Current Events in October 2012

Dole Fresh Vegetables is recalling a limited number of cases of Dole American Blend salad in 12 oz. bags, coded A275208A or B, with Use-by date of October 17 and UPC 7143000933, due to a possible health risk from Listeria monocytogenes.

No illnesses have been reported in association with the recall.

The product code and Use-by date are in the upper right-hand corner of the package; the UPC code is on the back of the package, below the barcode.

The salads were distributed in 10 states: Illinois, Indiana, Maine, Missouri, New Jersey, New York, Ohio, Pennsylvania, Tennessee and Wisconsin.

No other salads are included in the recall. Only the specific Product Codes, UPC codes and October 17, 2012 Use-by date identified above are included. Consumers who have any remaining product with these Product Codes should not consume it, but rather discard it.

Retailers and consumers with questions may call the Dole Food Company Consumer Response Center at (800) 356-3111, which is open 8:00 am to 3:00 pm (PT) Monday - Friday.  

Just as quickly as gasoline prices rose in an uncharacteristic fall surge, they appear to be coming down.

The national average price of self-serve regular today is $3.715 per gallon, compared with $3.810 last Friday, according to AAA's Fuel Gauge Survey. That's 14 cents lower than a month ago but almost 24 cents higher than the price a year ago.

The average price of diesel fuel today is $4.131 per gallon, versus $4.127 a week ago.

Seasonal factors

Gas prices are falling as stations begin switching over to the cheaper winter-grade gasoline. At the same time, crude oil prices have been in decline in the last week amid concerns the global economy is slowing.

The Energy Information Administration reported this week that U.S. crude oil inventories rose 2.9 million barrels to 369.2 million barrels in the last week. At the same time, U.S. gasoline stockpiles rose by 1.7 million barrels to 197.1 million barrels.

Prices dropped sharply in California but it remains the most expensive state in the U.S. for fuel. The biggest drop came in the key presidential election battleground state of Ohio, where the average price plunged from $3.694 last Friday to $3.498 today, a 24 cent drop.

Prices were also down sharply in Missouri, which became the state with the cheapest gas in the nation. It's average fell 14 cents. The price fell 13 cents in Oklahoma 22 cents in Indiana.

The states with the most expensive gas prices this week are:

• California ($4.514)
• Hawaii ($4.441)
• Alaska ($4.263)
• New York ($4.058)
• Connecticut ($4.052)
• Washington ($4.049)
• Oregon ($4.027)
• Rhode Island ($3.911)
• Nevada ($3.935)
• Vermont ($3.906)

The states with the lowest gas prices this week are:

• Missouri ($3.414)
• Ohio ($3.452)
• South Carolina ($3.454)
• Oklahoma ($3.471)
• Texas ($3.492)
• Mississippi ($3.496)
• Tennessee ($3.485)
• Alabama ($3.519)
• Arkansas ($3.529)
• Indiana ($3.533)

Sometimes cigarette smokers get a bad rap.

I’m not a smoker, but I do feel for them at times, because their chosen decision to smoke has been almost criminalized.

When smokers were forced to leave bars and restaurants, many believed it was a great idea, and although there were obviously some critics of the new smoking laws, there surprisingly wasn’t too much push-back from either smokers or non-smokers.

In the Southern California enclave of Burbank, my collegue Truman Lewis reports that smoking is now strictly forbidden in all areas of the apartment complex he occupies, including balconies.  This is the result of the Secondhand Smoke Control Ordinance adopted way back on April 3, 2007. The ordinance prohibits smoking in specific locations throughout the city, including multi-family residences.

Truman says this hasn't stopped him from enjoying an evening cigar on his balcony.

"The balcony overlooks the 134 (freeway). Does a single cigar really cause more pollution than ten lanes of traffic?" Lewis wonders. 

Farther north, a new law in San Rafael provides that smoking will not be allowed in multi-family homes, duplexes or condominiums -- and some may ask, if smokers can’t smoke in their own homes or in restaurants, where should they go to smoke? (The answer, of course, is that they must buy a single-family home on a big lot and keep the windows closed).

“We are happy to blaze a trail, said the mayor of San Rafael, Gary Phillips. “We’re most happy to be in the forefront of the issue because we think it will greatly benefit our residents and those visiting San Rafael, and we think it will set the tone for other cities as well.”

Smoking will also be forbidden in the downtown streets and sidewalks of San Rafael.

Smoke slithers

The primary reason for the new law is that second-hand smoke easily travels through vents, air ducts and hallways of apartment buildings and condominiums, thus potentially affecting other families and households in the  complex.

It's not just cities. States are considering putting these kinds of laws into place in an effort to make smoking so inconvenient for smokers that they’ll eventually quit.  

But does that work? Does imposing strict laws on people really get them to give up a particular lifestyle, even if that lifestyle is bad for them health-wise?  Anyone who has seen a person addicted to drugs could probably answer that question pretty easily.

Critics say the smoking ban robs folks of the option of being themselves in the privacy of their own home, and is a form of punishment for people who choose to go against the health warnings attached to smoking.

“This proposed smoking ban actually intends to punish people for what they do in their own homes,” said a critic of the ban, Thomas Ruppenthal, to the San Rafael city council. “I really feel this is tyranny.”

However, proponents of the new law say it will definitely discourage smoking across the California city, and the statistics prove it.

“The San Rafael ban is a very significant event because it will spread," said Stanford University professor Robert Proctor in an interview. “We’re on the downslope of a big curve. Smoking peaked in 1981 with 630 billion cigarettes sold in the United States. Now it’s down to 350 billion. And that number will keep on going down until smoking is a distant memory.”

