Current Events in January 2016

Thomas Produce Company of Boca Raton, Fla., is recalling 174 bulk-packed containers of cucumbers.

The cucumbers may be contaminated with Salmonella.

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

This product was sold to distributors in Florida and Georgia between 12/15/2015 and 12/16/2015. All distributors that received this product have been notified as of the time of this press release.

The fresh, whole, green cucumbers were sold in 166 cardboard bushel boxes (1 1/9 bushel size) to distributors in Florida and Georgia from December 15 -16,2015 with one of the following lot numbers ink-jet printed on the side: 1554311JDNK, 1554311HDNK, and 15143115DNK.

The product also was distributed in 8 bulk cardboard bins(4'x4' size) tagged with codes 15NKJD-1554311-D, 15NKHD-1554311-D, and 15NK5D-1514311-D.

Customers who purchased these products should not consume them, but throw them away or return them the place of purchase.

Consumers with questions may contact Richard Wilson at 1-561-482-1111 Monday through Friday between 9:00 a.m. and 4:30 p.m. (EST).

The Justice Department today hit Volkswagen with a lawsuit charging that the automaker violated the Clean Air Act by installing defeat devices on some VW, Audi, and Porsche diesel vehicles that would not otherwise have met federal emission standards.

Possible penalties could reach into the billions of dollars and criminal charges against VW are still possible, Justice Department officials said. The automaker also faces numerous class action lawsuits filed on behalf of consumers, as well as actions by regulators around the globe. 

“Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” said Assistant Attorney General John C. Cruden.

Noting that it has been several months since the defeat devices were discovered, the government made clear its patience with VW is wearing thin.

“So far, recall discussions with the company have not produced an acceptable way forward. These discussions will continue in parallel with the federal court action,” said Cynthia Giles, assistant administrator of the Environmental Protection Agency.

“With today’s filing, we take an important step to protect public health by seeking to hold Volkswagen accountable for any unlawful air pollution, setting us on a path to resolution,” Giles said.

600,000 sold

The complaint formally lists the allegations that have dribbled out over the last several months, charging that nearly 600,000 diesel engine vehicles had illegal defeat devices installed and that Volkswagen violated the Clean Air Act by selling cars that are designed differently from what Volkswagen had stated in applications for certification to EPA and the California Air Resources Board (CARB).

"The alleged misrepresentations allowed almost 600,000 diesel engines to emit excessive air pollution across the country, harming our health and cheating consumers,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.

In particular, the complaint alleges that the deceptive software allowed the nearly 600,000 vehicles to emit up to 40 times the allowable level of nitrogen oxide (NOx), which the complaint said contributes to harmful ground-level ozone and fine particulate matter.  

Health effects

"These pollutants are linked with asthma and other serious respiratory illnesses. Exposure to ozone and particulate matter is also associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants," the Justice Department said in a prepared statement.

"Recent studies indicate that the direct health effects of NOx are worse than previously understood, including respiratory problems, damage to lung tissue and premature death."

Models named

Affected 2.0 liter diesel models and model years include:

Jetta (2009-2015)
Jetta Sportwagen (2009-2014)
Beetle (2013-2015)
Beetle Convertible (2013-2015)
Audi A3 (2010-2015)
Golf (2010-2015)
Golf Sportwagen (2015)
Passat (2012-2015)

Affected 3.0 liter diesel models and model years include:

Volkswagen Touareg (2009-2016)
Porsche Cayenne (2013-2016)
Audi A6 Quattro (2014-2016)
Audi A7 Quattro (2014-2016)
Audi A8 (2014 – 2016)
Audi A8L (2014-2016)
Audi Q5 (2014-2016)
Audi Q7 (2009-2015)

Usually, when you play a daily fantasy sports (DFS) through DraftKings and FanDuel, you either win or you don't.

But players from New York stand to recover the money they paid to play -- if New York Attorney General Eric Schneiderman gets his way, anyway.

Schneiderman has amended his lawsuits against the two enterprises, which he has accused of violating New York state gambling laws, to include a demand for restitution. The suit now asks that FanDuel and DraftKings be required to produce an accounting of monies collected from consumers in New York playing any of its games in violation of the law.

Not only is Schneiderman asking the court to order the two companies to repay all entry fees to New York players, his suit seeks a civil penalty of up to $5,000 for each violation.

The Wall Street Journal reports the sites took in a combined $200 million from 600,000 New York players last year. A judgment could potentially be staggering.

Investigation began in October

Schneiderman opened an investigation into DFS in October following reports of an employee at one of the companies profiting through the use of insider information. Not long afterward, Scheiderman issued a cease and desist order before going to court to have the two companies declared illegal gambling operations.

