Current Events in October 2012

There sure has been a lot of talk about soda these days, and it can arguably be charged to New York City Mayor Michael Bloomberg’s new ban on large sugary drinks in the city’s five boroughs.

Apparently some of the largest U.S. soda makers are feeling quite a bit of pressure, as more and more people blame them for the U.S. obesity problem.

And starting soon in municipal buildings in the Chicago and Texas areas, soda vending machines will list calorie counts next to each of its products, and a full roll-out of the program is supposed to be completed sometime in the year 2013.

The new calorie listing follows places like McDonald's and other companies that have listed nutritional information next to menu items, so consumers can make clearer choices on their meal selections.

Does it matter?

Whether this approach will lure kids and adults away from the sweet bubbly stuff remains to be seen, but past reports have indicated that telling people how unhealthy an item is does little to lower their want for that particular product.

In a study conducted by the market research firm NPD Group, it was confirmed that when consumers eat out, they usually just want to satisfy their palette, and choose to pay little attention to the amount of calories they’re eating.

The NPD researchers watched two groups of consumers order from a fast-food menu both before and after calories were listed next to each item, and they found a very small difference in what was being ordered, as well as the amount of calories the groups were consuming.

Before the nutritional info was listed the participants ingested about 1,021 worth of calories, and 901 calories after the counts were posted, showing that people want what they want when it comes to eating or drinking away from home.

Just a ploy

Some critics of listing calories on vending machines says it’s really just a ploy to halt city and state officials from taking more drastic measures to regulate sugary beverages, like taxing them or banning them altogether, like New York.

“The industry knows that taxes would certainly raise prices and reduce consumption," said Michael F. Jacobson, executive director of the Center for Science in the Public Interest.” They’re willing to put in tens of millions of dollars to stop such efforts. They’re worried about dominoes falling,” he said.

The Mayor of Chicago, Rahm Emanuel, indicated that he has no interest in following in the footsteps of New York City, and believes taking smaller measures to increase people’s awareness of their calorie intake and improve their beverage choices is a better step than forcing people to buy healthier drinks.

“I believe firmly in personal responsibility,” he said. People “need to take control of their wellness and make healthy lifestyle choices.”

A "bold step"

Steve Cahillane, president and CEO of Coca-Cola Refreshments says his company is pleased to make these vending machine changes, as he feels it will make a significant difference in the everyday lives of each soda-drinking consumer.

“Our support of the Chicago and San Antonio Wellness Challenge, and the new Calories Count Vending Program is another bold step in our efforts to help people understand the importance of energy balance, he said.

John Sicher of Beverage Digest said the calorie listings on vending machines are a good thing, and companies really do have a sincere concern about changing some of the unhealthy habits people have when it comes to choosing a soft-drink.

“This appears to be an attempt by the industry to start an initiative, not to just make diet and low-calorie products available, but also to try and motivate consumers to buy and consume more diet and low-calorie products, i.e. to shift consumer behavior," he said.

Time will tell if listing calories on soda machines will really impact our nation’s obesity problem even in the smallest way, or if it will be just another reactive measure that politicians and soda companies take to make it look like something major and effective is being done to fight childhood an adult obesity.

According to the Center for Disease Control and Prevention (CDC), the months of  flu season can vary each year, but it can start as early as October in some years and stretch on until May in worst cases.

Influenza usually peaks somewhere between January and February, says the government agency, and many people have already begun their seasonal mad dash to get their flu shots before the winter season hits.

And for those unfortunate souls that won’t be able to avoid the flu, many will be extremely mindful to not pass on the potentially serious virus to any of their friends, families or co-workers. However what many pet owners may not be mindful of is passing the flu and its nasty symptoms on to their pets.

Researchers at Oregon State University’s College of Veterinary Medicine, found that among the cats that were examined in the state of Ohio , around 30 percent were diagnosed with seasonal flu, and 20 percent were infected with the more serious strain of the illness H1N1.

Reverse zoonosis

The ability for an illness to pass from pet owner to pet is called “reverse zoonosis” and according to the study’s lead author Christian Loehr, most of the 80 to 100 million people in the U.S. who own a dog or cat don’t know they could be the main culprit in getting their pets sick, and this has become a huge concern in the world of animal care.

“We worry a lot about zoonoses, the transmission of diseases from animal to people,” she said in a statement. “But most people don’t realize that humans can also pass diseases to animals, and this raises questions and concerns about mutations, new viral forms and evolving diseases that may potentially be zoonotic. And of course there is concern about the health of the animals,” Loehr said.

Which means if a particular virus is transferred from species to species, part of the viruses’ DNA could change for the worse and become more potent to both human and animal.

“All viruses can mutate,” said Loehr. “But the influenza virus raises special concern because it can change whole segments of its viral sequence fairly easily. In terms of hosts and mutations, who’s to say that the cat couldn’t be the new pig? We’d just like to know more about this.”

Researchers also noted although dogs are also susceptible to catching the flu from their owners, this particular type of zoonoses happens to cats at a much higher rate.

Treat pets like friends

Loehr and her colleague’s findings suggest that owners should take the same preventative measures with their pets that they do with their friends, families and co-workers, when it comes to not spreading the flu virus.

