Current Events in October 2012

Kasel Associated Industries of Denver, CO, is recalling its Nature's Deli Chicken Jerky Dog Treats product because it may be contaminated with Salmonella.

Pets with Salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Infected but otherwise healthy pets can be carriers and infect other animals or humans.

If your pet has consumed the recalled product and has any of these signs, please contact your veterinarian.

The recalled Chicken Jerky Dog Treats were distributed to 57 Sam's Club locations in CO, IA, ID, IL, KS, MO, MT, NE, OK, SD, UT and WY.

The product comes in a clear plastic bag with the Nature's Deli logo containing 2.5 lbs. chicken jerky marked with UPC bar code 647263800208. Kasel Industries is recalling lot number BEST BY 091913 DEN because this lot code tested positive through analysis by the FDA.

No illnesses have been reported to date in animals or humans in connection with this product.

The company has ceased distribution of any lots that have possible contamination of the bacteria. No other products made by Kasel Associated Industries are included in the recall of 2.5 lbs. packages of Chicken Jerky Dog Treats.

Consumers who have purchased this product are urged to return it to the place of purchase for a full refund.

Anyone with questions may contact Kasel Associated Industries at (800) 218-4417 Monday thru Friday from 7am to 5pm MDT.

The second highest cause of automobile crashes – 17 percent -- is rear-end collisions. Thousands of people die. The solution? "It is simple," says Clay Gabler, a professor of biomedical engineering at Virginia Tech. "Slow the striking vehicle."

The concept may be simple, but execution is complex and expensive. However, in a life-and-death scenario, it is worth the investment, agree Gabler and Kristofer Kusano of Herndon, VA, a doctoral student in mechanical engineering.

In affiliation with the Virginia Tech-Wake Forest Center for Injury Biomechanics and the Virginia Tech Transportation Institute, they are conducting research on the potential benefit of a suite of collision avoidance systems now available as options on some new cars.

Their research, which has been published in peer-reviewed journals, predicts that the use of three systems may reduce serious injuries by 50 percent.

Investigating the possibilities

Gabler and Kusano are looking at three systems that can operate independently or in sequence to prevent or mitigate a front collision. They have looked at one generic system that begins with a warning 1.7 seconds before a potential crash. Once alerted, if the driver begins to apply the brakes, there is brake assistance. "The car says, 'Let me show you how to do it more effectively and applies the necessary braking force'," said Gabler.

Finally, 0.45 seconds before the collision, the car will add 0.6 G to the braking effort, or if there is no braking, will apply the brakes autonomously.

"These systems require radar and sophisticated computers. So there is a lot of interest in determining how efficient they could be to guide development," said Kusano.

He and Gabler looked at collisions from the National Automotive Sampling System/Crashworthiness Data System for 1993 to 2008. U.S. Department of Transportation crash teams look at about 5,000 crashes a year out of some 6 million police-reported crashes.

Investigation includes photographing and diagramming the scene of the collision, collecting information from police and medical records, conducting interviews with the occupants, and measuring damage to the vehicles. To be investigated, crashes must involve at least one passenger vehicle, and at least one vehicle must have been towed from the scene due to damage.

Case-by-case analysis

The Virginia Tech researchers extracted 1,396 incidents of rear-end collisions from this database and looked at them on a case-by-case basis to determine whether the intelligent vehicle systems being studied would have been called into play and, if so, how they would have helped.

Kusano and Gabler's research appears in the paper, "Safety Benefits of Forward Collision Warning, Brake Assist, and Autonomous Braking Systems in Rear-End Collisions," published online in April as an early access article for inclusion in a future issue of the journal IEEE Transactions on Intelligent Transportation Systems.

"Warning works in alerting a distracted driver so they apply the brakes," said Gabler. The study of the crashes determined that 71 percent of the drivers were braking and 29 percent were not. Simulations were run of the crashes, and then assisted or autonomous braking was simulated.

The research showed that 7.7 percent of crashes would be prevented by use of all three systems -- warning, assisted braking, and autonomous braking. "We looked at one generic system with a 1.7 second warning. If the warning were sooner, it would prevent more crashes, but there would also be false alarms, which results in drivers turning the systems off or ignoring warnings," Gabler said.

Injury reduction

But the research sponsor, Toyota's Collaborative Safety Research Center, is interested in more than how many crashes would be prevented. "They pointed out, 'There are people in those cars.' And they asked, 'Can injuries and fatalities be prevented?'," said Gabler.

The research showed that use of all three systems may have the potential to reduce injuries by 50 percent. "That surprised me," said Kusano. "That is on a level with seat belts."

Kusano and Gabler are also looking closely at driver behavior. "Not accounting for driver behavior may overestimate the potential target population for a safety system," said Gabler.

If you had to guess who the national leader in breast cancer screening rates, would you say, “the Department of Veterans Affairs (VA) ?”

If you would, you're right on the money. In fact, the agency has outperformed non-VA health care systems in breast cancer screenings for more than 15 years, with 87 percent of eligible women receiving mammograms in the VA health care system in fiscal year 2010.

In comparison, in 2010, the private sector screened 71 percent of eligible women, Medicare screened 69 percent and Medicaid screened 51 percent, according to Healthcare Effectiveness Data and Information Set -- a tool used by more than 90 percent of U.S. health plans to measure performance on important dimensions of care and service.