Enforcement questions

However the question is, how will officials really keep people from smoking in their homes? Will the new law create a bunch of 911 calls or complaints to the police, because a non-smoker smells smoke in their apartment? Some would say those non-smokers would have good reason to make sure the law is enforced.

Up in the wine country, a Healdsburg, Calif., resident told us he resigned from his condominium association board because he was tired of dealing with complaints about second-hand smoke.

"People keep their noses pressed to the vents, hoping to gather evidence on their neighbors. Who has time for that?" he asked. "I could be over at the tasting room instead."

According to the Centers for Disease Control and Prevention (CDC), second-hand smoke contains about 250 known toxins and 50 chemicals that can cause cancer, heart disease and other illnesses.

In addition, more than 126 million non-smokers inhale secondhand smoke from places like their jobs, vehicles and you guessed it, in their homes.

No escape

But the question remains, where will smokers go where they’re not affecting others with their cigarettes, pipes, or cigars?  They won't be able to go outside much longer. Cities are beginning to ban smoking in all public areas, including the outdoors -- and not just in health-obsessed California.

The Metro subway system in the Washington, D.C., area strictly forbids smoking on its outside sidewalks, escalators and so forth. Tickets are issued with some frequency. (And don't you dare try eating a banana or snack bar either). 

New York City imposed an outdoor citywide smoking ban earlier this year. The law, which Mayor Michael Bloomberg signed in February, makes smoking illegal in New York City's 1,700 parks and on the city's 14 miles of public beaches. Smoking is also be prohibited in pedestrian plazas like Times Square and within a certain number of feet of building exits.

Think you can retreat to the wilderness? Not likely. Smoking and open fires are verboten in many areas of national parks, forests and so forth. Smoking might still be OK on glaciers but they, as we know, are melting. 

Some airports now have smoking rooms -- usually resembling holding cells. Guess that might become the last resort. But would you have to buy an airline ticket just to get into the airport to have a smoke?

Many consumers who rise before dawn on Black Friday and stand in the cold waiting for a store to open often complain that it wasn't worth it – they didn't get the item they wanted or it cost more than they thought.

Their experience is not all that uncommon, it turns out. According to a new study by ShopAdvisor, a shopping service, Black Friday was among the worst sales days of the 2011 shopping season.

Higher prices on Black Friday

The study tracked the prices of 252 toys from the first day of autumn and found that in the 54 days from Nov. 1 through Dec. 24, the day with the lowest percentage -- 46 percent -- of products on sale below their initial holiday season price was Black Friday, Nov. 25. The day with the highest percentage -- 59 percent -- of products on sale was Sunday, Nov. 13. After Thanksgiving, Thursday, Dec. 1 was the day with the next largest percentage of products on sale.

As a matter of fact, Black Friday turned out to be the day on which shoppers begin to see prices spike on select items. On Black Friday itself, 24 percent of the toys on ShopAdvisor's list were priced above their initial holiday season price.

Waiting too late is costly, too

After Black Friday, the day with the most toys selling at a premium price was Dec. 23, two days before Christmas.

"Our experience tracking more than a hundred million products shows that although Black Friday may be a good day for shopping, there are 'blacker' days to be found during the holiday shopping season," said Scott Cooper, CEO of ShopAdvisor.

ShopAdvisor drew up its list of toys by monitoring the choices of its more than 6.5 million users who add products to their ShopAdvisor Watchlist and receive email and mobile notifications when prices drop or out-of-stock products become available. The company says prices will fluctuate during the season, probably more than most consumers realize.

The most vigilant shoppers will watch for sudden price drops and avoid price spikes that often last only a day or two before plunging back down to their original price or lower.

Volatile prices

For example, National Products' 6 Volt Pink Hummer H2 started the holiday season selling for $186. For two days it dropped as low as $132. On Thanksgiving Day it spiked to $227, fell to $190 on Black Friday, and then spiked back to $227 eight more times before Christmas day.

In between those spikes, a savvy shopper could find it for $160 on six different days.

Hasbro's popular Sesame Street Let's Rock Elmo was a bargain for almost the entire season, selling below its initial holiday season price of $59 on 60 of the next 65 days. The only question for shoppers was how long to hold out. Those who waited until Sunday, Dec, 18 got a 49 percent discount, paying only $29.

Best day?

If you hit the snooze bar on Black Friday, then when should you shop for the best deals? It will probably vary store to store, but ShopAdvisor says steep discounts of 30 percent or more began to show up the Sunday before Thanksgiving.

For example, the $117 LEGO Ninjago Fire Temple dropped 38 percent to $72 for three days from Nov. 18-20.

The more risk you're willing to take on, the longer you should wait to shop. If shoppers are willing to wait, or procrastinate, they can count on steep discounts in the two weeks before Christmas. Last year, every day, starting Dec. 11, at least one in ten toys were available for 30 percent or more under their original prices.

And here's another piece of holiday shopping advice: avoid day-after-Christmas shopping; wait until Dec. 29. If the toy you are giving does not have to be under the tree on Christmas day, it pays to wait until Dec. 29 when 17 percent of all the toys in the ShopAdvisor Watchlist were available for 30 percent less than their pre-Black Friday prices.

There was a time when it looked like for-profit education had nowhere to go but up. But things change and after a period of explosive growth, the University of Phoenix says its profits are off sharply and it's closing 115 of its smaller locations.

That leaves about 13,000 students looking for someplace to finish their course work. The school said they can transfer to online courses or move to a different locations. The locations being closed are scattered around the country in 30 states.

Students are being notified today, the school said.

UOP has about 328,000 students, down from its peak of about 400,000. After the closures announced today, it will have 112 locations in 36 states, the District of Columbia and Puerto Rico.