This may mean not hugging or petting your cat while you’re sick, and washing your hands when preparing meals for your pet. Experts also advise to keep an extra close eye on your pet during flu season, especially if you are infected yourself.

However it’s important to note about the study that it wasn’t determined if the infected cats were given the flu by their owners, or received it another way, but that’s just one example’s of why more research is needed about zoonoses in the near future, says Loehr.

“Any time you have infection of a virus into a new species, it’s a concern, a black box of uncertainty,” she says. “We don’t know for sure what the implications might be, but we do think this deserves more attention.” Luckily there have been no reports of pets giving illnesses to their owners, say experts.

Experts also say  it’s imperative your cat and other pets get all of their updated shots, and if your pet does develop respiratory illness or flu symptoms, antibiotics have been known to work well, especially in those cases where the disease hasn't reached severe levels.

It doesn't take long to run up a huge credit card balance. Paying it off is another matter.

Because of credit cards' high interest rate levels, much of your monthly payment goes to interest. Minimum payments are higher too, thanks to changes in the law.

Transferring your credit card balance to a card with a lower interest rate may be one way to speed up the payoff time, as long as the card doesn't have other fees that can add to the balance. Selecting the right card for a transfer is important.

The small business information website NextAdvisor.com has introduced a Balance Transfer Calculator, to help consumers find the best offer for their particular situation. The calculator automatically estimates the total finance charges and other fees consumers can expect to pay after transferring existing credit card balances onto popular balance transfer cards.

Thirteen different credit cards were included, from the well known Slate from Chase and Citi Simplicity cards to the Capital One Platinum Prestige and Discover More cards.

The Balance Transfer Calculator is unique because users don’t need to manually plug in interest rates, introductory APR time frames or other complicated information. NextAdvisor has already done the work, thoroughly researching each card’s terms and conditions and carefully reading through interest charge calculation formulas.

How it works

To use the calculator just enter the amount you plan to transfer, how much you'll be paying towards this balance each month and your current credit standing. The Balance Transfer Calculator will show the best balance transfer cards for the user, estimating the total finance charges and other fees they’ll pay and how long it will take to pay off the balance.

"With each card having a different combination of ongoing APR, introductory zero percent APR period, and fees, it’s a daunting task for any consumer to determine which credit card they should transfer a balance to in order to save the most money,” said Tasha Lockyer, Director of Product Management at NextAdvisor.com.

The calculator, she says, removed the complexity for the consumer, allowing them to enter just three pieces of information to see how much interest and fees they would pay with each card.

Obviously the more you can pay on the balance each month the quicker the balance will fall. Consumers should avoid paying just the minimum payment each month. Rather, they should determine how much they can afford to pay and pay that same amount each and every month.

Equifax -- one of the largest consumer credit reporting agencies -- improperly sold the names of consumers who were late on their mortgage payments, opening the financially-distressed homeowners to pitches for loan modification and debt relief schemes, the Federal Trade Commission (FTC) said today.

Equifax and the companies that allegedly bought and resold the information will pay a total of nearly $1.6 million to resolve charges that they violated the FTC Act and the Fair Credit Reporting Act (FCRA).

According to the FTC, Equifax sold more than 17,000 prescreened lists of consumers to companies including Direct Lending Source, Inc., which subsequently resold some lists to third parties, who used their data to pitch loan modification and debt relief services to people in financial distress.

Equifax will pay $393,000to resolve allegations that its inadequate procedures led to the sale of lists of consumer information to firms that should not have received them.  

As part of a separate settlement, Direct Lending Source will pay a $1.2 million civil penalty,and will be barred from using or selling prescreened lists without a permissible purpose, or in connection with solicitations for debt relief or mortgage assistance relief products or services.

Prescreened lists

The FTC alleged that between January 2008 and early 2010, Equifax sold Direct Lending and its affiliates lists of people who met selected criteria – known as prescreened lists.  According to the agency’s complaint, the lists contained information about millions of consumers, including sensitive information such as credit scores and whether they were 30, 60, or 90 days late on their mortgage payments.

According to the FTC, neither Direct Lending nor its affiliates, Bailey & Associates Advertising, Inc. and Virtual Lending Source, LLC, had a legally permissible purpose to obtain the prescreened lists. 

Under the FCRA, the only permissible purpose for obtaining a prescreened list is to make “firm offers of credit or insurance” – which are offers that will be honored if consumers meet pre-selected criteria.  Using a prescreened list for general marketing purposes is not allowed. 

The FTC charged that Direct Lending sold the information to third parties that then used it to market products to consumers in financial distress, including companies that have been the subject of law enforcement investigations.               

Equifax also failed to properly investigate when it learned Direct Lending was violating Equifax’s internal policies on prescreening, the agency charged. 

The FTC also alleged that Equifax knew or should have known that in many cases Direct Lending resold the lists without telling Equifax who would end up using the information.  Despite these failures, the FTC alleged Equifax continued selling prescreened lists to Direct Lending.  The FTC alleged that Equifax’s failure to employ appropriate measures to control access to sensitive consumer information was unfair, in violation of Section 5 of the FTC Act.

The Justice Department has sued Wells Fargo, the nation's largest mortgage lender, accusing it of "reckless" lending and sticking the Federal Housing Administration (FHA) with the tab for loans that went bad.