“We’re proud of our great record on breast cancer screenings and treatments,” said Secretary of Veterans Affairs Eric K. Shinseki. “We’ll continue to work to improve access and coordination of care for women veterans.”

Growing number of users

Since 2000, the number of female Veterans using VA health care has more than doubled, from nearly 160,000 to more than 337,000 in fiscal year 2011. As the number of female veterans increases rapidly, VA not only focuses on improving access to breast screenings and coordination of care, but also trains providers in the latest breast exam techniques.

VA provides mammograms for all vets, with 45 facilities providing services on-site utilizing digital mammography. Some facilities offer mammograms to walk-in patients and same-day ultrasounds. VA also offers mobile mammography in some areas of the country.

This mammogram technology-on-wheels allows women veterans in rural areas to get screening mammograms and have their mammograms read by a VA breast radiologist, without traveling far from home. All this improves access for more than 337,000 women VA health care users.

The difference

“VA is different from other health care systems in that we serve a female population that is spread across the continental United States, located in both rural and urban areas,” said Dr. Patricia Hayes, chief consultant for VA’s Women’s Health Services. “Because of that we have to be creative and innovative about the way we provide screenings, track a woman’s mammogram results and breast cancer care, and train our providers in the latest diagnostic techniques and breast cancer treatments.”

In many cases, VA is using technology to bridge the distance between providers at facilities in its 21 regions throughout the nation. VA uses simulation technology to train VA providers in the latest breast exam techniques.

VA is also developing a breast cancer clinical case registry to track when a provider orders a mammogram, the results of the test, and the follow-up care provided. The system will improve care coordination and help VA track and study breast care outcomes throughout VA. It is expected to be available in 2013.  

Consumers are doing a much better job managing their credit card debt, according to the latest figures from the American Bankers Association (ABA). However, the delinquency rate for some other types of consumer loans crept higher in the second quarter.

Delinquencies on bank-issued credit cards dropped below three percent of accounts for the first time since 2001 -- falling 15 basis points to 2.93 percent of all accounts and well below the 15-year average of 3.91 percent. That improvement helped lower the ABA's composite ratio, which tracks delinquencies in eight closed-end installment loan categories, to 2.40 percent.

Saving more, borrowing less

“Consumers are saving more and borrowing less as they work to pay down debt at a faster rate,” said ABA chief economist James Chessen. “Economic uncertainty has made consumers hesitant to take on new debt, and building a stronger financial base has become a priority.”

One reason for the better record of credit card payments may be the “weeding-out” process that lenders have gone through over the last four years. In the aftermath of the Great Recession some credit card accounts were unilaterally closed. Others had their credit limits reduced. Others were written off as uncollectable and no longer show up as delinquent.

While Chessen found the continued decline encouraging, the report didn’t reflect the kind of comprehensive improvement across categories seen in the first quarter.

For example, delinquency rates were up slightly on direct auto loans, loans for boats, RVs and home equity lines. They were down slightly on third-party auto loans and mobile home loans. That means this report can't be interpreted as completely bullish.

Pause about the future

“The lack of broad-based improvement gives us pause about the future,” Chessen said. “The economy experienced turbulence in the second quarter. Slow job growth and continued uncertainty means many consumers will face challenges managing their debt going forward.”

Particularly troubling is that delinquencies in all three categories of home-related loans rose in the second quarter.

“While the housing market appears to have turned a corner, we are many quarters away from seeing improvement filter through to reduce home-related delinquencies,” Chessen said.

Glass is half-full

Still, the banking industry is taking a “glass is half-full” view. Chessen said consumers should be congratulated on their prudent and cautious behavior toward credit, particularly given the uncertainty they face.

“Good financial planning is the best defense against inevitable economic bumps in the road that lie ahead,” he said. “The economic path is far from certain as Europe continues to struggle and big decisions are needed to deal with the looming U.S. debt cliff.”

The debt cliff is a provision of past debt-ceiling legislation that will trigger automatic and deep federal spending cuts at the end of this year unless Congress acts to adjust them. Considering Congress has not been able to agree on much in recent years, some economists worry deep cuts will occur at precisely the time tax cuts expire and rates rise.

GE Appliances of Louisville, KY, is recalling about 62,000 GE Profile front load washers.

The washer’s basket can separate during use and break the washer’s top panel, posing an injury hazard to consumers. GE has received 19 reports of washer baskets separating, including 10 reports of top panel breakage. No injuries have been reported.

This recall involves GE Profile frontload washing machines, manufactured in China, with model numbers beginning with WPDH8800, WPDH8900 and WPDH8910. All serial numbers with these models are included in this recall. The model number is located on the washer’s right side near the bottom and behind the door near the door frame visible when the door is opened.

The washers were sold in gold, red and white at Best Buy, Lowe’s, Sears, The Home Depot and other department and retail stores nationwide, from July 2008 to August 2011 for between $1,199 and $1,599.

Consumers should immediately stop using the recalled washers and contact GE for a free repair.

For additional information, consumers should contact GE Appliances at (888) 641-9739 between 8 a.m. and 5 p.m. ET Monday through Friday.

