Current Events in February 2017

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    Gas prices poised for annual early spring climb

    Prices at the pump are already much higher than they were last year

    Consumers who have gotten accustomed to relatively low gasoline prices over the last two and a half years will have an adjustment to make this spring.

    Gas prices are going to be a bit higher than they were last year.

    Actually, they already are. The AAA Fuel Gauge Survey shows the national average price of self-serve regular is $2.28 a gallon, with almost no movement in the last week. But compared to the price a year ago, it is 57 cents a gallon more.

    The national average price of premium gasoline, required in a growing number of new vehicles, is $2.80 a gallon, about 59 cents a gallon more than last year. Diesel is selling, on average, at $2.51 a gallon, about 53 cents more than last year.

    Rising oil prices

    The reason for the higher prices, up until now, is the cost of crude oil. Oil prices are higher than they were last year, mainly because OPEC has been sending strong signals that it plans to cut production to reduce the huge glut of oil that has kept oil prices relatively soft since late 2014.

    However, most of those proposed cuts have not actually occurred yet. The oil market's growing confidence that they will has prompted traders to bid up crude oil prices to just under $55 a barrel -- still a long way from its highs.

    Over the next few weeks, motorists will likely begin to see prices at the pumps for all grades of fuel begin to move higher. That's because refineries typically reduce operations in late winter and early spring to perform maintenance and begin to switch to more expensive summer grades of gasoline.

    Those prices normally rise until the Memorial Day weekend before slowly declining over the summer. If this year is like the last one, consumers could see gasoline prices go up another 25 cents or so before they peak.

    Refinery issues could boost prices more

    They could shoot even higher if a refinery or two has to cut back production even more. Over the weekend a fire broke out at a refinery in Torrance, Calif. According to the Los Angeles Times, the fire started with an explosion Saturday morning. In a Tweet, GasBuddy analyst Patrick DeHaan says California motorists could see gas prices jump 10 to 25 cents a gallon as a result.

    Currently, the statewide average price of regular gas in California is $2.90 a gallon. The price of premium is $3.14 a gallon.

    California has some of the most expensive gasoline in the country. The cheapest gas this week is found in South Carolina, where the statewide average for regular is $2.03 a gallon and the average price of premium is $2.60.

    Consumers who have gotten accustomed to relatively low gasoline prices over the last two and a half years will have an adjustment to make this spring.G...

    Suburbs increasingly 'hotter' housing markets than urban areas

    But proximity to an urban core helps define a suburban hotspot

    A few years ago, Millennial homebuyers were eager to live in the city. They liked the idea that they could walk to movie theaters, restaurants, and shopping centers.

    But as more of them have started families, the suburbs are looking a bit more attractive these days. Realtor.com reports a number of suburban communities have become real estate hot spots in their own right, fueling price rises outside the city core.

    The housing marketplace singles out Northeast/Montebello, Colo., a Denver suburb; Wylie/St. Paul, Texas, a suburb of Dallas; and Dublin/Dougherty, Calif., a suburb of San Francisco, as the nation's most prominent suburban hotspots.

    Meccas for young families

    “Suburbs are traditionally viewed as Meccas for young families, willing to trade in shorter commute times and urban nightlife for better schools and larger homes,” said Jonathan Smoke, realtor.com's chief economist.

    But Smoke says the relationship between the suburbs and urban areas is intertwined. As urban home prices have shot up in recent years, and inventory levels have tightened, the more affordable suburban home prices have started to look a lot more attractive.

    "Our analysis indicates 50 percent of buyers planning to purchase a home this spring indicated they preferred a home in the suburbs,” Smoke said.

    Proximity to the city

    But the analysis also shows that what often makes a suburb appealing to homebuyers is its proximity to an urban area, and ease of getting back and forth. Smoke says the suburbs that made the list are located just outside urban centers, which are themselves hot housing markets.

    The suburbs on the list have also enjoyed recent explosive growth. They've seen an average of 18.8% household growth over the last seven years. That edges out the growth in other suburban and urban neighborhoods.

    In some Sunbelt metros, the growth of suburban households has far outpaced urban growth. The realtor.com analysis found suburban areas of Austin, San Antonio, Oklahoma City, Jacksonville, and Houston grew by 18% to 27% between 2010 and 2017. That compares to just 7% to 16% for those metros' urban areas. Nationwide, population growth in suburbs exceeded urban population growth in 33 of 50 metros.

    Realtor.com says the suburbs on its list are among the top 8% when it comes to the hottest real estate Zip Codes in the country. It says these homes received 1.6 times more views on realtor.com than the typical home in the study.

    A few years ago, Millennial homebuyers were eager to live in the city. They liked the idea that they could walk to movie theaters, restaurants, and shoppin...

