Current Events in November 2014

ITG Voma Corporation is recalling 94,890 Capitol Precision Trac II tires, sizes 245/70R17, 235/70R16, 235/75R15, 245/70R16, 245/75R16, 255/70R16, and 265/75R16.

The recalled tires may experience a tread separation resulting in sudden air loss, which could increase the risk of a vehicle crash.

ITG Voma will notify the distributor, American Tire Distributors, and dealers will replace the affected tires, free of charge. The recall began in October 2014.

Owners may contact American Tire Distributors at 1-704-992-2000.

A war is brewing over yogurt. Call it a culture war.

In fact, that's exactly what the Cornucopia Institute, a group supporting “family-scale” farming, calls it in a new report that has some rather harsh things to say about major yogurt manufacturers.

In its report, the group accuses food marketers of misleading parents with their marketing approach, capitalizing on yogurt's reputation as a healthy product while “simultaneously adulterating the product, sometimes illegally, to gain competitive advantage and popular appeal.”

“What is most egregious about our findings,” said Mark A. Kastel, Co-director of The Cornucopia Institute, “is the marketing employed by many of the largest agribusinesses selling junk food masquerading as health food, mostly aimed at moms, who are hoping to provide their children an alternative, a more nutritious snack. In some cases, they might as well be serving their children soda pop or a candy bar with a glass of milk on the side.”

ConsumerAffairs reached out to the International Dairy Foods Association, which represents dairy manufacturers, for a comment but did not get a response by publication time.

Two major complaints

Cornucopia, based in the heart of Wisconsin dairy country, has 2 major complaints about most mass-marketed yogurt. It claims the fruit flavored kinds don't actually contain real fruit. Second, it has a beef with the way the yogurt is sweetened.

If it isn't loaded with sugar, the group says, it is sweetened with artificial sweeteners like aspartame.

The report quotes Yale professor of molecular, cellular and developmental biology Qing Yang as linking the use of artificial sweeteners with the rise of obesity. The group also links artificial sweeteners to tumors and neurological diseases in laboratory animals.

The Cornucopia Institute doesn't want consumers to abandon yogurt, just stick to organic brands. It says it tested yogurt purchased directly from supermarkets and measured it against top-rate organic brands. It says the organic yogurt contained higher levels of beneficial bacteria than some of the most popular brands displaying the dairy industry's Live and Active Cultures seal.

FDA complaint

The group is pressing its case among regulators, filing a formal complaint with the Food and Drug Administration (FDA), asking the agency to investigate whether or not certain yogurt on the market, manufactured by such companies as Yoplait, Dannon, and store brands including Walmart’s Great Value, violate the legal standard of identity for products labeled as yogurt.

The group says the legal definition of “yogurt” should be enforced for product labeling, just as it is for products labeled as “cheese.”

At present federal health officials make no distinction between mass-marketed and organic yogurts. The Center for Disease Control and Prevention's (CDC) Health and Sustainability Guidelines for Federal Concessions and Vending Operations, issued in June, includes “low-fat milk, yogurt and cottage cheese.”

Honda has admitted it failed to tell federal safety regulators about more than 1,700 deaths or injuries involving possible safety defects in its cars. The admission more than doubles the actual number of deaths and injuries involving Honda vehicles, bringing the total to 2,843, more than twice as many as the 1,114 it initially reported.

Under the TREAD Act, which went into effect in 2003, automakers must submit quarterly reports of all incidents potentially involving safety defects. TREAD -- the Transportation Recall Enhancement, Accountability and Documentation Act -- was enacted after more than 250 people were killed and hundreds more injured in accidents involving tread separation on tires produced by Bridgestone/Firestone. Most of those accidents involved Ford Explorers.

Penalties for violating TREAD are stiff and Honda could face a $35 million fine, plus untold damage to its reputation. Safety advocate Clarence Ditlow, who heads the nonprofit watchdog group, the Center for Auto Safety, is urging the National Highway Traffic Safety Administration (NHTSA) to impose the maximum fine.

“It strains credulity that a sophisticated company like Honda could make so many data-entry errors, coding errors and narrow interpretations of what’s a written claim,” Ditlow said, according to the Wall Street Journal.

Joan Claybrook, a former NHTSA administrator told Bloomberg: “It’s quite shocking Honda would behave this way. They’ve put their company reputation at risk.”

Unreported incidents

The unreported Honda incidents include a variety of issues, including eight linked to the defective Takata airbag inflators that potentially could affect millions of vehicles.

The company is blaming data entry and computer programming errors for the omission.