University of Phoenix President Bill Pepicello blamed the falling enrollment on economic uncertainty. 

"People are simply holding off investing money in education at a time when the costs are escalating and the outcomes are uncertain," he said said.

Maybe so but while it's true that enrollment is falling at for-profit schools, traditional public and private universities are struggling to keep up with surging student loads.

Heavy backlash

For-profit schools have been feeling a heavy backlash lately, as students complain about the quality of the courses and critics lash the industry for siphoning off billions of dollars in taxpayer funds.

“My experience at this school has been a nightmare,” Shannon, of Chicago, wrote in a ConsumerAffairs post about University of Phoenix. “I feel lied to and used. I specifically chose this school as I was told most of my previous human service credits would be transferred, which they have not. I could accept retaking some classes if I felt I was learning anything useful. Instead, I have had professors who barely understand the material. My biggest complaint however is their heavy reliance on group work, a practice which greatly benefits them by increasing their graduation rate.”

A report issued in July by the Senate Committee on Health, Education, Labor, and Pensions showed $32 billion in the most recent year went to companies that operate for-profit colleges. Yet, more than half of the students who enrolled in those colleges in 2008-9 left without a degree or diploma within a median of four months.

In its report, the committee suggests the corporate structure of the for-profit institutions creates pressure to produce ever-larger returns for shareholders. While small independent for-profit colleges have a long history, by 2009 the committee found at least 76 percent of students attending for-profit colleges were enrolled in a college owned by either a company traded on a major stock exchange or a college owned by a private equity firm. The financial performance of these companies is closely tracked by analysts and by investors.

“Congress has failed to counterbalance investor demands for increased financial returns with requirements that hold companies accountable to taxpayers for providing quality education, support, and outcomes,” the committee found. “Federal law and regulations currently do not align the incentives of for-profit colleges so that the colleges succeed financially when students succeed.”

Caution, we're about to enter “the holidays.” If you are in a relationship that has about run its course, seriously, now is the time to pull the plug. If you wait, it can be uncomfortable for both of you.

The period between Halloween and New Years Day can be a happy, fun time if you are in a relationship. There are parties, dinners and gatherings with family and friends in which it's nice to be part of a couple. It's great, if everyone is happy.

But what if one of the people in the relationship is ready to call it quits but just hasn't gotten around to telling the other person. Once you pass Halloween and are in the holiday zone, it's really hard to find a good time to do it until you come out on the other side.

There are worse things

But maybe a holiday break-up, as bad as that can be, isn't really the worst that can happen. The dating site Match.com addresses that question and comes down on the side of going with your feelings.

“The key is to remember that you’re doing the right thing,” Match.com says. “If you don’t want to date someone, stringing him or her along is just plain unfair. Even stringing the person along under the guise of not ruining the holidays is unfair.”

Unless you are an Oscar-winning actor, your significant other is going to know something is not right. Maybe you can pull it off for a week or two but not two and a half months, with the stress of the holidays thrown in.

Do you handle a holiday break-up differently from an ordinary break-up? Most relationship experts say you don't. Just do it with respect, the way you would any other time of year.

Warning signs

But what if you aren't the one who wants to break up? What are the signs that a break-up is looming? They may be different for men and women – then again, some of the indicators may be the same.

The advice site Ask Men has identified these tip-offs:

• Lack of contact: what were repeated texts or calls during the day disappear
• The future is past: she no longer wants to make plans, even about where to go next weekend
• You find yourself watching TV together every night
• Short fuse: Nothing you do pleases her. It's almost like she's looking for a fight.
• Secrets: Suddenly, she's not telling you everything
• No passion: The bedroom is the coldest room in the house

And how can women tell if their relationship is headed for the rocks. BettyConfidential.com offers these hints:

• All of a sudden he's busy and the reasons are real complicated
• Suddenly celibate: He's just not that interested any more
• Big changes on his Facebook page: If his photo goes from funny to flattering, watch out
• Change: When he starts talking about changing his life, you might not be part of the change
• I'll be needing that: He starts removing stuff that he's left at your place forever

If you suspect you're about to be dumped, relationship experts say its best to not ignore the signs but ask if everything is okay in the relationship. It's probably not and the break-up will hurt, but it might be less painful if you take the initiative.

And it's certainly better than getting dumped on New Year's Day.  

Google released a couple of things today. Neither one went over very well. In one instance, it revealed that its quarterly profit plunged 20%, causing its stock price to mimic Felix Baumgartner's free fall from space last weekend and sparking incidents of  hyperventilation throughout the financial services world. 

Less dramatic -- in fact, almost unnoticed -- was its introduction of what Google, with the modesty for which it is becoming known, termed "the best computer that's ever been designed" for a price of $249.

The little laptop in question is similar to all the other ultrabooks out there -- the MacBook Air, Asus Zenbook, et. al. It has an 11.6-inch screen and comes in a spiffy-looking little shiny metal case.

It's being called the Samsung Chromebook and is a browser-based notebook that runs on the Chrome OS, which is basically Linux, except no one wants to call it that (too proud, apparently).

Here are some key specs:

• Less than 0.8 inches / 2.5 pounds
• 6.5 hours of battery (Varies based on usage)
• Boots up in less than 10 seconds
• 100 GB of Google Drive free for 2 years

Room under the hood

So what's missing, you ask? Well, folks, there's no hard drive to speak of. There's just a little solid-state drive that holds the minimal operating system, which is why you need Google Drive or something similar. The browser is the operating system and all the applications and data files are stored in the cloud, either Google's or someone else's. 