    Screening developed for women with dense breast tissue

    Rapid Breast MRI developer says the protocol could detect breast cancer six years earlier

    A doctor in Flint, Mich., says he has developed a special screening process to detect breast cancer in women with dense breast tissue.

    He says his "Rapid Breast MRI" protocol could detect breast cancer up to six years earlier than a mammogram and could possibly save thousands of lives.

    "Your breasts will be seen as dense if you have a lot of fibrous or glandular tissue and not much fat in the breasts," the American Cancer Society says on its website.

    As it turns out, breast density is very common and not abnormal. However, it can present some challenges to screening using a mammogram.

    Not clear what women should do

    According to the Mayo Clinic, some states have laws requiring doctors to inform women when a mammogram shows they have dense breast tissue. "But just what women should do in response isn't clear," the Mayo Clinic says.

    Dr. David A. Strahle, chairman of Regional Medical Imaging (RMI), believes Rapid Breast MRI could be the answer.

    An MRI is a highly effective way to see what is going on inside the body. The only problem is, it's very expensive. For that reason, only about 2% of women -- those considered at high risk for breast cancer -- get MRI screenings.

    Strahle says his protocol cuts the time required for a breast scan by 70%, to just seven minutes. That, he says, will drastically reduce the cost.

    Half the cost of regular MRI

    While insurance companies do not yet cover Rapid Breast MRI, Strahle says the exam costs $395 out-of-pocket, compared to $700 or more for a full diagnostic MRI. Strahle says the scan only needs to be performed every two years, as opposed to more frequent mammograms.

    "This is a major breakthrough," Strahle said. "I can see a day when we can prevent this disease from killing women."

    The Centers for Disease Control and Prevention (CDC) reports breast cancer is the most common form of cancer affecting women in the U.S. Nearly 41,000 U.S. women died from breast cancer in 2013, the most recent year for which numbers are available.

    According to the CDC, women age 50 to 74 should be screened for breast cancer every two years. Women under 50 should discuss with their doctor when to begin screening.

    A doctor in Flint, Mich., says he has developed a special screening process to detect breast cancer in women with dense breast tissue.He says his "Rapi...

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      Builder confidence drops in February

      It's the second decline in as many months

      Builder confidence in the market for newly-built single-family fell for a second straight month in February, with the National Association of Home Builders (NAHB)/Wells Fargo Housing Market Index (HMI) declining two points to a level of 65.

      “With much of the decline this month resulting from a decrease in buyer traffic, builders continue to struggle to minimize costs while dealing with supply side challenges such as a lack of developed lots and labor shortages,” said NAHB Chief Economist Robert Dietz. “Despite these constraints, the overall housing market fundamentals remain strong and we expect to see continued growth this year as some of these concerns are addressed.”

      A broad-based decline

      The NAHB/Wells Fargo HMI gauges builder perceptions of current single-family home sales and sales expectations for the next six months as "good," "fair" or "poor." Builders are asked to rate traffic of prospective buyers as "high to very high," "average," or "low to very low."

      Scores for each component are then used to calculate a seasonally adjusted index where any number over 50 indicates that more builders view conditions as good than poor.

      All three HMI components fell in February. The component gauging current sales conditions slipped one point to 71, the index charting sales expectations in the next six months registered a three-point decline to 73, and the component measuring buyer traffic dropped five points to 46.

      Looking at the three-month moving averages for regional HMI scores, the Northeast was down two points, the South dipped one point, the Midwest rose a point, and the West held steady for the third month in a row.

      “While builders remain optimistic, we are seeing the numbers settling back into a normal range,” said NAHB Chairman Granger MacDonald. “Regulatory burdens remain a major challenge to our industry, and NAHB looks forward to working with the new Congress and administration to help alleviate some of the pressures that are holding small businesses back and making homes less affordable.”

      Builder confidence in the market for newly-built single-family fell for a second straight month in February, with the National Association of Home Builders...

      California realtors say sales were robust in January

      The median price dipped on an uptick in sales of less expensive homes

      As we reported in recent days, housing affordability in California's red hot real estate markets has improved over the last few months. Industry experts say prices have leveled off a bit while incomes have risen.

      But that doesn't mean the market is slowing down. The California Association of Realtors (CAR) reports 2016 ended on a strong note and 2017 started the same way.

      If 2017 sales follow January's path, CAR estimates more than 420,000 existing homes will be sold statewide by December 31. That's up 2.1% from December and 4.4% from January 2016.

      "California's housing market continues to be defined by the higher-priced, coastal markets and the less expensive, inland areas that still offer access to major employment centers," said CAR President Geoff McIntosh.

      To find more affordable housing, McIntosh says many buyers are looking outside the core Bay Area markets of San Francisco, San Mateo, and Santa Clara. That's led to an uptick in sales in Contra Costa, Napa, and Solano.