Prosecutors say they are seeking "hundreds of millions of dollars" in damages on behalf of the FHA.  The complaint, filed in New York City, alleges that for more than a decade, Wells Fargo engaged in "reckless" underwriting of government-backed loans.

“As the complaint alleges, yet another major bank has engaged in a longstanding and reckless trifecta of deficient training, deficient underwriting and deficient disclosure, all while relying on the convenient backstop of government insurance," Manhattan U.S. Attorney Preet Bharara said. "As also alleged, Wells Fargo’s bonus incentive plan – rewarding employees based on the sheer number of loans approved – was an accelerant to a fire already burning, as quality repeatedly took a back seat to quantity.

"What’s more, even after concerns were raised internally at the bank, Wells Fargo began self-reporting bad loans in a significant way, as required, only after this Office issued a subpoena last year. Now a jury will have to weigh the facts to determine the bank’s liability and the scope of the damages it must pay,” Bharara said. 

At issue are more than 100,000 FHA-backed loans. Wells Fargo said the loans met federal lending guidelines when half of them didn't, the government alleges.

“As the complaint alleges, yet another major bank has engaged in a longstanding and reckless trifecta of deficient training, deficient underwriting and deficient disclosure, all while relying on the convenient backstop of government insurance,” U.S. Attorney Preet Bharara said in a prepared statement.

The Justice Department's case is similar to those filed earlier against Citigroup, Deutsche Bank and other lenders. Deutsche Bank has agreed to pay $202 million and Citigroup is paying $290 million. A suit against Allied Home Mortgage is still pending. Bank of America has said it reached an agreement to resolve claims for FHA-insured loans made by Countrywide Mortgage.

In July, Wells Fargo paid $125 million and set up a $50 million assistance fund to settle federal allegations that it discriminated against minority borrowers.

The Justice Department today filed a lawsuit against the homeowners association and former manager of a 249-townhome community in Gibsonton, Fla., for violating the Fair Housing Act by discriminating against families with children.

The lawsuit charges that Townhomes of Kings Lake HOA Inc. and along  Vanguard Management Group Inc. imposed occupancy standards unduly limiting the number of individuals who can reside in the townhomes. 

The suit also charges that the defendants violated the Fair Housing Act by threatening to evict a couple and their six minor children from the four-bedroom townhome they were renting and by taking other actions to interfere with their tenancy.

“The Fair Housing Act ensures that families with children have an equal right to use and enjoy housing of their choice,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children.”

The lawsuit arose when the family filed a complaint with the Department of Housing and Urban Development (HUD).   After the family had moved into the home, the management company and the homeowners association indicated there was a problem with the number of children living there.   The defendants’ occupancy policy allowed only six individuals to occupy the home, which was far more stringent than what Hillsborough County permitted.  

The homeowners association also adopted similarly restrictive limitations on the number of individuals who could live in two- and three-bedroom townhomes in Kings Lake.  After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department.

“Housing providers may set occupancy standards but those standards cannot be so restrictive that they exclude families who, based on a home’s overall size and configuration, should be able to live there,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families with children.”

The lawsuit seeks a court order prohibiting future discrimination by the defendants, monetary damages for those harmed by the defendants’ actions, and a civil penalty.

An animal rights group called Mercy for Animals (MFA) has released a highly graphic video it says it secretly recorded at an Idaho dairy. The graphic video shows cows being kicked, punched and dragged with tractors.

The video is more noteworthy, the group says, because Idaho-based Bettencourt Dairies supplies cheese to the Burger King chain.

The undercover video, which has led to criminal animal cruelty charges against three employees, including a manager at the facility, reveals workers beating, kicking, jumping on, and shocking cows and dragging a downed cow with a tractor.

'Horrific treatment'

"The abuse of the downed cow with electric prods and dragging with the tractor was horrific animal abuse," said animal welfare expert and Colorado State University professor Dr. Temple Grandin, after viewing the footage. "If this abusive treatment had occurred at a slaughter plant, the plant would have been shut down by the USDA. The atrocious treatment of cows at this dairy is an indicator of a total lack of management supervision."

Burger King released a statement saying the company does not tolerate or condone cruelty to animals.

Pressure

MFAs said it is urging Burger King to end its supplier relationship with Bettencourt Dairies and adopt new animal welfare guidelines, including zero tolerance for kicking, punching, and shocking cows, requiring suppliers to prohibit painful and unnecessary mutilations of animals, requiring suppliers to provide a safe, clean, and sanitary environment for cattle, and more.

Following what it said was an undercover investigation, MFA said it immediately alerted authorities and presented a detailed legal petition and compiled evidence of violations of Idaho's anti-cruelty laws at this facility to the Idaho Department of Agriculture. MFA said the three employees, including a facility manager, have been charged with criminal cruelty to animals as a result of its investigation.

The video is below. Viewer discretion is advised.

There's been an increase in the sale of counterfeit air bags for use as replacement parts in vehicles that have been involved in a crash and it's putting consumers at risk

These air bags look nearly identical to certified, original equipment parts -- including bearing the insignia and branding of major automakers -- but National Highway Traffic Safety Administration (NHTSA) testing showed consistent malfunctioning ranging from non-deployment of the air bag to the expulsion of metal shrapnel during deployment. However, the agency says it is not aware of any deaths or injuries connected to counterfeit air bags.