“DFS is a new business model for online gambling,” the suits allege. “The DFS sites themselves collect wagers (styled as 'fees'), set jackpot amounts, and directly profit from the betting on their platforms. DFS’ rules enable near-instant gratification to players, require no time commitment, and simplify game play, including by eliminating all long-term strategy."

Schneiderman's suit claims New Yorkers have been harmed by the games, especially those who have a gambling addiction.

Gift cards are a safe bet, but they’re not always surefire. Got a Sephora gift card when you’re really more of an REI type? Rather than letting it sit idly in your wallet, consider trading it in.

As we reported in November, there are several ways to trade in your unwanted gift cards. Coinstar, as well as gift card trade-in websites such as GiftCards.com and CardCash.com, accept gift cards and offer a payout. While you may not get 100% of the gift card’s original value, it’s certainly better than leaving the card to spend the rest of its life as a dust-collecting plastic rectangle that never got to buy anything.

But now, Target is getting in on the gift card trade-in game. The company is partnering with BlackHawk Network’s Cardpool unit and electronic trade-in company Nextworth for the program, which will allow shoppers to walk into Target with an unwanted gift card and instantly turn it into a Target gift card.

Exchange rates vary

Target will accept the unwanted gift cards at a discount so that Cardpool can later resell them online for less than face value. Consequently, there are fees taken out during the exchange and trade-in values will vary. One example provided by Target: A $100 Walmart gift card would exchange for an $85 Target gift card.

The purchase price also depends largely on the merchant’s popularity. Cards from big-box stores are likely to have a higher exchange rate than a more regional establishment, but rates vary with demand, according to Patrick Ramsey, general manager of Cardpool.

"You often find that grocery stores, gas stations and the mass merchandisers will often have some of the higher prices closer to the face value," says Ramsey.

Convenience among benefits

Despite the fact that shoppers could probably get a better deal by exchanging their gift cards directly via Cardpool online, the instantaneous redemption and convenience offered by the Target exchange program is appealing to many.

Even though customers might get a Target card in return with a slightly lower face value, for many, the ability to use the card immediately trumps waiting for a check to be mailed.

Target will exchange gift cards from more than 600 brands, including Old Navy, Cheesecake Factory, Tiffany & Co., Staples, and Pottery Barn. The gift card program, which is slated to run year round, is available in about 1,500 of Target’s 1,800 stores.

Vitamin D is important to bodies of all ages, but especially to growing ones. Also known as the “sunshine" vitamin, it helps control the amount of calcium we absorb and is therefore important for developing and maintaining healthy bones. But recent studies show that children may not be getting enough of the bone-building vitamin.

Getting enough vitamin D is extremely important to children, who must build up their bone reserves for later in life when bone mass and density begins to fall. Deficiencies of the vitamin early in life could lead to problems down the line, including rickets and other diseases.

"There is epidemiologic evidence that vitamin D not only makes for strong bones, but may play a role in preventing some chronic diseases later in life, including those involving the immune and cardiovascular systems,” explains Frank R. Greer, M.D., FAAP, professor of pediatrics at University of Wisconsin School of Medicine and Public Health.

How much is needed?

The American Academy of Pediatrics (AAP) responded to recent findings by doubling the amount of vitamin D it recommends for babies and children to 400 International Units (IU) per day, beginning in the first days of life.

“We are doubling the recommended amount of vitamin D children need each day because evidence has shown this could have lifelong health benefits,” says Dr. Greer.

And the need for adequate amounts of vitamin D starts right out of the gate for children. 

Nursing mothers

Infants who are exclusively breastfed should receive supplements of vitamin D to prevent rickets, a bone-softening disease that continues to be reported in the U.S., mostly in children aged two and under.

“Until it is determined how much vitamin D a nursing mother should take, we must ensure that the breastfeeding infant receives an adequate supply of vitamin D through a supplement of 400 IU per day,” said Dr. Carol Wagner, a member of the AAP Section on Breastfeeding Executive Committee and co-author of the AAP clinical report on vitamin D.

Once the child is weaned, she adds, a vitamin D supplement is needed throughout childhood and adolescence as well. 

Ensuring they get enough

Common wisdom says that if your child drinks milk and plays outside, he’s getting what he needs — but research shows this isn’t always the case. Here are some tips on making sure your child is getting enough of the essential vitamin.

• Breastfed and partially breastfed infants should be supplemented with 400 IU a day of vitamin D in the first few days of life.

