Current Events in May 2013

Family Dollar Services of Matthews, N.C., is recalling about 19,640 Optimus Tower Quartz Heaters.

The heaters can overheat, posing a fire hazard. The company says it has received 10 reports of overheating, including some reports of temperature knobs melting, but no reports of injury, fire or property damage.

Optimus Tower Quartz Heaters are portable electric tower heaters that are about 10 inches wide, 25 inches tall and 9 inches deep. The heaters have a white metal casing with a white plastic top, a wire cage protecting the heating elements and vent slits at the bottom.

The front section of the top has the brand name Optimus, a power light, a caution light and two dials. One dial turns the heater on or off and selects the power of either 750 watts or 1500 watts. The other control knob selects the heat range between high and low.

The rear section of the top has fire, high temperature and shock warnings and diagrams of the heater being used in 750 watt mode and 1500 watt mode. Model number “H-5232” is on a silver sticker on the bottom of the heater below the words “Optimus” and “Quartz Heater.”

The heaters, manufactured in China, were sold exclusively at Family Dollar Stores from September 2012 ,through December 2012, for about $35.

Consumers should immediately unplug and stop using the heaters and return the product to any Family Dollar Stores location for a full refund.

Consumers may contact Family Dollar Stores at (800) 547-0359 from 8:30 a.m. to 5 p.m. Monday through Friday.

XYMOGEN of Orlando, Fla., is recalling artriphen, a product recommended for the support of healthy joint function, because it contains traces of the undeclared allergens soy and milk.

People who have an allergy or severe sensitivity to either allergen run the risk of serious or life-threatening allergic reaction if they consume this product. There have been no reported allergic reactions or any adverse events in connection with the product to date.

Consumers may return the product for a full refund

The maker of dietary supplements says it learned that artriphen might contain the two allergens and immediately discontinued sale of the product.

XYMOGEN says it discovered the allergens were not included in the product’s labeling while preparing to buy artriphen in bulk and then label and package it for the first time.

The U.S. Food and Drug Administration’s regulations on dietary manufacturing, packaging and distribution require manufactures to disclose any of eight identified allergens in the labeling and marketing of products.

In addition to discontinuing the sale of artriphen, XYMOGEN is phasing out two other products, coolsens and dolorox, provided by the same company, neither of which has any known safety concerns.

Artriphen was available in quantities of either 90 or 180 capsules.

When bombs exploded at the finish line of the Boston Marathon, police and rescue personnel rushed to the scene to aid the victims and investigators began looking for the perpetrators. In a matter of days, one suspect was dead and another was in custody after a massive investigation and manhunt.

But things don't always happen that quickly.

When a Jeep Grand Cherokee exploded into flames after being rear-ended by a pick-up truck at a stop light in Winchester, Va., in 2011, police and rescue personnel rushed to the scene to aid the four occupants -- Mark and Amanda Roe and their sons Caleb, 11, and Tyler, 4. The boys were killed by the impact. Their parents burned to death when the Jeep's gas tank burst into flames. 

The driver who rear-ended the Roe family got a ticket, but years later, not much else has happened.

In the Boston Marathon case, four people were killed and 264 were injured. In a series of Jeep Grand Cherokee accidents similar to the one in Winchester, 270 people had burned to death as of late last year and hundreds more have been injured, according to figures compiled by the Center for Auto Safety.

Unlike the Boston bombings and the more recent deaths of five women who burned to death when their stretch limousine caught near San Francisco, the Jeep deaths have attracted little attention and not much is being done to prevent similar deaths from the thousands of at-risk Jeeps still on the road.

NHTSA proceeds cautiously

The National Highway Traffic Safety Administration (NHTSA) has been slowly sifting through data but has done nothing to warn taxpayers whose lives are at risk every time they get in their cars.

As is so often the case, investigators on the front line have no trouble identifying the problem -- the fuel tank on 1993 through 2004 Jeep Grand Cherokees is mounted behind the axle and hangs down below the SUV's rear bumper, making it vulnerable to being ruptured and catching fire in a rear-end accident.

Safety advocates have been pressing NHTSA to act and lawyers have been filing lawsuits on behalf of consumers injured and burned to death in their Jeeps. But the plodding pace is more than Janelle R. Embrey, a Virginia mother of two, can stand.

Embrey, a 46-year-old medical transcriptionist, was riding with her father on I-81 near Winchester just 15 months after the Roe family had been killed.  When  traffic on the heavily-congested highway slowed suddenly, a tractor-trailer truck rammed the line of stopped cars, pushing a Jeep Grand Cherokee into Embrey's car, an incident she recounted in an earlier ConsumerAffairs story.

Embrey stood by in horror when flames began licking at the back of the Jeep as its stunned occupants tried to free themselves from their seat belts and escape. Her  father, Harry Hamilton, 66, ran to the Jeep, broke a window with his fist and managed to pull a teen-aged boy to safety but he was driven back by flames before he could rescue another teen and the boy's mother.

"The entire vehicle was swallowed up by flames. In that instant, they burned to death," Embrey said. Later, Embrey was sitting in a patrol car with the state trooper leading the investigation as he wrote up his report.

"The officer shook his head and said, 'That's the same vehicle that killed the Roe family,'" Embrey said. "He just sat and stared into the burned-out Jeep. Everybody knows this is happening. Why can't we do something about it?"

Embrey's father has been nominated for a Carnegie Hero's Medal for his efforts but Embrey remains haunted by the incident and has launched a one-woman crusade to light a fire under NHTSA and Chrysler, which owns Jeep.

Petition drive

A few months ago, Embrey launched a petition drive on Change.org urging NHTSA to take action. She wrote to her Congressional representatives and to  President Obama, who forwarded her letter to NHTSA Administrator David L. Strickland, who sent her a two-page response that she described as "mumbo jumbo."

