Current Events in February 2015

Sunrise Poultry Processors of Alberta, Canada, is recalling approximately 2,705 pounds of poultry products that were not presented at the U.S. point of entry for inspection.

Without the benefit of full inspection, a possibility of adverse health consequences exists.

There are no reports of adverse reactions due to consumption of these products.

The following items, produced on February 2, 2015, are being recalled:

• 40 lb. bulk cases of “Sunrise Poultry CHICKEN THIGHS.”
• 25 lb. cases of “Sunrise Poultry CHICKEN THIGHS BONELESS.”
• 25 lb. cases of “Sunrise Poultry BONELESS CHICKEN BREAST.”
• 2.5 lb. cases of “Sunrise Poultry CHICKEN WHOLE FRYER.”
• 4lb. cases of “Sunrise Poultry CHICKEN WHOLE FRYER.”
• 3.25- 3.75 lb. cases of “Sunrise Poultry CHICKEN WHOLE FRYER.”

The above products bear the establishment number “Canada 591” and were shipped to retail locations in Washington state.

Consumers with questions may Doreen Kerr, at (604) 596-9505.

Korean Food Co. of Irving, Texas, is recalling 8 boxes of (20 bag in each box) Go-Hang Soybean sprouts in 1-lb. and 2-lb. plastic bags and 8 10-lb. black plastic bags distributed Jan 30, 2015 - Feb 6, 2015

The products may be contaminated with Listeria monocytogenes.

No illnesses have been reported to date.

The following soybean sprouts products were distributed to KO-MART in Dallas and H-MART in Plano and Carrollton retail stores in Texas:

• 1-LB. SOYBEAN SPROUT BAR CODE - 42053-12100
• 2-LB. SOYBEAN SPROUT BAR CODE - 42053-13650
• 10-LB. SOYBEAN SPROUT BAR CODE - 42053-13690

Consumers who have the recalled products should return them to the place of purchase for a full refund.

Consumers with questions may contact the company at 213-500-1893, Sun-Sat, 24 hours a day.

The good news is that a new bill proposed in Congress this week would vastly increase consumers' rights of property ownership, by ensuring that software copyrights did not prevent ordinary people from buying or selling used electronics. The bad news is that the bill is very unlikely to pass; a similar version proposed last September died quietly in committee.

Two congressmen – Texas Republican Blake Farenthold and Colorado Democrat Jared Polis – have proposed the “You Own Devices Act.” (An earlier version of this bill, proposed last Sept. 18, died in committee before ever making it to a House vote.)

Yes, the bill's acronym does spell “YODA,” and yes, that was on purpose; when Rep. Farenthold announced the revived bill on his Twitter feed this week, he used Yoda-style syntax and other Star Wars references to do it:

Reintroduced #YODA bill, today I have. Luke didn’t have to re-license Anakin’s lightsaber, so why should you?

Re-licensing

“Re-licensing” is at the heart of what the YODA bill is all about. Last September, the day before he introduced the 2014 version of the You Own Devices Act, Farenthold attended a hearing on the Digital Millennium Copyright Act and expressed concern over the possibility that patent and copyright law might be getting confused, where consumer rights and protections are concerned.

“Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said at the time. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Current copyright law doesn't offer any way to draw distinctions “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone,” and the YODA, if passed into law, is supposed to fix that by adding the following provision to the copyright act:

“if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer program, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine.”

Under current American law, you can own the physical hardware components of electronics, such as the plastic and metal which comprises your computer, but you do not own the software required to actually use it as a computer rather than a big paperweight; as Farenthold said, you only license the right to use the software. This also means that if you sell the hardware, you lose the right to use the software (or that your software license does not transfer to the devices' new owner). Farenthold's bill proposes to end that status quo.

Luke's father's lightsaber

Remember his Tweeted joke mentioning how Luke Skywalker “didn’t have to re-license Anakin’s lightsaber”? Suppose you actually could buy lightsabers, and furthermore that they are computerized or otherwise run on software: under current American law, it is genuinely possible that Luke would be unable to use his father's lightsaber unless he first paid a “software licensing fee” to JediCorp or whoever, because Anakin's license to use the lightsaber died when he did.