It may not be as good as last year, but retailers expect this year's Christmas shopping season will be decent.

Tempered by political and fiscal uncertainties but supported by signs of improvement in consumer confidence, holiday sales this year will increase 4.1 percent to $586.1 billion, according to the National Retail Federation (NRF).

That's pretty much the same as the projection from Deloitte last week.

NRF’s 2012 holiday forecast is higher than the 10-year average holiday sales increase of 3.5 percent, but as robust as last year's 5.6 percent growth rate.

“This is the most optimistic forecast NRF has released since the recession. In spite of the uncertainties that exist in our economy and among consumers, we believe we’ll see solid holiday sales growth this year,” said NRF President and CEO Matthew Shay. “Variables including an upcoming presidential election, confusion surrounding the ‘fiscal cliff’ and concern relating to future economic growth could all combine to affect consumers’ spending plans, but overall we are optimistic that retailers promotions will hit the right chord with holiday shoppers.”

Mixed economic signals

Recent government data show a crosscurrent of indicators that could affect holiday sales, including unimpressive job and income growth and an unemployment rate stuck around eight percent. However, positive indicators are emerging that show a cautious but capable consumer, such as increases in confidence and home prices.

“While moderate compared to what we experienced the last two holiday seasons, the forecast is a very pragmatic look at what to expect this year given the current rate of economic growth,” said NRF Chief Economist Jack Kleinhenz, Ph.D. “There’s still some general anxiety amongst consumers when it comes to how the state of the economy is impacting their spending plans, but retailers can expect to see excitement around their promotions and plenty of bargain hunters both online and in stores in the coming months.”

NRF’s holiday sales forecast is based on an economic model using several indicators including consumer confidence, consumer credit, disposable personal income, and previous monthly retail sales releases. It now includes the non-store category (direct-to-consumer, kiosks and online sales).

Seasonal employment surge

Retailers are expected to hire between 585,000 and 625,000 seasonal workers this holiday season -- comparable to the 607,500 seasonal employees they hired last year.

“The retail industry creates hundreds of thousands of jobs every holiday season by adding new staff in stores, distribution centers, and customer service departments across the country. In addition to the newly created jobs, many retailers also offer existing staff the opportunity to work longer hours if they want,” said Shay. “New jobs help people support their families, and for some, seasonal employment can turn into a career opportunity once the holidays have passed.”

The holidays are coming. The smells of Thanksgiving turkey and dressing and the sounds of carols can make it “the most wonderful time of the year,” unless you have to get on an airplane.

While industry airline performance quality has improved each year since 2007, the travel experience has become more stressful and uncertain, especially around the end-of-the-year holidays.

“During the past several years, the holiday travel period has been a struggle for airline passengers,” said Dean Headley, Airline Quality Rating co-author and marketing professor at Wichita State University. “December typically has one of the worst industry performance scores of any month. The best bet for the consumer is to travel as early before the actual holiday or as late as possible afterward, and always leave room for schedule changes."

Downside of holiday travel

For starters, travelers can expect to pay more for a ticket, meaning it's a good idea to book your travel as soon as possible. With it already October, the window on savings is starting to close.

Then there are the lines. With more travelers around the holidays planes will be full and the whole boarding process usually takes longer.

And don't forget the weather. All it takes is one major winter storm at a major airport or two to throw airlines schedules everywhere into turmoil.

But despite all that, Headley says all is not doom and gloom when it comes to holiday travel. Looking back, he says, 2011 was a pretty good year for airline performance and data suggests that trend has continued into 2012.

Improvement

“Data shows performance scores are getting better,” said Headley. “We are settling in to a reduced capacity system that challenges travelers to be more savvy. With strong demand for fewer seats, it also presents an opportunity for the airlines to perform better, but also charge more for a ticket.”

And holiday travel doesn't have to be bad. Headley says travel during the holiday period last year was actually better than during the summer months.

“If you look at this improvement trend with month-over-month performance scores being better, even the more difficult winter months hold hope for a better travel experience,” said Headley. “Air travel will cost more, but if you can find a seat, it may operate better.”

In 2011, best-performing airlines in each of the AQR categories were Hawaiian, Jet Blue, Air Tran and Southwest. Hawaiian was best in on-time performance. Jet Blue was best in avoiding denied boardings. Air Tran was best in baggage handling. Southwest had the lowest rate of customer complaints.

The worst performing airlines in each of the AQR categories were Atlantic Southeast, Mesa, American Eagle and United. Atlantic Southeast had the worst on-time performance. Mesa had the worst rate of denied boardings. American Eagle had the highest rate of mishandled baggage. United had the highest rate of customer complaints.

Nothing seems more natural than a kid on a bicycle, but most parents find it's easier to get their child to eat their broccoli than to wear a helmet when they ride.

But maybe parents should give up on the vegetables and spend their energy on the bike helmet since it could prevent a serious injury or even death. 

According to the U.S. Centers for Disease Control (CDC), head injury is the most common cause of death and serious disability from bicycle crashes. The best protection is the bicycle helmet.

However, few bicyclists wear helmets regularly, and children are less inclined to wear helmets than adults. National estimates of helmet use among children range from only 15 to 25 percent.