The TREAD Act requires manufacturers to report, by number, the warranty and property damage claims received from customers. In an internal audit, Honda said it found determined that regular warranty claims were properly reported to the NHTSA. However, certain special warranty claims, including “good will” warranty, and extended warranties for certified pre-owned vehicles and under third-party service contracts were not properly reported.

Further, instead of reporting all property damage claims, as required, Honda was reporting only property damage claims that it had denied, while those claims that it accepted and paid to customers were improperly included in the count of warranty claims, the company said in a prepared statement. The net result is that Honda over-reported these as warranty claims and under-reported property damage claims.

"Honda takes these findings extremely seriously. We are taking immediate corrective action, and we continue to fully cooperate with NHTSA to resolve this matter," said Rick Schostek, executive vice president, Honda North America, Inc.

Honda has already been the target of criticism from safety advocates for its slow response to the Takata airbag problem, which so far has been found to affect about 5 million Honda and Acura vehicles.

The company is already facing a blizzard of lawsuits alleging deaths and injuries from Takata airbags that exploded and sent deadly shrapnel flying into the passenger compartment.

The largest fine NHTSA has levied for lack of compliance with its early-warning reporting system was a $3.5 million penalty last month against Ferrari S.p.A. for failing to file information on alleged defects and three deaths, according to Automotive News.

Corrective actions

Honda said it has begun to take a number of steps to prevent future reporting errors. In a fact sheet on its website, it listed these corrective measures:

• Honda has already corrected the computer programming issue and mapped the complete universe of Honda's codes to corresponding NHTSA component codes.
• Honda will voluntarily include both written and oral claims of injuries or death in all future Early Warning Reports.
• Honda will implement full training regarding the data entry process, including refresher training with detailed written guidelines.
• Honda is in the process of enhancing its oversight of the Early Warning reporting process.
• Honda will make organizational and staffing level changes in the functional areas responsible for its Early Warning reporting.
• Honda will reprogram warranty and property claims to the EWR reporting system so that all warranty claims are included, and property damage reports will be included whether they are paid or denied.

Amazon isn't invading Uber's find-a-ride turf yet but it's big-footing it into another fast-growing niche -- the home handyman field. Not actually doing the work, you understand, just putting homeowners together with jacks of all trades.

This domain has so far been dominated by companies like Angie's List and HomeAdvisor. Yelp, of course, is the go-to review source for such things but doesn't (yet) actually book the job for you.

Amazon, on the other hand, will do anything from air duct cleaning to wireless printer set-up, all as part of a beta program called Amazon Local Services, currently operating in parts of nine states.

So, let's say you want to buy a 60-inch flat-screen TV for the holidays. Amazon will happily sell you the TV and the mounting bracket and send someone out to drill a few holes and fasten it to your wall.

If you're in an area where home services are offered, when you're looking at products that need installation, Amazon will display a button offering to install your TV. Click the button and you get a list of local service providers, along with links to their Yelp reviews.

Amazon says it will check out its handymen, making sure they're licensed, insured and so forth. It will also offer a moneyback guarantee, something that's rare in the handyman field.

Eventually, Amazon reportedly hopes to expand the listings to include such things as fitness coaches and music teachers. Maybe, someday, psychiatrists? 

These are the states and cities where the services is currently being offered, according to its website: 

California

• Los Angeles-Long Beach-Anaheim Area
• Riverside-San Bernardino-Ontario Area
• San Diego-Carlsbad Area
• San Francisco-Oakland-Hayward Area
• San Jose-Sunnyvale-Santa Clara Area

Florida

• Miami-Fort Lauderdale-West Palm Beach Area

Georgia

• Atlanta-Sandy Springs-Roswell Area
• Macon Area

Kansas

• Wichita Area

Kentucky

• Lexington-Fayette Area

New York

• New York City Area

Texas

• Houston-The Woodlands-Sugar Land Area
• San Antonio-New Braunfels Area

Washington

• Seattle Area

Wisconsin

• Green Bay Area

The gift card is perhaps the easiest gift to buy. It's essentially handing someone cash, except it's dressed up in an attractive plastic card, held in a matching holiday themed folder.

What could be easier? And while a shopper may feel they are copping out, a survey suggests many people would actually rather get a gift card than another sweater that they'll probably return anyway.

The National Retail Federation's 2014 survey found 60% of both shoppers and recipients say they would rather receive a gift card than anything else on their list. But a study by e-gifting firm CashStar has found that many consumers feel guilty asking for a gift card instead of a nicely wrapped gift.

According to the survey 60% of consumers – and 70% age 35-44 – prefer to receive a gift card but 30% say they feel guilty asking for one, with most saying it feels like “asking for cash.”

Shoppers like them too

But the survey also shows that the people doing the shopping are delighted when they see a gift card on someone's wish list. Seventy-eight percent said their reaction would be, “great, that’s an easy gift to buy and check off my list.”

