada (24.5%); and New York (24.5%); 45. Utah (24.4%); 46. California (23.8%); 47. (tie) District of Columbia (23.7%); and New Jersey (23.7%); 49. Massachusetts (22.7%); 50. Hawaii (21.8%); 51. Colorado (20.7%).

Tobacco use among American middle school and high school students showed a slow decline from 2000 to 2011, according to a report from the Centers for Disease Control and Prevention (CDC). But when compared with other long-term studies, such as the Youth Risk Behavior Survey, the steep rate of decline from 1997 to 2003 has slowed noticeably.

The new report shows that in 2011 nearly 30 percent of high school males and 18 percent of high school females used some form of tobacco. More than eight percent of middle school males and nearly six percent of middle school females used some form of tobacco in 2011.

Increases reported

The report indicates that though tobacco use continued an 11-year downward trend, tobacco use remains high among high school students. For example, among black high school students, cigar use increased significantly -- from 7.1 percent in 2009 to 11.7 percent in 2011. In 2011, cigar use among high school males (15.7 percent) was comparable to cigarette use (17.7 percent). Cigar use includes the use of cigarette-like cigars that can be packaged and smoked like typical cigarettes, but are taxed at a lower rate, making them more appealing and accessible to youth.

While they contain the same toxic chemicals as cigarettes, no cigars are subject to restrictions on flavorings and misleading descriptors such as “light” or “low tar,” according to the report.

Smokeless tobacco use

Nearly 25 percent of high school males and more than 17 percent of high school females used some form of smoked tobacco product in 2011, while smokeless tobacco use among high school males (12.9 percent) was eight times higher than among high school females (1.6 percent).

“An overall decline in tobacco use is good news, but although 4 out of 5 teens don't smoke, far too many kids start to smoke every day,” said CDC Director Thomas R. Frieden, M.D., M.P.H. “Most tobacco use begins and becomes established during adolescence. This report is further evidence that we need to do more to prevent our nation’s youth from establishing a deadly addiction to tobacco.”

Mixed results

The study, “Current Tobacco Use Among Middle and High School Students -- United States, 2011,” published in the latest Morbidity and Mortality Weekly Report reported no significant declines in the use of any tobacco product among middle school students from 2009 to 2011. However, cigarette use declined from 19.2 percent in 2009 to 15.8 percent among Hispanic high school students.

The report reaffirms the need to return youth tobacco use trends to the more rapid rate of decline seen from the late 1990s through 2003, officials said. To further reduce tobacco use among young people, the 2012 Surgeon General’s Report recommends making tobacco products less affordable, running hard-hitting mass media campaigns, and evidence-based tobacco control and prevention programs that work in conjunction with new restrictions on the sale, distribution, and marketing of cigarettes and other tobacco products to youth.

Health consequences

Tobacco use remains the leading cause of preventable death and disease in the United States. Cigarette use and exposure to secondhand tobacco smoke kill an estimated 443,000 Americans each year.

The health consequences of tobacco use include heart disease, multiple types of cancer, lung disease, adverse reproductive effects, and the worsening of chronic health conditions. Yet nearly 4,000 kids under age 18 try their first cigarette every day.

In addition to the cost in human lives, cigarette smoking has been estimated to cost $193 billion annually in direct health care expenses and lost productivity.

A small mention in an obscure regulatory filing with the Securities and Exchange Commission (SEC) reveals energy drink maker Monster Beverage is being investigated by a state attorney general.

Monster produces and markets a number of so-called energy drinks, including Monster Energy, Hansen's Energy and Blue Sky. The filing said the probe by the unnamed attorney general focused on advertising, marketing, promotion and ingredients.

A number of states in recent years have taken action against energy drinks that contain alcohol. Among the most recent are Washington State and Illinois. No state has announced it is investigating energy drinks, but of course such investigations are never announced in advance.

Increasing scrutiny

Energy drinks of all types have come under closer scrutiny at both the federal and state level. In an April letter to the Commissioner of the Food and Drug Administration (FDA), Sen. Dick Durbin (D-IL) called for an investigation into energy drinks like Monster Energy, Rockstar and Red Bull, which contain high levels of caffeine and ingredients some health authorities describe as potentially dangerous.

Durbin called for an investigation after learning the story of a 14 year-old girl from Maryland, Anais Fournier, who died last December of a cardiac arrhythmia due to caffeine toxicity after drinking two 24-ounce Monster energy drinks in a 24-hour period.

“Consuming large quantities of caffeine can have serious health consequences, including caffeine toxicity, stroke, anxiety, arrhythmia, and in some cases death," Durbin wrote in the letter. "Young people are especially susceptible to suffering adverse effects because energy drinks market to youth, their bodies are not accustomed to caffeine, and energy drinks contain high levels of caffeine and stimulating additives that may interact when used in combination.

Marketed to young people

Durbin also expressed concern that the beverages were being marketed to young consumers.

The medical profession generally advises young people to avoid energy drinks. In a 2011 report, the American Academy of Pediatrics said it found some of these products harmful.

“There is a lot of confusion about sports drinks and energy drinks, and adolescents are often unaware of the differences in these products,” said Dr. Marcie Beth Schneider, a member of the AAP Committee on Nutrition and co-author of the report. “Some kids are drinking energy drinks -- containing large amounts of caffeine -- when their goal is simply to rehydrate after exercise. This means they are ingesting large amounts of caffeine and other stimulants, which can be dangerous.”

In addition to stimulants like caffeine, energy drinks often have lots of calories. Calories from sweetened beverages increasingly are being blamed for contributing to obesity.