That's not merely a hypothetical scenario, either. Companies have already used “software licensing” as a way to exert control over any secondhand market for their products (and make extra money off additional sales, too).

For example: if you're looking to buy some used Hewlett Packard servers from a previous owner who no longer needs them, you'll have to pay Hewlett-Packard $400 for what the company calls a “software license transfer.”

But if Farenthold's YODA bill is passed into law (advice: don't hold your breath waiting for that to happen, at least not this year), you or any other secondhand buyer would not have to pay that fee to Hewlett-Packard.

Like a book

Basically, the YODA bill would give software-run devices the same ownership status as pre-computer forms of media: right now if you own a physical copy of a book, you're allowed to sell it to someone else without first getting permission from the book's author (or whoever owns the copyright on that book).

Conversely, if you want to buy a secondhand book from its current owner, you can do so without paying additional copyright fees to the book's author. Your right to buy or sell used books falls under what's called the “Doctrine of First Sale,” which essentially says that a copyright holder can only control the first sale of a copyrighted work, but has no control over any secondhand market.

The Department of Justice's “Criminal Resource Manual” says this about “first sale doctrine”:

The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy.

Right now, the manufacturers of software-operated devices can use licensing to skirt around the first sale doctrine, as with those Hewlett-Packard servers mentioned earlier: you don't own the software required to run them, you merely bought a license granting you the temporary right to use it.

Ticketmaster has agreed to be more upfront with the restrictions on its paperless tickets. Missouri Attorney General Chris Koster reached agreement with the company after consumers complained who bought paperless tickets through Ticketmaster's website often did so without a full understanding of restrictions limiting transfer of the tickets.

The agreement with the state of Missouri covers all transactions offered on Ticketmaster's website, not just those transactions with Missouri consumers.

Ticketmaster employs paperless ticketing for some high demand events expected to sell out rapidly. Also known as credit card entry tickets, the paperless tickets associate the credit card used to purchase the entry with the person named on the card. There is no printed ticket or electronic ticket displayed on a smart phone. Instead, the purchaser presents the credit card used to make the purchase and a photo ID to enter the venue.

With traditional paper tickets, the only requirement for attendance at the event is possession of the physical ticket itself. But paperless tickets limit entry to the original purchaser only. Paperless tickets generally cannot be given away, sold, or transferred to someone else and a group of attendees must enter the venue at the same time as the credit card holder who purchased the tickets.

Koster said Ticketmaster did not prominently feature the limitations and conditions online as consumers were purchasing tickets, requiring consumers to take an additional step before being alerted to the restrictions

Limited time 

"Because Ticketmaster's website limits the time a consumer has in order to complete a purchase, many consumers are reluctant to take the time to click on and read the terms and conditions of paperless ticketing. As a result, many consumers could be unaware of the entry conditions at the time of purchase," said Koster. "Under this agreement, Ticketmaster will more prominently feature terms and conditions consumers need to know when buying a paperless ticket."

Koster said his office contacted Ticketmaster in August of last year and began negotiating an agreement with the company to satisfy concerns raised by consumer advocates and customers.

In the agreement announced today, Ticketmaster voluntarily agrees to clearly display the limitations of paperless ticketing before the consumer initiates the purchasing process, and again at the delivery method selection page after the consumer has entered payment information but before the purchase is completed.

Language modified

Effective immediately, Ticketmaster has modified the language in the portion of the website where a consumer selects the method of ticket delivery, to plainly and prominently notify consumers when proof of credit card used and valid ID are required, as well as the requirement that the entire group must enter at the same time. The notification states:  

"RESTRICTIONS APPLY; PROOF OF CREDIT CARD USED FOR PURCHASE AND VALID ID MAY BE REQUIRED FOR ENTRY.  TICKETS ARE NON-TRANSFERABLE.  YOUR ENTIRE GROUP MUST ENTER AT THE SAME TIME."

By February 19, 2015, Ticketmaster will modify the event landing page header consumers see before initiating the purchase to prominently display notice of restrictions requiring the credit card used for payment and valid ID are required for entry and that the ticket is non-transferable.