CashStar says the number jumps to 87% among grandparents. Just 9% of all respondents said they would feel awkward buying a gift with a clear monetary value associated with it.

There's another advantage. You don't have to fight the crowds on Black Friday for a door-buster deal. A gift card can be purchased anytime and the price is going to more or less be the same – though there may be some advantages to buying them at one retailer over another.

Incentives

For example, Kroger, which sells a wide variety of gift cards from popular retailers, is offering 4 times the value of gift card purchases in fuel points, redeemed by customers when they buy gas at Kroger gas pumps.

Retailers have also picked up on the popularity of gift cards and have worked them into their holiday promotions. In its pre-Black Friday sale, Walmart offered a $100 Walmart gift card with the purchase of an iPad Air 2.

Precautions

While buying gift cards is easy and consumers apparently like to receive them, there are still some precautions shoppers should take.

First, it's usually better all the way around to buy a gift card for a specific retailer, even though a general card issued by Visa or American Express is more flexible. If the recipient loves to shop at Target and you give her a Target gift card, it shows you put a little thought into the purchase – its a little less like handing her 50 bucks.

Second, a retailer-specific gift card has been shown to hold its value better. Research by Bankrate.com last year found only 1 in 9 brand-specific gift cards charge purchase fees, compared to 100% of general-purpose gift cards.

The researchers checked out 55 popular brand-specific cards and found only 3 charged a purchase fee to all customers, and 3 others charge a purchase fee in some cases.

The 7 general-purpose cards in the survey all charge purchase fees, eroding the value of the gift.

Improved safety

Gift Cards are also a safer gift than they once were. The Credit Card Accountability Responsibility and Disclosure (CARD) Act, passed in 2009, provides that gift cards cannot expire within five years from the date they were activated and generally limits inactivity fee on gift cards except in certain circumstances, such as if there has been no transaction for at least 12 months.

In addition, the Bankrate survey found 69% of gift card issuers will replace the card and/or funds in the event of loss or theft.  

There is nothing cozier than a nice warm fireplace beautifully lit with a big hot cup of cocoa. But there is one sure way to ruin the ambiance and that's when your fireplace smoke fills the room and your smoke detector goes off. Take it from one who knows. It's a good idea to have a little knowledge about fireplaces.

First off, the experts say you shouldn't be burning the flames for more than 5 hours tops. It's not a furnace or a wood-burning stove -- it's there for ambiance.

It's a good idea to leave a window open a little bit when you have a fire going. It will help the fireplace -- and you -- "breathe" a bit better. The colder air coming in from the window will go up the chimney.

You can check to make sure the smoke will go up the chimney properly by lighting a match, quickly blowing it out and watching the smoke to see whether it's going up and out or just hanging around in the room.

Sparks have a tendency to fly. That's why it's a good idea to get a nonflammable rug at a fireplace supply store and put it in front of the fireplace. That way if something does spark and fly out your whole carpet won't have a meltdown.

They have pokers for a reason -- to move the logs around. Your hand and arm as well as your fingers have a tendency to burn and you know if you even burn yourself slightly with an a iron or something, it hurts! So keep hands and extremities out of the fireplace.

Also avoid sticking your head in the fireplace. Besides getting covered with soot, you're likely to bonk it badly.

The world of wood

You might need a little basic knowledge of the world of wood. It's measured by cords. A cord of wood is defined as a stack of cut firewood that measures 4 feet tall by 4 feet wide by 8 feet long, or any other arrangement that equals 128 cubic feet. The individual pieces must be stacked side by side rather than the looser crisscross style.

Who would have thought that wood holds water? Well, it does, and the more water the worse the wood is for burning. Freshly cut wood is composed largely of water. Not only is this “green” wood difficult to ignite, but burning it can lead to a dangerous buildup of creosote, the cause of chimney fires.

Properly “seasoned” firewood is wood that has been cut to length, split, and allowed to air dry for at least six months, or until the moisture content dips to around 20%. Dry wood will appear grayish in color and the pieces will begin to exhibit splits and cracks on the ends. Compared to freshly cut wood, seasoned wood feels light for its size.

Dr. John Ball, Professor of Forestry at South Dakota State University, says it’s a common misconception that burning soft woods, such as pine and cedar, leads to dangerous creosote buildup. As long as the firewood is properly seasoned, it can safely be burned in a fireplace or stove regardless of species.

Fireplace coals can stay hot for up to 3 days so you want to wait at least that long before you decide to clean them up. Don't use a vacuum. Just the tinest spark can cause a fire.

The National Fire Protection Association recommends that chimneys be swept at least once a year at the beginning of the winter to remove soot and debris. Find a certified sweep in your area via the Chimney Safety Institute of America.

