Current Events in November 2012

Air France is being fined $85,000 for violating the U.S. Department of Transportation’s (DOT) full-fare advertising rules. The carrier was also ordered to cease and desist from further violations.

“Consumers deserve fair treatment from airlines when it comes to price advertising, including up-front disclosure of taxes and fees they must pay in order to fly,” Transportation Secretary Ray LaHood said. “We want to make sure airlines treat their customers with the respect they deserve.”

DOT’s Aviation Enforcement Office found that Air France violated DOT’s price advertising rule that requires carriers to inform consumers of the total price, including all taxes and fees.

Frequent flier discrepancies

Although it promised to redeem loyalty program miles for tickets, Air France initially hid from frequent fliers the monetary amount that they were still required to pay which covered not only government taxes, but also substantial fees that Air France chose to label as "fuel surcharges" that were included under a heading described as “taxes.”

Those fees could amount to more than half the price of certain purchased coach tickets. This was unfair and misleading to consumers.

Opposition is building from retailers to a proposed settlement with banks and credit card companies over interchange fees. In two separate actions retailers this week filed objections with the court.

The case goes back to 2005 when a coalition of retailers sued Visa, MasterCard, Bank of America, Citibank, Bank One, Chase Manhattan Bank, J.P. Morgan Chase, Fleet Bank, Capital One and other banks, claiming they engaged in collusive practices by setting credit card interchange fees at "supracompetitive" levels.

A settlement earlier this year mandated a $6 billion payment to retailers and a change in rules that would allow retailers to provide a discount for customers who pay in cash -- something the banks had generally opposed.

Unpopular with retailers

But the settlement was unpopular with retailers from the start. The National Grocers Association (NGA), which represents independent grocery stores, has filed objections to the settlement with the U.S. District Court for the Eastern District of New York, saying the settlement locks in a system they were fighting to reform.

"The NGA Board of Directors from the outset made it crystal clear that NGA was not motivated by money damages, but reform of the collusive establishment of interchange fees and enforcement of anti-competitive rules by the credit card companies and banks that unfairly restrict merchants' freedom to operate," said Peter J. Larkin, NGA President and CEO.

An interchange fee is mostly invisible to consumers although it is reflected in the cost of goods and services. It's the fee that the merchant's bank pays to the customer's bank for processing the consumer's credit or debit card transaction. Merchants generally claim the fees are anti-competitive and don't see much change in the proposed settlement.

"We were and still are all committed to achieving reform of an anti-competitive interchange fee system and rules in order to provide competition, transparency and fairness in the swipe fee marketplace," said Larkin.

Simultaneous action

In a simultaneous action 10 named plaintiffs and another 1,200 small businesses also filed objections to the proposed settlement.

The named class plaintiffs opposing the proposed settlement of the case, which is known as "In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation," are Affiliated Foods Midwest, Coborn's, Inc., D'Agostino Supermarkets, Jetro Holdings LLC, National Association of Convenience Stores (NACS), NATSO, National Community Pharmacists Association (NCPA), National Cooperative Grocers Association (NCGA), National Grocers Association (NGA), and National Restaurant Association (NRA).

"The vocal opposition from such a substantial and diverse portion of the merchant community demonstrates just how ineffective and unacceptable this proposed settlement is," said Dave Carpenter, president and CEO, J.D. Carpenter Companies and chairman of the National Association of Convenience Stores. "The proposed settlement is simply a bad deal that further entrenches the anti-competitive practices of the Visa and MasterCard duopoly and denies merchants of their legal right to fight for real changes in court."

Oral arguments are scheduled for November 9.

Despite gas lines in areas of Hurricane Sandy's widespread destruction, gasoline prices nationwide continued to fall for another week.

The national average price of self-serve regular today is $3.5496 per gallon, compared with $3.575 last Friday, according to AAA's Fuel Gauge Survey. That's 29 cents lower than a month ago, but only six cents higher than the price a year ago.

The average price of diesel fuel today is $4.044 per gallon, versus $4.083 a week ago.

Post-storm shortage

While prices are falling nationwide, they've gone up slightly in New York -- and that's only if you can find a gas station that still has fuel. Many stations have long lines and some have run out altogether.

Elsewhere there were some abrupt price changes this week. In California, the average price plunged 22 cents a gallon as the state's prices returned to normal for this time of year after an acute shortage. Prices in Ohio, meanwhile, jumped an average nine cents a gallon.

While motorists in New York and New Jersey are being frustrated by shortages of fuel at many gas stations, those shortages should be temporary. The storm reportedly did little damage to refineries in the northeast, which are in the process of ramping up their production.