Lack of data

While the full scope and scale of the problem of counterfeit air bags is uncertain from currently available data, NHTSA has identified certain vehicle makes and models for which these air bags may be available and believes this issue affects less than 0.1 percent of the U.S. vehicle fleet. Only vehicles that have had an air bag replaced within the past three years by a repair shop that is not part of a new car dealership may be at risk.

Consumers whose vehicles have been in a crash and had their air bags replaced by a repair shop that is not part of a new car dealership within the past three years or who have purchased a replacement air bag online should contact the call center that has been established by their auto manufacturer to have their vehicle inspected at their own expense and their air bag replaced if necessary.

“Anytime equipment that is critical to protecting drivers and passengers fails to operate properly, it is a serious safety concern,” said Transportation Secretary Ray LaHood. “We want consumers to be immediately aware of this problem and to review our safety information to see if their vehicle could be in need of inspection.”

“We expect all motor vehicle equipment to meet federal safety standards -- and air bags in particular play a central role in keeping drivers and passengers safe in the event of a crash,” said NHTSA Administrator David Strickland. “That’s why it’s critical that vehicle owners work with their automotive dealers and repair professionals to ensure they use the appropriate, original equipment parts in the event they need to replace their air bag.”

Criminal element

NHTSA has been working with a number of government agencies -- including U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the U.S. Department of Justice -- to better understand the issue of counterfeit air bags and how to prevent them from being purchased and installed in vehicles.

“Organized criminals are selling dangerous counterfeit and substandard airbags to consumers and suppliers with little to no regard to hazardous health and safety consequences,” said ICE Director John Morton. “We will continue to aggressively investigate criminal supply chains with our law enforcement and private industry partners and bring these criminals to justice.”

NHTSA is currently gathering information from automakers about their systems for verifying the authenticity of replacement parts and is working with the industry to make the driving public aware of the potential safety risk posed by counterfeit air bags.

Consumers who should not be at risk:

• Consumers who purchased their vehicle new and have not had their air bags replaced
• Consumers who have full knowledge of the entire history of their used vehicle (including knowing whether the vehicle had been in a crash in the last three years and being certain that the air bag was replaced at a new car dealership)

Consumers who may be at risk:

• Consumers who have had air bags replaced within the past three years at a repair shop that is not part of a new car dealership
• Consumers who have purchased a used car that may have sustained an air bag deployment before their purchase
• Consumers who own a car with a title branded salvage, rebuilt, or reconstructed
• Consumers who have purchased replacement air bags from eBay or other non-certified sources—especially if they were purchased at unusually low prices (i.e. less than $400)

VEHICLES FOR WHICH COUNTERFEIT AIR BAGS MAY BE AVAILABLE:

As of today, NHTSA is aware of counterfeit air bags available for the following vehicle makes and models:

There's no place like home takes on an entirely new connotation when it comes to fires.

According to the U.S. Consumer Product Safety Commission (CPSC), there were an average of 366,700 unintentional residential fires, causing 2,310 deaths, 12,550 injuries and more than $7 billion in property damage each year from 2008 and 2010.

The top cause of fires in the home during those same years was cooking equipment, accounting for an estimated 147,400 or 40 percent of residential. Cooking was also associated with the largest percentage of fire-related injuries -- an estimated average 27.4 percent or 3,450, in the home.

Heating and cooling equipment fires

Home heating and cooling equipment -- including portable space heaters -- was a top cause of fire deaths, accounting for about nine percent or 210 deaths on average, in homes each year from 2008 and 2010. Portable heaters were associated with 100 of those deaths each year.

"Six people die every day in home fires," said CPSC Chairman Inez Tenenbaum. "The early warning provided by smoke alarms can make a big difference. Consumers who have working smoke alarms in their homes die in fires at about half the rate of those who do not have alarms."

Every second counts when there is a fire in your home," said U.S. Fire Administration (USFA) Administrator Ernie Mitchell. "It is easy to believe that when the smoke alarm sounds, you and your family will be able to escape. A home fire drill can prepare you and others to escape a real life emergency in your home."

Staying safe

CPSC and USFA recommend that every family have a working smoke alarm in their home. To provide better warning of a fire and more escape time, install more than one alarm and interconnect all smoke alarms in the home. Interconnected alarms speak to one another so if there is a fire in one part of the house, the interconnected alarms sound throughout the house and alert consumers to the fire more quickly.

For the best protection, the agencies recommend installing alarms on every level of the home, outside sleeping areas and inside each bedroom. Install both ionization and photoelectric alarms and make sure alarms are interconnected throughout the home. Alarms that are powered by house wiring should have battery backup.

According to the National Fire Protection Association, the death rate per 100 reported fires was 49% lower in homes with working smoke alarms than in homes without this protection. In addition to using alarms, never leave cooking items unattended and have a professional inspect heating and cooling equipment every year, including fireplaces and chimneys. Be extra careful with cigarettes and other smoking materials. Keep matches and lighters out of the reach of children.

Is it bad form to use a coupon on a first date? Apparently not. A new survey suggests more of us are doing it.