It's kind of like an electric car. The car is great if you can find a place to plug it in. The Chromebook is fine as long as you have Wi-Fi wherever you go. Otherwise it's just another pretty case.

This is not as daunting as it sounds, though. Assuming you have a smartphone, you undoubtedly have an option that allows you to turn your phone into a Wi-Fi hotspot. Problem solved, but keep your credit card handy. You could also try the much cheaper FreedomPop, which we wrote about a week or two ago. It is currently undergoing testing in Truman Lewis' Burbank habitat and getting glowing reports. 

There is one other thing missing -- an Intel or AMD processor. This Chromebook uses anARM Cortex-A15 processor built by Samsung, something you'd normally find in a smartphone or tablet.

So instead of thinking of the Samsung Chromebook as a scaled-down computer, maybe you'd prefer to look at it as a beefed-up smartphone? Take your choice, it doesn't really make much difference.

Google is hedging its bets slightly. It's not promoting this as the be-all and end-all computer. You probably would not use it to design spaceships or map DNA. But for email, wasting time on Facebook or doing simple word-processing on the go, it should be fine.

Light weight, fast boot-up, long battery life. What's not to like?

Newsweek grew up as a child of privilege, doted on by the Washington Post Co., which treated it as a brilliant and talented but ne'er-do-well offspring. But then, the Post fell on hard times as readers and advertisers fled to the Internet to chat about their Pilates lessons.

As the Post began trying to adjust to its new circumstances, Newsweek was in danger of winding up on the street. But then, along came Sidney Harman, an elderly Washington billionaire who paid $1 -- less than the cover price of a single copy -- and welcomed the shivering newsmagazine, by now nearing 80, into his family.

Harman teamed up with Barry Diller's IAC/Interactive Corp., publisher of The Daily Beast, an online-only site edited by Tina Brown. But just as Newsweek was getting comfortable in its new surroundings, Harman died. 

Harman's widow, Jane, left her seat in Congress and took a job at a think tank, while Uncle Barry and Aunt Tina contemplated the wastrel they had taken in. The Harman family continued sending money, for a little while, but then said enough was enough, it was time for Newsweek to grow up.

A good read

Diller hinted recently that all was not well. Oh, Newsweek was a good read, he said, but the printing and mailing costs were eating him alive. And so it came as no shock when Aunt Tina announced that the Dec. 31 issue of Newsweek will be the last print edition.

What hurt, though, was that she made the announcement on The Daily Beast, under a headline reading "A Turn of the Page for Newsweek." How would you like to read about your own demise somewhere else? 

Trying -- though not too hard -- to put a good face on their eviction of the foundling they had taken in, Brown and Diller assured everyone that Newsweek will continue to dwell up in the clouds and will even get a new, longer name -- Newsweek Global. 

It will be, Brown assures us, "a single, worldwide edition targeted for a highly mobile, opinion-leading audience who want to learn about world events in a sophisticated context." 

Well, Newsweek had a good run. Founded in 1933, it competed fiercely with Time Magazine, summarizing the week's news for millions of readers, each title putting its own spin on the news. Time was conservative, Newsweek liberal.  

Somewhere in the dull middle was U.S. News & World Report, which gave up a few years ago and went online-only, where it now spends most of its time reviewing colleges.

It came in the mail!

Believe it or not, folks used to keep an eager, eagle eye on their mailbox -- their real mailbox, not their Gmail -- awaiting the latest edition. It was regarded as a minor miracle to put out an entire magazine that was reasonably up to date, get it into print and push it through the clogged-up Post Office in time for the weekend.

It's still kind of miraculous if you think about it. A lot of technology goes into publishing newspapers and magazines and it is a much harder and more difficult task than slipping some electrons through the router and off into the Internet's slipstream.

Perhaps fittingly, last week's edition of Newsweek featured "Heaven is Real: A Doctor's Experience With the Afterlife," about a doctor who, well, he goes to heaven and comes back, see? 

You think maybe Newsweek had an intimation that the end was near? 

We're more than halfway through October and the month -- at times -- has been a sea of pink mixed in with fall colors. That's because it's Breast Cancer Awareness Month and everyone from NFL players to retail stores are wrapping themselves in the pink awareness ribbons.

In recent years some companies have been accused of cashing in on the cause, suggesting that a purchase of one product or another would support the cause of breast cancer research. In some cases it was shown little or no money went to a charitable cause.

New York Attorney General Eric Schneiderman has issued a set of “best practices” to promote transparency in charitable “cause marketing” campaigns, which he says is a growing billion-dollar-a-year industry in which companies advertise that the sale or use of a product will result in a charitable contribution.

What does showing a pink ribbon mean?

The standards follow a year-long review of “pink ribbon” and similar campaigns of nearly 150 companies. While these campaigns have resulted in substantial donations, the Attorney General's review found that consumers often do not have sufficient information to understand how their purchases will benefit charity.

“National Breast Cancer Awareness Month continues to increase our understanding of breast cancer and raise funds for the charities fighting it. Consumers who intend to support this worthy cause deserve to know that their purchases do the good promised by the pink ribbon campaigns,” Schneiderman said. “These best practices, agreed to by the nation’s largest breast cancer charities, will help ensure that cause marketing campaigns provide the benefit that’s expected, and that consumers, charities, and above all, the women and families affected by this devastating disease are protected.”

Key information

The best practices require companies clearly and prominently disclose key information about each campaign, including the specific amount that will be donated to charity from each purchase. Companies using ribbons and similar symbols on products must make clear to consumers if a purchase will trigger a donation, or if the symbols are used merely for awareness of a cause.