Proving helmets' effectiveness

Neurosurgeon Tobias Mattei, MD, and his research team at the Illinois Neurological Institute and Bradley University set out to prove a point. They tested how well helmets withstood forces of impact and crush tests when covering human cadaver skulls.

They found that wearing a helmet can reduce the acceleration experienced by the skull during an impact by up to 87 percent, and can aid the skull in resisting forces up to 470 pounds in a crush accident. In most crashes that's enough to result in only minor injury with a helmet. Without a helmet, it could be fatal.

The researchers filled a number of human cadaver skulls with BBs and resin cement to provide a uniform weight of four pounds. They used an apparatus that could test both impact and compression injuries.

The skull and helmet were released in free-fall from heights ranging from six to 48 inches, landing on a flat steel impact anvil. Unprotected skulls also were tested in falls from six and nine-inch heights.

Significant protection

Helmet use was found to reduce impact acceleration up to 87 percent at a drop height of six inches and more than 76 percent at a drop height of nine inches. In terms of real life effects, the tests show that wearing a helmet can reduce the force of a head impact during an accident occurring at 30 miles per hour to the force of a head impact occurring at seven miles per hour.

Compression injuries in bicycle accidents do not occur as often as impact injuries, but they can be devastating, the researchers say. They demonstrated that by using a pneumatic air cylinder.

Together the skull and helmet were placed on their sides on a platform underneath the pneumatic cylinder, and the cylinder was set at various loads of compression to identify the maximum load that could be sustained without damaging the skull. The test was repeated using the skull without a helmet and again using the helmet alone.

Standing up to 470 pounds

The helmeted skull was able to withstand a 470-pound force; the helmet alone displayed initial cracking at 100 to 200 pounds of force. Needless to say, disastrous consequences occur when that happens.

ed when the unprotected skull was subjected to a high compression load.

Based on the test results, Dr. Mattei, the lead author of this study, offers this advice to parents sending their children out to play on bicycles:

“Parents must be aware that it is their responsibility to provide and assure that all available safety measures are taken when allowing their children to participate in any kind of social activity or sport,” Mattei said. “Bicycling is not different.”

The best way to teach, he says, is by example. He suggests parents go bicycling with their children, making sure everyone -- adults and children -- is wearing a helmet.

Have you ever watched a movie or television show and wished you could dress like one of its stars? Maybe you wanted those cool looking sunglasses that Bradley Cooper wore in “The Hangover,” or maybe you’ve coveted something worn by one of the "Sex and The City" characters.

Well now you don’t just have to wish, as Target has created a short film that allows you to click on items that appear on the screen, and immediately purchase them if you choose.

The film, entitled “Falling for You” is a romantic comedy starring Kristen Bell, Nia Long and Zachary Abel and only plays on the retail chains website, Target.com. As you watch the film, items in each scene will appear on the right-hand side of the screen, and viewers can add each item to their favorites list or purchase them on the spot.

For example, Abel’s character Joe appears in the first scene, and right away the tie, jacket, jeans, and work bag he’s wearing all appear next to the screen, and viewers can click on each item and add it to their virtual shopping cart.

And it’s not just clothes you can buy either. Viewers of the film can purchase everything from the nail polish the actors are wearing, to the furniture and bedding in their homes, to the small unnoticeable watch that’s being worn by one of the characters.

Not entirely new

Shoppable movies aren’t an entirely new marketing ploy, as a few companies have already used videos to sell products, including Ralph Lauren, Gucci and Neiman Marcus.

According to Dennis Ryan the Chief Creative Officer of the advertising firm Olson, consumers having the ability to browse new products as they watch movies is the ideal way for them to discover new items. And the concept is only going to get more advanced as time progresses, he says.

“You start making these things more fluid, where the user experience becomes more immediate and more drivable by the end user. That’s really where the medium is going and where all the fun is,” says Ryan.

And according to the "Falling for You" actors, each one of them was eager to do the film, and admitted to having a penchant for Target's products. “The shoes I wore were so comfortable,” said Long. “And I loved the black skirt that I wore in the final scene.”

Jeff Beaman, who is the CEO of the marketing firm Clikthrough, says brands matching their products with videos have been used before, but not that effectively, and it wasn’t until Gucci recently figured out consumers don’t only want the accompanying videos to be informational; they also want them to be interactive.

“Luxury brands spend a lot of time producing quality videos for their sites,” he said in an interview. “Yet they often keep the videos on different sections that often don’t contain any information on the products featured in the videos. With luxury brands, it’s all about experience. They take pride in this from their designs all the way to their stores.”

Information and entertainment

Shawn Gensch, Target’s Senior Vice President says the timing of releasing such a film gives consumers the option of being informed of a new product while also being entertained. He says it’s an ideal concept especially for the upcoming holiday season.

“The way we gauge success here is the differentiation of the Target brand,” he said. “This is one component of a very robust messaging calendar and at a very key season for retail.”

For those that don’t want to sit through each episode of the short film, they can simply click on a tab that brings up all of the products in each scene, and consumers can either purchase the item or add it to their favorites.

Each segment of "Falling for You" will run in three, 4-minute episodes and the next installments are said to premiere on October 4, and October 9, respectively, which will be concluded with a live program and shopping event on October 10.