• Non-breastfed infants, as well as older children, who consume less than 32 ounces per day of vitamin D-fortified formula or milk should receive a vitamin D supplement of 400 IU per day.

• Adolescents who do not get 400 IU of vitamin D per day though foods should receive a supplement containing that amount.

• Children with increased risk of vitamin D deficiency, such as those taking certain medications and with chronic diseases such as cystic fibrosis, may need higher doses of vitamin D. Consult your pediatrician.

December was a down month for the manufacturing sector of the economy -- the second in a row, even as the overall economy grew for the 79th consecutive month.

The Institute for Supply Management (ISM) reports that the December purchasing manager's index (PMI) registered 48.2%, down 0.4% from November, while the New Orders Index rose 0.3% to 49.2% and the Production Index registered 49.8% -- a gain of 0.6% from the previous month.

The Employment Index, meanwhile, fell 3.2% and the Prices Index dipped 2.0%, indicating lower raw materials prices for the 14th consecutive month. The New Export Orders Index jumped 3.5% and the Imports Index dropped 3.5%.

As was the case in November, 10 out of 18 manufacturing industries reported contraction in December, with declines in employment and raw materials inventories accounting for the overall softness in December.

Ups and downs

Of the 18 manufacturing industries, six are reporting growth in December in the following order:

1. Printing & Related Support Activities;
2. Textile Mills;
3. Paper Products;
4. Miscellaneous Manufacturing;
5. Chemical Products; and
6. Food, Beverage & Tobacco Products.

The 10 industries reporting contraction in December -- listed in order -- were:

1. Apparel, Leather & Allied Products;
2. Plastics & Rubber Products;
3. Machinery;
4. Primary Metals;
5. Fabricated Metal Products;
6. Transportation Equipment;
7. Electrical Equipment, Appliances & Components;
8. Computer & Electronic Products;
9. Wood Products; and
10. Nonmetallic Mineral Products.

General Motors is recalling 60 model year 2016 Chevrolet Silverado and GMC Sierra pick up trucks manufactured October 13, 2015, to October 14, 2015.

The mounting stud used to secure the air bag sensing and diagnostic module (SDM) may be incorrectly positioned, and as a result, the SDM housing could fracture.

If the SDM housing fractures, water may get into SDM causing it to malfunction and hinder the proper deployment of the air bags in the event of a crash, increasing the risk of occupant injury.

GM will notify owners, and dealers will have the mounting stud repositioned and the SDM replaced, free of charge. The manufacturer has not yet provided a notification schedule.

Owners may contact Chevrolet customer service at 1-800-222-1020 or GMC customer service at 1-800-462-8782. GM's number for this recall is 15794.

Uoriki Fresh of Secaucus, N.J., is recalling its Octopus Salad.

The product may be contaminated with Listeria monocytogenes

No illnesses have been reported to date.

The recalled product was distributed to one Wegmans Food Market store in Manalapan, N.J., in an 8-oz. plastic tray or sold by the pound in the seafood department with the label Wegmans Fresh Octopus Salad.

It was sold from December 18 - 24, 2015, and labeled with best before dates ranging from December 21 - 24.

Consumers who purchased this product should return it to the store or discard it.

Consumers with questions may call Wegmans consumer affairs at 1-855-934-3663, Monday through Friday, from 8 a.m. to 5 p.m (EST).

Ford Motor Company is recalling 296,004 model year 2003-2005 Ford Crown Victoria and Mercury Grand Marquis vehicles manufactured October 3, 2001, to August 2, 2005.

The recalled vehicles have a lighting control module (LCM) that may fail, resulting in a loss of headlights.

A loss of headlights can reduce driver visibility and increase the risk of a crash.

Ford will notify owners, and dealers will replace the LCM, free of charge. Parts are not currently available to remedy the affected vehicles. Owners will be mailed interim notifications beginning on January 19, 2016. A second notice will be mailed when remedy parts are available.

Owners may contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 15S39.

Volkswagen Group of America is recalling 21,074 model year 2012-2013 Audi A6 vehicles manufactured March 28, 2011, to March 25, 2013, and 2012-2013 Audi A7 vehicles manufactured January 25, 2011, to March 19, 2013.

In vehicles with heated and cooled seats, the Passenger Occupant Detection System (PODS), used to enable the front passenger air bags, may malfunction and prevent the passenger-side air bags from deploying in a crash.

An air bag that does not deploy as intended increases the risk of occupant injury in a crash.

Volkswagen will notify owners, and Audi dealers will install a PODS system repair kit, free of charge. The recall is expected to begin in February 2016.

Owners may contact Audi customer service at 1-800-253-2834. Volkswagen's number for this recall is 74D1.

