Current Events in January 2019

Sofina Foods is recalling Crisp & Delicious brand Chicken Breast Nuggets that may be contaminated with Salmonella.

An outbreak of human illness is currently under investigation.

The following product, sold in the Canadian provinces of British Columbia, Manitoba, Ontario, and possibly throughout Canada, is being recalled:

What to do

Customers who purchased the recalled product should not consume it, but discard it or return it to the store where purchased.

Consumers with questions may contact Sofina Foods at (855) 763-4621.

Tyson Foods of Sedalia, Mo., is recalling approximately 36,420 pounds of chicken nuggets.

The products may be contaminated with extraneous materials -- specifically pieces of rubber.

There have been no confirmed reports of adverse reactions due to consumption of these products.

The following item, produced on November 26, 2018, is being recalled:

• 5-lb. plastic packages of “Tyson WHITE MEAT PANKO CHICKEN NUGGETS” with a “BEST IF USED BY” date of “NOV 26 2019,” case code “3308SDL03” and time stamps 23:00 through 01:59 (inclusive).

The recalled product, bearing establishment number “P-13556” inside the USDA mark of inspection, was shipped to retail locations nationwide.

What to do

Customers who purchased the recalled product should not to consume it, but discard it or return it to the place of purchase.

Consumers with questions about the recall may contact Tyson consumer relations at (888) 747-7611.

Not that Hallmark has made a big deal out of it -- and your office probably didn’t throw a party to celebrate -- but Monday was “Data Privacy Day,” a real thing powered by the National Cyber Security Alliance.

Out of the digital deliverers that participated, Facebook took the greatest advantage of the opportunity by putting its game face on and unveiling a new Privacy and Data Use Business Hub.

If you collect it, protect it

The new hub is built around resources businesses can use to guarantee that whatever they do on the Facebook platform is up to snuff and protects users’ privacy.

Taking a cue from the Security Alliance’s mantras, Facebook gets as granular as possible in the transparency of its new self-imposed guidelines, all the way down to the code used in a macro process like when a business’ app is launched.

“We believe that when people see an ad on Facebook it should be clear who it’s coming from,” the company wrote in its overview of the new hub.

And trying to avoid gaffes like the one it made with Cambridge Analytica, Facebook says that ads related to politics will have to go through a stringent process before they are approved.

“Before we authorize advertisers to run ads related to politics they must complete ad authorization and provide proof of ID and residency. Confirming the identity and residency of each person who creates ads that relate to politics helps us ensure authentic advertising and prevent foreign election interference,” the platform said.

Time to double-check your privacy settings

In addition to a reset of how Facebook’s advertisers need to honor users’ privacy settings, the company also sent out invitations to its flock to take part in a Privacy Checkup.

It appears Facebook wants its members to know they can’t just assume their personal data is safe and is asking them to take an active role in what’s shared or collected.

For example, did you know you can change your audience each time you post? That you may have made things like your hometown or birth date available to the whole world? Or that Facebook keeps tabs on how you may have logged into its platform through other websites, like ESPN?

Yes to all of those -- and more -- all under the consumer’s control and reviewable in the privacy checkup.

2019 is going to be interesting

While “data privacy” and “Facebook” haven’t exactly been a matched pair in the last year, the company seems attentive to turn that around in 2019. It’s likely banking on its advertiser base to do its part by following the new guidelines.

“Facebook is setting a higher bar for transparency of advertising related to politics and issues of national importance. We've already imposed new labeling and disclaimer requirements in the U.S., U.K., Brazil, and India, and we'll continue to roll out these changes globally through 2019,” the company said.

The consumer is part of Facebook’s annual plan, too. “This year we’ll do more to explain how Facebook uses people’s data and provide people with more transparency and control,” wrote Erin Egan, Chief Privacy Officer, Policy, in a blog post. “In the coming months we will launch Clear History, a new control to let you see the information we get about your activity on other apps and websites, and disconnect that information from your account.”

Also high on Facebook’s 2019 to-do list has to be getting compliant with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Both of those new safeguards give consumers enormous control over their personal data, and getting out of line can cost a company some serious money. Google recently found out just how serious when the French privacy watchdog CNIL (Commission nationale de l'informatique et des libertés) fined the company 50 million Euro for violating the GDPR.