It will be interesting to see if consumers viewing these garments worn by celebrities will have a huge impact on their desire to own that particular product.

On the positive side of things, one could be able to see how certain clothing items really move when being worn-- similar to a fashion show-- and on the negative side it could force people to be more to impulsive when it comes to shopping.

One could also wrongfully assume that because an item looks good on a movie star, it will also look good on them

Shoppable videos are certainly a creative marketing idea, but it does have the potential to make you spend money that you really don’t want to spend. Consumers should definitely expect to see more of these films and videos in the very near future.

The Federal Trade Commission (FTC) today announced that it has taken six law enforcement actions to disrupt a recent rash of so-called tech-support scams.  

"In these outrageous scams, you get a call from someone who claims to be from Microsoft or Symantec. After getting a fee of $450 or more, the person then claims to remove the phantom badware from your machine," FTC Chairman Jon Leibowitz said at a news conference today.

"Most of the scams are based in India," Leibowitz said. "They have fleeced consumers of tens of millions of dollars and numerous do-not-call violations in the United States."

Leibowitz said that a federal court today imposed temporary restraining orders against six scams involving 14 companies and 17 individual defendants. The restraining orders effectively shut down the companies. 

Google ads

Leibowitz said the defendants cold-called consumers. They also purchased ads from Google using common brand names including Microsoft, Symantec, McAfee and Norton to gather potential victims. In the calls to consumers, the scam artists claimed to have received an automatic notification from the person's computer reporting a problem. They told their potential victims to go to their computer and look at a file that show "warning messages." 

The messages were actually routine notifications in the utility area of the computer. 

When consumers agreed to pay the fee for fixing the “problems,” the telemarketers directed them to a website to enter a code or download a software program that allowed the scammers remote access to the consumers’ computers.  Once the telemarketers took control of the consumers’ computers, they “removed” the non-existent malware and downloaded otherwise free programs.

Joining in today's action were the Australia Communication and Media Authority, the Canadian Radio-Television and Telecommunications Commission and Microsoft Corp.

After announcing plans to team-up with Verizon to challenge the video streaming kings Netflix in home entertainment, Redbox is looking to expand its brand and services even further. The Illinois-based company announced it’s getting into the live event business and consumers will soon be able to pick up tickets at each Redbox kiosk for local events.

The expansion is first being tested in Philadelphia later on this month, and a full on roll-out is tentatively scheduled for 2013 when the ticketing service will be offered on the West Coast.

“With the support of consumers and our partners, we hope to bring Redbox Tickets to more cities nationwide, with the potential to reach the Chicagoland area,” said Anne Saunders in a published interview.

$1 fee

It was also revealed that tickets for live events will be offered at either face value or slightly under, coupled with a $1 transaction fee for each purchase.

Redbox will begin its Philly ticket launch with about 650 kiosks, and immediately consumers will be able to pick up tickets for major events like music concerts, NASCAR races, Villanova University basketball and football, and a slew of other events.

The new service will also allow entertainment seekers to print out their tickets at home under Redbox’s online service, which will provide the company with yet another added component that consumers may flock to.

The new ticketing service comes at a time when Redbox has seen a slump not only in sales figures but possible relevance, as DVDs are quickly being passed over for movie streaming, which has caused the company to do an about-face in terms of increasing its relevance and overall services.

Whether its new streaming and ticket services will really challenge companies like Netflix, or other companies that offer tickets remains to be seen, but without these new and very timely ventures it’s possible the Redbox company could have quietly slid off to an area of oblivion. “I see no reason that this is not something that could expand more broadly,” Saunders said.

And Redbox isn’t only offering tickets for arena sized events, as it's also doing business with smaller venues like local zoos, festivals, museums, and other local companies.

Aiming for Ticketmaster?

However, one of the challenges for Redbox will be to turn around some of its missteps, as many customers have complained of service that has been far from superior. 

“I have returned movies several times over the past few years and then been charged for them, as have several of my friends,” wrote Terry of Fairhope, Ala., in a ConsumerAffairs posting.

“Every time I email or call Redbox, they have some sort of excuse why they are unable to refund me the money. This last time, they said if I could provide them with the return receipt, then there would be no problem, which of course I provided them with and a copy showing what my account was charged."

“Needless to say, that was 2 weeks ago and I now have an email from them stating once again why they do not think they owe me even after I gave them black and white information as to the fact that they do. I have spoken to multiple people about this problem only to find out how common it is and they too have had the same issues,” Terry said.

Hopefully Redbox won’t bring over some of its billing mishaps over to its new ticketing service.

Polls have been a big part of the 2012 election season so far. President Obama and Mitt Romney are neck and neck in many national polls with the President ahead in some important battleground states.

But one poll you probably haven't heard much about is the Chia Poll. For the election season Joseph Enterprises has produced Chia pottery in the shape of Obama's and Romney's heads. Just like with the famous Chia Pet, the idea is to cover the pottery with seeds and grow “hair.”

But which candidate has captured consumers' fancy? While Gallup and Rasmussen show the two candidates almost deadlocked, it's not even close in the Chia Poll. The numbers are compiled from Internet sales and in-store sales at Kmart.