Frustrated, Embrey began saving her earnings from a part-time bookkeeping job and, in late April, launched a billboard campaign on I-81 and other highways around the Winchester area.

The billboards, which she said cost several thousand dollars a month show a stylized burning Jeep with a skeleton at the wheel and asks consumers to sign her  petition. She also plans to launch a website at dangerousjeeps.com soon.

Embrey said she was so horrified by the accident she witnessed and the earlier accident involving the Roe family that she felt she had to do something, even though friends and advisors told her it was futile.

"It took me a couple of months to start taking action. I cried every day and it took me some time to get it together," Embrey told me as we sat in a snack shop at the intersection where the Roe family died. "A lot of people have told me to give up but I have to do it."

Besides the billboards, Embrey has passed out bumper stickers and pocket-sized cards at businesses throughout Winchester and has spoken with safety advocates, attorneys and reporters, trying to generate action.

Probe expanded a year ago

Among those lending a sympathetic ear was Clarence Ditlow at the Center for Auto Safety in Washington. Ditlow has been trying for years to spur NHTSA to action.

In a letter to Strickland in May 2012, Ditlow noted that Chrysler, which makes Jeeps, had finally conceded that the "the 1993-2004 Jeep Grand Cherokee far exceeds its top competitor, the 1993-2004 Ford Explorer in ... rear impact fire crashes."

"If Chrysler does not voluntarily recall these deadly vehicles that kill children secured in child restraints as the [Center for Auto Safety] has asked [Chrysler Group] Chairman Sergio Merchionne, then the only way to prevent more fire deaths is for NHTSA to order a mandatory safety recall."

One month later, in June, NHTSA expanded its probe into the Jeep fires but today, nearly a year later, thousands of the Jeeps remain on the road every day, carrying children -- most of them securely strapped into their car seats -- to school, play dates and other activities. 

Embrey thinks it's shameful that the government that is supposed to protect its citizens moves so slowly and deliberately, leaving innocent lives at risk. She admits to being discouraged but says she won't give up, even though the financial and emotional pressures are intense.

"A lot of people have told me to give up -- you're fighting Chrysler," she said. "But I have to do it. Everyone says I have to face the reality that this could just go nowhere. But I'm not ready to do that."

For now, Embrey says she will keep fighting and hopes others will join her or, at least, sign her Change.org petition.

With summer time approaching, there are a few extra things that parents will have to keep an eye out for, like making sure they're keeping a close eye on their children around swimming pools and beaches. And making sure products like suntan lotion are being used regularly.

But there are other things parents will have to look out for as the weather starts to get warmer like making sure their kids aren't ingesting hydrocarbons.

What are hydrocarbons and what do they have to do with summer time?

A hydrocarbon is a liquid that evaporates when poured out and it's often used in everyday household items like cleaning products. It's also in fuel for the lawnmower and lighter fluid for the grill, which tend to be used more often during summer, making it easier for children to get their hands on it.

Lung damage

Dr. Heath Jolliff, D.O., of the Central Ohio Poison Center at Nationwide Children's Hospital said that even if children don't swallow products containing hydrocarbon, once the liquid turns into gas it can still damage their lungs.

"These things evaporate and that's part of the danger," he said.

"A child will place that in their mouth and even if they don't intend to swallow it, it turns into a gas and goes into their lungs and that's when it causes the big problem."

According to the Center for Injury Research and Policy at Nationwide Children's Hospital, hydrocarbons are the third-leading cause of poisoning deaths in children under 5 years of age. In addition, the study shows that more children are injured during the summer months from hydrocarbons and boys ages 1 and 2 have the highest chances of being injured. 

Between the year 2000 and 2009, more than 100,000 hydrocarbon-related injuries were reported, which equates to one injury every hour, the study found. 

This study on hydrocarbons and the injuries they cause to children is the first of its kind, the researchers say.

Take stock

Lara McKenzie, Ph.D., of the Center for Injury Research and Policy says summer is the ideal time for parents to take another look at the products in the home to make sure they're being kept away from children.

"More of these cases occurred in the summer months," she said. "So the change of seasons is a really good time for parents to sort of take stock and evaluate what kind of products they have and how they're stored."

Although children continue to be poisoned from hydrocarbons in household products, Jolliff says the number of cases have been going down.

"The good news is that the number of injuries has declined significantly between 2000 and 2009 because of changes in packaging laws and public awareness," he said. "Unfortunately, more children are poisoned from hydrocarbons because of incidents at home, demonstrating a greater need for preventive education for parents."

McKenzie says that parents should be extremely mindful of keeping household products in the original packaging, so it's harder for children to confuse liquids with a food or drink.

"Inquisitive children mistakenly identify hydrocarbons as a food or beverage and attempt to ingest the poison, which is the most common way children are exposed to the chemical," she said. "The changing seasons should remind parents to ensure proper storage of hydrocarbons in their original containers."

In addition, researchers say parents should be sure their children aren't in reach of household products as they're being used, since it's easy for a child to get his or her hands on a container while a parent is doing chores.

Parents should use a combination or a key lock to secure hydrocarbon-based products and they should never underestimate how high a child can climb to reach them, McKenzie concluded.

Summer is just around the corner and warmer weather means millions of people will be hitting the beaches. Now, nobody wants to look like the underbelly of a fish in those early days so, what's the solution? For a lot of people, it's indoor tanning. And that means sunlamps and tanning bed.

But, is that a good idea?

According to the Food and Drug Administration (FDA), using ultraviolet (UV) tanning lamps, like those used in indoor tanning beds, increases the risk of skin damage, skin cancer and eye injury. The American Cancer Society notes that melanoma -- the deadliest form of skin cancer -- accounted for 75,000 cases of skin cancer in 2012. And the American Academy of Dermatology says indoor tanners are 75 percent more likely to develop melanoma than those who have never tanned indoors -- and the risk increases with use.