      In Southern California, the same thing is happening, leading to stronger markets in recent months in Riverside and San Bernardino.

      Median price below $500,000

      The median sale price of an existing single-family home in California fell below the $500,000 mark for the first time in nearly a year, but that doesn't mean homeowners are cutting prices. It simply means that more less-expensive, entry-level homes are selling, which is a healthy sign for the market.

      California's median sale price was down 3.8% from a revised $508,870 in December to $489,580 in January. Still, that was 4.8% higher than January 2016.

      CAR Senior Vice President and Chief Economist Leslie Appleton-Young credits the recent rise in mortgage rates with spurring January sales. She says homebuyers were motivated to act before rates move even higher, which she predicts will eventually have a dampening effect on housing markets, since it will likely put homeownership out of reach for some consumers.

      The inventory of available homes has been extremely tight in California markets for months, but showed some improvement in January. CAR reports there were 3.7 months on inventory last month, compared to 2.6 months in December.

      As we reported in recent days, housing affordability in California's red hot real estate markets has improved over the last few months. Industry experts sa...

      Home foreclosures down sharply in December

      Serious mortgage delinquencies were lower as well

      The number of completed foreclosures and the foreclosure rate skidded downward during the final month of 2016.

      Property information provider CoreLogic reports completed foreclosures plunged 40% in December from the same month a year earlier. That translates to a drop of 21,000 in December 2016 from 36,000 in December 2015 and a decrease of 82% from the peak of 118,336 in September 2010.

      During the same month, the foreclosure inventory was down 30%.

      The foreclosure inventory represents the number of homes at some stage of the foreclosure process and completed foreclosures reflect the total number of homes lost to foreclosure.

      Since the start of the financial meltdown in September 2008, there have been approximately 6.5 million completed foreclosures nationally. Approximately 8.6 million homes have been lost to foreclosure since homeownership rates peaked in the second quarter of 2004.

      As of last December, the national foreclosure inventory included approximately 329,000, or 0.8%, of all homes with a mortgage.

      Mortgage delinquencies

      The number of mortgages in serious delinquency -- 90 days or more past due including loans in foreclosure or REO -- fell 19.4% from December 2015. That means one million mortgages, or 2.6%, in serious delinquency -- the lowest level since August 2007. Decreases in serious delinquency were reported in 48 states and the District of Columbia.

      “While the decline in serious delinquency has been geographically broad, some oil-producing markets have shown the effects of low oil prices on the housing market,” said Dr. Frank Nothaft, chief economist for CoreLogic. “Serious delinquency rates rose in Louisiana, Wyoming and North Dakota, reflecting the weakness in oil production.”

      Report highlights

      • On a month-over-month basis, completed foreclosures fell 8.1% percent to 21,000 in December. As a basis of comparison, before the decline in the housing market in 2007, completed foreclosures averaged about 22,000 per month nationwide between 2000 and 2006.
      • On a month-over-month basis, the December 2016 foreclosure inventory dipped 1.9%.
      • The five states with the highest number of completed foreclosures in the 12 months ending in December 2016 were Florida (45,000), Michigan (30,000), Texas (24,000), Ohio (21,000), and California (19,000).These five states accounted for 36% of all completed foreclosures nationally.
      • Four states and the District of Columbia had the lowest number of completed foreclosures in the 12 months ending in December: North Dakota (182), the District of Columbia (254), West Virginia (312), Montana (630), and Alaska (668).
      • Four states and the District of Columbia had the highest foreclosure inventory rate in December: New Jersey (2.8%), New York (2.7%), Maine (1.8%), Hawaii (1.7%), and the District of Columbia (1.6%).
      • The five states with the lowest foreclosure inventory rate in December 2016 were Colorado (0.2%), Minnesota (0.3%), Utah (0.3%), Arizona (0.3%), and California (0.3%).

      The number of completed foreclosures and the foreclosure rate skidded downward during the final month of 2016.Property information provider CoreLogic r...

      Model year 2009-2013 Suzuki Grand Vitaras recalled

      The gear shift rear shaft may break

      Suzuki Motor of America is recalling 791 model year 2009-2013 Grand Vitaras equipped with a manual transmission.

      The gear shift rear shaft may break, preventing the gears from being able to be changed, increasing the risk of a crash.

      What to do

      Suzuki will notify owners, and dealers will replace the gear shift rear shaft, free of charge. The recall is expected to begin March 1, 2017.

      Owners may contact Suzuki customer service at 1-800-934-0934. Suzuki's number for this recall is VZ.

      About this recall

      This story is based on a recall notice issued by the National Highway Traffic Safety Administration (NHTSA) or the automobile manufacturer. Although the recall notice may specify certain models and production years, the actual recall may officially include only certain vehicles within those categories -- production runs during a certain time span, for example.