While everyone is out hustling and bustling trying to get the best deals on gifts, some people are just trying to deal period, knowing they are facing their in-laws. The thought of it just makes them tense and sort of brings out the worst in everyone. My best friend calls her mother-in-law Monster-in-Law.

To keep things from spiraling out of control, start by realizing what you are really dealing with, and that's a control issue. Keep this little mantra for yourself -- your in-laws’ comments aren't about you, they're a reflection of them. They don’t like to acknowledge that they are getting older and some of that parental power is losing its luster. Once you recognize this, you can let them know, gently, that this is the way you like to manage your child or feeding schedule or whatever the issue may be. Try to be open, though, to listening to what worked for them.

Here are some additional suggestions:

Be discreet. Boundaries are so important, especially emotional ones. Limit your opinions about things and don't spill your guts about your life. Keep your private life private. Establish some limits as to how much you are willing to reveal and how much you are willing to accommodate others.

Try to listen. Let the in-law have the stage. Don't yawn a lot. You might learn a new joke or if you decide to play golf, how to putt better. Be gracious.

Do volunteer work. If you volunteer for a job like folding napkins or taking the dishes out, or keeping the kids entertained, it takes you out of the line of fire and keeps you busy.

Team up. Get your partner to go in as a united front. Your partner might have to talk to the in-laws alone or come to your rescue when you’re in their company. This may not be easy for them, and try to avoid putting your spouse in the middle but if you do see where conflict can arise, it would be good for your partner to step in and balance it out because parents tend to push our buttons.

Be realistic. Movies are fantasy and Norman Rockwell pics, as lovely as they are to look at, are outdated. Times have changed and you have to deal with what is real, so if your father-in-law eats all the nuts before everyone else every year, and it drives you nuts, plan ahead and buy more. Just remember we all are human and you can't change anyone so try and find one thing you like about them and focus on it for the duration of the visit.

Holidays are about creating traditions and memories and that's what you are there to do. Keep the good from your past and focus on the now and what memories you are making for the future. Just keep your cool -- it's only for a limited amount of time and then it's over.

Sony has agreed to cough up partial refunds for consumers who bought the PlayStation Vita handheld gaming console during its U.S. launch campaign in late 2011 and early 2012, after the Federal Trade Commission charged that it deceived consumers with false advertising claims about the “game changing” technological features of the handheld gaming console.

Sony will provide consumers who bought a PS Vita gaming console before June 1, 2012, either a $25 cash or credit refund, or a $50 merchandise voucher for select video games and services. Sony will provide notice via email to consumers who are eligible for redress after the settlement is finalized by the Commission.

“As we enter the year’s biggest shopping period, companies need to be reminded that if they make product promises to consumers -- as Sony did with the “game changing” features of its PS Vita -- they must deliver on those pledges,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not hesitate to act on behalf of consumers when companies or advertisers make false product claims.”

As part of its launch campaign for the PS Vita, Sony claimed that the pocket-sized console would revolutionize gaming mobility by enabling consumers to play their PlayStation 3 games via “remote play,” and that they could engage in “cross platform” play by starting a game on a PS3 and then continuing it on the go, right where they left off, on a PS Vita. The FTC alleges that each of these claims was misleading.

Misleading claims

In a related action, the Commission charged that Deutsch LA, Sony’s advertising agency for the PS Vita launch, knew or should have known that the advertisements it produced contained misleading claims about the console’s cross platform and 3G capabilities.

The FTC also alleges that Deutsch LA further misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony. Under a separate settlement order, Deutsch LA is barred from such conduct in the future.

The PS Vita is a handheld gaming console that Sony first sold in the United States in February 2012 for about $250. Unlike the PS3, which allows consumers to play video games on a television, the PS Vita is a portable device that enables gamers to play “on the go,” untethered to a television screen.

The FTC said Sony made false claims about the PS Vita’s “cross platform gaming” or “cross-save” feature. Sony claimed, for example, that PS Vita users could pause any PS3 game at any time and continue to play the game on their PS Vita from where they left off. This feature, however, was only available for a few PS3 games, and the pause-and-save capability described in the ads varied significantly from game to game.

The FTC’s complaint also alleges that Sony’s PS Vita ads falsely implied that consumers who owned the 3G version of the device (which cost an extra $50 plus monthly fees) could engage in live, multi-player gaming through a 3G network. In fact, consumers could not engage in live, multiplayer gaming.

When you step up to the counter at your favorite fast-food restaurant and order a bacon double-cheeseburger, do you REALLY care how many calories it contains? How about that Snickers bar you get from a vending machine?