Apple’s unfortunately timed privacy snafu

The United States doesn’t have a data privacy law that blankets the entire country… yet. Apple’s CEO, Tim Cook, is shouting from the rooftops about the crisis of data collection, and he is on record saying Apple would fully support the introduction of a “comprehensive federal privacy law in the United States.”

However, Data Privacy Day threw the kind of surprise party Apple would like to forget. Just as Cook tweeted “On this #DataPrivacyDay let us all insist on action and reform for vital privacy protections,” reports surfaced that Apple iPhones were causing the company some unexpected anxiety. When users make calls on the FaceTime app, they can hear the person on the other line before the recipient has agreed to accept the call.

You can imagine that Apple was anything but pleased with the news. As consumers began sounding alarms about the eavesdropping bug, an Apple spokesman told reporters that “we’re aware of this issue and we have identified a fix that will be released in a software update later this week.”

People who own iPhones have noticed a disturbing phenomenon. When they make calls on the FaceTime app, they can hear the person on the other line before the recipient has agreed to accept the call.

And if the recipient tries to block the call or turn off the device, their video camera automatically turns on, unbeknownst to the person being recorded.  A video is then sent back to the caller.

The discovery wasn’t made by a security research firm, but by iPhone users who caught the flaw and posted videos on social media to demonstrate how it works. The Apple news site 9to5mac.com then successfully recreated the bug using two iPhones that run on Apple’s 12.1 operating systems.

“The damage potential here is real. You can listen in to soundbites of any iPhone user’s ongoing conversation without them ever knowing that you could hear them,” the publication wrote on Monday. “Until Apple fixes the bug, it’s not clear how to defend yourself against this attack either aside from disabling FaceTime altogether.”

Issues surfaces on Data Privacy Day

The discovery came on January 28, the same date as Data Privacy Day, a holiday created by tech industry giants to celebrate privacy. Or the idea of privacy, anyway.  

“On this #DataPrivacyDay let us all insist on action and reform for vital privacy protections,” Apple CEO Tim Cook tweeted on Monday, in celebration of the holiday.

In practice, Apple seems not particularly excited about tackling this privacy issue. As consumers began sounding alarms about the eavesdropping bug, an Apple spokesman told reporters that “we’re aware of this issue and we have identified a fix that will be released in a software update later this week.”

With no specific date provided by Apple as to when the problem will be fixed, Apple experts and New York Governor Andrew Cuomo have urged people to disable their FaceTime app to avoid being unknowingly recorded by people on the other line.

"The FaceTime bug is an egregious breach of privacy that puts New Yorkers at risk," Cuomo said in a statement.

As of Monday evening, Apple appeared to disable the group chatting feature on FaceTime.

Over the next several days, about 220 million people in the U.S. will endure bone-chilling temperatures, blizzard-like conditions, or both. In fact, the temperature plunge slated to take effect in many regions between Tuesday and Thursday is expected to shatter records.

Temperatures will tumble to 20-40 degrees below zero in the Upper Midwest and Great Lakes. Much of the Ohio Valley, and the interior Northeast may see subzero-cold lows by late-week. For those along the Northeast Interstate 95 corridor, Thursday will be the coldest day -- lows will be in the single digits from Washington D.C. to Boston.

In a warning to residents of Des Moines, Iowa, the National Weather Service advised people who plan to go outside to “avoid taking deep breaths, and minimize talking.”

“This is the coldest air many of us will have ever experienced,” the National Weather Service said.

Prepare your home

In advance of the bitterly cold temperatures, consumers can take several steps to prepare their homes:

• Protect your pipes. To prevent water from bursting after freezing in your pipes, leave faucets dripping. The water can be left to collect in a bucket and later used for other purposes around the home, such as watering plants or washing dishes.

• Change your furnace filter. Make sure your home can warm properly by replacing filters. Clogged filters are less efficient.

• Reverse the direction of your ceiling fans. Blades should be set to turn clockwise to circulate warm air from the ceiling down into the room.