The survey, conducted by coupon site CouponCabin, found 26 percent of U.S. adults report they have used a coupon on a first date, compared with 18 percent who said the same last year. In addition, the same percentage -- 26 percent -- said they would have a positive reaction to their date using a coupon to help pay for a first date.

This survey was conducted online nationwide by Harris Interactive and shows that, where thrift might have been a turnoff in the past, it's not so much now.

"The economic challenges of the past few years have made many people more comfortable with frugality, so much so that it's part of the dating scene now," said Jackie Warrick, president and chief savings officer at CouponCabin.com. "Not only does using a coupon benefit your budget, it also shows your date you are mindful of your finances and a savvy person overall -- both of which are positives when you're meeting someone for the first time."

There may also be something else at work here. Coupons have gained a bit of status since they went electronic. Though the survey doesn't break it down, chances are using a coupon from your smartphone or from the growing number of coupon and “deal” Websites is looked upon more favorably than a coupon you cut out of the local shopper newspaper.

Not everyone okay with it

Still, not everyone is okay with plopping down a coupon to help pay the check on a first date. The survey shows 12 percent said they would stay on the date, not say anything, and not go out with the person again. Three percent would say something to their date, letting them know they were offended and only one percent would walk out and leave the date. It's probably just as well, since those relationships weren't going to go anywhere anyway.

No matter what your dating situation, Warrick offers the following tips to help navigate the dating scene with a coupon in hand:

• Tip accordingly. Don't take saving money so far that you hurt the livelihood of those providing a service to you. While it's perfectly fine to use a coupon on a date to lower your total bill, be sure to tip appropriately on what the experience would have cost without the discount.
• Make plans based on your budget. If saving money is a top priority, make sure you set plans for a date that fit your budget. Think about planning a picnic instead of a fancy dinner at five-star restaurant or catching a matinee instead of a later movie, for example.
• Be honest. There's no shame in using coupons in the dating game, so don't pretend you aren't using one. Be upfront and tell your date the truth to avoid any awkward moments.

Toyota  is recalling more than 7.4 million vehicles world-wide -- approximately 2.5 million of them in the U.S. -- to inspect and apply special fluorine grease to the driver’s side Power Window Master Switch (PWMS).

The vehicles involved in the U.S. recall include:

• 2007 to 2008 Yaris (approx. 110,300)
• 2007 to 2009 RAV4 (approx. 336,400)
• 2007 to 2009 Tundra (approx. 337,100)
• 2007 to 2009 Camry (approx. 938,100)
• 2007 to 2009 Camry Hybrid (approx. 116,800)
• 2008 to 2009 Scion xD (approx. 34,400)
• 2008 to 2009 Scion xA (approx. 77,500)
• 2008 to 2009 Sequoia (approx. 38,500)
• 2008 Highlander (approx. 135,400)
• 008 Highlander Hybrid (approx. 23,200)
• 2009 Corolla (approx. 270,900)
• 2009 Matrix (approx. 53,800)

“Sticky” windows

The driver’s side PWMS may experience a “notchy” or sticky feel during operation. If commercially available lubricants are applied to the switch in an attempt to address the “notchy” or sticky feel, melting of the switch assembly or smoke could occur and lead to a fire under some circumstances.

The “notchy” or sticky feel may be caused by an uneven application of the grease during the switch assembly process at the supplier. If the grease is not applied evenly, frequent use of the switch and normal operation may cause the grease to become carbonized and may eventually result in the deterioration of its lubricating properties.

The recall remedy will involve an inspection, switch disassembly, and application of special fluorine grease. The switch inspection and repair will be performed at no charge to the vehicle owner.

Owners of vehicles covered by this safety recall will receive an owner notification letter via first class mail starting in late October 2012. The repair will take approximately one hour depending on the dealer’s work schedule.

Consumers are more likely to turn to the Internet for prescription drug information than their pharmacists, according to a survey commission by RxAlly, a network of community pharmacies.

When asked who they trusted to guide and inform their healthcare decisions, 22 percent of U.S. adults named the Internet. Only 20 percent named pharmacists.

The top answer -- not surprisingly -- was “my doctor” at 72 percent, followed by "family and friends" at 36 percent.

Under-utilized

However disappointing for the pharmacists, RxAlly points out the survey also revealed that 76 percent of adults agree that pharmacists are equally as qualified to answer questions about prescription medications as doctors. However, only 25 percent have regular conversations about their health with a pharmacist and only 39 percent report that they often rely on a pharmacist for medical advice.

Bruce Roberts, CEO of RxAlly, says consumers should never hesitate to question or consult with a pharmacist. These conversations, he says, can head off potential problems like medication adherence.

"There is a significant discrepancy between patient-reported versus proven adherence rates, which underscores the need to leverage pharmacists' specialized training to better educate patients about their medications and how to more correctly take them," Roberts said. "Ongoing personalized pharmacist care involving regular conversations with a pharmacist is proven to increase adherence rates, improve patient health and reduce costs -- a triple win for patients, pharmacists and the entire U.S. healthcare industry."

Awareness not the issue

It's not that consumers aren't aware that pharmacists can answer their questions. The survey found that 63 percent were aware of pharmacists' specialized training but also shows this expertise is under-utilized. Only 15 percent of U.S. adults have ever discussed a medication maintenance regimen with a pharmacist and only 49 percent have discussed any new medication with a pharmacist.