Well, the folks in the federal government seem to think you do and -- as a result -- the Food and Drug Administration (FDA) has issued two final rules requiring that calories be listed on certain menus in chain restaurants and other places selling restaurant-type food, and on certain vending machines.

“Americans eat and drink about one-third of their calories away from home,” says FDA Commissioner Margaret A. Hamburg, M.D. “These final rules will give consumers more information when they are dining out and help them lead healthier lives.”

The goal, according to FDA, is “to provide consumers with more information in a consistent, easy-to-understand way.”

What’s covered

The menu labeling rules, which take effect in 1 year for restaurants, apply to restaurants and similar retail food establishments that are part of a chain with 20 or more locations and doing business under the same name; offer basically the same menu items; and sell “restaurant-type” food.

Specifically, they cover:

• Sit-down and fast-food restaurants, bakeries, coffee shops and restaurant-type foods in certain grocery and convenience stores.
• Take-out and delivery foods, such as pizza.
• Foods purchased at drive-through windows.
• Foods that you serve yourself from a salad or hot-food bar.
• Alcoholic drinks such as cocktails when they appear on menus.
• Foods at places of entertainment, such as movie theaters.

The vending machine rules take effect in 2 years, and cover vending machines if their operator owns or operates 20 or more of them. Currently, calorie information is not always visible before items are purchased and removed from vending machines. Under the new rule, the calories will be listed on the front of the package or on a sign or sticker near the food or selection button.

What’s not covered?

Examples of food items that are not covered under the rule include:

• Foods sold at deli counters and typically intended for more than one person.
• Bottles of liquor displayed behind a bar.
• Food in transportation vehicles, such as food trucks, airplanes and trains.
• Food on menus in elementary, middle and high schools that are part of U.S. Department of Agriculture school feeding programs (although vending machines in such locations are covered).

What you will see

Calorie information on menus and menu boards will need to be clearly displayed. The calorie count cannot be in smaller type than the name or price of the menu item (whichever is smaller). For salad bars and buffets, the calorie information must be displayed on signs near the foods.

To help consumers put the calorie information in the context of their total daily diet, the rule calls for the following reminder to be included on menus and menu boards: “2,000 calories a day is used for general nutrition advice, but calorie needs vary.”

Menus and menu boards will tell consumers that they may ask for additional written nutrition information, which will include total calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, sugars, fiber and protein. The information may come from nutrient databases, cookbooks, laboratory analyses, the Nutrition Facts label, and other sources.

Consumers appear to be a little skittish heading into the Christmas shopping season.

The Conference Board reports its Consumer Confidence Index, which had rebounded in October from a September decline,fell again in November.

The Index now stands at 88.7 down 5.4 points from October. The Present Situation Index dropped from 94.4 to 91.3, while the Expectations Index posted a 6.8-point plunge -- to 87.0.

A dip in optimism

“Consumers were somewhat less positive about current business conditions and the present state of the job market; moreover, their optimism in the short-term outlook in both areas has waned,” said Lynn Franco, director of economic indicators at The Conference Board. “However, income expectations were virtually unchanged and gas prices remain low, which should help boost holiday sales.”

Consumers’ assessment of present-day conditions was moderately less favorable this month than in October. The proportion saying business conditions are “good” slipped from 24.7% to 24.0%, while those who think business conditions are “bad” increased from 21.3% to 22.4%.

Consumers also saw the job market as slightly less favorable, with the proportion stating jobs are “plentiful” falling from 16.5% to 16.0%, and those who believe jobs are “hard to get” edging up from 29.0% to 29.2%.

Consumer optimism, which had improved last month, retreated in November. The percentage of consumers expecting business conditions to improve over the next six months dropped from 19.4% to 17.6%, while those looking for a worsening jumped from 8.9% to 10.7%.

The outlook for the labor market was also less optimistic. Those anticipating more jobs in the months ahead dropped 1% -- to 15.0%, while those who see fewer jobs rose from 14.1% to 16.4%. The proportion of consumers expecting growth in their incomes slipped from 16.7% to 16.3%, while the proportion expecting a drop in income was virtually unchanged at 11.4% versus 11.3% in October.

The monthly Consumer Confidence Survey, based on a probability-design random sample, is conducted for The Conference Board by Nielsen, a provider of information and analytics around what consumers buy and watch. The cutoff date for the preliminary results was November 13.

A further look at the economic growth numbers for the third quarter suggests things were a little better than first reported.

According to the "second" estimate from the Bureau of Economic Analysis, real gross domestic product (GDP) -- the value of the production of goods and services in the U.S., adjusted for price changes -- increased at an annual rate of 3.9% in the during July, August and September. The "advance" estimate issued last month put the increase at 3.5%.