      Has your car been recalled? To check whether there are outstanding recalls on your car, jot down your VIN number (which you can find in the lower left corner of your windshield), go to www.nhtsa.gov/recalls, and enter the VIN where indicated. 

      Once notified of a recall, you should contact your local dealer, who will make the necessary repairs if parts are available. Frequently, parts are not immediately available and you may have to wait, sometimes for months in the case of a large recall. The dealer may voluntarily provide you with a loaner but is not required by law to do so. 

      Suzuki Motor of America is recalling 791 model year 2009-2013 Grand Vitaras equipped with a manual transmission.The gear shift rear shaft may break, pr...

      Nissan recalls model 2002 Pathfinders and Infiniti QX4s

      The Takata airbag inflators may rupture

      Nissan North America (Nissan) is recalling 46 model year 2002 Pathfinders and Infiniti QX4s.

      The vehicles' Takata airbag inflators assembled as part of the passenger front airbag modules used as original equipment or replacement equipment may rupture in the event of a crash necessitating deployment of the front airbags.

      What to do

      Nissan will notify owners, and dealers will replace the front passenger airbag assembly, free of charge. The manufacturer has not yet provided a notification schedule.

      Owners may contact Nissan customer service at 1-800-647-7261.

      This story is based on a recall notice issued by the National Highway Traffic Safety Administration (NHTSA) or the automobile manufacturer. Although the recall notice may specify certain models and production years, the actual recall may officially include only certain vehicles within those categories -- production runs during a certain time span, for example.

      Has your car been recalled? To check whether there are outstanding recalls on your car, jot down your VIN number (which you can find in the lower left corner of your windshield), go to www.nhtsa.gov/recalls, and enter the VIN where indicated. 

      Once notified of a recall, you should contact your local dealer, who will make the necessary repairs if parts are available. Frequently, parts are not immediately available and you may have to wait, sometimes for months in the case of a large recall. The dealer may voluntarily provide you with a loaner but is not required by law to do so. 

      Nissan North America (Nissan) is recalling 46 model year 2002 Pathfinders and Infiniti QX4s.The vehicles' Takata airbag inflators assembled as part of...

      Choice Farms recalls mushrooms stuffed with cheese

      The product may be contaminated with Listeria monocytogenes

      Choice Farms is recalling a limited quantity of stuffed mushrooms that be contaminated with Listeria monocytogenes.

      No illnesses have been reported to date.

      The recall pertains to a total of seven individual shrink-wrapped trays of one of three following stuffed mushroom types:

      Product DescriptionBest if Enjoyed ByLot NumberUPC

      Traditional Gourmet Portabella Mushrooms
      (2 count tray, 8 oz.)

      2/16/2017120410007-17524-72470

      Pizza style Portabella Mushrooms
      (2 count tray, 8 oz.)

      2/16/2017120410007-17524-72471

      Stuffed Mushrooms
      (6 count tray, 7 oz.)

      2/16/2017120410007-17524-72469

      The recalled products were sold on Friday, February 10, 2017, at the following stores:

      Store #Location
      Kroger 445

      5330 S. Cooper/ Green Oaks
      Arlington, TX 76017

      Kroger 461

      5190 Hwy. 78
      Sachse, TX 75048

      Kroger 529

      4241 Capitol Avenue
      Dallas, TX 75204

      Kroger 566

      3205 University Drive
      Nacadoches, TX 75965

      Kroger 575

      2935 Ridge Road
      Rockwall, TX 75032

      Kroger 695

      5701 W. Pleasant Ridge
      Arlington, TX 76016

      Dillon 072

      10515 W. Central Ave.
      Wichita, KS 67212

      What to do

      Customers who suspect they have purchased the recalled products should dispose them and contact Choice Farms LLC for a refund.

      Consumers with questions may contact Choice Farms at 800-605-0881.

      Choice Farms is recalling a limited quantity of stuffed mushrooms that be contaminated with Listeria monocytogenes.No illnesses have been reported to d...

      Cuban tourism not as robust as some had hoped

      Travel restrictions remain in effect, perhaps dissuading many travelers

      The Caribbean has been jam-packed with vacationing Americans this winter, with one glaring exception: Cuba. The long-isolated nation became open to U.S. tourists in September and the travel industry anticipated a bonanza.

      But Yanquis have been largely staying home or going elsewhere, as airlines and the travel industry realize they may have become carried away with their enthusiasm.  

      The air rush into Cuba “wasn’t based on demand but speculation," said Karen Esposito, general manager of the Cuba Travel Network, in a recent Bloomberg report. And, as is so often the case with speculation, early hopes have been dashed.

      American Airlines has cut back daily flights by 25 percent while JetBlue has put smaller planes on the route because of lower than expected load factors.