Also no surprise, says RxAlly, the survey shows a large number of consumers don't always take their medication as prescribed. In fact, several seminal studies have shown that of the approximately 187 million Americans who take one or more prescription drugs, up to one-half do not take their medications as prescribed.

Low rates of medication adherence can lead to disease complications, increased hospitalization, drug resistance and even death.

Evenflo is recalling about 151 Big Kid Factory Select booster seats, Model Nos. 30911173AD, 3091967AD, 30911118AD, and 30911120D, shipped between August 6, 2012, and September 18, 2012. The seats fail to conform to the requirements of Federal Motor Vehicle Safety Standard No. 213, "Child Restraint Systems."

The recalled seats were originally manufactured solely for purposes of retail display and not to be sold at retail and were packaged without the instruction manual or the required registration card. They were inadvertently shipped to Evenflo's institutional customers (i.e. hospitals, government agencies) to be given to families. None of the affected units were sold at retail stores.

Without the instruction manual the seat may be used improperly. Should owners not file a registration with the child seat manufacturer due to lack of information on how to do so, they may not be notified of a safety recall. Either condition puts the child at an increased risk of possible injury in the event of a crash.

The affected seats have a label stating: "DISPLAY ONLY – NOT INTENDED FOR SALE," located on the back of the booster seat headrest. Evenflo will mail owners who have received an affected Big Kid booster seat a remedy kit that includes a consumer registration card, an instruction manual, and an overlabel to cover the current label stating: "DISPLAY ONLY – NOT INTENDED FOR SALE." The remedy kit will be provided free of charge. Notification is expected to begin during October 2012.

Owners may contact Evenflo at 1-800-233-5921.

Yokohama Tire Corporation is recalling certain AVID Touring S tires, size 215/65R16 98T SL, produced between February 2009 and April 2009.

The tires may have been produced with an irregular geometry in the casing turn up area above the tire bead in the lower sidewall. This could lead to a lower sidewall crack resulting in a rapid loss of tire inflation. Rapid air loss while the vehicle is in use may result in a tire failure that could cause a crash.

Yokohama will notify owners, and dealers will replace the tires free of charge. The safety recall is expected to begin on, or about, October 20.

Owners may contact Yokohama at 1-800-423-4544.

Kraft Foods is voluntarily recalling the Jalapeno variety of Kraft String Cheese with the Best When Used By date of 23 NOV 2012. There is a possibility that a thin layer of plastic film from the package may remain adhered to the product. If the film sticks to the cheese and is not removed, it could potentially cause a choking hazard.

The following single code date of this product is being recalled:

Consumers can find the Best When Used By date on the back of the 12 oz package in the lower-right corner.

No other code dates of Kraft Jalapeno String Cheese and no other varieties of Kraft String Cheese or any other Kraft Foods products are being recalled.

There has been one consumer complaint. Approximately 2,700 cases of the affected product were shipped to customers across the United States. The affected product was not distributed in Canada.

Consumers who purchased the product with the Best When Used By date of 23 NOV 2012 should not eat it. They should return it to the store of purchase for an exchange or full refund.

Consumers may contact Kraft Foods Consumer Relations Monday through Friday at 1-800-396-2133.

The affected product was produced in Campbell, NY.

Like it or not, fashion is and always will be a relevant thing in the world.

Not relevant in a need-to-survive-kind-of-way, I mean surely the stars and clouds won’t plummet if one doesn’t obtain the latest fashion get-up, but for sure, clothes, shoes and accessories are an important part of our everyday lives.

It’s safe to say that one’s appearance says at least a little something about them, and a person’s look can really affect the way they’re received both professionally and socially.

Basically, even if you don’t care about fashion or about being fashionable, there are enough people that do care about it, which in a way impacts you. In a sense, we are all forced to confront fashion in one way or another.

Now for those who are really into fashion, money can inconveniently come into play at times. We’ve all seen or heard of the person in dire  struggle to pay their rent, while sporting the latest handbag or wearing the latest pair of sneakers.

Many people choose to go broke just to look affluent. It’s always been a weird and oxymoronic part of our culture.

Fashion for the frugal

In an effort to cater to the group of consumers who want the expensive look, but still want to pay their rent or mortgage on time, websites like JustFab have begun to grow in both popularity and its customer base, and if you think about it, a lot of companies are using this particular business structure, which makes perfect sense. 

It seems like Netflix has truly paved the way when it comes to offering a flexible type of service that allows you to pay one monthly price for an unlimited access to products. Once you throw in the free delivery component, many people are hooked, and a lot of industries are now making strong efforts to appeal to the current consumer trend of wanting items continually delivered for one monthly cost.

The website JustFab seems to do just that, as it offers VIP users the chance to view hand-selected ladies fashion items, that’s personally selected by famous and semi-famous industry experts, and for the most part the Kimora Lee Simmons-owned company has made its fair share of noise among fashion enthusiasts and the mainstream media alike.

Of course Simmons is the former supermodel and ex-wife of Hip-Hop mogul Russell Simmons, and also the owner of several fashion-based businesses.