When combined with the 4.6% expansion in GDP in the second quarter, the result is the best six-month period of growth in 11 years.

It's important to remember, though, that the third-quarter figures are subject to another estimate, due out in December.

More information available

This latest estimate is based on more complete source data than were available for the "advance" estimate. With the second estimate, private inventory investment decreased less than previously estimated, and both personal consumption expenditures (PCE) and nonresidential fixed investment increased more. In contrast, exports increased less than previously estimated (see

The increase in real GDP in the third quarter reflected positive contributions from PCE, nonresidential fixed investment, federal government spending, exports, residential fixed investment, and state and local government spending. These were partly offset by a decline in private inventory investment. Imports, which are a subtraction in the calculation of GDP, decreased.

GDP inflation

The price index for gross domestic purchases, which measures prices paid by U.S. residents, increased 1.4% -- up 0.1% from the advance estimate; it increased 2.0% in the second quarter.

Excluding food and energy prices, the price index for gross domestic purchases -- the core rate -- increased 1.6% in the third quarter, compared with an increase of 1.7% in the second.

The complete GDP report is available on the Commerce department website.

Natura Pet Products is recalling certain lots of dry cat and dry ferret food produced in its Fremont, Nebraska facility.

Due to a formulation error, the products contain insufficient levels of vitamins and excess minerals.

There have been no reports of animal health concerns to date,

The affected product and lot codes are:

The recalled products were were distributed through independent retailers in California, Georgia, Michigan, Minnesota, Nevada, Pennsylvania, Texas, Vermont and Canada, as well as online. No other Natura products are affected.

Consumers who purchased the product should discontinue feeding the product immediately and discard as normal household waste.

Consumers may contact Natura consumer relations at 1-855-206-8297, Monday through Friday 9:00 AM to 6:00 PM EST.

The Kroger Co. is recalling select containers of Private Selection Denali Extreme Moose Tracks Ice Cream.

The product may contain peanuts, an allergen not listed on the label

The following product is subject to recall:

• Private Selection Denali Extreme Moose Tracks Ice Cream sold in 48-ounce containers with a "sell by" date of April 16, 2015 under UPC Code 11110-00456.

No customer illnesses have been reported to date.

People who are allergic to peanuts should return the product to stores for a full refund or replacement.

Stores in the following states are included in this recall:

• Bakers stores in Nebraska;
• Dillons stores located in Kansas and Missouri;
• Gerbes stores located in Missouri;
• Fred Meyer stores located in Alaska, Idaho, Oregon and Washington;
• Food 4 Less stores located in California and Nevada;
• King Soopers and City Market stores located in Colorado and Wyoming;
• Ralphs stores located in California;
• Smith's stores located in Idaho, Montana, Nevada, Utah and Wyoming and
• QFC stores located in Oregon and Washington.

Kroger, Food 4 Less (Chicago), Fry's stores and Smith's stores located in Arizona and New Mexico are not included in the recall.

Customers with questions may contact Kroger toll-free at 800-KROGERS (800-576-4377).  

CNN and other Turner Broadcasting channels have returned to the Dish satellite TV network after a one-month absence while the companies haggled over a new licensing agreement. The deal extends only through the end of March, however, so consumers who count on CNN, TCM and other Turner channels may want to re-examine their plans.

The CBS-owned stations in 17 markets are in the same boat, with contracts expiring in March and both sides beginning to rattle their sabers, threatening to throw consumers overboard as they jockey for advantage. 

Fourteen million consumers were left without CNN coverage of the unrest in Ferguson, Mo., the rape allegations against Bill Cosby, President Obama's speech on immigration reform and other topics covered at greater length on CNN than on entertainment-oriented channels during the black-out -- and they were not happy about it. 

"In all my years with cable I have never sat down to watch something and couldn't because the network didn't renew their contract," said Tamira of Los Angeles in a ConsumerAffairs review submitted yesterday. "It's been over a month now and Corporate Chairman Mr. Ergen says he's 'not concerned his customers won't be able to watch CNN.'"

"After reading the article reading Mr Ergen's quotes, I'm convinced I need to change networks. I'll probably go back to [AT&T Uverse]," Tamira said. "My advice, Dish has poor customer service and they appeal to the lower income with lower prices deals that attract you but give extremely poor customer service and could care less about providing a good service for what consumers want."

Used as pawns

Consumers are routinely used as pawns when program producers and cable/satellite channels go to war over splitting the pie. As usual, top executives were blasé about it and didn't bother to offer even a token of remorse for consumers' inconvenience. Dish CEO Charlie Ergen went so far as to call it a "non-event."

“Things like CNN are not quite the product that they used to be,” Ergen said on Nov. 4, TV Newser reported. Ergen told financial analysts CNN was "no longer a must-have" channel, according to Variety. 