Ticketmaster has committed to continue to modify the displays to enhance clarity, and will include information about the restrictions in other forms of promotional media in order to increase consumer awareness of paperless ticket events. 

Gender identity disorders have traditionally been treated as psychiatric problems but researchers at Boston University School of Medicine say there is increasing evidence of a biological basis for the condition.

It's estimated that as many as 1 in 100 people have gender identity issues. Transgender persons identify with a gender that differs from the identity they were assigned at birth.

The researchers conducted a literature search and reviewed articles that showed positive biologic bases for gender identity. These included disorders of sexual development, such as penile agenesis, neuroanatomical differences, such as grey and white matter studies, and steroid hormone genetics, such as genes associated with sex hormone receptors.

They conclude that current data suggests a biological cause for transgender identity.

"This paper represents the first comprehensive review of the scientific evidence that gender identity is a biological phenomenon," said Joshua D. Safer, MD, FACP, in a review article in Endocrine Practice. "As such it provides one of the most convincing arguments to date for all medical providers to gain the transgender medicine skills necessary to provide good care for these individuals," he added.

Many physicians resist providing surgical and hormonal treatment to patients with gender issues, instead referring the patients for psychiatric care.  

The findings of the review study may change physicians' perspective on transgender medicine and improve health care for these patients, Safer said.

According to the researchers the article does have some limitations due to the small numbers of individuals studied and therefore conclusions should be drawn with caution. Safer recommends that further research focus on specific biologic mechanisms for gender identity.

Attorneys general from 43 states are putting the heat on oil companies whose service stations and convenience stores are illegally selling synthetic drugs.

The AGs say that synthetic drug use has increased dramatically over the past several years. Starting in 2010, over 11,000 people, many of whom were younger than 17, went to the emergency room after using synthetic marijuana.

The letter said that law enforcement agencies have confirmed over 130 instances of branded gas stations having illegally sold synthetic drugs across the country in recent years.

“When teens and young adults can find synthetic drugs for sale at gas stations operating under well-known brands, its gives these illegal products the false appearance of legitimacy when in fact they are very dangerous, potentially deadly drugs,” Illinois Attorney General Lisa Madigan said. “Oil companies spend millions of dollars on marketing campaigns designed to convince customers their brands are trustworthy. Prohibiting the sale of synthetic drugs in their stores can only protect their brand reputations while also protecting our youth.”

The letter was sent to top company officials at British Petroleum, Chevron Corporation, Citgo Petroleum Corporation, Exxon Mobil Corporation, Marathon Petroleum Corporation, Phillips 66, Shell Oil Company, Sunoco, and Valero Energy Corporation. In it, the attorneys general requested that the companies address this growing problem by:

• Prohibiting franchisees from selling any synthetic drugs;
• Ensuring the prohibition is understood by store franchisees and their employees by communicating directly with each of them;
• Establishing a point of contact in corporate offices for franchisees, should they have any questions about synthetic drugs;
• Revoking the franchisee/franchisor relationship with any gas station or convenience store that sells synthetic drugs; and
• Reporting to local law enforcement authorities if any franchisee is selling synthetic drugs.

Joining Madigan in sending the letter were attorneys general from the following states and territories: Alabama, Arizona, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Northern Mariana Islands, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.

In its return to profitability, the airline industry came up with 2 new guiding principles – charge for things that used to be free and fly with few, if any, empty seats.

To make that second principle work airlines must constantly manipulate fares in the weeks leading up to a flight – lowering them at some point to encourage travelers and raising them when there are only a handful of seats left.

For consumers, understanding how this timing works can help them get the best deal on a ticket.

Analyzing the data

CheapAir.com, a web portal that looks for the cheapest flights, has made it a project to search for the optimal time to purchase a ticket. After analyzing reams of data it has determined that in 2014 the best domestic fares were found booking, on average, 47 days in advance.

This was based on a review of almost 5 million trips, covering 15,000 destinations, watching fares booked between 1 and 320 days in advance.

“When you buy your flight makes a huge difference,” said CheapAir CEO Jeff Klee.