The best practices are also designed to ensure more transparency in social media campaigns, in which companies promise donations if consumers agree to “like” or “follow” them or their products. Schneiderman said the nation's two largest breast cancer charities, Susan G. Komen For The Cure and Breast Cancer Research Foundation, are showing their commitment to transparency by adopting the best practices.

“Our office commends Susan G. Komen For The Cure and Breast Cancer Research Foundation for signing onto these best practices, and leading the industry to greater transparency and accountability,” Schneiderman said. “These guidelines will bolster public confidence in cause marketing and hopefully will result in more money going to fighting this horrible disease.”

The five-point best practices are:

• Clearly Describe the Promotion
• Allow Consumers to Easily Determine Donation Amount
• Be Transparent About What Is Not Apparent
• Ensure Transparency in Social Media
• Tell the Public How Much Was Raised

Trend Lab of Burnsville, MN, is recalling about 16,850 children's upholstered toddler chairs because staples in the binding on the back of the chair may come loose, posing a laceration or choking hazard if swallowed.

The recalled children's upholstered toddler chairs in Club style and Mod style are 24" wide by 18" tall by 17" deep.

The Club style chairs come in three fabrics and colors:

1. suede in brown, pink, avocado green, red and turquoise blue;
2. velour in blue, green, pink and red; and
3. print fabric in chocolate dot on pink or blue.

The Mod style chairs come in dark pink or zebra printed velour in chocolate on blue or pink; or on printed fabric of chocolate stripes on pink or blue.

The Trend Lab name is on a label attached on the bottom of the chair with date codes TL1007C through TL0812C, which are read as TL two-digit month and two-digit year followed by C. These date codes include 10/07 thru 08/12 or October 2007 thru August 2012 production. All chairs were sold with matching ottomans, which are not part of the recall.

The chairs, manufactured in China, were sold online at trend-lab.com, Amazon.com, BabiesRUs.com, Target.com, Walmart.com and Seussland.com, as well as in Buy Buy Baby and other specialty stores from November 2007 to August 2012,for about $100 to $140.

New chairs with "Remedy 2012" stamped in ink on the bottom side of the chair are NOT subject to this recall.

Consumers should immediately take the chair away from children and inspect the binding. Contact the firm for a repair kit with instructions.

Consumers may contact Trend Lab toll-free at (866) 814-7978 between 8:00 a.m. and 4:30 p.m. CT Monday through Friday, or email Recall@trend-lab.com,

Mortgage rates remain near record lows but two weekly surveys differ on whether they are moving higher or lower.

Freddie Mac's weekly Primary Mortgage Market Survey shows fixed rates mortgages (FRM) slightly lower than last week. The 30-year FRM average averaged 3.37 percent with an average 0.7 point for the week ending October 18, 2012. That's lower than last week when it averaged 3.39 percent. Last year at this time, the 30-year FRM averaged 4.11 percent.

The 15-year FRM this week averaged 2.66 percent with an average 0.6 point -- down from last week when it averaged 2.70 percent. A year ago at this time, the 15-year FRM averaged 3.38 percent.

Meanwhile, the five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 2.75 percent this week with an average 0.6 point, up from last week when it averaged 2.73 percent. A year ago, the 5-year ARM averaged 3.01 percent.

"Mortgage rates remained more or less unchanged this week as home construction builds up steam,” said Frank Nothaft, Freddie Mac's chief economist. “Construction on single-family homes jumped to an annualized rate of 11 percent in August, the strongest pace since August 2008. Over the first nine months of the year, single-family starts were 23 percent higher than the same period last year.”

Bankrate survey

The weekly Bankrate.com national survey shows a slightly different picture. The average 30-year FRM rose to 3.62 percent with an average of 0.41 discount and origination points.

The average 15-year FRM inched up to 2.91 percent and the larger jumbo 30-year mortgage dipped slightly to 4.18 percent. Adjustable mortgage also rose this week with the five-year ARM jumping to 2.72 percent and the 7-year ARM to climbing to 2.85 percent.

The lower interest rates make buying a home more affordable but rates might not go much lower. JP Morgan Chase CEO Jamie Dimon said last week that consumers should not expect mortgage rates to keep going down, even though the Federal Reserve is aggressively buying mortgage-backed securities.

The Fed's effort is aimed at making banks more profitable and encouraging more mortgage lending. So far lending is up, but since most of it is homeowners refinancing current mortgages at lower rates, some banks are losing money on mortgages.

Biltwell is recalling about 3,480 El Fuerte model motorcycle helmets, sizes XS, S, M, L, XL, XXL.

The helmets, manufactured in July 2012, fail to conform to the impact attenuation, retention and labeling requirements of Federal Motor Vehicle Safety Standard No. 218, "Motorcycle Helmets."

By wearing one of these helmets, the user may not be adequately protected in the event of a crash, increasing the risk of personal injury.

Biltwell will notify owners and repurchase the helmets including return shipping costs. The safety recall is expected to begin on, or about, October 20.

Owners may contact Biltwell at 1-951-699-1500 ext 803 or send an email to Recall@Biltwell.com.

American Airlines has been in the news quite a bit recently, with stories ranging from the possibility of a merger with US Airways to problems with loose seats to plans by passenger service agents to unionize.

Now, the carrier has announced plans to bring more than 1,500 new flight attendants onboard over the next year.

November recruitment

American will begin the process of recruitment and hiring in November, with the first new-hire class beginning training in January 2013. American says what it calls “the overwhelming response by current flight attendants to the company's recent voluntary separation options, combined with an aggressive training schedule during the transition to the newly established flight attendant contract,” led to the ability to welcome hire new flight attendants.