• Seal cracks. To keep warm air circulating, seal places that may allow warm air to leak from your home to your attic, such as around vent pipes and exhaust fans.

Layer up and cover extremities

Before going outside, consumers are advised to bundle up. Wearing three to four layers is optimal in extremely cold temperatures. All skin, including ears and face, should be kept covered.

However, meteorologists say going outside in frigidly cold temperatures should be avoided if possible, as hypothermia and frostbite can occur in a matter of minutes.

Prepare your car

To prepare your car to operate efficiently during cold temperatures and/or snowy roads, ACDelco, a General Motors' automotive parts brand, suggested the following tips:

• Replace wiper blades that can't effectively clear the glass. If wiper blades leave streaks or squeal when in use, it’s time for them to be replaced.

• Keep an eye out for windshield cracks or chips. Cold temperatures can cause the glass to contract, putting stress on any existing damage. A windshield crack is likely to spread horizontally, the company said.

• Keep coolant at equal parts antifreeze and water ratio. In extreme cases, negative temperatures can cause coolant mixtures to freeze. Keeping this ratio can help drivers avoid their coolant freezing over when temperatures fall below zero.

• Check tire pressure. Tire pressure tends to drop as temperatures plummet, which could lead to damage or failure in winter conditions. Check your tire pressures and refer to the tire pressure placard on the inside driver's door sill for proper tire inflation pressures.

• Make sure your car's battery is fully charged. "Batteries are hit especially hard when temperatures plummet," ACDelco warned.

• Keep an emergency kit in the car. Emergency kits can be lifesavers, "especially if there is any possibility you could end up on a deserted road with heavy snow falling," the company said.

On Wednesday, February 13, two U.S. House panels will hold a joint hearing to discuss the proposed merger of T-Mobile and Sprint.

The hearing will “examine the merger’s potential impacts on consumers, workers and the wireless industry,” the House Energy and Commerce Committee and the Judiciary Committee said in a press release.  

T-Mobile CEO John Legere and Sprint CEO Marcelo Claure are both set to testify at the hearing.

“A merger between T-Mobile and Sprint would combine two of the four largest wireless carriers and the carriers with the largest numbers of low-income customers,” the Committees said in a joint statement.

“As the Committees with oversight of the Federal Communications Commission and Department of Justice, we must hold this hearing to examine the effects on important issues like jobs, costs to consumers, innovation and competition,” said Pallone, Nadler, Doyle and Cicilline.  “We look forward to examining this merger from the perspective of what is in the best interest of consumers and hardworking people.”

Despite approval, opposition remains

Last month, the Sprint and T-Mobile merger was granted approval from U.S. national security officials. The news came just days after a number of parties announced their opposition to the merger.

Critics of the deal say it would reduce competition, cost thousands of jobs, and lead to higher prices for consumers. T-Mobile and Sprint have argued that joining forces is necessary to introduce 5G services.

“I am looking forward to sharing the benefits of the T-Mobile / Sprint merger with the House Commerce and Judiciary Committees on 2/13,” T-Mobile CEO John Legere said. “It’s a great opportunity to explain why it’s good for consumers, good for competition and good for the country.”

Before T-Mobile’s $26 million takeover of Sprint can take place, the deal must be approved by the FCC and DOJ.

The American Academy of Pediatrics (AAP) has called for the creation and implementation of new federal regulations that could help lower the rate of vaping among minors.

Citing its own data, the AAP pointed out that e-cigarette use among teens has jumped 75 percent since 2017. The group said that 20 percent of high school students and 5 percent of middle school students used e-cigarettes last year.  

“E-cigarettes are marketed to youths by promoting the products’ sweet and fruity flavors via media channels and advertising strategies used successfully by the tobacco industry to market conventional tobacco products to youths,” the AAP said in a new policy statement.

Combating the rise in teen vaping

To address what the FDA has declared an “epidemic” affecting young people, the AAP called for action on the part of federal regulators. On Monday, the organization called for new federal regulations, including:

• Setting a minimum age of 21 to buy the products;

• Banning online sales and youth-targeted marketing; and

• Stopping production of certain flavored e-cigarette products.