Klee says that the price of an average fare changes 70 times during the period it’s available for sale. The variance in cost can be significant.

“No one wants to find that the person sitting next to them on a flight paid $100 less for their ticket,” Klee said. “We spend a lot of time collecting and analyzing fare data so our customers can make more informed decisions.”

Best and worst days

There is also a “best” and “worst” day on which to book your flight. The study found that the average savings that could be achieved from buying on the “best” day versus buying on the “worst” was $201 per ticket.

Another fact travelers should be aware of -- flights generally “go on the market” and are able to be booked 11 months before take-off. Klee says fares start off fairly high, since the airline has 11 months to sell out the plane, but slowly drop as the departure date approaches.

Fares usually reach a low point somewhere between 27 days and 114 days out. The company found that 3 month window, between 1 and 4 months in advance, the prime booking window.

“Way more often than not, the best fare for a domestic trip will be offered at some point during that window,” Klee said.

Waiting until the last minute to book a flight is almost always costly. Buying a ticket within 14 days of departure results in a fare that is an average $111 higher. Wait until within 7 days and the price differential jumps to $174.

By the same token, buying too far in advance will also result in a higher fare but the penalty isn't as steep – only about $50.

Facebook announced a fairly radical policy change today. It's “a new feature that lets people choose a legacy contact—a family member or friend who can manage their account when they pass away.”

It's a morbid but necessary change. Facebook's previous policy had been to freeze the accounts of the dead, regardless of that person's wishes while alive. But as of today, Facebook users who worry about what will happen to their accounts can choose from two options: either designate an official “legacy contact” to take control of their accounts after death, or arrange for Facebook to delete those accounts altogether, the online equivalent of “burn my journals after my death.”

Will Facebook's policy change inspire other social media to follow suit? In most cases, the issue of what happens to people's online accounts after they die remains undecided.

Last August, Delaware made history by becoming the first U.S. state to give a person's digital assets the same status as tangible assets where inheritance laws are concerned — though that law only applies to Delaware residents, not to social media companies with corporate headquarters in Delaware.

At the time, we noted that certain companies, including Facebook, would likely have to change their policies or terms of service, at least for Delaware residents, in order to comply with the new law. Facebook's “Statement of Rights and Responsibilities” had said (and still says) that “You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account,” and “You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.”

Until yesterday, such statements presumably meant that even if you wanted to, for example, leave your Facebook login and password information to someone in your will (or just write it down and keep it where your executor will find it), this would officially violate Facebook policy: your heir or executor couldn't even log in to your Facebook page to let your “Friends” know that you are gone.

Technically, that's still the case. A Facebook user may not do such things – but, as of Feb. 12, Facebook users can go through official Facebook channels to designate an official legacy contact.

Facebook also says that it is “introducing legacy contacts in the U.S. first and look forward to expanding to more countries.” It's not yet known when Facebook will start offering this option outside of the United States.

Setting up a legacy contact is optional, not mandatory. 

Expedia, which has slipped behind Priceline to become the world's second-largest travel service, is buying Orbitz and its CheapTickets and ebookers.com websites for about $1.3 billion.

Expedia was launched by Microsoft in 1996. It has expanded steadily and now owns numerous major travel brands including Hotels.com, Hotwire, eLong Inc. and Trivago.

The Orbitz acquisition puts Expedia back in the top spot with a global share of the travel market of about 6%, edging out archrival Priceline, at least for now.

“We are attracted to the Orbitz Worldwide business because of its strong brands and impressive team,” Dara Khosrowshahi, chief executive of Expedia, said in a statement.