Commanding lead

In the most recent sales data available from Joseph Enterprises, the reported sales figures since the start of the first airing of TV commercial featuring both Chia Romney and Chia Obama show Obama with a commanding 69.6 percent to Romney's 29.5 percent.

Additional sales for items in the company's "Freedom of Choice" collection during these same dates were for Chia Gingrich 0.3 percent and Chia Ron Paul 0.5 percent. The results reflect the sales figures reported by Kmart and online retailers Amazon.com, Drugstore.com and Americanchia.com according to Joe Pedott, President of Joseph Enterprises.

Chia debate?

With tonight's first presidential debate taking center stage, Pedott suggests consumers who have purchased both Chia Obama and Chia Romney could stage their own debates.

Admittedly, the Chia Poll is far from scientific and the choice of a Chia candidate doesn't necessarily translate into a vote. But in an election season that seems a bit more dreary than usual, it can't hurt when a product can inject a little levity into the electoral process.

Pandora, Apple, Spotify, MOG ... and now Microsoft. The streaming-music pool is filling up fast. Google Play probably figures in here somewhere too.

Microsoft, which seems to have decided that it should launch every bright  idea it can think of on Oct. 26, says it will launch Xbox Music then. Reports say that, as with its Zune Music Pass, Xbox Music will be available as a free streaming service with ads or as a subscription service without ads.

The subscription price is expected to about $14.50 per month, roughly comparable to everybody else. 

This is not exactly a new idea, of course, but that's never stopped Microsoft before. And besides, Microsoft needs a music service it can offer on its new Windows Phone, not to mention its new tablet, Windows 8 and Xbox 360.

A key part of the service is Microsoft's SkyDrive integration that will allow users to store music and playlists in a cloud collection — available across multiple devices. You know, like iTunes.

It's all still supposedly secret, but we did run across this little video from Microsoft that's intended to get you in the mood. 

Of course, no one's really making any serious money on these services yet -- but it's only the standalone players like Pandora and Spotify who have to worry about paying the rent. Apple, Microsoft and Google are mostly concerned with filling out their product portfolios, so times may be getting tough for those who were there first. But that wouldn't be new either, would it? 

“Hold onto your seat” is taking on new meaning at American Airlines. The carrier has been hit by a rash of “loose seat” incidents that has resulted in it pulling nearly four dozen jets from service for inspection.

The incidents began last week when a row of seats came loose from the deck of the aircraft while it was in the air. The plane made an immediate unscheduled landing and no one was hurt. The problem was fixed, or so everyone thought.

A few days later it happened again, aboard the same aircraft. A couple of days later it occurred on a different jet.

American has pulled aside 47 aircraft – all Boeing 757s – from its fleet until they can be thoroughly checked out. It is still checking some other planes for the problem, which apparently stems from maintenance issues.

This and its continuing labor and bankruptcy issues have put American's already rather choppy reputation into a nose dive. ConsumerAffairs conducted a computerized sentiment analysis of nearly 500,000 postings to social media over the last year, with the dismal results show in this chart:

Faulty locking mechanism

In an interview with Dallas, Texas television station KTVT-TV, American's vice-president for safety David Campbell said an investigation highlighted an improperly installed lock that secures the row of seats to the deck.

“Was it properly installed, was there wear, was there tear? At the end of the day, that’s the mechanism that will allow the seats to stay secure or if it fails, will it become dislodged,” Campbell said.

The Transport Workers of America, the union representing American's maintenance crews, has also weighed in. Robert Gless, deputy director of the union's Air Transport Division, said the union is conducting its own probe.

“Much of the work related to seat installation on American Airlines’ aircraft has been done by an outside firm, TIMCO, rather than by maintenance personnel employed by the airline,” Gless said.

Just the latest headache

The loose seats are just the latest problem for American, which is trying to emerge from bankruptcy. The issue comes on the back of increasing flight delays and cancellations, the result of pilots filing an increasing number of maintenance issues. Gless said the seat problem is totally unrelated to any kind of labor issue with American.

“The facts are TWU has ratified agreements with the airline in recent weeks for all its members,” he said. Problems related to seats are less likely a labor problem, but rather a management issue related to outsourcing work to third-party facilities.

American's flight through the bankruptcy process has been bumpy, to say the least. Last month it sent out layoff warnings to more than 11,000 employees, who are being told only that they could lose their jobs -- not that they will. An American spokesman said actual layoffs will be less than half that number.

New union agreements

Last month members of the Transport Workers Union of America (TWU) at two American Airlines bargaining units voted to ratify new contract agreements which reduce the concessions demanded by AMR, the airline’s parent company, which has been in bankruptcy reorganization since November of 2011. One of the TWU units narrowly approved the package. The other accepted it by a 79 to 21 percent vote.

The Allied Pilots Association, meanwhile, has denied that it is engaging in any kind of job action when the number of last minute sick calls and maintenance reports sent American's flight schedule into a tailspin last month.

It all prompted Wall Street Street Journal travel writer Scott McCartney to warn consumers last month to avoid making travel reservations on American this fall.

“American has become too unreliable,” he wrote in his blog.