"For the first time in over a decade, American is seeking to add more than 1,500 new flight attendants who we believe will bring new perspectives to the airline," said Lauri Curtis, American's vice president – Flight Service. "We look forward to welcoming new faces and working together to bring a fresh energy to our team, while at the same time giving current flight attendants the opportunity to move up the seniority list and reducing the number of current flight attendants who have to serve on reserve."

The airline will post the job openings in November, at which time eligible candidates can visit go here aacareers.com and submit their resume's.

American intends to start the selection process for new-hire flight attendant candidates in early December, with the first training course starting in late January.

Aqua-Leisure Industries has agreed to pay a civil penalty of $650,000 for failing to report a defect involving its inflatable baby boats to the U.S. Consumer Product Safety Commission (CPSC) immediately, as required by federal law.

The leg strap in the seat of baby boats -- manufactured from August 2002 to July 2008 -- can tear, causing children to fall unexpectedly into or under the water, posing a risk of drowning.

In 2001, the Avon, MA, firm and CPSC conducted a recall of 90,000 "Sun Smart" inflatable baby boats after receiving 12 reports of the seats tearing and causing children to fall into the water. Four children became completely submerged before a caregiver was able to reach them. No injuries were reported.

Continuing complaints

After the 2001 recall, Aqua-Leisure continued to produce different versions of the inflatable baby boats, which also became the subject of consumer complaints. Between July 2003 and July 2006, Aqua-Leisure became aware of 17 incidents involving inflatable baby boats sold after the 2001 recall in which the seats "fell out," "ripped," "failed," "tore," "split" or "separated," including four incidents in which a baby boat seat ripped, causing children to fall into the water unexpectedly.

By October 31, 2008, Aqua-Leisure was aware of at least 24 consumer complaints regarding several models of inflatable baby boats since the 2001 recall but did not adequately inform the CPSC until May 2009.

Aqua-Leisure and CPSC announced a recall  of 4 million inflatable baby boats on July 2, 2009. The baby boats were sold nationwide from December 2002 through June 2009 for between $8 and $15. By the date of the recall, there were 31 reports of the boat seats tearing, causing children to fall into or under the water. No injuries were reported.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

Allegations denied

In agreeing to the settlement, Aqua-Leisure denies CPSC staff allegations that its inflatable baby boats could create an unreasonable risk of serious injury or death, or contained a defect that could create a substantial product hazard, or that Aqua-Leisure violated the reporting requirements of the Consumer Product Safety Act.

Pursuant to the Consumer Product Safety Act, CPSC must consider the appropriateness of the penalty to the size of the business of the person charged, including how to address undue adverse economic impacts on small businesses. Aqua-Leisure is a small business as set forth in the Small Business Administration guidelines regarding size of business.

If you are the parent of a teen who is driving, you've no doubt spent some sleepless hours waiting for the car to pull into the driveway. But there's a lot you can do to increase the odds that your son or daughter makes it home safely.

As part of National Teen Driver Safety Week, the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) are urging parents and caregivers to set and enforce safe driving ground rules for their teens.

Parental involvement is a key component in the development of safe young drivers, and while the number of motor vehicle crashes has declined significantly in recent years, safe driving habits remain essential since crashes remain the leading cause of teen deaths in America.

Setting an example

"As a father of four, I know it may seem that children -- and teenagers in particular -- aren't always listening to what we say, but they are watching what we do," said Transportation Secretary Ray LaHood. "By highlighting the dangers associated with driving and reinforcing responsible driving habits and decision making, parents can help mold their teens into safe drivers."

NHTSA data show that 1,963 young drivers between the ages of 15 to 20 died and an additional 187,000 young drivers were injured in motor vehicle crashes in 2010. One out of ten drivers involved in a fatal crash was between the ages of 15 and 20.

"Immaturity, inexperience and a penchant for risk-taking are the major reasons for high crash and fatality rates among teen drivers," said NHTSA Administrator David Strickland. "In addition to comprehensive state graduated driver licensing systems and strong bans on teen cell phone use and texting while driving, parents who are involved throughout the learning-to-drive process are vital in creating safe and prepared young drivers."

Advice to parents

NHTSA offers the following advice to parents and caregivers of teen drivers:

• Learn and follow your state graduated driver licensing (GDL) laws: GDL systems have been shown to reduce teen crashes. All states have three-stage GDL programs (learner's permit, intermediate or provisional license, full licensure). During the process, restrictions are put in place so young drivers can gain critical driving experience in lower-risk situations and a gradual introduction to more complex tasks through controlled exposure to high-risk situations.
• Create and sign a parent-teen driving contract: A parent-teen driving contract sets ground rules and creates and explains the consequences of breaking those rules. This ensures teen accountability, ownership of expectations, and an understanding that driving is a privilege that can be revoked.
• Prohibit the use of electronic devices while driving: Driving while talking on the phone or while texting is risky for all drivers -- but especially for teens. In 2010, 368 teen drivers ages 15 to 19 involved in fatal crashes were distracted, accounting for 13 percent of all fatal distraction affected crashes. Use of electronic devices while driving is also forbidden by law in many states for all drivers. Parents and caregivers should forbid the use of portable electronic devices while driving and also model safe behavior by turning off their cell phones while behind the wheel. Encourage your teen to speak up when someone is using an electronic device while driving. A recent NHTSA survey found that young people were less likely than other age groups to say something to a driver who made them feel unsafe.
• Limit teen passengers and night driving: A NHTSA analysis found teen drivers were two-and-a-half times more likely to engage in one or more potentially risky behaviors when driving with one teenage peer compared to when driving alone. That risk increased with multiple passengers. In 2010, 1,326 passengers in young drivers' vehicles were killed in crashes involving young drivers. Most nighttime fatal crashes of young drivers occur between 9 p.m. and midnight. NHTSA recommends a maximum of one passenger in the car with your teen at all times (no passengers if required by your state GDL law) and nighttime driving restrictions starting no later than 10 p.m.
• Encourage your teen to always buckle up: Wearing a seat belt is the most effective protection for drivers and passengers in the event of a crash. In 2010, three out of five 16- to 20-year-old occupants killed in passenger vehicles were not wearing seatbelts.
• Talk to your teen about alcohol: All states and the District of Columbia have 21-year-old minimum-drinking-age laws. In 2010, 22 percent of the young drivers involved in fatal crashes were drinking. Talk to your teen about the risks of both drinking and driving, and of riding with an impaired driver.
• Establish regular supervised driving and feedback sessions: Most parents and caregivers are unaware of the number of hours of supervised driving teens must complete as part of the intermediate phase of their state's GDL program. Parents should refer to the minimum supervised driving requirements required by their state, but are also encouraged to continue to drive with their teen in a variety of driving situations and environments, such as at night, in inclement weather, and in high traffic situations even beyond what's required. More practice will only make them better drivers. Set aside a regular time to discuss your teen's progress, experiences, concerns and achievements.