Just $39.95

The membership fee to join JustFab is $39.95, and that amount serves as a credit for the following month. Each item on the site is $39.95 as well.

Between the second and the fifth of each month, customers choose an item and the $39.95 is deducted. After your initial purchase you become a VIP member and the company says that fashion consultants pick items from the company’s “coveted closet” each month based on your personal style.

JustFab says it determines your personal style after you fill out a multiple choice quiz that gives the stylists an idea of what your particular flair is.

If you don’t select an item when it’s presented, you have until the fifth of each month to hit the “skip the month” button so you’re not charged. If you don’t bypass what’s selected for you, you’ll automatically be charged -- kind of like the old Book of the Month Club.

The fashion site, which is part Netflix with a dash of Facebook, sets up a “personal boutique” for each user, and customers can visit it each month to see what new fashion items have been selected for them.

The site doesn’t have the same type of social component as Facebook, but it sets up a sort of profile for you nonetheless, while providing users a customized service approach, which many consumers are attracted to.

No-hassle shipping

Justfab doesn’t actually gather clothes, shoes and accessories from outside designers, items are made by the company’s vendors who are said to also design for popular brands like Nine West, Aldo, Marc Jacobs and Steve Madden. The company also says it has free no-hassle shipping for all deliveries and exchanges.

“I was so excited to get my shoes from this website,” wrote Erika of San Francisco. “They had all kinds of styles and different colors and sizes. So, I ordered my shoes on the 10^th and they were supposed to be here by the 17^th. It’s now the 26^th and nobody has my package—not me or them.” She then added, “I will never order from here again and I recommend you don’t either.”

Many of the complaints in the ConsumerAffairs comments section stem from the company’s terms seemingly being muddled within the site, so those interested in Justfab and any other company for that matter should read all of the provisions carefully and more than once.

This will also give you a little time to at least be temporarily lured away from buying something on the Internet impulsively.

It’s safe to assume that Maria of Dayton, Ohio would agree about carefully reading the terms, as she used JustFab and wasn’t thrilled about the products at all.

“First of all, obviously the following happened to me for not reading the fine print which I’m used to doing, but never thought I’d have to do such things just to buy a pair of shoes,” she wrote. “I purchased a pair of shoes from this site thinking it was a very good deal for your money and they looked so cute on the website’s picture, blah, blah.”

“Well, I got the product and I hated it, so I returned it, but I was more pushed by the person who took my call to take a different item. Of course, so I did. I got the next item and it was even worse,” Maria explained.

Not all bad

But, not all of the comment were bad about JustFab’s product and services. Jessica of Illinois gave a personal satisfaction rating of five stars to the fashion site, and says she found the products to be of decent quality.

“I’ve been a member roughly around two years or since Just Fab was just beginning and let me start by telling you how much I love JustFab because of their shoes, clothes, bags, and jailer are amazing,” she wrote.

“I always get compliments on everything that I wear. And “the quality of their products are amazing, they’re not cheap at all," Jessica said.

For the most part it seems that if you use the JustFab website properly, you can significantly decrease the chance of being hit with a surprising charge, or even getting duped. 

However, a good amount of folks have played by all of JustFab’s rules and still were victims of inadequate service and subpar products. There is definitely a good chance that all of the products aren’t made exactly the same way and levels of quality may fluctuate.

The site shows a 24/7 customer service number for complaints, and I called in the middle of a work day and reached someone in about 30 minutes, which isn’t too bad if you want to resolve a problem with an order.

How fast the company resolves customer issues is another story, but one has to expect glitches will exist in a newly developing business structure that’s figuring out how to seamlessly provide at home service for a set cost.

Also, since many companies don’t have a strong desire to let you clearly know how to back out of a business exchange, it’s up to the consumer to be as knowledgeable as possible about the terms before purchasing anything. 

And taking the time to speak to a live person can be a hassle for sure, but many times it creates better results, especially if you want things resolved sooner than later.

Some diehard shoppers are no doubt already in training. They're getting ready for the big day – Black Friday, the day after Thanksgiving – when only the strongest, who rise well before sun-up and stand in the freezing cold, get the best deals.

As much as the nation's big box retailers would like you to go on believing that, it just isn't true. Anecdotal evidence each year suggests many shoppers go home disappointed with little to show for their efforts.

Now the Wall Street Journal reports it has crunched the numbers and proved what many long suspected. While a limited number of big screen TVs might be generously marked down, the kinds of things you routinely buy as gifts aren't. If you want a wristwatch or Barbie doll for example,you'll save more money by watching sale circulars throughout the year and sleeping in on Black Friday.

Black Friday jinx?

And if you really want a flat-screen TV, Black Friday might not be the time to buy. The Journal found that these items get more expensive the closer you get to the holidays. The lowest prices on the widest selections of sets, it turns out, is in October. And in fact, you might not want to purchase a TV on Black Friday, even if it's a steal.

While flat screen TVs are notorious for blowing capacitors or suffering other problems right out of warranty, ConsumerAffairs noted a year ago that sets purchased on Black Friday – consumers usually specify when they bought it – appeared particularly vulnerable.

“I bought this (Emerson) TV on Black Friday as well,” Patti, of Fair Oaks, Calif., wrote to ConsumerAffairs. “A couple months later the TV's sound started muting. Picture would be fine but the sound would go out. I would have to turn the TV off then on again to get the sound back. To make a long story short I had to return the TV three times for the same problem.”