Restrictions on use

In an effort to help consumers protect themselves from the risks of indoor tanning, FDA is proposing changes in its regulation of sunlamps. The changes would strengthen the oversight of these devices, and require labeling to include a recommendation that people under the age of 18 not use them.

Younger people are particularly vulnerable to exposure to UV rays. The effects add up over a lifetime, thus UV exposure puts children and teenagers at greater risk for skin and eye damage later in life.

"There is increasing evidence that tanning in childhood to early adult life increases the risk of skin cancer, including melanoma," says FDA dermatologist Markham Luke, M.D. In fact, according to an overview of studies recently published in the journal Pediatrics, melanoma is the second most common cancer in women in their 20s and the third most common cancer in men in their 20s in the U.S. Luke adds that many experts believe that at least one cause is the increased use of sunlamp products by U.S. teenagers and young adults.

The changes

Sunlamp products (including tanning beds and booths) are regulated by the FDA both as medical devices and radiation-emitting products, requiring compliance by manufacturers with FDA regulations.

Among the proposed changes:

• Sunlamps would have to undergo premarket review and comply with requirements relating to performance testing, software validation and biocompatibility.
• Manufacturers would have to add a label to the sunlamp warning young people not to use these devices.
• Sunlamp product labeling would include a warning that people who are repeatedly exposed to sunlamp products see their health care professional on a regular basis to check for possible skin cancer.

Other problem areas

It should be noted that skin cancer is not the only problem that could crop up in the use of a public tanning parlor.

Alli of Akron, Ohio, says she paid for a week of tanning at Darque Zone Tanning. "The second day I went to tan," she writes in a ConsumerAffairs post, "I laid in a bed that had busted and broken plexiglass and scratched up my entire bottom area and my back when I went to get out of the tanning bed. I had no idea it was like that at the bottom too before I got in! While I was in the bed, I noticed the entire top part of the inside was all busted and cracked also!"

Becky of Arlington, Va., had a different type of problem. "I caught HPV/genital warts from the tanning bed at the Largo, Md., World Gym location," she tells ConsumerAffairs. "Please be advised NOT to use their tanning beds & always always, always keep underpants on as this has completely ruined a part of my sex life."

What NOT to do

If you insist on using a sunlamp or a tanning bed, FDA says there are certain practices that are especially dangerous. Among them:

• failing to wear goggles, which can lead to short- and long-term eye injury.
• starting with long exposures (close to the maximum time for the particular sunlamp), which can lead to burning. Because sunburn takes 6 to 48 hours to develop, you may not realize your skin is burned until it's too late.
• failing to follow manufacturer-recommended exposure times on the label for your skin type (some skin types should not tan with UV radiation at all, for example those with skin that burns easily and doesn't readily tan).
• tanning while using certain medications or cosmetics that may make you more sensitive to UV rays. When in doubt, talk to your doctor or pharmacist.

College graduates don't have long to celebrate before their student loans come due, and a report released today warns that it's not just the graduates whose economic progress is being held back. The broader economy could be affected as well, the Consumer Financial Protection Bureau (CFPB) found.

“College can open up many opportunities, and we do not want that college degree to become more of a burden than a blessing for those saddled with unmanageable debt in a tough employment market,” said CFPB Director Richard Cordray. “Today’s report warns of the potential domino effects on the economy of high student debt. It also identifies policy and market-based solutions based on the public’s comments that would help borrowers manage their private student loan burden.” 

The report summarizes more than 28,000 comments received over the last few months. Many of those who commented were concerned about the potential domino effect of student loan debt on the economy.

Several comments described how monthly student loan payments can deplete consumers’ personal savings, may crowd out other types of consumer spending, and may shape the choices young graduates make about their careers and the communities in which they live. 

Sectors affected

Other comments centered around specific economic sectors, including: 

• Housing: The current generation of first-time homebuyers is inhibited by a heavy student debt burden that may hurt their ability to qualify for a mortgage or to save for a down payment.

• Small Business Development: Student debt may limit consumers’ ability to access small business credit and to save capital. 

• Retirement Savings: Those with student debt may be unable to save for retirement or may have to rely on their parents, who are nearing retirement, to help pay their debt. 

• Rural Communities: Rural areas in particular struggle to attract and retain young professionals. Car ownership may be a prerequisite for employment and rental housing may be scarce. For cash-strapped student borrowers, the need to buy a car or a house may deter them from moving to a rural area.

Proposed solutions

The report also outlines a number of proposed solutions, including:

• “Refi relief” for borrowers who pay on time:  Comments from market participants, policy experts, and individual borrowers suggest that refinance options on private student loans could offer relief for responsible borrowers. If borrowers were eligible to refinance their debt at lower interest rates, they could potentially save thousands of dollars in the process.

• A “road to recovery” for borrowers in distress: Other comments suggest that a “road to recovery” could be a solution for struggling borrowers trapped in the terms of their private student loans. This could be a  negotiable, transparent, step-by-step process where monthly payments are lowered to match a reasonable debt-to-income ratio. 

• A “credit clean slate” for borrowers in default:  A number of comments propose that a “credit clean slate” option would be appropriate for borrowers who need a way to repair their credit and get out of default. 

There are many ways to get exercise but some people like the idea of getting theirs at a health club. While memberships can be pricey, these facilities usually offer high-end exercise equipment and the option of personal instruction.

If you've decided that a health club membership is for you, choosing the right one is important. If you aren't happy with your choice, chances are your visits will be infrequent, resulting in wasted money.

First, think about why you're joining a health club and what you want to achieve. The heart of most health clubs is the fitness room, containing weights and cardiovascular equipment.

Out of order a bad sign

Check out the cleanliness of the room and the condition of the equipment. If the room is messy or dirty and the equipment is old, it's not a good sign.

Specifically, check for the number of machines that have “out of order” signs on them. That's usually a good sign that you should keep looking.