Expedia

Expedia, Inc., which went public just a few years after being founded by Microsoft, has built an extensive brand portfolio that includes:

• Expedia.com, the world's largest full service online travel agency with localized sites in 31 countries;
• Hotels.com, with localized sites in more than 60 countries;
• Hotwire, a discount travel site that offers opaque deals in 12 countries throughoutNorth America, Europe and Asia;
• Travelocity, an online travel agency in the US and Canada;
• Egencia, the world's fifth largest corporate travel management company;
• eLong, a leading mobile and online travel service provider in China;
• Venere.com, an online hotel reservation specialist in Europe;
• trivago, an online hotel metasearch company with sites in 49 countries;
• Wotif Group, a leading operator of travel brands in the Asia-Pacific region, including Wotif.com, lastminute.com.au, travel.com.au, Asia Web Direct, LateStays.com, GoDo.com.au and Arnold Travel Technology;
• Expedia Local Expert, a provider of online and in-market concierge services, activities, experiences and ground transportation in hundreds of destinations worldwide;
• Classic Vacations, a luxury travel specialist;
• Expedia CruiseShipCenters, a provider of expert advice for travelers booking cruises and vacations through its network of 180 franchise locations across North America; and
• CarRentals.com, a car rental booking company on the web.

Orbitz

Orbitz the consumer travel planning sites Orbitz (orbitz.com), ebookers (ebookers.com), HotelClub (hotelclub.com) and CheapTickets (cheaptickets.com).

Also within the Orbitz Worldwide family, Orbitz Partner Network (orbitzpartnernetwork.com) delivers private label travel technology solutions to a broad range of partners including some of the world`s largest airlines, bank loyalty programs and travel agencies, and Orbitz for Business (orbitzforbusiness.com) delivers managed travel solutions for companies of all sizes. 

Sunfood of El Cajon, CA is recalling Organic Sacha Inchi Powder, because it has the potential to be contaminated with Staphylococcus enterotoxin.

The presence of Staphylococcus enterotoxins may be injurious to health and may result in staphylococcal food poisoning. Nausea, vomiting, retching, abdominal cramping, and prostration may occur. In more severe cases there may be headache, muscle cramping, and transient changes in blood pressure and pulse.

Organic Sacha Inchi Powder was distributed nationwide in retail stores and through mail orders.

This product is packaged in 8oz white poly bags with lot number 141027 Expiration date 9/30/2016 and UPC Code 803813-28444 1.

No illnesses have been reported to date in connection with this problem.

The potential for contamination was noted after routine testing was done and revealed the possibility of Staphylococcus enterotoxin in the above noted lot number.

Sunfood has ceased the production and distribution of the product as FDA and Sunfood continue their investigation as to what caused the problem.

Consumers who have purchased the affected lot of Organic Sacha Inchi Powder are urged to return it to the place of purchase for a refund. Consumers with questions may contact Sunfood at 1-800-RAWFOOD 8am - 5pm PDT.

Pet International of Miami, Florida is recalling 1500 units of 6” Beef Trachea Pet Treat because it has the potential to be contaminated with Salmonella. Salmonella can affect animals (i.e. dogs) eating the products and there is risk to humans from handling contaminated pet products, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products.

The 6” Beef Trachea Pet Treat was distributed to retail stores in the following Cities: Conifer, and Lakewood in Colorado.

If you have this product, use gloves and put it in a double bag and throw it away as soon as possible. Do not touch the product in any way, and if you do, it’s recommended you must wash your hands immediately with an antibacterial soap.

The potentially affected product will pertain to a particular lot number, and are specific to a particular size of the pouch it’s sold in. Anyone having these products should verify the following:

Brand: Buster’s Natural Pet Supply,
Lot Code: 8501450,
Size: 6” Beef Trachea/ 12 Pack Plastic Pouch,
UPC Code: 8501450

No illnesses have been reported to date. We are still warning consumers that if any of the above information is on the package you have, do not feed it to any animals at all. It may be hazardous and should be disposed of immediately.

The recall was as the result of a routine sampling program by the Colorado Department of Agriculture and analyzed by FDA, obtained from Buster’s Natural Pet Supply in Conifer, CO. and found to be positive for Salmonella. The product sampled had a Buster’s Label on it, but was manufactured by Pet International. Buster’s Natural Pet Supply recalled the entire product from the two stores that the distributor sells it. The Pet International Inc. continues their investigation as to what caused the problem.

Consumers with any questions about the recall product may contact the company at by phone at (305) 591-3338 Monday through Friday 9:00am too 5:00pm EST or via e-mail at sergioh@petint.com.

ZETA by Jackco Pocket Jump Starters are being recalled. The battery packs can overheat, split apart and melt the battery pack’s enclosure, posing a fire hazard.