It was a year and a half ago that the headline read: AT&T Buys T-Mobile, Leaving Sprint a Weak Third. Well, that deal got squashed on anti-trust grounds but this time around, it's T-Mobile doing the acquiring, merging with MetroPCS.

And Sprint? It's still a weak third.

After the Justice Department blocked the AT&T/T-Mobile deal, there were fears that the wireless world would soon be dominated by AT&T and Verizon, with only marginal players offering consumers anything remotely competitive.

The deal announced today isn't likely to raise anti-trust objections, since it actually strengthens two smaller competitors. 

T-Mobile's owner, Deutsche Telekom, has been looking for a way out of the U.S. market and today's deal may accomplish that. It's being engineered as a reverse merger, in which MetroPCS, the smaller of the two, acquires T-Mobile. Since MetroPCS is publicly traded, this enables Deutsche Telekom to eventually sell down its shares and retreat to friendly shores.

It's a little early to say what this means for consumers. The two carriers use incompatible technology so merging their networks is going to be a complex process. However, both have been leaders in offering lower prices and innovative service plans, so one can hope that tendency survives the merger.

MetroPCS offers no-contract, month-to-month service and T-Mobile has traditionally undercut Verizon and AT&T in its contract offerings. 

Neither carrier covers the entire country with its network and the combined company won't either. Also, neither offers the iPhone. That's estimated to have caused the loss of 1.7 million customers at T-Mobile. 

Spirit Airlines is the low-fare carrier that makes up for its cheap tickets with numerous fees. If you can avoid the fees flying can be cheap.

The airline has posted a new fee schedule effective Nov. 6 that Spirit customers should get familiar with, especially if they are in the habit of paying for a carry-on bag at the gate. Starting Nov. 6 that fee jumps from $45 to $100.

Spirit's numerous fees are often a sore spot with travelers who look only at the published fares. Sandra, of Staten Island, NY, is a good example.

“Our family of three flew to vacation via Spirit Airlines, which seemed to be the most affordable offer,” Sandra wrote in a ConsumerAffairs post. “We had one hand luggage each, which we thought should be carried for free, but when we reached the gate, our hand luggage was 2 inches over-sized. We had to pay $40 for each piece, for a total of $120! This was a vacation expense we didn't count on.”

No apologies

Spirit makes no apologies for its fees, pointing out that travelers who can avoid them are getting a very good value.

“We empower customers to save money on air travel by offering ultra low base fares with a range of optional services for a fee, allowing customers the freedom to choose only the extras they value,” the airline says on its Website.

With that in mind, it might be good for consumers to familiarize themselves with Spirit's fee schedule, with special emphasis on the ones that are going up next month.

The sooner you pay the lower the fee

With Spirit, the sooner you pay the fee the less it is. For example, if you pay when you purchase your ticket online but before you check in, the carry-on bag fee is currently $30. Nov. 6 it goes up to $35. The first checked bag fee, purchased online before check in, is currently $28 but is going up to $30.

If you wait to pay for a carry-on bag at check in, the fee is $35 but is rising to $40. The longer you wait to pay the fee, the more it is.

Purchasing at the airport counter, for example, costs $40 for a carry-on, but is going up to $50 -- a 25 percent increase. The first checked bag is going from $38 to $45 and the second checked bag is rising from $45 to $55.

In addition to baggage fees there are also seating fees, booking fees, overweight baggage fees, sporting equipment fees and special service fees. Travelers who look only at the published fares and not at the fee schedule might be in for a rude shock.

If you're keeping track of who is selling the most smartphones in the U.S., note that Apple is gaining ground on rival Samsung.

Just two months after scoring a major patent infringement victory over Samsung in Court, Apple has gained marketshare since the last time comScore issued an accounting. Apple is still in third place, but not by much.

For the three-month average period ending in August, 234 million Americans age 13 and older used mobile devices. Samsung remains king of the hill with 25.7 percent of U.S. mobile subscribers, followed by LG with an 18.2 percent share. Apple continued to inch closer to the number two ranking, however, with 17.1 percent of mobile subscribers, up 2.1 percentage points.

Motorola and HTC round out the top five with 11.2 percent and 6.3 percent respectively.

Apple is only third

With all the press and attention the iPhone gets many people may be surprised to learn it's only in third place. But the iPhone is Apple's only smartphone, even though it continues to sell older versions of the device. Samsung and other competitors, meanwhile, have produced a wide variety of different models appealing to a wider group of consumers.

Google's Android is the most popular smartphone platform for the same reason. The iPhone is the only smartphone on the Apple platform but just about everyone else uses Android. The Google-owned operating system accounts for 52.6 percent of smartphone subscribers, while Apple accounted for 34.3 percent. RIM's Blackberry ranked third with an8.3 percent share, followed by Microsoft at 3.6 percent.

More consumers continued to trade in their old cell phones during the period. The comScore report shows 16.5 million people in the U.S. owned smartphones during the three months ending in August, up six percent versus May.

Mortgage applications are up and so are home prices. Those two pieces of data add to the growing evidence that, at long last, the housing market is turning around.

In a report this week, coreLogic found that U.S. home prices rose 4.6 percent in August over the same month a year ago. That's the largest increase in the last six years -- or since the housing bubble was fully inflated.