"Nicotine is highly addictive, and we know that the earlier that someone uses nicotine products in childhood, the more difficult it is to quit later," said Dr. Brian Jenssen, lead author of the new policy statement.

Earlier this month, FDA Commissioner Scott Gottlieb expressed similar concerns regarding the rise in teen vaping. Gottlieb warned that if e-cigarette makers fail to take sufficient measures to counter the teen vaping epidemic, e-cigarette products could be wiped from the market entirely.

“I still believe e-cigs offer an opportunity for currently addicted adult smokers to transition off cigarettes and onto products that may not have the same level of risks,” Gottlieb said. “But if youth use continues to rise, the entire category faces an existential threat.”

The AAP warned in its latest policy statement that the increasing use of e-cigarettes among minors “threatens five decades of public health gains.”

A federal grand jury in New York has delivered a 13-count indictment against Chinese technology equipment maker Huawei and one of its key executives on charges of bank fraud and stealing state secrets.

The indictments, long expected, are a complicating favor as the U.S. and China attempt to resolve trade tensions. Included in the indictments are Huawei and two Huawei affiliates — Huawei Device USA Inc. (Huawei USA) and Skycom Tech Co. Ltd. (Skycom) — as well as Huawei’s Chief Financial Officer (CFO) Wanzhou Meng, daughter of the company’s founder.

Huawei and Skycom face charges of bank fraud, conspiracy to commit bank fraud, wire fraud, and conspiracy to commit wire fraud. They are also accused of conspiracy to violate trade sanctions against Iran.

Meng, who was arrested in Canada weeks ago, is charged with bank fraud, wire fraud, and conspiracies to commit bank and wire fraud. In a statement to the media, the company said it is disappointed to learn of the indictments.

‘Fraudulent financial scheme’

“As charged in the indictment, Huawei and its chief financial officer broke U.S. law and have engaged in a fraudulent financial scheme that is detrimental to the security of the United States,” said Homeland Security Secretary Kirstjen Nielsen.  “They willfully conducted millions of dollars in transactions that were in direct violation of the Iranian Transactions and Sanctions Regulations, and such behavior will not be tolerated.”

Commerce Secretary Wilbur Ross called the indictments a sign that the Trump administration is serious about changing the dynamics of the U.S. and China’s trade relationship by charging Chinese firms with violating U.S. export laws and undermining sanctions for years.

“The Trump Administration continues to be tougher on those who violate our export control laws than any administration in history,” Ross said.

Subsidiaries charges

The case against the two Huawei subsidiaries accuses the companies of stealing trade secrets, wire fraud, and obstructing justice. Specifically, they’re accused to lifting technology from T-Mobile to develop better smartphones.

Meanwhile, the Trump administration has taken steps to discourage American firms from purchasing Huawei routers, claiming they can be used to spy on American citizens and corporations.

While Huawei is one of the world’s largest tech companies, U.S. consumers have little contact with it because of security concerns. It is the world’s second largest producer of smartphones but does not have a vendor in the U.S.

Older adults are more likely than other consumers to require a trip to the hospital emergency room (ER). Major risks include falls, heart failure, and dangerous fluctuations in blood pressure.

But the biggest issue sending seniors to the ER are complications from diabetes, a fact that suggests older Americans are increasingly overweight or obese and are neglecting their nutrition.

New research published in Annals of Emergency Medicine also lists heart disease, kidney disease, congestive heart failure, and blood vessel blockage as reasons for seniors to visit the ER.

"Efforts to improve care for vulnerable older Americans should focus on enhancing delivery and decreasing utilization," said Edward M. Castillo, an associate adjunct professor with the University of California San Diego Department of Emergency Medicine and lead study author.

"Older patients are more likely to have multiple chronic conditions which make emergency care increasingly complex. A better understanding of older patients opens the door for interventions in and beyond the emergency department."

Seniors account for 34 percent of ER visits

A recent study by George Washington University Medical Center found that seniors now account for more than a third of ER visits over the last decade. That study failed to pinpoint a reason for the increase, but it suggested that one possibility could be that people are living longer and are subject to more chronic ailments.