Apple's new mobile operating system, iOS 6, has lots of new features that owners of the new iPhone 5 really like. But there's one Apple didn't mention when it introduced the phone last month.

Back in 2011 privacy advocates were unhappy when they learned that Apple and many apps makers were collecting information about users' mobile surfing habits and sharing it with advertisers. Now, apparently, the practice has returned in iOS 6.

The new tracking system is fairly simple. It employs a unique identifier for your device called an IDFA. It's less invasive than the previous version because the IDFA only links a particular device with certain online activity.

Recent data breach

The previous system, which employed an ID number called a UDID, is still causing some concern. Just last month ConsumerAffairs reported that hackers stole the UDIDs of 12 million consumers. The hackers said the files contained user names, name of device, type of device, Apple Push Notification service tokens, zip codes, cellphone numbers, addresses, etc.

Another important difference between the UDID and IDFA is the IDFA can be turned off. If you want it off, however, you'll have to do it yourself because it was turned on, by default, when the operating system was loaded on your device.

Our friends at Sophos Security software provide this simple guide to turning off the tracking system:

• Click on Settings.
• Click on General to access the General Settings.
• Click About
• Scroll down and click on Advertising.
• Set Limit Ad Tracking to "ON"

Personally, I’ve never gotten a flu shot and never gotten the flu, but it’s easy to see why so many people get them, since there has been a lot of documentation about their effectiveness.

According to the Centers for Disease Control and Prevention (CDC), people over six months of age should receive their flu vaccinations each year, and annually the government health agency as well as other entities put out strong publicity campaigns that encourage people to get their shots.

But not everyone believes the flu shot is the all-protecting serum that it’s advertised as, and although many health experts agree that getting a flu shot is better than not getting one, a lot of experts say people may be putting too much faith in a vaccine that might not be all that preventive.

Researchers at the University of Minnesota recently said although the flu shot is helpful, there are many improvements the vaccine needs to undergo in order to match its public perception of being completely protective against the flu.

“The current influenza vaccine protection is substantially lower than for most routine recommend vaccines and is sub-optimal,” said Michael Osterholm, the Director of the Center for Infectious Disease Research and Policy (CIDRAP), a research center that’s within the University of Minnesota.

“The perception that current vaccines are already highly effective in preventing influenza is a major barrier to pursuing game-changing alternatives,” he said

The researchers took this particular stance after examining 12,000 pieces of documentation stemming all the way back from 1936. They also interviewed almost 100 experts on the flu vaccine.

Complacency in the system

Others who weren’t part of the University of Minnesota study said these new findings shouldn’t discourage people from getting flu shots; rather they should put pressure on government entities to improve the vaccine and better communicate the flu shots' true level of usefulness.

“What the authors are saying is that they’re fearful that there is complacency in the system and that people think that the efficacy of the vaccine is higher than it is,” said Mayo Clinics’ Dr. Gregory Poland in an interview. “Therefore they’re not motivated to invest, and this will be billions, to invest the billions we need to get the vaccines.”

Other health experts have also been critical of the way the flu shot has been advertised to the public as a completely preventive vaccine.

Tom Jefferson, who is an epidemiologist with Cochrane Collaboration, a non-profit organization that’s involved in medical research, says that after reviewing a number of studies on the flu shot, many of the findings incorrectly indicate that the vaccine protects people from the flu more than it really does, specifically among the elderly.

“We looked at studies on vaccines in the elderly and in health care workers who work with the elderly, and we found an implausible sequence of results,” said Jefferson in a published interview.

 “We have studies that claim up to 90 percent effectiveness against death from all causes. If you were to believe that evidence, you would believe that flu vaccine is effective against death not only from influenza, but also from heart attack, stroke, hypothermia, accidents and all other common causes of death among the elderly. That is quite clearly nonsense,” he said.

More studies needed

Jefferson also says more studies are needed to prove the effects of the flu vaccine and says it’s time for government officials to largely increase their efforts to provide new and updated research about the effectiveness of the flu shot -- because until then, the general public will never be properly informed about how truly preventive flu vaccines are.

“The answer is a question mark,” Jefferson says. “We don’t know what protection, if any, vaccines offer. I don’t think that’s a bad thing. Uncertainty is the motor of science. We need large studies to find out. We’ve known for years that we needed proof one way or the other, and governments have not taken any notice of this. It’s an extraordinary situation.”