      Travel industry analysts say that airlines were so focused on getting one of the 110 daily "slots" for flights into Cuba that they went overboard and put too much capacity onto the routes before there was sufficient demand.

      Open for business

      Part of the problem may be that while Cuba has declared itself open for business, the 54-year-old U.S. embargo that prohibits American tourism to Cuba is still in place. Technically, those traveling to Cuba must fall into one of a number of categories, the most popular being "people-to-people" exchanges. Group tours are usually classified as educational. 

      While it's not hard to meet these requirements, it still imposes an extra layer of effort that many pleasure travelers don't care to make. 

      Also, there are still restrictions on personal financial transactions by Americans in Cuba. In most cases, this means you can't use your credit card in Cuba but must instead carry around a few thousand dollars in cash to pay hotel bills, restaurant tabs, and cab fares -- not something most tourists are eager to do.

      There has reportedly been an epidemic of price inflation as well, as local businesses expected large waves of free-spending Americanos to come ashore at any moment.

      Travel insiders say the regulations really don't inhibit experienced travelers who are well aware that enforcement is minimal. But President Trump's crackdown on border entries is not helping to encourage those who might otherwise risk a trip to the once-forbidden isle, travel industry observers say.

      The Caribbean has been jam-packed with vacationing Americans this winter, with one glaring exception: Cuba. The long-isolated nation became open to U.S. to...

      Oceania's Riviera -- smooth sailing with glorious food

      The Oceania line claims to have the finest cuisine and our reviewer agrees

      Oceania bills itself as the world’s largest upper premium cruise line and claims to offer the "finest cuisine at sea." After sailing Oceania’s Riviera I must agree -- the food was divine. While the Riviera is a beautiful ship with superb service, the highlights of my ten days at sea all involve food.

      It always takes a few days on a new cruise ship to find your way around. What’s the best place for morning coffee? What time do the breakfast venues open? Which lunch options to choose? Is one dinner setting better than another? Oceania offers many choices; the following, except the cooking school, at no extra charge.

      My Favorite Spots

      I love early morning coffee and enjoy watching the sun rise. It took a few days to discover that the Terrace Café, the ship’s buffet restaurant, has wicker tables outside with cushions and when the weather cooperates, it’s a lovely place to greet the morning. Some days I brought my book and stayed, eating breakfast al fresco.

      When early port days necessitated a quick breakfast, room service, available 24 hours a day, provided the best alternative. On sea days, it was lovely to eat a multi-course breakfast in The Grand Dining Room.

      Both the Terrace Café and The Grand Dining Room offer unlimited lattes and cappuccinos and a wide variety of fresh fruit. I was particularly fond of their fruit salad; finely diced so small it resembles a mosaic.

      Lunch options are so plentiful, why wait until noon? Once I found the Waves Grill, the ship’s answer to pool-side dining, I was hooked. Located in a glass enclosed shaded area, how to choose between an array of hamburgers, veggie burgers, salmon burger, paninis, and chicken? And don’t forget the addictive French fries. Lighter options include hearty salads; this was my choice when indulging in dessert, such as gelato, ice cream sundaes, milkshakes, or fresh smoothies.   

      An afternoon tea lover’s dream is available daily from 4:00 p.m. to 5:00 p.m. It’s a formal affair with beautifully set tables, warm scones with cream and preserves, and an amazing array of tea sandwiches, pastries, and cakes.

      Dinner choices

      Dinner choices were so plentiful. There are four specialty restaurants on the Riviera. Toscana is an elegant Italian restaurant and the Polo Grill a classic steakhouse. Both are like special occasion restaurants you might visit at home.

      Stellar choices are Jacques, the first restaurant to bear Jacques Pepin’s name and Red Ginger, a unique take on Asian classics in a stunning setting. The Grand Dining Room is beautiful and offers different selections daily.

      For a casual dinner, I enjoyed the Terrace Café. The tables are set with tablecloths at dinnertime, making it a lovely, casual option. Weather permitting, how special to dine al fresco under the stars.

      The Riviera boasts a cooking school, fee required, offering hands-on instruction. I took the two-hour Fish Master Class where I learned to prepare five types of fish. I not only picked up new cooking techniques, but got to eat the fruits of my labor.

      I’d be remiss if I did not mention the bread. They bake it all day long and I have never had such delicious bread.

      While the Oceania has many merits, their unique food venues and meals are a stand-out. I can’t wait to be back onboard.

      Oceania bills itself as the world’s largest upper premium cruise line and claims to offer the "finest cuisine at sea." After sailing Oceania’s Riviera I mu...

      Feds investigating auto lenders' use of 'kill switches'

      Subprime auto lenders may be using technology to harass borrowers

      The Federal Trade Commission (FTC) is investigating whether subprime auto lenders are using "kill switches" and other technology to illegally harass subprime borrowers, according to a Bloomberg report.