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

• Hawaii ($4.304)
• Alaska ($4.196)
• California ($4.044)
• New York ($3.935)
• Connecticut ($3.890)
• Idaho ($3.791)
• Oregon ($3.775)
• Nevada ($3.773)
• Utah ($3.762)
• Vermont ($3.768)

The states with the lowest gas prices this week are:

• Missouri ($3.176)
• South Carolina ($3.185)
• Oklahoma ($3.225)
• Tennessee ($3.263)
• Arkansas ($3.288)
• Texas ($3.288)
• Minnesota($3.289)
• Mississippi ($3.296)
• Alabama ($3.301)
• Kansas ($3.318)

Watch your salt!

New studies support limiting daily sodium (salt) consumption to less than 1,500 milligrams, according to a new American Heart Association presidential advisory.

The advisory, published in the American Heart Association's journal Circulation, is based on a thorough review of recent laboratory, animal, observational and clinical studies that reaffirm the association's 2011 advisory that limiting sodium (salt) to less than 1,500 mg per day is linked to a decreased risk of high blood pressure and cardiovascular disease, including stroke.

"Our recommendation is simple in the sense that it applies to the entire U.S. population, not just at-risk groups," said Nancy Brown, chief executive officer of the American Heart Association. "Americans of all ages, regardless of individual risk factors, can improve their heart health and reduce their risk of cardiovascular disease by restricting their daily consumption of sodium to less than 1,500 milligrams."

Confusion, mixed messages

Some recent reports have led to confusion and mixed messages about the healthiest levels of daily sodium for all subgroups of the population.

"People should not be swayed by calls for a change in sodium intake recommendations based on findings from recent studies reporting that a reduction in sodium consumption does not improve cardiovascular health," said Paul K. Whelton, M.D., M.Sc., lead author and Show Chwan Professor of Global Public Health in the Tulane University School of Public Health and Tropical Medicine in New Orleans. "Our detailed review of these studies identified serious methodological weaknesses, which limit the value of these reports in setting or revising sodium intake policy.

"Our focus should be on finding effective ways to implement, not change, the existing American Heart Association policy on sodium intake."

Low-salt benefits

Reducing sodium intake can help fight high blood pressure, which affects more than 76 million U.S. adults and is a major cause of cardiovascular disease.

Yet, most American adults and children consume sodium far in excess of their physiologic needs and guideline recommendations -- with an average daily intake more than 3400 mg per day. Only individuals, primarily those with specific, rare disorders, who have been advised by their physicians to do otherwise, should not reduce their sodium intake to 1500 mg/day, but this is difficult in the current environment.

Most of the sodium the public consumes is "hidden" in processed and prepared foods. The American Heart Association advocates improved nutritional labeling of sodium content and stringent limits on sodium in all foods -- fresh, processed and prepared -- provided to everyone and in particular in schools, marketed to children and purchased by employers and government programs.

Study authors conclude that a comprehensive approach to cardiovascular health promotion and disease prevention is multifactorial that includes regular physical activity, healthy body weight, managing blood pressure, controlling blood sugar, avoiding tobacco and a healthy diet. Sodium reduction is a very important component of a healthy diet.

"An integral component of our campaign to improve the nation's cardiovascular health by 20 percent by 2020 is a nationwide decrease in sodium consumption," said Donna Arnett, Ph.D., M.S.P.H., president of the American Heart Association. "It will require a joint effort between health organizations, policy makers and the food industry to achieve this goal by creating an environment conducive to helping all Americans make healthy, low-sodium food choices."

Among the big three of hot beverages--coffee, hot chocolate and tea--a person could go any way when they want something warm and soothing to drink.

For generations tea has been the hot beverage most associated with health and well-being, but not too many studies have examined if it’s really good for you or if it's just nice to drink.

Apparently, a pair of Boston researchers noticed the same thing, as they  examined three of the more popular kinds of herbal tea among U.S. residents, to see if there is any scientific proof to back up the public’s perception of tea being healthy.

Diane McKay and Jeffrey Blumberg of the Jean Mayer USDA Human Nutrition Research Center on Aging at Tufts University in Boston, took a close look at chamomile, peppermint and hibiscus tea, and pulled research from past studies to determine if they really had any health value.

The researchers found that chamomile tea has an antimicrobial and antioxidant agent, and has the ability to help with blood clotting due to its anti-clumping agent. However there was no scientific proof to show that chamomile tea actually relaxes you and puts you to sleep.

Soothing to the stomach

McKay and Blumberg also pulled scientific data about peppermint tea and its potential health benefits.