The Turner and CBS disputes aren't really about money -- at least not the money that is paid directly to the channels by Dish. Rather, the argument involves who retains what rights for distribution elsewhere -- like, ahem, streaming on the Internet.

CBSNews.com recently started a streaming news service on the Web and program producers are increasingly looking to go "over the top" -- taking their shows directly to consumers and cutting out the satellite and cable companies, which are themselves planning over the top services.

Dish has said it is piecing together a streaming service that will be less expensive than its full-bore satellite line-up.

You've got to hand it to Redbox. It thinks big. And right now it's thinking of big price increases in the DVDs, Blu-ray Discs and videogames it rents from its familiar big red boxes.

On Dec. 2, the daily price of a DVD rental will go from $1.20 to $1.50 and a Blu-ray Disc will from from $1.50 to $2. In January, daily rental rates for videogames will go from $2 to $3. 

“With new-release movies for $1.50 a day, Redbox remains the best value in new-release home entertainment,” CEO Scott Di Valerio said in a statement. “The pricing adjustments announced today will allow Redbox to continue to offer consumers high quality movies and games while making investments to enhance the customer experience.”

The company said it has conducted extensive market testing over the last few months and is confident the increased revenue will exceed any losses in market share. However, Redbox caters to lower-income customers who can't afford cable or satellite hook-ups, so it's always possible the big red box may hit a big red wall if it gets too aggressive with its pricing. 

Redbox operates vending kiosks at more than 35,000 locations, including gas stations and grocery stores, as well as at some Walgreens, Walmart and McDonald’s locations.

The company says that besides raising prices, it is starting a new "recommendation engine" that will help customers find movies that they're likely to enjoy. It's said to be similar to the algorithms used by Netflix, Amazon and other companies that offer suggestions based on past buying habits. 

Alcohol consumption in the U.S. has been steadily rising since the end of Prohibition in 1933, peaking in the early 1990s. Not surprisingly, more Americans over the years have been treated for alcoholism.

But where is the line between heavy drinking and clinical alcoholism? A study in the Centers for Disease Control and Prevention (CDC) journal Preventing Chronic Disease says it isn't where you think it is.

The researchers found a distinction between drinking too much and being alcohol dependent. They say 9 in 10 Americans who drink too much shouldn't be classified as alcoholics.

“This study shows that, contrary to popular opinion, most people who drink too much are not alcohol dependent or alcoholics,” said Dr. Robert Brewer, Alcohol Program Lead at CDC and one of the report’s authors. “It also emphasizes the importance of taking a comprehensive approach to reducing excessive drinking that includes evidence-based community strategies, screening and counseling in healthcare settings, and high-quality substance abuse treatment for those who need it.”

But heavy drinking is a problem

But just because someone isn't classified as “alcoholic” doesn't mean they aren't doing real damage physically and socially. In recent years binge drinking has been a growing concern, especially among young adults.

Binge drinking is defined as 4 or more drinks on an occasion for women, 5 or more drinks on an occasion for men. Consuming 8 or more drinks a week for women or 15 or more drinks a week for men also falls within the binge drinking definition.

And it turns out millions fall into that category. The study found that nearly 1 in 3 adults is an excessive drinker, and most of them binge drink, usually on multiple occasions. That, in itself, is a big problem.

Death toll

The researchers say excessive drinking is responsible for 88,000 deaths in the U.S. each year and only 3,700 of those deaths are linked to alcohol dependence. Putting a dollar figure on all this imbibing, the tab came to $223.5 billion in 2006.

The alcohol-related deaths tracked by the study were due to health effects from drinking too much over time, such as breast cancer, liver disease, and heart disease. The National Institutes of Health (NIH) reports that 48% of all cirrhosis deaths in 2009 were alcohol related.

There were also serious health effects from drinking too much in a short period of time, such as violence, alcohol poisoning, and car accidents.

What to do

This may be timely information, coming at the beginning of the holiday season when alcohol flows with abandon. To get through the next few weeks without over indulging, specialists at the University of California Davis Health Center offer these tips:

• Think about how much alcohol you will consume before arriving at a party, then stick to your budget
• Don't pressure anyone to have another drink
• If you're the host, offer a wide selection of non-alcohol beverages
• If someone is intoxicated, don't serve them another drink and, by all means, don't let them drive home

Are there ways to reduce the growing tendency to drink to excess? The Community Preventive Services Task Force has recommended increasing alcohol taxes, regulating alcohol outlet density, and holding alcohol retailers liable for harms resulting from illegal sales to minors or intoxicated patrons.  