      Auto lenders are under increasuring pressure as consumers increasingly fall behind on their car loans, leading them to use things like "kill switches," which can remotely disable the consumer's car, and GPS units that make it easier for repo men to find and retrieve cars 

      The Bloomberg report said two separate finance companies revealed in their security filings that they had responded to requests from the FTC for information about their use of the technology, thought to be part of a larger overall investigation of the subprime auto lending market.

      New car sales have been brisk, but as the average price of a new car tops $35,000, consumers are taking out longer and longer loans, often as long as seven years, and delinquency rates have been creeping up to a level not seen since 2008, at the height of the financial crisis. 

      Debt collection laws

      While no one expects lenders to walk away from delinquent loans, there are laws that govern debt collection. They include prohibitions against telling third parties about a debtor's payment problems and making false threats to induce consumers to pay up.

      If, for example, a lender used the kill switch to temporarily disable a car to persuade a consumer who was only a month or two behind to pay up, that could potentially be construed as an illegal debt collection practice.

      Somewhere between 35 and 70 percent of new cars have technology that helps lenders keep track of the car's location and, in some cases, disable it, Bloomberg said.

      The Federal Trade Commission (FTC) is investigating whether subprime auto lenders are using "kill switches" and other technology to illegally harass subpri...

      Suit over Odwalla ingredients moves forward

      Lawsuit claims that the Coca-Cola brand was not forthcoming in its labeling

      Do Odwalla drinks and bars contain sugar? It depends on whether you consider "evaporated cane juice" to be sugar. Robin Reese does. In a 2013 lawsuit, she claimed that the Coca-Cola Company fooled consumers by claiming that Odwalla products do not contain sugar.

      The label formerly said they contain evaporated cane juice, which Reese's suit argues is the same thing as cane sugar. Sucrose, in other words. (The labels have since been changed to say "cane sugar.")

      U.S. District Judge Yvonne Gonzalez Rogers earlier this week dismissed arguments made by Odwalla and Coca-Cola, allowing the suit to move forward, according to a Courthouse News Service report. In a 12-page opinion, the judge wrote that Reese's claims are not preempted by the Food, Drug and Cosmetics Act, as Odwalla and Coke had contended. 

      The company had claimed that a 2016 guidance issued by the FDA preempted existing regulations that require products containing sucrose to include sugar on their ingredients list. 

      Perverse results

      “It would produce perverse results if, any time the FDA issues statements or guidance, such would erase liability for corporations which violated the regulations prior to the issuance of the same,” she added.

      Gonzalez Rogers agreed, writing in a 12-page order that Reese’s claims aren’t preempted by the Food, Drug and Cosmetics Act. The 2016 guidance “merely confirmed that [evaporated cane juice] met the definition for sucrose already in the federal regulations, and thus, had to abide by the labeling requirements set forth for sucrose,” Judge Gonzalez Rogers wrote.

      Do Odwalla drinks and bars contain sugar? It depends on whether you consider "evaporated cane juice" to be sugar. Robin Reese does. In a 2013 lawsuit, she...

      How demand for dog walkers could outstrip demand for teachers in coming years

      Researchers say demographic changes could affect spending patterns over the next decade

      An upcoming change in consumer demand could render dog walkers more in demand than teachers over the next decade, a new report suggests. As empty nesting Baby Boomers focus increasing amounts of attention on their pets, pet spending is expected to rise.

      While the shift in consumer mindset may spell good news for furry family members, some less positive changes may be on the horizon for teachers.

      A report from the Conference Board finds that the potential student population comprising five- to 24-year-olds will exhibit sluggish growth due to the downsized post-Millennial Generation Z, which could result in a somewhat less fruitful job market for teachers.

      Changes in spending patterns

      A "reshuffling of the overall consumer mindset" is coming in the next decade, the report’s co-author Brian Anderson told BloombergMarkets. Amid a changing demographic landscape, consumers may notice a few economic changes.

      The business membership and research association’s report found that spending on books, newspapers, and other reading materials will increase as growing numbers of retirees look for ways to fill their newfound free time. Retirees are also expected to spend more on home repairs that they would rather not tackle themselves.

      Health-care expenditures will increase in conjunction with the growing number of Americans between the ages of 70 and 84. Meanwhile, the aging of the overall population will result in smaller increases in spending on goods and services that are popular with younger Americans (namely, restaurant meals and apparel).

      It's worth noting that the study's projections are based exclusively on demographics; its figures don’t factor in the impact of rising wages and wealth over the next 10 years, Bloomberg pointed out. 

      Thus, the report's projected 8.1% rise in total household expenditures over the next decade may be a modest estimation of the increase that will actually happen.

      An upcoming change in consumer demand could render dog walkers more in demand than teachers over the next decade, a new report suggests. As empty nesting B...