They found through a series of test tube studies that the minty beverage has the potential to alleviate some allergies, and also contains a significant amount of antioxidants and antimicrobial activities.

Researchers also found peppermint tea could be good for your stomach, after they gave peppermint leaves and leaf extracts to animals, and noticed it provided a calming effect on the animal's digestive tissue and nervous system.

Although there were no findings about peppermint tea and its effects on the human stomach, both McKay and Blumberg have concluded there is enough useful information on herbal teas to conduct further research.

Lower blood pressure

McKay also examined 65 study participants aged 30 to 70 to determine if hibiscus tea had any effect on blood pressure. All of the volunteers were either on the borderline of having high blood pressure or had moderate cases of it.

Half of the participants were told to drink hibiscus tea, the other half drank a fake version of the tea that was just hibiscus flavored.

The researchers took the blood pressure of both groups several times, before and after the testing period--which lasted for six weeks.

The researchers found the volunteers who consumed the real hibiscus tea lowered their systolic bold pressure by 7.2 points, which is the top number in blood pressure readings.

The group who drank tea without real hibiscus only saw a drop in their pressure by 1.3 points. Both groups were told to maintain their usual diets and exercise regiments during the six-week testing period.

McKay and Blumberg say the findings show that hibiscus tea isn’t just a soothing drink and it could be increasingly helpful for those who have mild hypertension.

“This data supports the idea that drinking hibiscus tea in an amount readily incorporated into the diet may play a role in controlling blood pressure, although more research is required,” said McKay in a statement.

Lower cancer risk

In a separate study published in the American Journal of Clinical Nutrition, it was found that older women who consistently drink green tea could have a lower chance of developing throat, colon and stomach cancer, compared to those women who don’t drink green tea at all.

Canadian researchers studied 69,000 Chinese women for a ten-year span and found those who drank green tea at least three times each week, had a 14 percent lower risk of developing those cancers associated with the digestive system.

Since the participants in the study led relatively healthy lives, it was difficult for the researchers to determine if green tea was the main reason they had lower cancer risks, but the lead study author Wei Zheng said after taking their diets and lifestyle into account, he and his team still found enough evidence to link the lower cancer risks to green tea.

“In this large prospective cohort study, tea consumption was associated with reduced risk of colorectal and stomach/esophageal cancers in Chinese women,” he said in a written statement. “

Traveling even short distances is still next to impossible in much of the New York City area today. Flooded subways remain shut down, trains aren't running and a vastly reduced schedule of buses crawl through gridlocked streets.

Suburban areas are plagued by flooded and debris-filled roadways and blanked-out traffic signals.

There are virtually no gas stations operating on Long Island and the few that still have electricity are running out of gas as motorists compete with homeowners seeking gas to run their generators.

It's not just everyday travel that's affected. Airlines are still struggling to get back to normal operations and untold thousands of passengers are stranded around the country. 

Of course, everyone expects travel to be disrupted by storms of the magnitude  of Sandy but airlines and cruise ship companies have managed to infuriate even more customers than normal by inconsistent policies during the Sandy crisis.

Take Betty of Evans, Ga.. She and her husband were in Vancouver, B.C.,  on business and were scheduled to return to Georgia this morning on Delta.

"Yesterday I was told my flight had been cancelled due to Hurricane Sandy so there would not be any fees to change flights. I was advised to call the international toll-free number to make the changes," Betty said in a ConsumerAffairs posting. "I stayed on hold for over one hour then finally spoke with a rude representative who told me a change would be over $1200."

"Thanks Delta for screwing us over! If you had accommodated us as we requested at 4am this morning I would have been home 3 hours ago. As it is I have no clue when/if I will get there," Bett fumed.

Farewell from Emirates

Nomita of New York, NY, was in Bangalore, India, as Sandy was moving up the coast Sunday and was surprised when Emirates that, unlike other airlines, it was not canceling its flights.

But on Monday, Emirates called with the news that it was canceling the Wednesday flight and would not bear any more hotel expenses. The airline offered Nomita only two options:

"1. Continue to stay indefinitely in Dubai at my own cost until there is a flight to NYC.

2. Fly from Dubai to Houston."

"All airlines that I have flown so far have always agreed to at the least pay for a journey end-to-end – that is a contract entered into when I buy a ticket for going from A to B," Nomita said. "How can Emirates drop me off at C (which is at the other end of a big country) and say goodbye?"

Rough crossing

While airline travelers like Betty and Nomita tend to get annoyed when their flights are canceled or delayed, cruise line passengers would often prefer to stay on dry land when the seas turn rough.