As long as there have been cellphones, it seems there have been concerns that radiation from the devices might cause cancer or other health problems.

The prevailing position in the U.S. is that there is no conclusive evidence one way or the other. But the New York Times began 2016 with a report showing officials at the Centers for Disease Control and Prevention (CDC) urged “caution” when using mobile phones, only to back away from that advice.

The Times interviewed a number of present and former CDC officials about the agency's guidelines issued in June 2014 that concluded “we recommend caution in cellphone use.” The report said that within weeks the CDC reversed course and deleted that recommendation from its website.

A step they were not prepared for

“Although the initial CDC changes, which were released in June 2014, had been three years in the making, officials quickly realized they had taken a step they were not prepared for,” The Times reported. “Health officials and advocates began asking if the new language represented a policy change. One state official raised the question of potential liabilities for allowing cellphones in schools.”

The Mayo Clinic notes that any purported link between cellphones and cancer is controversial. It says years of studies on cellphones and cancer have yielded conflicting results.

“Currently, there's no consensus about the degree of cancer risk — if any — posed by cellphone use,” the clinic says.

Specifically, concern about cellphones and cancer hinges on the development of brain tumors, and whether they might be associated with cellphone use. Some research suggests a slight increase in the rate of brain tumors since the 1970s, when cellphones were not in use. On the other hand, better access to medical care and improvements in diagnostic imaging have have led to the increased diagnosis.

What the American Cancer Society says

The American Cancer Society (ACS) has also weighed-in on the subject. It notes that radiation from a device's radiofrequency (RF) waves can be harmful, depending on their strength and time of exposure. It says other things that can affect RF exposure include include whether or not someone is using hands-free mode, the distance at path to the nearest cell tower, and the amount of cell traffic in the area.

But the ACS agrees that evidence of a cellphone-cancer link falls short. It says lab tests suggest the RF waves given off by cell phones don’t have enough energy to damage DNA directly or to heat body tissues.

“Because of this, many scientists believe that cell phones aren’t able to cause cancer,” ACS said. “Most studies done in the lab have supported this theory, finding that RF waves do not cause DNA damage.”

But outside the United States, scientists are not quite so equivocal. As we reported in 2011, international researchers, meeting in Turkey, released what they called “stunning proof” of a cellphone health risk.

The researchers said the findings confirmed that pulsed digital signals from cell phones disrupt DNA, impair brain function and lower sperm count.

Motorists should continue to enjoy low gasoline prices in 2016, but it remains to be seem if prices will come close to 2015's bargain levels.

According to AAA, 2015's average price at the pump was the second lowest in a decade. Only 2009 was lower.

The price for the year averaged out to $2.40 a gallon. It ended the year much cheaper, right at $2 a gallon.

Fuel facts

AAA has singled out some fuel facts that should bring a smile to consumers' faces:

• The national average price of gas for December was $2.01 per gallon, which was the lowest monthly average since March 2009.
• About 71% of U.S. stations are selling gas for less than $2 per gallon, and drivers can find at least one station selling gas for less than $2 in 47 states.
• More than 16,000 stations across the country are selling gas for less than $1.75 per gallon.
• Gas prices in 2015 averaged about 94 cents per gallon less than 2014.
• Americans saved more than $115 billion on gasoline this year compared to 2014, which was an average of more than $550 per licensed driver.

Can the good times continue?

The real question, of course, is what will prices do in 2016? It depends a lot on where the price of oil goes. Some analysts think the price could fall below $30 a barrel. Others think it could rebound in the second half of the year.

AAA thinks the price is going lower, with the annual average price of gas in 2016 between $2.25 and $2.45 per gallon.

Consumers should be prepared for a slow rise in prices at the pump, regardless of the price of oil. In late winter and early spring, refineries traditionally reduce operations for maintenance and switch over to summer blends of gasoline. Summer blends cost more and the decrease in production will tighten supplies, sending the wholesale price higher.

Highs and lows

Consumers in the southeast are paying the least for gasoline. Motorists in the west are paying the most.

The five states with the lowest average prices include: Missouri ($1.72), Oklahoma ($1.75), South Carolina ($1.75), Arkansas ($1.75), and Tennessee ($1.76).

The five states with the highest prices include: California ($2.85), Hawaii ($2.69), Nevada ($2.51), Washington ($2.47), and Alaska ($2.47).

For the year, South Carolina’s annual average price of gas was the cheapest in the country for the fourth year in a row, at $2.10 per gallon. It was also was the lowest annual average for the state since 2004. Drivers in South Carolina paid about $1 less during the year than in 2014.