      Louisiana supplement maker agrees to stop selling unapproved drugs

      Pick and Pay/Cili Minerals products were presented as cures or preventatives for diseases

      A Louisiana company has been ordered by a federal court to stop selling misbranded, unapproved, and adulterated drugs and dietary supplements. Pick and Pay, Inc./Cili Minerals LLC had claimed that its products could cure or prevent a variety of diseases including cancer, cardiovascular disease, and multiple sclerosis.

      “Dietary supplement manufacturers endanger public health when they make unsupported claims about unapproved drugs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice and FDA will continue to work together to protect the public from unapproved, adulterated and misbranded products, and to ensure that dietary supplement manufacturers furnish accurate information to consumers about the purity and contents of their products.”

      The products at issue include ADD-Ease, Bone Structure, CilZinCo, Calcium, Boron, Potassium, Cilver, Sulfur, and Germanium. 

      According to the complaint, several FDA inspections between 2012 and 2016 allegedly revealed that the defendants failed to ensure the identity, purity, strength, and composition of their finished products.

      The complaint further alleges the defendants violated the FDCA by failing to manufacture products in accordance with FDA’s current good manufacturing practice (CGMP) regulations for dietary supplements, which require manufacturers to have systems in place to ensure that their products meet specifications for identity, purity, strength, and composition. 

      “Consumers deserve to know that the dietary supplements they ingest are safe and comply with the law,” said U.S. Attorney Stephanie A. Finley for the Western District of Louisiana. “When manufacturers and distributors market and distribute misbranded and adulterated products, the Justice Department will take affirmative steps to protect consumers."

      A Louisiana company has been ordered by a federal court to stop selling misbranded, unapproved, and adulterated drugs and dietary supplements. Pick and Pay...

      How walking for 30 minutes per day can improve quality of life for cancer patients

      Researchers found that increasing physical activity improved physical, emotional, and psychological health

      Finding time to exercise can be difficult for many people, but many studies have shown that simply walking for an extended period can impart great health benefits on the average person. Now, a new study shows that it might be even more helpful for people with cancer.

      A new study from the University of Surrey shows that walking for as little as 30 minutes per day can improve quality of life for advanced cancer patients. The researchers, working with colleagues from the Florence Nightingale Faculty of Nursing & Midwifery at King’s College London, found that walking can reduce the severity of cancer symptoms.

      “This study is a first step towards exploring how walking can help people living with advanced cancer. Walking is a free and accessible form of physical activity, and patients reported that it made a read difference to their quality of life,” said lead researcher Dr. Jo Armes.

      Valuing exercise

      An abundance of previous research has shown that physical activity can be beneficial to cancer patients. However, patients commonly reduce their physical activity during treatment, and activity levels tend to stay low after that.

      To gauge the importance of continued physical activity, the researchers split 42 patients into two groups and advised them to either (1) increase their physical activity to include at least 30 minutes of walking per day, or (2) maintain their current physical activity levels.

      After completing the program, participants reported back to the researchers and had their physical health assessed. Those who increased their exercise regimen were found to be physically, emotionally, and psychologically better off than those who only maintained their physical activity levels.

      “The importance of exercise in preventing cancer recurrence and managing other chronic illnesses is becoming clear. . . Findings from this important study show that exercise is valued by, suitable for, and beneficial to people with advanced cancer,” said co-author Emma Ream. “Rather than shying away from exercise, people with advanced disease should be encouraged to be more active and incorporate exercise into their daily lives where possible.”

      Improved quality of life

      Although the researchers highly praised the effects of exercise in improving health, some of the most poignant testimonials come from the participants themselves. One person commented on how much their daily walks improved their quality of life.

      “The impact has been immense! It gave me the motivation to not only increase walking activity from minutes to 3-4 hours per week but also to reduce weight by altering diet, reducing sweets/sugars. Great boost to morale. No longer dwell on being terminal – I’m just . . .  getting on with making life as enjoyable as possible, greatly helped by friends made on regular ‘walks for life.”

      The full study has been published in BMJ Open.

      Finding time to exercise can be difficult for many people, but many studies have shown that simply walking for an extended period can impart great health b...

      Study finds 178 million exposed cyber assets in the U.S.

      Consumers can be spied on and could become part of a crime ring without adequate security

      Are your cyber assets exposed? If so, you're not alone. A new study by Trend Micro finds that no fewer than 178 million internet-connected devices in the U.S. are exposed to hacking.

      Very simply, an exposed cyber asset is a device like a router, webcam, or DVR that's connected to -- and visible on -- the public internet. Such devices can be used to spy on their owners and can often be taken over and used in cyberattacks on others.

      The study looked at the ten largest U.S. cities and found that Los Angeles has the highest number of exposed assets, followed by Houston and Chicago.