"We booked a cruise on the Norwegian Jewel which departed two hours before they closed the port in NYC," said  Sandra of Southbury, Conn. "They put all their clients' lives in harm's way by going directly into the path of Hurricane Sandy."

"We chose not to endanger ourselves [and] asked if we could book another cruise or get part of our money back. were told no, you did not purchase insurance," Sandra said.

Buying trip insurance isn't always the answer though, as Jennifer of Jacksonville, Fla., learned. She was scheduled to sail on the Disney Dream on Oct. 25, just as Sandy was bearing down on the Bahamas, which was their destination.

"My husband and I both contacted Disney to inquire about a possible cancellation due to this storm. We were told that the captain would make the decision if the cruise would be cancelled and that the passengers' safety is their number one priority," she said. "When I asked where the ship would sail since all the ports we were to go to were in the path of the hurricane, I was told that there was nowhere else for the ship to go and that we should just enjoy the onboard activities."

But sailing through a hurricane was not on Jennifer's list of favorite onboard activities, so she asked about using the trip insurance she had purchased to cancel the trip but was told the insurance did not cover weather-related incidents. So off Jennifer and her family went, sailing o'er the bounding main. 

Tossed about

"We spent ALL three days in very rough seas. The winds were usually 65 miles per hour and the boat went straight for the storm. We never made port anywhere and the staff was not forthcoming with information. We could never get a direct answer. Passengers were tossed back and forth (literally)," she said. "The pools, Aquaduck, and the outside decks were closed for most of the cruise - my kids never even put on their bathing suits.

"Many of the passengers were sick from the rough seas along with the staff. On the final night were had the pleasure of viewing multiple passengers suffering from sea sickness to include my son. I guess this is Disney's idea of keeping their passengers safe. The conditions of the cruise had to be bad since Disney decided to pony up a form letter to all passengers offering us a 25% discount on our next Disney cruise."

Now that Superstorm Sandy has cut a path of destruction through the northeast states, residents there are trying to put their lives back together. State officials are trying to make sure a terrible situation isn't made worse by price gouging and the types of scams that almost always follow a disaster.

"During emergencies, New Jerseyans should look out for each other -- not seek to take advantage of each other," said New Jersey Governor Chris Christie. “The State Division of Consumer Affairs is looking closely at any and all complaints about alleged price gouging. Anyone found to have violated the law will face significant penalties."

New Jersey's price gouging statute makes it illegal to set excessive price increases during a declared state of emergency or for 30 days after the termination of the state of emergency. Prices are considered excessive if they are more than 10 percent above the price at which the good or service was sold during the normal course of business, prior to the state of emergency.

Last year, in the aftermath of the much less-destructive Hurricane Irene, a Sussex County gas station was accused of raising fuel prices more than 16 percent. It ended up paying $50,000 to settle the price gouging charges.

New York

New York Attorney General Eric Schneiderman also warned businesses against price gouging. He said general business law prohibits excessive increase in costs of essential items like food, water, gas, generators, batteries and flashlights, and services like transportation, during natural disasters or other events that disrupt the market.

“While most vendors understand that customers are also neighbors and would never think of taking advantage of others during such disruptive times, these circumstances always require an extra sense of vigilance and preparation,” Schneiderman said in a letter to the businesses. “As Attorney General, it is my responsibility to enforce the price gouging law, and while my hope is that I will not need to do so, my office is certainly prepared.”

Scammers

State officials are also warning residents to be on guard for scammers who move in after a disaster, stealing money by offering low prices on clean up and repairs, then skipping out after pocketing an advance payment.

“We are reminding consumers to watch out not just for price gouging, but for the home repair scams and charity scams that often lie in wait when residents seek to recover from storm damage,” Eric T. Kanefsky, acting director of the New Jersey Division of Consumer Affairs, said. “Disasters unfortunately attract their share of dishonest and shady opportunists.”

Delaware Attorney General Beau Biden issued a similar warning to residents in his state. He says consumers should remain cautious with contractors they don't know.

“Sadly, there are also criminals ready to exploit this natural disaster for their own gain by defrauding those property owners,” Biden said. “Knowing what to look out for and where to turn for help can make all the difference for consumers and their families.”

Consumers can protect themselves, Biden said, by making sure a contractor is licensed and bonded and to be leery of door-to-door solicitations. Also, consumers should never pay for the work up front. Full payment shouldn’t be made until the job has been completed to your satisfaction.

Besides causing death and widespread destruction in the northeast, Superstorm Sandy seems to have brought out the better nature of many businesses.