The ZETA by Jackco Pocket Jump Starter - Deluxe Set contains a battery pack used to jump start vehicles and charge cell phones, tablets, laptops and other devices. The set comes in a black canvas case with red trim and a black handle.

Jackco Transnational has received 487 reports of battery failure, and two reports of a fire resulting in property damage. No injuries have been reported.

Consumers should immediately stop using the recalled Pocket Jump Starter and contact Jackco Transnational for instructions on how to dispose of the product and how to obtain a refund for the purchase price. Consumers without a receipt will receive $110.

Consumer Contact:

Jackco Transnational toll-free at (888) 452-2526 from 9 a.m. to 5 p.m. PT Monday through Friday, or online at www.jackco.com and click on “Pocket Jump Starter Product Recall” for more information or send an e-mail to recall@jackco.com.

About 19,000 Arctic Cat snowmobiles are being recalled. The lower steering tie-rod attachment can loosen and cause loss of steering control, posing a crash hazard.

 The recall involves the 2012 model year of the F, XF, and M model snowmobiles.

The model name is located on each side of the hood. The snowmobiles were sold in a variety of these color combinations: black, white and orange, black and orange, black and green and white and green.

Arctic Cat has received four reports of incidents, including one complete loss of steering control. No injuries have been reported.

Consumers should immediately stop using these snowmobiles and contact their local Arctic Cat snowmobile dealer to schedule a free inspection and repair. Arctic Cat has notified owners of these snowmobiles directly by mail.

Consumer Contact: For additional information, call Arctic Cat at (800) 279-6851 between 8 a.m. and 5 p.m. CT Monday through Friday or visit the firm's website at www.arctic-cat.com

U.S. motorists can expect prices at the pump to rise and fall over the rest of the decade, but price movements should be gradual, not like the volatile fluctuations of the last 10 years.

That's one of the takeaways from the International Energy Agency's (IEA) Medium-Term Oil Market Report, issued this week. In it, the IEA tries to make sense of the recent plunge in world oil prices and what it might hold for the future.

The good news for U.S. consumers is a return to greater price stability. It will be easier to budget for fuel costs.

The recent dramatic drop in oil prices, which led to a corresponding decline in prices at the pump, was partly the result of Saudi Arabia's refusal to trim production to draw down a growing surplus of oil. With the Saudis and the rest of the world's oil producers maintaining their normal production levels, that surplus is growing, resulting in the lower gasoline prices consumers have enjoyed lately.

Oil price war

The assumption has always been that the Saudis were willing to drive oil prices lower to hurt U.S. shale oil producers, who have emerged as a major threat to the kingdom as the world's preeminent oil producer. If that was indeed the strategy, the IEA report says it won't work.

“Growth in US LTO (Light Tight Oil) is expected to regain momentum in the latter part of the forecast period as prices recover, and North America remains a top source of supply growth for the remainder of the decade,” the report says. “In contrast, Russia faces a perfect storm of lower prices, sanctions and currency swings, pushing its production into contraction. OPEC’s share of global supply will inch up from recent lows but will not recover to the levels enjoyed before the surge in LTO supply.”

In other words, when the dust settles from the recent oil price collapse, the U.S. is likely to emerge in an even stronger position in the world oil market. And since current law forbids most U.S. crude oil from being exported, it is likely to be refined for use in the U.S. market.

"This unusual response to lower prices is just one more example of how shale oil has changed the market," said IEA Executive Director Maria van der Hoeven. "OPEC’s move to let the market re-balance itself is a reflection of that fact. It may have effectively turned LTO into the new swing producer, but it will not drive it out of the market. LTO might in fact come out stronger."

Oil price bottom

Meanwhile, world oil prices have continued to rise this week, suggesting to some market analysts that they have reached a bottom. Still, they remain only half of what they were 6 months ago.

The slight rebound in oil prices has little to do with the rise in gasoline prices consumers may have noticed in the last 10 days. According to the AAA Fuel Gauge Survey, the national average price of self-serve regular is up 12 cents a gallon in the last week.