Denesh, of Valley Stream, N.Y., is unhappy with the state of the LA Fitness gym she uses.

“It is a constant recurring thing with this gym,” Denesh wrote in a ConsumerAffairs post. “Nothing is maintained correctly. The spa, sauna and steam room don't work. The hooks are broken in the shower stalls. There are sewer flies everywhere. I don't want to waste my energy. I just want a gym that functions.”

When checking out a gym, don't just look at the fitness center. If there is a pool or whirlpool spa, check those areas for maintenance and cleanliness. If you have children and the gym provides child care, ask to see that area too.

Location, location, location

Location is another extremely important consideration. Your health club should be near your home or on your commute to and from work. Otherwise, you will probably go less and less.

And just because there's a health club right around the corner, it doesn't mean it will always be there. Read the contract carefully to make sure you have the option of canceling your membership if the facility closes. It happens more than you think.

In 2009 that became an issue in North Carolina when Peak Fitness began closing facilities due to the economy. Many members had purchased pre-paid memberships and were left without their gym or their money.

It took intervention by North Carolina Attorney General Roy Cooper to secure refunds and require the company to post bonds for any clubs that sold pre-paid membership. If you are asked to pay in advance, you should receive some kind of discount and get assurances that you will get your money back if the facility closes. Otherwise, keep looking. 

Getting out of the contract

And that brings us to another point. How easy is it to cancel your gym membership? Health clubs are high overhead operations and these companies, in general, do all they can to discourage you from canceling.

“My daughter opened a membership at Gold's Gym in Medford, Mass., and couldn't go anymore,” writes Fabio, of Malden, Mass. “I asked to cancel the account and many excuses were given to me. The customer service on the phone only takes your call after you wait 25 minutes or more. I was told that I have to pay the one-year membership because I cannot cancel before one year. Whatever they tell you in reality doesn't work.”

That's correct. Whatever the person trying to sell you a gym membership tells you, verbally, doesn't matter. All that matters is what is written in the contract. Read it carefully. 

Comfortable feeling

A final consideration is an emotional one. What kind of feel does the health club have? You might visit at a couple of different times, during the day and in the evening. Some health clubs are havens for “gym rats” who are hyper-enthusiastic about pumping iron. Others draw people who just want an occasional workout.

What type of health club member are you? Choose a facility where you think you will fit in and be most comfortable.

Some health clubs try to serve niche groups. Curves is a health club that only accepts female members and makes a point of not having mirrors in its fitness centers. It's among the highest rated among consumers posting reviews at ConsumerAffairs.

Earlier this year Downsize Fitness opened as a health club whose members must be at least 50 pounds overweight. It not only makes members feel less self-conscious, it provides personal instruction for every member. 

Whatever health club you choose, it should be a place where you feel comfortable -- with the surroundings, the price, location and with the terms in the contract.

Windows 8, Microsoft's latest version of its operating system, was supposed to be its most versatile and seamless yet. It was designed to run on PCs, tablets and other devices, incorporating the tablet's touchscreen interface in the PC for the first time.

Microsoft reports more than 100 million copies of Windows 8 have been sold, including the ones installed on all new PCs sold since last fall. The reviews have not been all that kind and sales have been below expectations, and it now appears Microsoft is making some changes.

In a chat published on the Microsoft website, Tami Reller, Microsoft's Chief Marketing Officer, says the update is code named Windows Blue and will be available later this year.

“The Windows Blue update is also an opportunity for us to respond to the customer feedback that we’ve been closely listening to since the launch of Windows 8 and Windows RT.,” Reller said. “From a company-wide perspective, Windows Blue is part of a broader effort to advance our devices and services for Microsoft.”

Buyer's remorse

For months, some Windows 8 users have been making their views known on the pages of ConsumerAffairs. Louise, a consumer in the United Kingdom, is definitely sorry she upgraded.

“After some thought I decided to go ahead and purchased the upgrade,” she writes. “Approximately six weeks after the upgrade my computer completely crashed, blue screen of death, cannot reset to factory default. I have spoken with Microsoft, Windows, Arvento and Toshiba to no avail. I am going to continue to keep writing, e-mailing and telephoning everyone until somebody does something about it. Meantime I'm left with an unusable laptop and relying on my ancient HP.”

Al, of Minneapolis, Minn., was very specific in his complaint about Windows 8.

“Working in File Manager, it repeatedly locks up,” he wrote in a ConsumerAffairs post. “I have to use Task Manager to repeatedly close & restart. Working with Open Office, screens just lock up and have to use Task Manager to close and re-open.”

Where's the Start menu?

He also recounts stability problems when using the Chrome browser. He says he has trouble accessing the Start menu.

“Most of the new design is pointless to me as user,” Al writes. “I value having an OS that improves the functions I use, not creating tons of new functions I never use, and then putting the functions I do use in totally different places, like shutting down computer. Stupid. If I wanted a Macintosh, I'd buy one. I bought Windows, not some Mac wannabe. And I got an inferior product.”

Mark, of Seattle, Wash., reports Windows 8 disabled his anti-virus protection.

“I can now get Windows protection for one year for $200.00,” he writes. “I will change to Apple in future.”

Christine, of Trescott, Maine assures us she isn't new to computers, and has operated one for years, never experiencing problems navigating through an operating system. Windows 8, she declares, is the worst.

Wistful look back

“I don't see myself keeping this system,” Christine wrote. “If I had my way I would go right back to Windows XP. Just because it is a new system, doesn't mean it is better and as far as I am concerned it is not.”

One anonymous consumer wrote that they paid a fee in order to downgrade to the Windows 7 operating system.

In her live chat, Reller said the Windows Blue upgrade will provide more innovations for both business and consumer users. No date for Blue's release has been announced.

However, those who continue to rely on Windows XP got some bad news last month. Microsoft announced it will end support for the venerable operating system April 15, 2014.