Though the ride-sharing service Uber has been controversial almost since its start, most of the previous controversies centered on reasons which ultimately were downright flattering to Uber: stodgy old-school hyper-regulated taxi cartels felt threatened by the innovative 21st-century business model harnessing bold new communications technologies to yadda yadda generate controversy.

But the latest Uber-centric controversy is considerably less flattering to the company. Last week, BuzzFeed reported that company executive Emil Michael floated the idea of dealing with any criticism of his company by digging up dirt on journalists who dared to criticize it:

Sarah Lacy, the editor of the Silicon Valley website PandoDaily .... recently accused Uber of “sexism and misogyny.” She wrote that she was deleting her Uber app after BuzzFeed News reported that Uber appeared to be working with a French escort service. ...

At the dinner, Michael expressed outrage at Lacy’s column and said that women are far more likely to get assaulted by taxi drivers than Uber drivers. He said that he thought Lacy should be held “personally responsible” for any woman who followed her lead in deleting Uber and was then sexually assaulted.

Then he returned to the opposition research plan. Uber’s dirt-diggers, Michael said, could expose Lacy. They could, in particular, prove a particular and very specific claim about her personal life.

Michael at no point suggested that Uber has actually hired opposition researchers, or that it plans to. He cast it as something that would make sense, that the company would be justified in doing.

They know where you go

Such an attitude arguably sounds bad when expressed by anyone, but are especially damaging coming from the executive of a tech company like Uber which, by its very nature, has access to lots of information of the sort its customers might prefer to keep private — in Uber's case, the company's very business model ensures that it knows where its customers live, what sorts of places they travel to, and when. (Indeed, with such information, you could prove lots of particular and specific claims about various people's personal lives, no?)

BuzzFeed reported this on Nov. 17. The next day, it reported that an Uber executive had used a program called “God View” to track a journalist's location and movements. Not that “God View” itself was breaking news by then; in early October, Forbes magazine reported that Uber used “God View” as a form of entertainment at company launch parties, letting staffers watch real-time views of who was using Uber at that moment, and where they were going.

Perhaps coincidentally, Uber updated its blog on Nov. 20 later to trumpet its new “privacy practices” which boil down to – nothing specific, though they sound good:

Our business depends on the trust of the millions of riders and drivers who use Uber. The trip history of our riders is important information and we understand that we must treat it carefully and with respect, protecting it from unauthorized access.

Ensuring that we have strong policies and practices in this fast-paced world of technology must be a constant quest. We have engaged Harriet Pearson, one of the most respected data privacy experts in the world and her colleagues at Hogan Lovells, to work with Uber’s privacy team. Hogan Lovells will conduct an in-depth review and assessment of our existing data privacy program and recommend any needed enhancements so that Uber can ensure that we are a leader in the area of privacy and data protection.

We’ve learned a lot in four and a half years and want to continue to improve on the innovative tools that help us deliver on our mission of providing safe, reliable, affordable transportation to anyone, anywhere, at any time.

That's Uber's new privacy-practices statement, in its entirety. However, critics might suggest that “unauthorized” access to Uber's customer data – say, hackers breaking into databases – is arguably less of a concern than what Uber's own executives might authorize.

State attorneys general from around the country are calling on the Federal Trade Commission to better protect consumers from unscrupulous telemarketers. 

“The consumer protection offices of the State Attorneys General are often at the ‘front line’ in fielding consumer complaints, taking up investigations, and pursuing legal actions against those who prey on victims through telemarketing and negative option scams,” said Ohio Attorney General Mike DeWine and 37 other attorneys general said in a letter to the FTC.

Specifically, the AGs want the FTC to update the Telemarketing Sales Rule, which they said no longer reflects the "realities of today’s marketplace."

In their comments, submitted by the National Association of Attorneys General (NAAG), the attorneys general support the existing Telemarketing Sales Rule but contend that the following are areas of concern:

• An increase in the number of fraud complaints from consumers who are contacted by telephone;
• The pervasiveness of general media solicitations and advertisements that have resulted in the growth of inbound telemarketing;
• The use of certain payment methods that allow retrieval of funds with little meaningful scrutiny of the recipient’s identity; and
• The pervasiveness of preacquired account marketing.

At home and away

Telemarketing and its abuses occur when consumers are engaged in phone calls with businesses in the privacy of their homes or on their personal cellular telephones, the AGs said.

According to recent statistics by the FTC, more than 3.7 million telemarketing complaints were filed with the Commission in fiscal year 2013. Telemarketing complaints also rank among the top five complaint categories received from citizens in many states.

In 2013, Do Not Call violations were the third most common category of complaints filed with the Ohio Attorney General’s Consumer Protection Section.

The states and territories that signed today’s letter are: Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, and Washington.