That's largely due to normal maintenance oil refineries go through at this time of year as they prepare to switch over to producing summer-grade gasoline. Gasoline prices may continue to rise over the next month or so, before leveling off and maybe even dipping a bit in June.

Your home protects you from the elements, but in rare cases, materials used to build your home can pose a threat to the occupants' health.

A recent example is drywall imported from China and used extensively in the southern U.S. in 2004 and 2005, following a string of destructive hurricanes. The drywall emitted unpleasant odors, corroded metal and some said it made them sick, though federal health officials said they found no evidence that it contributed to 11 deaths.

These days, there are concerns about caulk containing polychlorinated biphenyls (PCBs). Last year celebrity model Cindy Crawford made news when she removed her children from a California high school after high levels of PCBs were found in some classrooms. It was believed to be coming from “old” window caulk.

“Old,” because PCBs haven't been used in caulk since 1979. So if your home was built after that time, chances are very remote that caulk containing PCBs was used in construction or retrofitting. Congress banned the substance in 1976 after it was found to cause cancer and damage the immune and reproductive systems.

Essential tool

Caulk is an essential weatherizing tool used primarily around doors and windows to plug up cracks. The flexible material is used to seal small gaps and joints to make them watertight and and prevent cold air from invading during the winter. Some manufacturers added PCBs to their caulk to enhance their water and chemical resistance, durability and elasticity.

Over time caulk will begin to crack and flake. If it contains PCBs the chemical can escape into the air and be inhaled by occupants.
“Exposure to PCBs in buildings can occur by directly touching PCB containing caulk and any surrounding materials, hand to mouth contact and breathing in contaminated air or dust,” said Joseph Frasca, Senior Vice President of Marketing at EMSL Analytical, Inc., a PCB testing laboratory. “The Environmental Protection Agency (EPA) recommends testing for PCBs in peeling, brittle, cracking or deteriorating caulk in older buildings. Even caulk that appears to be in good condition may be a source of PCBs.”

No cause for alarm

Although this is a serious issue, the EPA says potential presence of PCBs in schools and buildings should not be a cause for alarm. If your school or home was built or renovated between 1950 and 1979, there are a number of steps that can be taken to reduce potential exposure.

Start by minimizing the potential for PCBs to be present in the indoor air. You can do that by making sure that the ventilation system is operating as designed, and to repair or improve the system if it is not.

The EPA also says many old lighting systems contain ballasts manufactured with PCBs. These PCBs can get into the air if the ballast fails or ruptures. Replacement of old lighting systems with new, energy efficient systems will eliminate a potential source of PCBs, the agency says.

A sweepstakes promoter has been permanently banned from direct mail marketing and is liable for a $9.5 million judgment under a settlement with the Federal Trade Commission, which charged her with violating a previous court order by running a sweepstakes scam.

“There’s a price to pay to violating a court order in an FTC case,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “In this case, that’s $9.5 million and a permanent ban on direct mail marketing.”

In April 2007, Crystal Ewing and other defendants were banned from prize promotions to settle FTC charges that they deceptively enticed consumers in the U.S., Canada and the United Kingdom to send money to collect large cash prizes that, in fact, did not exist.

Ewing now admits to violating the 2007 court order through her work with another FTC defendant, Glen Burke, and a prize promotions company, Puzzles Unlimited LLC, that duped consumers with the illusory promise of sweepstakes winnings in exchange for processing fees.

Payout notice

Using direct mail ads, Puzzles Unlimited enticed consumers to enter promotions by using terms like “Notice of Grand Prize Payout” and “Grand Prize Guaranteed,” which led consumers to believe they had already won thousands of dollars and just needed to fill out a form containing a simple puzzle and submit a “processing fee” of $10 to $15. 

But the vast majority of consumers received no “Grand Prize Payout” – or any other payout whatsoever. Instead, the consumers who submitted “processing fees” continued to receive additional rounds of puzzles that they were told they must complete correctly in order to claim the prize money.

With each round of mailers, consumers were misled with promises of bonus winnings in exchange for additional fees. At each step of the way, consumers were told they were tied for first place in the promotion regardless of whether or not this was true.