Banks have sent emails to their customers in the storm zone giving them additional time to pay their credit card bills. Airlines have waived many flight change fees in the wake of massive cancellations and delays.

AT&T and T-Mobile say they are collaborating to help each others customers affected by the loss of a number of cell towers in New York and New Jersey. The two carriers have entered into an agreement to enable roaming on their networks to customers of both companies in the hard-hit areas and where capacity is available and for subscribers with a compatible device.

Sharing

In other words, if an AT&T tower is out but a T-Mobile tower is operating, AT&T customers will still be able to make and receive calls.

AT&T and T-Mobile customers will be able to place calls just as they normally would, but their calls will be carried by whichever network is most operational in their area. The two companies say it will be seamless for AT&T and T-Mobile customers with no change to their current rate plans or service agreements even if the phone indicates the device is attached to the other carrier's network.

T-Mobile and AT&T both utilize network technology based on GSM and UMTS standards, which allows for this sharing of voice and data traffic.

Communications in the storm zone remains a problem. The Federal Communications Commission reported T-Mobile lost 20 percent of its network capacity in New York City and about 10 percent in Washington.

Verizon Wireless reported about six percent of its network was down throughout the storm battered east coast.

For the past few years, it has been heavily reported just how bad the U.S. Postal Service (USPS) is doing. Besides losing business to UPS and FedEx, the post office has been steadily losing first-class business -- its most profitable -- to email and the Web.

There's not much USPS can do about email but it is trying to get a leg up on UPS and FedEx by offering same-day delivery service, called Metro Post, being rolled out on a test basis in the San Francisco area by Nov. 12.

E-commerce companies in other states will be able to use the service, but they must have at least 10 physical locations, with at least one location being in the Metro Post test market. Initially, the service will be offered only to commercial customers, though if it's successful it may be extended to individuals. 

3 p.m. deadline

In order to deliver a package on the same day it's shipped , the post office will have to get the request from the company between 2:00 and 3:00 pm that day. Although the USPS hasn’t said it will spruce up its tracking system, one would think it would have to in order to make sure the same-day delivery service operates smoothly for both company and consumer.

Its rather primitive tracking system is seen by many critics as one reason USPS lags its rivals in the package delivery business. 

Post office officials say the test period will not exceed 24 months, and it’s expected to generate revenues somewhere in the neighborhood of $10 million each year.

The cost to customers will be able the same as UPS and FedEx, we're told. Currently, USPS parcel delivery is considerably cheaper than its commercial vendors. 

The USPS has been making huge efforts to improve its package delivery system with a string of recent commercials starring a delivery guy who tells consumers that the post office is just as trustworthy as parcel delivery companies.

The TV ads also highlight the post office’s “If it fits it ships” campaign, trying to further convince consumers that using the agency for package delivery is cheaper and easier than going with other options. 

More trustworthy?

USPS spokesperson Susan McGowan said the new same-day delivery service will provide more delivery options for the consumer, and give the post office a much needed lift in the area of both finances and being considered a trustworthy delivery option.

“E-commerce is just growing, and this kind of a product improves the shopping experience for everyone,” she said in an interview with Bloomberg. “This helps us achieve our goals of enhancing our package business and giving customers better access and better service.”

In petitioning the postal regulatory commission the USPS said the same-day delivery service is far different from any of its other current services and believes once tested and tweaked, it could positively impact the entire nation when it comes to receiving their shipments.

“The Postal Service has not offered a same-day, local delivery product in the past two years,” said the government agency in its written statement to the postal regulatory commission.

“Additionally, the Metro Post delivery service will feature a unique relationship with qualifying online e-commerce companies and their associated retailers, which is unlike any other service offering currently provided by the postal service. The postal service believes these differences to be significant and worthy of testing in the marketplace.”

Same-day delivery is sort of the Big Idea of the Moment in retailing. Amazon has been working towards offering same-day delivery in major markets and a number of retailers, including Walmart, are testing the concept. 

In a warning to investors today, electronics manufacturer Sharp said there is “material doubt” about its ability to keep its doors open.

The company, a mainstay of the Japanese electronics industry, said it expects to end the fiscal year with a net loss of $5.6 billion -- a bigger loss than it forecast back in August. Sharp blamed the losses on investments that didn't pan out but analysts say the company is also suffering from a strong yen and plunging prices for flat screen TVs.

Sharp revealed its doubts about its future in a brief statement to the Tokyo Stock Exchange.

Sharp, in recent years, has banked on a growing market for big screen TVs as its ticket to prosperity. And when it comes to TVs, the emphasis is on “big.”