Consumers frequently complain that they're always being asked for personal information they'd rather not disclose -- like their phone number, email address or birthdate.

Well, there's a simple way to deal with that. It's called lying and a survey finds it's also a very popular strategy. Researchers said Americans routinely hide their personal details and intentionally falsify information when asked for it by websites, services and mobile app providers.

The findings suggest that many people are skeptical of the need for services to collect personal data, leading people to lie, click away or decline app downloads. According to the survey, people engage in these behaviors to create a sense of privacy and control over their personal information.

Afraid and angry

“Before we did the survey, we’d heard from data aggregators that something like 50% of their data might be incorrect. The survey showed that much higher rates of obscuring data is happening," said study co-author Mary Hodder. "People are afraid and angry, as reflected in their comments to the survey, and they are doing the only thing they can to protect themselves: hiding, lying or withdrawing."

Hodder is on the board of directors of Customer Commons, the California-based non-profit that conducted the study.

The study found that some people will accurately represent themselves only when online services show a clear upside. Otherwise, people don’t want to reveal more than is necessary when all they want to do is download apps, watch videos, shop or engage in social networking.

Key findings in the report include:

• Only 8.5 percent of respondents always accurately disclose personal information.

• As many as 70% of respondents regularly withhold at least some personal data.

• Many respondents lie about various line items as a strategy to protect their privacy. For example, 34.2% intentionally provided an incorrect phone number, and 13.8% provided incorrect employment information.

The concept of trust was raised in 22% of the written responses explaining why people hide their information. Some examples include:

• “I cannot trust a random website”

• “I do not want spam and do not want to expose others to spam. I also don't know how that information could be used or if the people running the site are trustworthy.”

• “If I know why info is needed then I might provide, otherwise no way”   

People are afraid or distrustful of sites, services and phone apps that request their personal data. They withhold or falsify information because they do not believe the sites need their data, and because they do not want to disclose information that might lead to spamming or other intrusions. Moreover, the techniques that people employ to preserve their sense of privacy online are largely improvised, informed by fear, and based on their subjective evaluation of entities that solicit personal information.

Customer Commons describes itself as "a not-for-profit working to restore the balance of power, respect and trust between individuals and the organizations that serve them, especially in the online world." Funding for the study came from CommerceNet, a not-for-profit research institute.

It's not news that the Gulf of Mexico has high levels of mercury, but the levels have gotten so high that the state is warning consumers to avoid blue marlin entirely amd to limit their consumption of several species including blackfin tuna and swordfish.

The Gulf has long had high mercury levels, much of it coming from coal-burning power plants in locations whose water drains into the Gulf. Besides the states bordering the Gulf, the Mississippi and other rivers carry industrial pollution into Gulf waters. 

The Texas Department of State Health Services issued an advisory Tuesday saying it had found unsafe levels of mercury in waters off the state's coast,  the first such advisory since last September.

Women of childbearing age, including women who are nursing, and children under 12 years old should not consume certain fish off the Texas coast. The advisory recommends that women past childbearing age and adult men limit their consumption of fish from this area to no more than one or two meals per month. A meal is 8 ounces of fish. 

High levels

The advisory was issued after testing revealed that fish examined from the northwestern Gulf of Mexico contained mercury at concentrations that exceed DSHS health guidelines of 0.7 mg/kg in the listed species. It warned that regular or long-term consumption of the contaminated fish could result in serious health effects.

If consumed regularly, mercury can cause harmful effects to the central nervous system, particularly in children including those exposed before birth. Symptoms of prolonged exposure include liver damage, tingling of the skin, loss of coordination, visual and hearing impairment, slurred speech and other damage to the brain and nervous system.

Surly Bikes of Bloomington, Minn., is recalling about 975 bicycle forks.

The bicycle fork can bend above the disc brake mount, posing a fall hazard to the rider. The company has received one report of a fork bending above the disc brake mount. No injuries have been reported.

This recall involves:

• Surly Pugsley 100mm and 135mm bicycle forks made of tubular chromoly steel. “Surly” is printed on both legs of the fork. “Pugsley” is printed on the fork’s packaging and on the frame of bikes with the recalled forks.
• Surly Pugsley 100mm bicycle forks were sold individually only. They are black, have triple water bottle mounts on each side, rack/fender mounts on the top and bottom and have date code 2012 03 20 stamped on the steerer tube.
• Surly Pugsley 135mm bicycle forks were sold individually and as part of 2013 model year complete bicycles. The 135mm forks are black, yellow or red and are stamped with date code 2012 06 19 on the steerer tube. Model number FK3175, FK3181 or FK0706 is printed on the packaging for forks sold individually.
• Surly Pugsley bicycle models FM3110-3114, FM3175-79, BK3110-14 and BK3175-79 were sold with the recalled forks as original equipment. The bicycle’s model number is printed on the bicycle’s packaging.

The bike forks, manufactured in Taiwan, were sold at bicycle stores nationwide and on various websites from May 2012 through February 2013 for about $100 individually or on Surly Pugsley bicycles for about $1,750.

Consumers should immediately stop using bicycles equipped with the recalled Surly bicycle fork and contact a Surly dealer for a free inspection and replacement or a full refund.

Consumers may contact Surly Bikes toll-free at (877) 946-9333 from 8 a.m. to 6 p.m. CT Monday through Friday.

BeaMonstar Products is recalling a number of sexual enhancement products, including:

• SexVoltz brand SKU’s 626570609490, 827912089028, 626570617877, 626570615316;
• Velextra brand SKU’s 626570619475, 626570619475, 626570619475, 626570619475; and
• Amerect SKU’s 626570619031, 626570619598

Laboratory analysis conducted on SexVoltz and Velextra has determined they contain undeclared tadalafil. Amerect has the potential to contain the ingredient. Tadalafil is an FDA-Approved drug used to treat male erectile dysfunction (ED), making the products unapproved new drugs.