Although researchers at the University of Minnesota would most likely agree with Jefferson’s opinion about the government’s need to provide better transparency about flu vaccines, Osterholm says people should still get the shot since it’s still the best preventive measure we know  today.

“It’s clear that influenza vaccination offers substantially more protection for the population then being unvaccinated, that’s why I’ve got my flu shot this year,” he said.

Dr. Poland of the Mayo Clinic says that improvements on vaccines and all medicines is an ongoing effort, and bettering the public’s chance to avoid and beat certain illnesses will never be complete.

“Urging them [government officials] to do what all of us already feel and many of them, myself included have published, and that’s we need better vaccines, he said.

“We need better and better vaccines and soon as we have the next better vaccine, we’ll be calling for the next better one after that.”

It was just a few weeks ago that FDA inspectors found Salmonella bacteria in Nature’s Deli Chicken Jerky Dog Treats at Kasel Associated Industries of Denver during a routine sampling inspection. In September, the company recalled Boots & Barkley beef bully sticks. 

Now the Colorado Department Of Agriculture says a routine sampling finds that  Boots & Barkley pigs ears and variety treats made at the Kasel plant contained the Salmonella bacteria.

The company says it 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 the 12 count packages of Roasted Pig Ears and the 32oz Variety Pack Dog Treats.

The recalled products were sold at Target stores.

The recalled Roasted Pig Ears and Variety Pack Dog Treats were distributed nationwide through Target retail stores in August 2012. The Roasted Pig Ears product comes in a clear plastic bag containing 12 pig ears marked with UPC bar code 647263899158. The Variety Pack product also comes in a clear plastic bag weighing 32oz and marked with UPC bar code 490830400086. 

The company did not furnish any photos of the recalled products, as is customary in such cases. Located at 3315 Walnut Street in Denver, Kasel Industries maintains a low profile. 

The company's website says it started its business in 1986, "to serve the refrigeration and boiler needs of the local food processing industry." It does not mention pet food and describes itself as a manufacturer of industrial refrigeration and boiler systems as well as "new slicing equipment, primarily for the meat processing industry."

Long history

There's nothing new about this, of course. Pets have been dying of poisoned food and snacks for years and, in many cases, their owners have been infected as well. The pet food companies argue that there is no definitive diagnosis in many cases but angry pet owners say that even when they send a sample of the suspect food to the manufacturer, nothing is done.

The FDA, long lambasted by critics for being lax in policing pet and human food supplies, insists it is looking into the problem, although the agency recently took the unusual step of posting a commentary questioning the seriousness of the problem. 

Bernadette Dunham, D.V.M., Ph.D., director of the Center for Veterinary Medicine at the FDA echoed the pet food manufacturers as she wrote that it is often difficult to pin down the cause of a specific pet's malady. She urged consumers to report their pets' illnesses to the FDA but critics were not encouraged.

Earlier this year, the FDA insisted it has been "unable to determine a definitive cause of reported dog illnesses or a direct link to chicken jerky products" and said that "extensive chemical and microbial testing ... has not uncovered a contaminant or cause of illness from any chicken jerky treat."

The FDA does note that jerky and other snacks "should not be substituted for a balanced diet and are intended to be fed occasionally in small quantities."  

Sarah Alexander, the education and outreach director of Food & Water Watch, a Ralph Nader-founded consumer organization, says the FDA "has a poor track record of ensuring the safety of food from China for people and pets."

"Despite the flood of reports of dogs dying from imported dog treats going back as far as 2007, the FDA has done nothing to fix the problem," Alexander said in a recent email to the organization's supporters.

More about Pets & Pet Food

Spouses of the female variety were once regarded as chattels -- portable personal property. Like human appliances, they were useful for cooking, cleaning, bearing children and performing other domestic tasks as well as providing certain types of, shall we say, entertainment and companionship. 

They could not vote or own their own personal property and whatever credit they had access to was granted solely by their master.

Things have changed considerably but it is still difficult for spouses and domestic partners who don't have trust funds or jobs outside the home to qualify for credit cards in their own name. But that may change.

Today the Consumer Financial Protection Bureau (CFPB) proposed a new rule that would make it easier for non-working spouses and partners to qualify for credit cards by relying on their spouse's shared income. 

"Common-sense changes"

“When stay-at-home spouses or partners have the ability to make payments on a credit card, they should be able to obtain a card in their own name,” said CFPB Director Richard Cordray.  “Today the CFPB is proposing common-sense changes that would facilitate credit access for spouses or partners who do not work outside the home.” 

The Credit Card Accountability Responsibility and Disclosure Act (CARD Act) became law in 2009.  The CARD Act requires that card issuers evaluate a consumer’s ability to make the necessary payments before opening a new credit card account. Under current CARD Act regulations issued by the Federal Reserve, a card issuer generally may only consider the individual card applicant’s income or assets.  

Data made available to the CFPB suggest that some otherwise credit-worthy individuals have been declined for credit card accounts under the current regulation, even though they have the ability to make the required payments, the agency said.  Discussions with industry sources indicate that a significant number of these individuals may be stay-at-home spouses or partners with access to income from an employed spouse or partner.

The Bureau’s proposed revision would allow credit card applicants who are 21 or older to rely on third-party income to which they have a reasonable expectation of access.  Although the proposal applies to all applicants regardless of marital status, the Bureau expects that it will ease access to credit particularly for stay-at-home spouses or partners who have access to a working spouse or partner’s income.

According to the Census, over 16 million married people do not work outside the home.  That equates to approximately one out of every three married couples who now could have easier access to credit cards with the Bureau’s proposal.  Today’s proposed change would make it easier for consumers who are 21 or older to qualify for credit cards if they can afford the payments.