Size matters

Back in June, Sharp introduced what it said was the “world's biggest LED TV.” The90-inch AQUOS LED TV model LC-90LE745U measured nearly four feet tall and spans six feet, eight inches wide.

The AQUOS LED is not only the world's largest TV, it might well be the world's most expensive. Sharp said it would be sold at select retailers for a suggested retail price of $10,999.99, meaning not every consumer is going to be rushing out to buy it. And therein may lie part of Sharp's problem.

With an emphasis on large sets, the products are, by their very nature, expensive. And when there are problems, as there are with most flatscreen TVs after a while, consumers are not happy.

“We have had our 63-inch Sharp TV, and it went out about three weeks ago,” Louise, of Maryville, TN, wrote to ConsumerAffairs. “I had it in the shop and was told it would need a board and would cost $685.00 plus tax. They called today and said it needed another board and it would cost $386.00 with the total being $1,028.60. I told them to just bring it back. We are very disappointed that it didn't last longer than that.”

Customer service

Jenni, of Marion, IN, is also an unhappy Sharp TV owner, who also finds Sharp's customer service lacking.

“Customer support is a joke -- a bra is more supportive,” she wrote. “TV was about $650, less than 2 years ago. It has vertical lines in the screen. It will cost about $300 to fix.”

Other Sharp products have also come in for some less-than-stellar consumer reviews.

"Sharp Carousel microwave caught fire while heating a cup of water,” McNeill, of Santa Fe Springs, CA, wrote in a ConsumerAffairs post. “Popcorn was made the night before. In the morning, went to heat a cup of water and the thing just started buzzing and sparking. It's less than a year old.”

Meanwhile, Sharp is not the only Japanese electronics manufacturer that is struggling. Also this week Panasonic warned investors it expects to lose almost $10 billion in the current fiscal year.

It's launch day for Boxee's second hardware effort. The $99 Boxee TV will be sold exclusively at Walmart and through the Boxee website starting today.

As we reported a few days ago, Boxee TV is sort of what everyone has been expecting from Apple TV and Google -- a way to find and watch TV shows from multiple sources without putting up with the confusing menus and remotes provided by cable systems.

Among its most compelling features is the "No Limits DVR" -- a cloud-based DVR system that lets you store an unlimited number of movies, TV shows and other videos. 

As part of its introductory promotion, Boxee is offering a three-month trial period of the No Limits DVR for free, plus a discounted service rate of $9.99 (normally $15) for life, three months of free Netflix access and a $5.99 Vudu credit.

More apps have been adding, including Spotify, MLB, TED, Wall Street Journal, Accuweather, and Boxee's own Cloudee joining the previously announced Netflix, Vudu, YouTube, Pandora, and Vimeo on day one.

With less than a week to go before the elections, people seem to be feeling better about the economy.

The Conference Board Consumer Confidence Index, which rose in September, improved again in October. The Index now stands at 72.2 (1985=100) -- compared with 68.4 in September. The Present Situation Index increased to 56.2 from 48.7. The Expectations Index rose to 82.9 from 81.5 last month.

"The Consumer Confidence Index increased again in October and is now at its highest level this year,” said Lynn Franco, director of Economic Indicators at The Conference Board. “Consumers were considerably more positive in their assessment of current conditions -- with improvements in the job market as the major driver. Consumers were modestly more upbeat about their financial situation and the short-term economic outlook, and appear to be in better spirits approaching the holiday season."

Current conditions, labor market show improvement

Consumers' assessment of current conditions improved in October. Those claiming business conditions are "good" rose to 16.5 percent from 15.3 percent, while those saying business conditions are "bad" edged down to 33.1 percent from 33.8 percent.

Consumers' appraisal of the labor market was also more positive. Those stating jobs are "plentiful" increased to 10.3 percent from 8.1 percent, while those claiming jobs are "hard to get" declined to 39.4 percent from 40.7 percent.

Eye on the future

Consumers were generally more optimistic about the short-term outlook in October. Those anticipating an improvement in business conditions over the next six months increased to 21.4 percent from 17.9 percent. However, those expecting business conditions to worsen edged up to 15.1 percent from 14.5 percent.

Consumers' outlook for the labor market was also mixed. Those anticipating more jobs in the months ahead increased to 19.2 percent from 18.1 percent, while those expecting fewer jobs increased to 20.3 percent from 18.7 percent. The proportion of consumers expecting an increase in their incomes edged up to 16.7 percent from 15.9 percent.

The monthly Consumer Confidence Survey , based on a probability-design random sample, is conducted for The Conference Board by Nielsen, a leading global provider of information and analytics around what consumers buy and watch. The cutoff date for the preliminary results was October 18.