In the Annals of Emergency Medicine study. diabetes complications are cited as the reason for ER visits more than 25 percent of the time, followed by chronic pulmonary disease at 21.5 percent. Nineteen percent of ER visits by seniors are caused by kidney disease, while congestive heart disease is responsible for 16 percent of seniors’ trips to the ER.

Seniors made up about 15 percent of the population but accounted for 21 percent of health care spending in 2012, according to the Agency for Healthcare Research and Quality (AHRQ). The Centers for Disease Control and Prevention (CDC) reports that seniors account for more than 15 percent of emergency visits nationwide.

Opportunities

"This study shows that there are opportunities for both cost savings and more targeted interventions to help improve outcomes for seniors in the emergency department, where they often experience the health care system," said Kelly J. Ko, PhD, Director of Clinical Research at the West Health Institute and study co-author.

According to the American Diabetes Association (ADA), more than 25 percent of the U.S. population over age 65 suffers from diabetes, with aging cited as a significant risk factor. When the disease affects older adults it is linked to higher mortality rates, reduced functionality, and the increased risk that the patient will require early nursing care.

Perdue Foods of Bridgewater, Va., is recalling approximately 16,011 pounds of ready-to-eat chicken nuggets.

The product contains milk, an allergen not declared on the label.

There have been no confirmed reports of adverse reactions due to consumption of these products.

The following item, produced on January 10, 2019, is being recalled:

• 12-oz. packages of “PERDUE Fun Shapes Chicken Breast Nuggets” with a “USE BY” date of “MAR 11 2019” and lot codes 17009010 – 19009010.

The recalled product, bearing establishment number “P-369” inside the USDA mark of inspection, was shipped to retail locations in Connecticut, Delaware, Washington, DC, Maine, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia.

What to do

Consumers who purchased the recalled product should not consume it, but discard it or returned it the place of purchase.

Consumers with questions regarding the recall may contact Perdue consumer care at (866) 866-3703.

Mrs. Grissom’s Salads is recalling a single days production of Mrs. Grissom’s Old Fashioned Pimento Cheese dated MAR 13 2019.

The product may contain milk, an allergen not declared on the label.

While the correct Pimento Cheese label was on top lid, there may be a Mrs. Grissom’s SELECT Cranberry Pecan Chicken Salad label on the container.

There have been no reports of allergic reactions or illness associated with this product.

What to do

Customers who purchased the recalled product and are allergic to milk, or who are unsure they are allergic to milk, should not consume it.

Consumers requesting a refund or with questions may contact Mrs. Grissom’s consumer services at (615) 255-4137

Thrive Market is recalling unexpired lots of various Thrive Market-branded nut butters.

The products may be contaminated with Listeria monocytogenes.

The following products, sold nationwide via Thrive Market’s ecommerce subscription service to its members, as well as other online retailers, are being recalled:

The “Best By” date and lot code can be found on the jar above or below the label.

What to do

Customers who purchased the recalled products should discard them.

Consumers with questions may visit the firm's Recall Information FAQ webpage or contact the member services team by email at help@thrivemarket.com\.

The prevailing narrative about the end of the government shutdown, achieved Friday, is that President Trump blinked -- that he gave in to demands of Congressional Democrats who refused to vote for one dime to pay for a wall to seal off America’s southern border.

But is that the case? In announcing he would sign a three-week authorization bill to keep the federal government operating “temporarily,” Trump warned that he would shut the government down again unless funding for the border wall was approved.

On CBS’s Face The Nation Sunday, White House Chief of Staff Mick Mulvaney said Trump is “probably” prepared to shut the government down again unless Congress approved money to begin constructing a wall between the U.S. and Mexico.

“Yeah, I think he actually is,” Mulvaney said on the program. “He’s willing to do whatever it takes to secure the border.”

On Friday the president signed a continuing resolution to fund the government through February 15. In the meantime, Congress has that time to work out a spending bill that will meet with the president’s approval but can also pass both houses of Congress.

Difficult task

That may not be an easy task. Trump has said he will not sign a bill that does not contain some funding to begin construction of a border wall. House Speaker Nancy Pelosi has said she will not support any funding to begin construction of a wall.