      Interestingly, the study said that the majority (79%) of exposed DVRs are in Chicago and more than three quarters (80%) of all exposed DVRs are made by TiVo.

      Internet-connected cameras that are most exposed include home cameras made by D-Link and security cameras made by GeoVision and Avtech

      What to do

      The router is like the front door to your home's internet. If it is not secure, criminals can break into your local connection and potentially monitor your activities and even, in some cases, make off with your private data.

      An unsecured router can also be turned into a "zombie," meaning that it can become part of a "botnet" (the cyber equivalent of those roving bands you see on The Walking Dead). While this may not affect you directly, it turns your home into a crime scene and makes you part of the global networks that support terrorism, child pornography, and identity theft.

      The most basic security step is to never buy a used router. Second is to always change the password on any router you buy. The password you choose should be long (preferably 16 characters or so) and complex -- a combination of upper- and lower-case letters, numbers and symbols.

      Write the password down, but don't leave it in plain view where visitors can see it. It's important to note here that we're not talking about the password you set up for wi-fi (which can be a little simpler if you wish) but rather the administrator password for the router. 

      Thie third step is to buy a router that has an embedded security solution. Trend Micro notes that it has partnered with ASUS to pre-install a security layer on ASUS routers. Similar solutions are available from other vendors.

      Trend Micro offers a free guide to securing your router. 

      Are your cyber assets exposed? If so, you're not alone. A new study by Trend Micro finds that no fewer than 178 million internet-connected devices in the U...

      Profile of an investment fraud victim

      AARP finds the victim tends to be older and overconfident about their financial abilities

      Investment fraud is one of the oldest scams going. Someone who appears trustworthy holds out the prospect of generous returns on an investment.

      But it turns out there really wasn't an investment. The trusted individual was simply pocketing the money.

      Since these scams are so widespread, AARP set out to learn if there are common characteristics of people who become victims. As it turns out, there are.

      The survey by the AARP Fraud Watch Network found that people most susceptible to these schemes are not inexperienced investors, but just the opposite. They possess a high degree of confidence in high-risk, unregulated investments -- perhaps too much confidence.

      A touch of greed

      In fact, they usually own stocks and tend to trade more actively than the typical investor. They may also have a touch of greed and are willing to consider unregulated types of investments.

      Rather than being skeptical of unsolicited telephone and email pitches, they tend to be willing to listen, since they place a high value on wealth accumulation. Victims also tend to be older, usually retired.

      AARP has tailored a new warning campaign about investment fraud to the inclinations of the typical investment fraud victim. Included in the campaign is an online quiz, so consumers can test themselves. Take the quiz and see how vulnerable you are.

      The investment fraud problem has been worse in recent years because of economic changes. Not only are more retired people living without a defined benefit pension, interest income from traditionally safe investments like CDs and bonds has been non-existent. That increases pressure to maximize return in other ways, and that's where inexperienced investors can get into trouble.

      Only invest in things you understand

      AARP says consumers should only invest in things they understand, under the guidance of a trusted and credible broker or adviser. The adviser should not be making a big profit on whatever investment you choose, and they should fully disclose any fees or compensation.

      One final gauge to judge an investment: there is a relationship between risk and reward. An investment that promises a large return will always carry a higher risk. The safest investments offer only modest returns.

      Investment fraud is one of the oldest scams going. Someone who appears trustworthy holds out the prospect of generous returns on an investment.But it t...

      Saputo Inc. recalls Gouda cheese products

      Officials say the goods may be contaminated with listeria

      Saputo Inc. has initiated a recall of certain Gouda cheese products over concerns of a potential listeria contamination. Supplier Deutsch Kase Haus LLC notified the company of the danger after finding that its products may have been compromised

      Listeria monocytogenes is an organism that can be potentialy fatal to young children, the elderly, or consumers with frail or compromised immune systems. However, even healthy consumers can experience symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain, and diarhhea. Pregnant women who are infected stand the chance of having a miscarriage or stillbirth.

      The recall covers two products -- Great Midwest Applewood Smoked Gouda Cheese and Dutchmark Pasteurized Processed Smoked Gouda Cheese. Both were sold nationwide, primarily in retail stores and at deli counters.

      Information on the brand, product, pack size, universal product code (UPC), and "Sell By" date can be found below. No illnesses have been associated with this recall thus far.

      What to do

      Consumers who have purchased either recalled product are urged to dispose of it or return it to the place of purchase for a full refund. If you are concerned about any illness or injury as a result of consuming the product, contact your healthcare provider immediately.

      For more information, consumers can contact the company at 1-877-578-1510, Monday through Frida, between 9 a.m. and 9 p.m. EST. 

      Saputo Inc. has initiated a recall of certain Gouda cheese products over concerns of a potential listeria contamination. Supplier Deutsch Kase Haus LLC not...