Tadalafil may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates.

The company has not received any reports of adverse events to date related to this recall.

The product is used as a sexual enhancement product and all 3 products are packaged in blister type packaging in 1 & 2 caps, and in 4 capsule and 10 capsule bottles. All lots were distributed and sold nationwide to wholesalers, retail and via internet from January of 2012, to May 7, 2013, and contain various expiration dates.

BeaMonstar is notifying its distributors and customers by email and phone, and is arranging for credit of all recalled products. Consumers/distributors/retailers that have the recalled products should return them to the place of purchase.

Consumers with questions regarding this recall can contact BeaMonstar Products by 480-735-1424 or info@beamonstar.com Mon-Friday from 8am-1pm (MST).  

Tibor’s Gourmet of Palmdale, Calif., is recalling approximately 200 pounds of ready-to-eat smoked pork sausage products because they were produced without the benefit of federal inspection.

There have been no reports of illness due to consumption of these products.

The following Tibor’s Gourmet products are subject to recall:

• “Ready To Eat” Gourmet Hungarian Brand Mild Smoked Sausage
• "Ready To Eat” Gourmet Hungarian Brand Spicy Smoked Sausage

Each package bears the establishment number “EST. 44866” inside the USDA mark of inspection. The products were produced between Mar. 25, 2013, and May 2, 2013, and shipped to a retail chain in Los Angeles and Orange counties.

Consumers with questions about the recall can contact the company’s owner, Tibor Robert Petho, at (661) 339-3210.

Chang Kwung is recalling a dietary supplements sold under the brand name Lightning Rod 500 mg per capsule packaged in 3-count, UPC 6 89076 20257 2 and 12-count bottles, UPC 6 89076 20297 8.

The company was notified that the product contains an analogue of Sildenafil, the active ingredient in an FDA-approved drug used for the treatment of male erectile dysfunction (ED), making it an unapproved new drug. The active drug ingredient is not listed on the label for this product.

Use of this product may pose a threat to consumers because the analogue may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels.

The firm says it has not received any reports of adverse events related to this recall or is aware of any illnesses associated with this product.

Lightning Rod capsules are sold nationwide via internet in 3 capsule count and 12 capsule count bottles between August 2012, and May 3, 2013.

Customers who have purchased the product in question should return any unused product for a full refund, to the company directly.

Consumers with questions can call 747-444-1843, Monday through Friday 9:00 AM to 5:00 PM PST, for instructions on the return and refund process.  

According to the Armed Forces Health Surveillance Center, one in eight troops coming back from Iraq and Afghanistan were referred to counseling for alcohol dependency. One in four had a substance abuse disorder.

But when it comes to receiving help for their addictions and other needs, many veterans are put on long waiting lists and aren't getting the quick help they need.

Yesterday, the Department of Veterans Affairs (VA) said it would finally try to clean up some of its claims backlog (story). 

Veterans who have been waiting one year or more for their benefits will have their cases expedited so they can receive things like compensation, educational reimbursement and help with alcohol or substance abuse, the VA said.

Paul Rieckhoff, CEO and Founder of Iraq and Afghanistan Veterans of America (IAVA), said officials on both sides of the political aisle have come together to solve this issue.

"The growing impatience over the VA disabilities backlog is one of the few genuine bipartisan issues in Washington today," he said. "IAVA thanks leaders in the Senate for their bipartisan efforts to help end the backlog and ensure that veterans get the care they need. Our veterans now need to hear from the President about how he plans to bring the number of veterans in the backlog to zero."

Letter to Obama

In a letter to President Obama, a number of senators specified just how bad the backlog is. They wrote:

"In the last four years, the number of claims pending for over a year has grown by over 2000% despite a 40% increase in the VA's budget.

As a reminder, during this same time period, Congress has given VA everything it has asked for in terms of more funding and more employees; however, this has not eliminated the backlog of claims. Solving this problem is critical for veterans of all generations.

We need direct and public involvement from you to establish a clear plan to end the backlog once and for all."

The promise to clean up some of the backlog is great news for people like Army veteran Paul Barron, who has been waiting a ridiculous amount of time to receive his benefits.

"I've been waiting three years for disability," he told a Connecticut news outlet. "I got Hepatitis C from the shots they give you in the Army."

Many times veterans pass away before every getting to see their benefits.

Dramatic increase

During President Obama's first term in office the number of surviving families waiting for burial benefits has dramatically increased.

Before Obama took office the number of people waiting for burial benefits was 23,000 and now it's swelled to 65,000. And the dollar amount that families are waiting for is somewhere between $600 and $2,000, reports show.

But veterans and their families finally receiving benefits isn't all about money, said Sheryl Ann Cornelius.

She is the widow of Jack Cornelius, who committed suicide in 2009 after  suffering from alcoholism, depression and post-traumatic stress. Sheryl was initially denied burial benefits after her husband killed himself and it took a whole year for the VA to reverse its decision.

In the amount of time that Sheryl had to wait for an appeal decision, she lost her home through foreclosure and accumulated even more debt as she tried to pay off a loan that she took out for the funeral.

But receiving money from the VA was only part of what Sheryl needed: "I needed the money," she said in an interview with The Daily Beast. "But it was more important to me that the government admit that his death was caused by the war, that someone take responsibility for it."

More can be done

Although the VA is trying to clear out some of its backlog by making provisional decisions on its most outstanding claims, many believe a lot more can be done. Rep. Tom Graves (R-Ga.) said the VA should bring in outside companies to help with the backlog.

"It's also time to think outside the box when it comes to fixing the VA," he wrote in a recent op-ed piece. "In a digital age, they are under a crush of paper files -- literally. An inspector general report on the Winston-Salem VA office found that 37,000 claims folders were stacked on top of file cabinets."