Without that funding, Trump has said he is willing to allow the federal government to shut down a second time.

When he signed the authorization bill Friday, Trump also said he is willing to declare a national emergency and take money from the Pentagon budget to begin wall construction. The president said he doesn’t want to have to take that step but is prepared to do it.

Uncharted territory

Democrats don’t want Trump to take that step either since it moves the country into uncharted territory. Not only would it allow the president to spend money not approved by Congress to seal off the nation’s southern border, but it could also set the stage for other unilateral spending initiatives, as long as they were classified as an emergency.

Polls suggest Trump has taken the political hit, much more so than Congressional Democrats, for the longest government shutdown in history. But Mulvaney suggests the president is willing to spend more political capital, shutting the government down a second time, if Congress refuses to appropriate some money for southern border security.

According to The Hill, both Republicans and Democrats in Congress are skeptical of Trump’s chances of securing enough votes for a border wall.

There’s a new study regarding electric scooter accidents and, simply put, it’s not pretty.

UCLA (University of California Los Angeles) researchers confirm an earlier ConsumerAffairs report that 1 in 3 people involved in electric scooter accidents are injured severely enough that they require emergency room-level treatment.

Fractures, dislocated joints, and head injuries are the most frequent injuries the researchers gleaned from 249 people treated at the emergency departments of UCLA Medical Center in Santa Monica and Ronald Reagan UCLA Medical Center between September, 2017 and August, 2018. The study found that nearly a third of them were carted off to the ER via ambulance, proof of how severe their injuries were.

While the stories of e-scooter-related accidents have been real head-shakers -- like the story of the man who hopped on an e-scooter drunk and ran over a pedestrian -- consumers have to realize that today’s scooters are light years away from the metal kick scooters they rode on sidewalks as kids.

“There are thousands of riders now using these scooters, so it’s more important than ever to understand their impact on public health,” said Dr. Tarak Trivedi, a scholar in the National Clinician Scholars Program at the David Geffen School of Medicine at UCLA.

Accident details

The study reports that the most common injuries -- coming from either the scooter riders or pedestrians involved in collisions with the scooters -- were falls at 74 percent. After falls came collisions with objects (10 percent), or being struck by a moving vehicle like another scooter, a car, or a bicycle (8 percent).

A deeper dive into the study raises other points -- and red flags:

• Close to 92 percent (228) of the injured people were riders, and 8 percent (21) were non-riders, including pedestrians who were struck by scooter riders or who stumbled over a discarded scooter.

• Only 4 percent (10) of riders were documented to be wearing a protective helmet while riding their e-scooter.

• Nearly 5 percent of patients had either a blood alcohol content greater than 0.05 percent or were perceived by physicians to be intoxicated.

• Injuries fell into one of three categories: head injuries (40 percent), fractures (32 percent), and cuts, sprains, or bruises without a fracture (28 percent).

• Fifteen of the people surveyed were admitted to the hospital, two of whom were treated in an intensive care unit.

"E-scooters are convenient and useful, but riders should make safety a priority. As an ER doctor and someone who uses the scooters myself, I never ride without a helmet,” Trivedi told ConsumerAffairs. Trivedi said that while scooter companies typically recommend riders wear helmets, riders often defy those guidelines.

Cautionary tales

E-scooters are a growing concern for city governments -- not only from a safety perspective but from a regulatory perspective as well.

Recently, Seattle found itself in a tug-of-war with scooter manufacturer Lime. In San Francisco, Lime and competitors Spin and Bird reportedly flooded the streets with their e-scooters without going through the city’s scooter permitting process, sparking a cease-and-desist letter from the City Attorney.

The scooters are also creating other legal issues. Last year in Santa Monica, California -- the so-called “epicenter of the electric scooter phenomenon” -- a lawsuit was filed against numerous e-scooter companies after a street performer was knocked over by an e-scooter.

In light of what Santa Monica’s city fathers witnessed, the city began a public safety campaign with Bird and Lime, two of the leading e-scooter suppliers. As a follow-up, the city then launched a pilot program intended to make headway on administrative regulations for shared scooters and bikes.