There is a difference between “good fat” and “bad fat.” The latter tends to stay with you and, researchers say, cause damage to your arteries.

Researchers at the Montreal Heart Institute say eating just one junk food meal, high in saturated fat, can take a toll on arteries. At the same time, eating a meal based on the Mediterranean diet, rich in fats such as mono-and polyunsaturated fatty acids, causes no harm. In fact, they say it might even be food for your arteries.

Dr. Anil Nigam, Director of Research at the Cardiovascular Prevention and Rehabilitation Centre (ÉPIC), studied the effects of junk food and typical Mediterranean meal on the inner lining of the blood vessels. By measuring that effect, it is possible to determine how easily the arteries will respond after the consumption of the two types of meals.

Higher blood triglyceride a factor

The study also revealed that participants with higher blood triglyceride levels seemed to benefit more from the healthy meals. Their arteries responded better to the Mediterranean meal compared with people with low triglyceride levels.

"We believe that a Mediterranean-type diet may be particularly beneficial for individuals with high triglyceride levels, such as patients with metabolic syndrome, precisely because it could help keep arteries healthy," Dr. Nigam said.

You probably already know what comprises a junk food meal. But what about a Mediterranean-type meal? While it is low in saturated fats, it tends to also be high in sodium, which is not good for people battling hypertension.

It includes foods such as olives, salt-cured cheeses, anchovies, capers, salted fish roe and salads dressed with extra virgin olive oil -- all containing high levels of salt. It's also rich in plant food. While health experts increasingly promote the Mediterranean diet as a path to good health, they also note that Mediterranean people who have thrived on it for centuries also have engaged in plenty of exercise and a healthy lifestyle.

Ameridose, a sister company to New England Compounding Center, whose drugs have been implicated in hundreds of fungal infections and 28 deaths, is recalling all unexpired products remaining in circulation. This is an expansion of actions taken in cooperation with the U.S.Food and Drug Administration and the Massachusetts Board of Registration in Pharmacy.

During the course of its continuing inspection of the company's facility, FDA has notified Ameridose that it will be seeking improvements in Ameridose’s sterility testing process. The use of injectible products that are not sterile can represent a serious hazard to health and could lead to life-threatening injuries and/or death.

Ameridose says it has not received any adverse reports related to the products subject to this recall and neither the company nor FDA has identified impurities in any Ameridose products.

Products listed

Products from Ameridose can be identified by markings that indicate Ameridose by name or by its company logo. A complete list of all products subject to this recall can be found here. The products were distributed nationwide to healthcare facilities.

Ameridose is notifying its customers by fax and arranging for return of all recalled products. Customers that have Ameridose products affected by this recall should immediately examine their inventory and quarantine products subject to this recall, complete the form regarding the current status of these products, and return the form to Ameridose by fax at 508-656-6596, or by email at amdservice@ameridose.com.

Customers with questions may contact Ameridose by phone at 888-820-0622, Monday through Friday from 9:00 am to 5:00 pm EST, or by email at amdservice@ameridose.com.   

Consumers looking to buy a home or refinance a mortgage found rock bottom interest rates again this week, according to two surveys.

Freddie Mac's Primary Mortgage Market Survey shows the 30-Year fixed rate mortgage (FRM) averaged 3.39 percent with an average 0.7 point for the week ending today; last week it averaged 3.41 percent. A year ago, the 30-year FRM averaged 4.00 percent.

The same survey shows the 15-year FRM this week averaged 2.70 percent with an average 0.7 point, compared with last week when it averaged 2.72 percent. A year ago at this time, the 15-year FRM averaged 3.31 percent.

After rising the last couple of weeks, the 5-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 2.74 percent this week with an average 0.6 point, down 0.1 percent from last week. A year ago, the 5-year ARM averaged 2.96 percent.

"Mortgage rates remained relatively unchanged this week on signs of a growing economy and low inflation,” said Frank Nothaft, vice president and chief economist, Freddie Mac. “The economy grew 2.0 percent in the third quarter with residential fixed investment contributing 0.3 percentage points to growth. The core price index of personal consumer expenditures grew 1.7 percent between September 2011 and 2012 and was within the Federal Reserve's preferred target range."

Bankrate.com survey

The Bankrate.com weekly mortgage rate survey also indicated a slight pull-back from last week. The benchmark 30-year FRM settled at 3.57 percent. The average 30-year FRM has an average of 0.43 discount and origination points.

The average 15-year FRM also inched lower to 2.89 percent and the larger jumbo 30-year mortgage it a record low of 4.11 percent, according to the Bankrate survey. Adjustable mortgage rates were mostly lower, with the 5-year ARM dipping to 2.72 percent and the 10-year ARM sinking to a new low of 3.2 percent.