"Why don't we ask tech giants like Apple, Microsoft, Google and Facebook to help?"

"Our veterans deserve the best system, and it makes sense to ask some of the most innovative companies of our time to either collaborate, or bid for a contract, to create a paperless claims system of ease and efficiency for veterans and the employees at the VA," Graves said.

Most people have some sort of goal in mind when they think about retirement. Financial planners have always thought of it as a number – an amount of money someone needs to live after they stop working.

It turns out consumers don't really think of it that way. Bank of America Merrill Lynch was astounded by a survey it commissioned of people getting ready to retire and those who had already retired.

The No. 1 goal for retirement was not building wealth but achieving peace of mind. And for many who are approaching their retirement years, that translates into remaining in the labor force.

“The idea of working a few extra years, cycling between work and leisure, has gone from being an outlier to being a core assumption in terms of how pre-retirees expect to spend their later lives,” said Andy Sieg, Merrill's head of Global Wealth and Retirement Solutions, in a conference call with reporters.

Charting a new course

Baby boomers, of course, are the ones charting this new course in retirement planning. The survey shows that not only do they expect to keep working, they also plan to do something different.

“When we drill down a little bit with pre-retirees we see that 51% are actually looking to reinvent themselves and try a whole new career in retirement,” Sieg said. “To them, retirement represents freedom and a flexibility to re-envision their lives and the boomers intend to grab that with both hands.”

As you might expect from boomers, retirees and those preparing to retire aren't defining their happiness in terms of money but instead value new experiences, peace of mind, making a difference and helping family members.

“Americans are trying to create their own safety net,” said David Tyrie, Merrill's head of personal wealth and retirement. “What they are seeking is guaranteed income, guaranteed principal value, protection against the curve ball of long-term care and a drive toward security.”

Reducing living expenses

For many retirees, part of that security and peace of mind could come from downsizing and reducing living expenses. If you aren't commuting to a job every day, it probably doesn't matter where you live. After all, some places are cheaper to live than others.

Bankrate.com has compiled a list of what it considers the top 10 states for retirement, based on the cost of living. The list includes, surprisingly, North Dakota. While many retirees seek the sun of Florida or Arizona, Bankrate says the frigid state of North Dakota offers good health care, low crime and a mild tax rate.

Other states of the list include places not normally thought of as retirement Meccas; Nebraska, Alabama, West Virginia, Virginia, Mississippi, Kentucky, South Dakota, Louisiana and – topping the list – Tennessee. The Volunteer State offers affordable housing and the second lowest overall cost of living in the nation.

Since a mortgage payment is most families' biggest expense, being able to purchase a home for cash can go a long way in the peace of mind department. Retirees in expensive housing states, like New Jersey, New York, Maryland and California can sell homes they've owned for a long time and use the equity to purchase a home in a less expensive state.

Benefits of no mortgage

The retired homeowner who pays cash for a house will still have to pay taxes and insurance on the property but will not have the principal and interest payment each month. It can make a big difference in a monthly budget and allow retirees to live on less income, or use more of their income to help family members – which the Merrill survey found to be a large motivating factor.

“We're heard talk of the sandwich generation, with an adult providing support for a parent and an adult child,” said Dr. Ken Dychtwald, CEO of Age Wave, which conducted the Merrill survey. “This looks more like a Rubik's Cube in a way.”

The survey found over half of those questioned expected to dip into their retirement savings to help out one or more family members. While it might place more pressure on the retiree, it might also be a source of their ultimate goal of achieving peace of mind if they are able to do it.

Data brokers are always assuring consumers that their data is never misused, always handled with care and so forth. But the reality doesn't always measure up to the promises, as the Federal Trade Commission (FTC) found when it conducted what amounted to a sting operation.

FTC staff members posed as individuals or representatives of companies seeking information about consumers to make decisions related to their creditworthiness, eligibility for insurance or suitability for employment.

As a result, the agency has sent warning letters to ten data broker companies warning that their practices could violate the Fair Credit Reporting Act (FCRA).

Data broker companies are considered consumer reporting agencies under the FCRA, meaning they must reasonably verify the identities of their customers and make sure that these customers have a legitimate purpose for receiving the information.

Of the 45 companies contacted by FTC staff in the test-shopper operation, ten appeared to violate the FCRA by offering to provide the information without complying with the law’s requirements.

The ten companies receiving the warning letters from the FTC include:

• Two companies that appeared to offer “pre-screened” lists of consumers for use in making firm offers of credit: ConsumerBase and one additional company;
• Two companies that appeared to offer consumer information for use in making insurance decisions: Brokers Data and US Data Corporation; and
• Six companies that appeared to offer consumer information for employment purposes: Crimcheck.com, 4Nannies, U.S. Information Search, People Search Now, Case Breakers, and USA People Search.

The letters are meant to remind the companies to evaluate their practices to determine whether they are consumer reporting agencies, and if so, how to comply with that law.

Debt-relief services that charge illegal advance fees typically are the subjects of civil complaints and usually manage to settle the charges before things go too far but one New York area company isn't so lucky.

The Consumer Financial Protection Bureau (CFPB) today filed a complaint in a federal district court in New York against two debt-relief service providers and the U.S. Attorney promptly indicted one of them on criminal charges.

“Today’s action takes aim at two operations we believe are designed to profit through unscrupulous and illegal business practices,” said CFPB Director Richard Cordray. “Consumers deserve better and we are proud of this coordinated effort with the Department of Justice and U.S. Attorney Preet Bharara to crack down on harmful behavior.”

According to the CFPB complaint, the defendants, Mission Settlement Agency of New York and Premier Consultant Group LLC of New Jersey routinely charged consumers upfront fees prior to settling the consumers’ debts. As a result of the fees and the companies' alleged failure to do anything about their customers' debts, many consumers fell further into debt and damage their credit history.