Arizona and Nevada -- two states hit hardest by the housing collapse -- were among the states that saw the strongest increase in prices. The coreLogic report adds to other recent data that suggests the housing recovery could be sustainable.

At the same time, applications for new mortgages jumped in the last week, in response to Federal Reserve efforts to drive record low mortgage rates even lower. The Mortgage Bankers Association (MBA) reports applications increased 16.6 percent from the previous week.

Many of those new applications were for refinancing existing mortgages. With rates now well below 3.5 percent, a growing number of households are lowering their monthly payments.

But even more encouraging for the market was the increase in mortgage applications for new purchases. Purchase applications were up four percent from the previous week, suggesting declining rates are finally drawing more buyers from the sidelines.

“Refinance application volume jumped to the highest level in more than three years last week as each of the five mortgage rates in MBA's survey dropped to new record lows in the survey,” said Mike Fratantoni, MBA’s Vice President of Research and Economics. “Financial markets continue to adjust to QE3, as the ongoing presence of the Federal Reserve as a significant buyer of mortgage-backed securities applies downward pressure on rates.  Although there was a slight decline in the HARP share of refinance activity, the level of HARP volume remains steady.”

The average contract interest rate for 30-year fixed-rate mortgages with conforming loan balances of $417,500 or less decreased to 3.53 percent from 3.63 percent, with points decreasing to 0.35 from 0.41 for 80 percent loan-to-value ratio (LTV) loans. The effective rate decreased from last week.

Housing is a significant driver of the economy. When consumers purchase homes they also tend to purchase furniture. They visit home center stores where they purchase paint, wallpaper and landscaping materials.

Low blood levels of vitamin D are associated with an increased number of brain lesions and signs of a more active disease state in people with multiple sclerosis (MS), a new study finds. That suggests a potential link between intake of the vitamin and the risk of longer-term disability from the autoimmune disorder. 

But researchers, led by Ellen M. Mowry, M.D., M.C.R., an assistant professor of neurology at the Johns Hopkins University School of Medicine and principal investigator of a multicenter clinical trial of vitamin D supplementation in MS patients, caution that more research is needed to determine if large doses of vitamin D help without harming MS patients. 

Strong correlation 

Mowry's study, conducted mostly when she worked at the University of California, San Francisco, shows a strong correlation between vitamin D levels in the body (measured through blood samples) and the characteristic brain lesions of MS as measured with MRI images. Results were described in the August issue of Annals of Neurology. 

"Even though lower levels of vitamin D are associated with more inflammation and lesions in the brain, there is no evidence that taking vitamin D supplements will prevent those symptoms," she says "If we are able to prove that through our currently-enrolling trial, it will change the way people with multiple sclerosis are treated." 

In people with MS, the body's immune system attacks the coating of nerve fibers in the brain and spinal cord. The coating, made of a fatty protein called myelin, insulates the nerves and helps them send electrical signals that control movement, speech and other functions. When myelin is attacked, inflammation interferes with message transmission, activity that shows up on an MRI as lesions, which look like white spots. 

In the most common form of MS, called relapsing-remitting MS, patients may at times have no symptoms, but at other times may suffer from "attacks" (or "relapses") of symptoms such as blurred vision, numbness and weakness. There is currently no cure for the disease but there are medications to help reduce the number of attacks and to help reduce symptoms left over if a person hasn't fully recovered from an attack. 

Vitamin D effect 

For the study, Mowry and her colleagues used data from a five-year study of 469 people with MS. Each year, beginning in 2004, researchers drew blood from, and performed MRIs on, the brains of study participants, looking for both new lesions and active spots of disease, which lit up when a contrast dye was used. 

The investigators found that each 10-nanograms-per-milliliter increase in vitamin D levels was associated with a 15 percent lower risk of new lesions and a 32 percent lower risk of spots of active disease, which require treatment with medication to reduce likelihood of permanent nerve damage. Higher vitamin D levels were also associated with lower subsequent disability. 

The impact of vitamin D levels remained even after other factors that can affect disease progress were accounted for, including smoking status, current MS treatment, age and gender. 

At least early in MS, the more new lesions and active spots of disease, the more likely a patient is to develop longer-term disability, Mowry says. Some people with relapsing-remitting MS progress to a more serious form due to damage of the underlying nerve cells. 

From one year to the next, Mowry says, she and her colleagues were able to predict the appearance of new lesions and active disease spots based on vitamin D levels from the year before. Active and new lesions indicate that a patient's MS is not under optimal control. 

Cautionary note 

Previous studies have indicated that lower vitamin D levels are associated with increased relapse risk in certain MS patients. Those studies relied on patients to report their attacks, which is sometimes a less reliable assessment than MRI. 

Some patients already take extra vitamin D because of publicity about earlier studies. However, Mowry says that there is no research proving vitamin D alleviates symptoms or suggesting what dose is best or safest. And nothing is known about whether vitamin D can prevent the autoimmune disorder, she says. 

"People think vitamin D is available over the counter so it must be safe," Mowry says. "But vitamin D is a hormone, and any medication really does need to be thoroughly tested before we definitely recommend it. That's the main reason why we are now performing a randomized trial of vitamin D supplementation. People with MS should talk with their doctors about the pros and cons of taking vitamin D before starting the supplement."