Bankrate says nervous investors are continuing to pour money into bonds, which is helping to keep rates low.

Planned job cuts by U.S.-based employers shot up 41 percent in October -- to 47,724, pushing downsizing activity to its highest level in five months, according to the report on monthly job cuts released by global outplacement consultancy Challenger, Gray & Christmas, Inc.

The October surge follows a relatively mild September, during which employers announced 33,816 job cuts -- the second lowest monthly total in the last 22 months. October was the highest job-cut month since May, when 61,887 planned layoffs were announced. It was up 12 percent from the same month a year ago, when employers announced plans to trim payrolls by 42,759 workers.

Trending lower

Despite last month’s sharp increase, layoffs for the year are still well below last year’s pace. Through 10 months, employers announced 433,725 job cuts --17 percent fewer than the 521,823 cuts announced between January and October 2011.

The automotive sector led the surge in October job cuts, announcing plans to fire 11,615 workers, compared with the 10,405 job cuts announced by this sector over the previous nine months. The new year-to-date-total of 22,020 is more than double the 10,593 job cuts announced by the automotive sector in all of 2011.

The bulk of last month’s automotive job cuts were by the Ford Motor Co., which announced a plant closing in Belgium that will affect 9,500 workers. Another 1,400 Ford workers -- in the United Kingdom -- are also being let go. Both workforce reductions were the direct result of the continuing European economic turmoil.

European factor

“While the Ford job cuts are not impacting American workers, they indicate just how vulnerable companies in the U.S. are to the situation in Europe,” said John A. Challenger, chief executive officer of Challenger, Gray & Christmas. “Several other companies, including Dow Chemical, Colgate-Palmolive, and DuPont attributed poor quarterly earnings to weak demand in Europe and other global markets.”

“The final three months of the year tend to see heavier downsizing activity as companies make year-end adjustments to meet earnings goals and to prepare for the new year. Certainly, the deluge of weak third-quarter earnings reports that resulted from declining sales here and abroad does not bode well for workers as 2013 approaches,” he added.

The slowdown in consumer and business spending was a common theme among several of the top job-cutting sectors in October. The second-ranked consumer products industry announced 5,250 job cuts last month, compared with 1,917 in September. The electronics industry plans to cut 4,491 jobs in the coming weeks and months. And the fifth-ranked industrial goods sector announced 3,539 job cuts.

Most of the U.S. returns to standard time this weekend. Clocks will be set back one hour beginning at 2 a.m. Sunday, November 4.

But there's more to do than just turn back the clocks. Fire safety advocates ask that consumers use the occasion of the time change to replace the batteries in their smoke detectors.

By replacing the batteries on the first Sunday in November and the second Sunday in March, when the nation goes on Daylight Savings Time, consumers can be sure their smoke detectors are working properly all year round.

But why stop there? The Car Care Council, which represents manufacturers of aftermarket auto parts, suggests you use the occasion to replace your vehicles' wiper blades and check the lights.

Equipment check

"Turning back the clocks means fewer hours of daylight, so it's even more important that your vehicle's lights and wipers are working properly so you can be seen by others and your visibility is not compromised," said Rich White, executive director, Car Care Council. "From the driver's seat you may not notice a light that isn't working, so inspect all of your car's lights and replace those that are out. Also, inspect and replace wiper blades so you can see clearly when wet weather hits."

Lights are normal wear items that require periodic inspection and replacement. The lighting system provides nighttime visibility; signals and alerts other drivers; and supplies light for viewing instruments and the vehicle's interior.

In addition to replacing dimming, rapidly blinking and non-functioning lights, the following tips can help keep you safe:

• If there is any doubt on whether your headlights should be on, turn them on. Lights not only help you see better in early twilight, they also make it easier for other drivers to see you.
• Keep headlights, tail lights and signal lights clean. External dirt and debris can dim operational lights from being seen by others.
• Make sure that your headlights are properly aimed. Misaimed headlights blind other drivers and reduce your ability to see the road.
• Don't overdrive your headlights; you should be able to stop inside the illuminated area, otherwise you are creating a blind crash area in front of your vehicle.
• The wiper system keeps excessive water, snow and dirt from building up on the windshield, maintaining clear visibility. Many factors can accelerate the replacement interval of wipers, including operating conditions (winter conditions are tough on wiper blades), frequency of use, material and type of wipers and sunny weather. In fact, wiper blades can deteriorate faster and need more frequent replacement in desert states.