Indictments issued

Bharara, meanwhile, announced that Mission and its owner and three employees have been indicted on criminal charges of mail and wire fraud in what he said was a multi-million dollar scheme that victimized more than 1,200 debt-ridden individuals across the country.

The defendants allegedly tricked people into paying for debt settlement services by lying to prospective customers about their fees, and their purported affiliation with the federal government and one of the three leading credit bureaus in the U.S., as well as the results they supposedly achieved for their customers.

In connection with the scheme, Mission allegedly took in over $6.6 million in fees. For over 1200 of its customers, Mission took fees totaling nearly $2.2 million and has never paid a penny to the customers’ creditors, Bharara said. 

 “As alleged, Mission preyed upon the financial desperation of people around the country who – like so many ordinary Americans – were simply struggling to pay down their debts after the financial downturn," Bharara said. "But the true mission of Mission turned out to be fraud and deceit, and for more than 1,200 consumers, the dream of debt relief turned into a nightmare of deeper debt trouble."

Besides the criminal charges in the indictment, the CFPB alleges that all of the defendants violated the Federal Trade Commission’s Telemarketing Sales Rule (TSR).  In addition, the Bureau alleges that Mission and its principal, Michael Levitis, engaged in deceptive and unfair practices in violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The CFPB said today's action is part of a comprehensive effort to prevent consumer harm in the debt-relief industry.

"The Bureau is working to ensure federal consumer laws are being followed at every stage of the process and is focusing not only on debt-relief service providers, but also on those who facilitate their unlawful conduct and who may also violate federal consumer financial laws," it said in a statement.

For most kids in the United States the school year will be ending in a little over a month and summer vacation will begin. Some kids won't touch a text book until September hits and they'll take the entire summer to get a break from school work.

However other children will use their summer break to brush up on certain lessons or take actual classes to get ahead of the new school year. But is going to classes during the summer and having year-around schooling the best thing for kids? Don't they need a break?

To get an idea of how parents should introduce school work to their children over the summer time, we spoke to Jerry Weichman, Ph.D., who's an expert on teen and preteen issues and has a clinical psychology practice at the Hoag Neurosciences Institute in Newport Beach, Calif.

Weichman says if parents do decide to give lesson plans to their children over the summer, they should be careful not to overdo it.

"First of all, life in itself is about balance, so you want to find the same balance with school," says Dr. Weichman, who is the author of How To Deal, a self-help book for teens. "When the kids go through their nine-month school systems, then what you really want to do is give them at least a week or two of downtime just to kind of transition them into summer a little bit."

"I think at the onset of summer break you need to have a discussion with them about what it's going to look like as far as the educational lessons and how it's going to work," Weichman said. "A lot of the kids will push back and fight it if they feel it's sprung upon them, but if you can introduce it in advance they usually have less resistance."

Necessary for everyone?

Clearly, there are benefits for some kids who continue their studies during the summer, but is school work during breaks necessary for all kids?

Weichman says since each child is different, and parents really have to gauge for themselves if school work during the summer is best for their child.

Some kids "can go without it," he says. "All the kids are obviously different so it's easier for some kids to transition in and out of school than it is for others."

"For the ones who have a more difficult transition, as far as more resistance or slower getting out of the gate when school starts or come off of breaks, I think those are the kids that need some type of educational system that's in place for summer."

In addition, Weichman says educational lessons during school breaks can provide a level of consistency for those children who take a while to get back into the educational swing of things.

But the kids who seem to jump right back into the school year without difficulty may not need to do school work during their breaks.

Spark their interest

And Weichman says parents need to provide an extra amount of motivation for those kids who don't get the best grades during the school year. 

"For the ones who didn't do well in school last year, I think it's important to kind of spark their interest a little bit," he says. 

"Depending on their age, having them shout out professions they're interested in [is good]. Going to the courthouses if they're thinking about being a judge and kind of introducing them to the different professions."

"If you have people that can connect them, that will sometimes spark their interest."

What doesn't spark a child's interest in school work is the kind of work that he or she doesn't find fun or enjoyable, says Weichman, especially younger kids. Many times parents will see an academic decline in students between the fifth and the ninth grade, and Weichman says this is often a result of kids not finding their work fun.

A lot of kids will only do work they find enjoyable. And if it isn't fun to do, they'll give teachers and parents resistance. And for children who have a problem staying motivated during the school year, it's crucial for parents to instill a work-before-play rule, says Weichman.

In addition, he says parents bringing their children to college tours during the summer is a big part of keeping them motivated.

"If you have an eighth through eleventh grader, I think college tours are important," he says. "You don't need to fly out of the country or visit Harvard, but I think it's important to have an idea what college is really like."

Having children visit a college campus will give them a better sense of why they need to do well in school, said Weichman, which can help with their focus during the school year.

Younger kids

For younger kids who are just learning to read or write, Weichman says parents have to make educational lessons extra fun during the summer time.

For younger kids "you really want to make it fun, and creative," Weichman says. "Museums are a great avenue for that. It'll spark their interest."

"I also think it's important for parents to utilize math, science, English, history, and integrate it into really enjoyable activities that they're doing over the summer," Weichman said. "An example would be why you're standing in line at Disneyland, have them count the number of people in line and multiply by the number of rides in the park and estimate how many people are there that day."

And it's not a bad idea to speak to your child's teacher to get their advice on lesson plans during the summer, says Weichman.

So whether it's your child's teacher from their last year of school or it's their teacher from the new school year, getting professional input can really help.

Lastly, Weichman says parents should remember that everyone needs a break and kids are no different from adults who need time off from their jobs. So if parents are deciding to put their kids in structured classes during the summer, it doesn't have to be all day, every day.

"Kids need to recharge just like we do as adults," Weichman says.

"Adults burn out when they're working all day, all year and they need that downtime or vacation to recharge and come up for air, so they can continue to do what they're doing."