One explanation for the large number of problems with TVs purchased on Black Friday is they tend to be the cheapest models in the first place. Retailers probably aren't going to slash the price of their premium sets, so if you select on Black Friday price alone, you could be purchasing trouble.

Sorry, we're out

Sometimes the “door-buster” specials and other sale items designed to draw shoppers in on Black Friday are only stocked in limited quantity. Sometimes they're very similar to another item that costs a lot more.

“I went to shop Black Friday sales and went there (Kohl's) especially for an item listed in their sale bill,” Toni, of Norman, Okla., posted at ConsumerAffairs. “The item was a Bella brand Belgian rotating waffle maker for $9.99. When I went to pay for it they told me that this was $62.99. I explained and showed the sale bill to them advertising this exact product word for word. The cashier said that several people have complained about this and she didn't know why they didn't specify the two machines they had.”

Jane, of Overland Park, Kan., says she specifically chose Target for her Black Friday “camp out” because of an ad declaring "Our low price promise: We'll match the price in any local competitor's printed ads for identical products. This applies to current local printed ads for in-store products. This does not apply to Target.com. See guest services for details."

“The store would not honor competitor's ads, citing various (inconsistent) rules, such as 'those are door busters, we can't match those,' and 'we won't match the price unless the exact same item is listed in the Target ad,'” Jane wrote. “However, it is what they said. There’s no satisfaction.”

Rules

And each year, there are always complaints about how particular stores enforce their Black Friday rules. Some have complained they made their plans based on the opening time advertised in the newspaper, only to arrive and find the store had been open for nearly an hour.

“Walmart was handing out tickets for the PS3 bundles that were on sale for $199.00 this Black Friday,” wrote Sarah, of Santa Ana, Calif. “I got my ticket, waited in line for 2 1/2 hours for 10:00 pm to come. When it was 9:50 pm, a worker came around and said, 'okay, if you have a ticket, you will be getting a PS3, if you don't have one, please don't line up.' When it came to our turn to get the PS3 they said, 'sorry, we have no more PS3s. All we have left are PS360s that are an extra $150.'”

If you decide to forgo Black Friday this year, then when should you shop. According to the Journal's research, popular gift items get more expensive the closer you get to the holidays. On the other hand, an item that isn't moving as well tends to get marked down as the holidays approach.

Some consumers shop for the holidays year round, which is probably a very good strategy. If you aren't one of them, however, then starting your shopping now could be your next-best option.

Same-day delivery is shaping up as the latest battleground in retailing. Amazon has been gearing up to offer same-day delivery in urban areas and now Walmart is doing the same.

Walmart began testing same-day delivery in Philadelphia and Northern Virginia last week and is in the process of adding Minneapolis, San Jose and San Francisco. 

The company says the test program -- called Wal-Mart To Go -- will continue through the holidays. It costs $10 per order, regardless of the size of the order. Orders must be placed with walmart.com by 12 p.m. local time to qualify.

While not all items are included, there's a pretty long list of merchandise including electronics, toys, sports and fitness and home goods. 

UPS will be handling the deliveries. The company said that shortly after noon, UPS will pick up the ordered items at the more than 3,000 Walmart "supercenters" and deliver them to customers that evening. 

Groceries are not included.

Amazon, which has agreed to start collecting sales tax on online purchases in a number of major states, is said to be gearing up its own same-day delivery service. 

Another day, another record gas price. AAA reports the average price of a gallon of gas in California today is $4.671 a gallon, a rise of just 0.3 cents, which observers took as a hopeful sign that the sky-rocketeing prices were losing momentum.

While the increase may be slowing, today's price is still 48.9 cents a gallon higher than it was a week ago and 86.6 cents a gallon above last year's price.

And, of course, since the $4.671 is an average that means that many motorists are paying a lot more than that. Full-service and premium fuel adds quite a bit to the price and prices vary across the state depending on a wide variety of factors.

Also, while prices may be leveling off, it always takes longer for gas prices to go down than it does for them to go up, so it may be a month or more before there is any real relief.

Long commutes

California is home to many of the longest commutes in the U.S.  A combination of high housing prices and suburban sprawl make a 60- or even 70-mile commute not at all uncommon. With clogged freeways adding to travel time and fuel consumption, drivers burn a lot of fuel in the average workweek.

Gov. Brown Sunday ordered the sale of cheaper and more available winter-blend gasoline. Winter blend is detrimental to air quality during warm weather but the sky-high gas prices and worsening supply call for immediate action, Brown said.

"Gas prices in California have risen to their highest levels ever, with unacceptable cost impacts on consumers and small businesses," Brown said in a statement. "I am directing the Air Resources Board to immediately take whatever steps are necessary to allow an early transition to winter-blend gasoline.

 Sen. Diane Feinstein (D-CA) thinks something is fishy and wants a government investigation.

In a letter over the weekend to the Federal Trade Commission, Feinstein held open the possibility that fraud might be involved in the shortage of gasoline in the state, resulting in the sudden price spike.

"Available data appears to confirm that market fundamentals are not to blame for rising gas prices in California," her letter said.