Current Events in April 2019

Nestlé Purina PetCare Company is recalling a limited amount of Muse wet cat food Natural Chicken Recipe in Gravy.

The product may contain pieces of rubber that are translucent yellow with a blue backing, which may present a potential choking hazard.

The are no reports to date of injury or illness to cats fed this product.

The following item, sold nationwide at pet specialty and e-commerce retailers, is being recalled:

What to do

Customers who purchased the recalled product should discard it.

Consumers with questions may contact the company at (800) 982-3885, 24/7.

Mercedes-Benz USA (MBUSA) is recalling 12 model year 2018 CLA250s and CLA250 4MATICs.

The tail lights and the side marker lights may flicker or fail, affecting the vehicle's visibility and increasing the risk of crash.

What to do

MBUSA will notify owners, and dealers will replace the affected light bulb sockets free of charge.

The recall is expected to begin on April 26, 2019. Owners may contact MBUSA customer service at 1-800-367-6372.

Chrysler (FCA US LLC) is recalling 33 model year 2019 Ram 1500s equipped with a 48v auxiliary battery system located behind the rear seat (sales code: XBZ).

Due to an incorrect assembly repair process, the auxiliary battery wire terminal connection may overheat.

If the auxiliary battery system overheats, there is an increased risk of a fire within the cabin even if the ignition is off.

What to do

Chrysler has notified owners, and dealers will properly secure the auxiliary battery fasteners free of charge.

The recall began March 15, 2019.

Owners may contact Chrysler's customer service at 1-800-853-1403. The Chrysler number for this recall is V17.

Under new legislation passed in the New York state budget, single-use plastic bags will be banned statewide starting March 1, 2020.

The plan gives individual counties in New York the option of charging 5 cents per paper bag, with 2 cents going to local governments and 3 cents to the state's Environmental Protection Fund. The idea is to push consumers toward using reusable bags instead of simply switching from plastic to paper.

“Carve outs” woven into the deal state that consumers can still get plastic carry-out bags for food, have dry cleaned items placed in plastic bags, and put produce in plastic bags at the grocery store.

"I am proud to announce that together, we got it done," Gov. Andrew Cuomo and fellow Democrats said in a joint statement announcing the plastic bag ban and other budget agreements.

New York steps up sustainability efforts

The agreement makes New York the third state, after Hawaii and California, to enact a statewide ban on single-use plastic bags. The deal is intended to keep plastic bags from damaging waterways and ecosystems.

"With this smart, multi-pronged action New York will be leading the way to protect our natural resources now and for future generations of New Yorkers," Cuomo said in a statement Friday when the deal was announced by hadn’t yet been finalized.

“Every year, there are billions – billions with a ‘b’ – of bags that are thrown away after just one use. The average plastic bag use is about 12 minutes… we just have this disposable plastic craze and it is adding up,” added state Sen. Todd Kaminsky (D-Long Island), who sponsored the bill.

Mayor Bill de Blasio said he has “long advocated” for a statewide ban on single-use plastic bags and has vowed to work on a plan to help people get reusable bags.

“These bags litter our streets and threaten our planet,” de Blasio said in a statement. “It is our job to lead the fight against climate change and fossil fuels so that our kids aren't forced to deal with the irreparable consequences.”

A federal court judge in Connecticut has ruled that a class action lawsuit against Nestle Waters can proceed.

The ruling comes nearly a year after the court dismissed a nearly identical lawsuit, which claimed Nestle’s Poland Spring bottled water is merely groundwater, not spring water as the company claims. The suit, filed by a dozen plaintiffs who reside in eight different states, accuses Nestle of misleading consumers with deceptive claims.

“Nothing in the court’s recent decision undermines our confidence in our overall legal position,” a spokesman for Nestle Waters told Fox News. “We will continue to defend our Poland Spring Brand vigorously against this meritless lawsuit.”

The company says an independent investigation by a law firm confirmed that Poland Spring water meets all the Food and Drug Administration’s definitions of “spring water.” In the wake of the court’s latest ruling the company is doubling down on its position that its product is “100 percent natural spring water.”

Previous suit was dismissed

Nestle thought it had put this matter to rest last May. At that time the same federal judge in Connecticut, where the company is based, dismissed a similar suit filed by 11 plaintiffs.

The court dismissed the complaint after reviewing the results of an independent investigation into whether Poland Spring meets the requirements of the federal spring water standard.

At that time the company released a statement from former U.S. Senator George Mitchell (D-Me.), chairman emeritus of the law firm of DLA Piper, saying Poland Spring brand water sources “satisfy the requirements of the federal spring water identity standard, and as a result, the use of the term ‘spring water’ on Poland Spring labels is both accurate and appropriate.”

Both cases hinge on regulations covering water products, which are specific. The standards include:

• The water flows naturally to the surface of the earth    

• The water is collected only at the spring or through a borehole tapping the underground formation feeding the spring

• A natural force causes the water to flow to the surface through a natural orifice

• The location of the spring is identified    

• Water collected with the use of an external force shall be from the same underground stratum as the spring, as shown by a measurable hydraulic connection using a hydrogeologically valid method between the borehole and the natural spring, and shall have all the physical properties, before treatment, and be of the same composition and quality, as the water that flows naturally to the surface of the earth.

The plaintiffs in the latest lawsuit claim the company’s marketing is deceptive, alleging that Poland Spring water comes from “phony man-made wells."

On Tuesday, the price of Bitcoin suddenly hit its highest level since late November after jumping more than 15 percent to $4,800 on the CoinDesk exchange. The price surge sent the price of the smaller cryptocurrencies, known as “altcoins,” up as well.

Many experts attributed the rise to a major cryptocurrency order worth about $100 million from a single “mystery buyer,” according to Reuters.

“There has been a single order that has been algorithmically-managed across these three venues, of around 20,000 BTC,” Oliver von Landsberg-Sadie, head of a cryptocurrency brokerage firm, told Reuters. “If you look at the volumes on each of those three exchanges – there were in-concert, synchronized, units of volume of around 7,000 BTC in an hour,” he added.

Bitcoin volatility

In December 2017, the price of Bitcoin jumped to an all-time high of almost $20,000. It then, however, proceeded to fall over 76 percent in 2018. The cryptocurrency’s volatility and fears of regulation have led to waning interest among retail investors.

“Bitcoin has been trading range bound for a while now and shaking off some of the negative sentiment that it accrued in 2018,” Charles Hayter, chief executive of digital currency comparison firm CryptoCompare, told CNBC. “This trigger was through volume-led price action driving the price and triggering algos on a breakout.”

Experts say it’s too soon to say whether the cryptocurrency market is back into a bull phase.

“The $5,150 and $5,850 levels remain key moving forward,” writes Oliver Knight for Coin Rivet. “If Bitcoin can continue its upside move through these levels, it could well spell the start of a bull market.”

“Hey, Google, I need some milk.”

And voila -- a half-gallon appears on your doorstep, right?

Close.

We’re not at the genie-in-a-bottle point in technology yet, but Google and Walmart have officially launched their make-life-easier initiative using Google Assistant in tandem with Walmart’s grocery pickup and delivery -- a plan that’s spent the last year and a half in the incubator.

“Hey, Google -- say hello to Walmart Voice Order.”

“With the new voice ordering capabilities we’re building across platforms with partners like Google, we’re helping customers simply say the word to have Walmart help them shop … literally,” blogged Tom Ward, Walmart U.S.’s senior vice president of Digital Operations.

Ward noted that the service is currently in limited release, but he has intimated that the new functionality will help consumers quickly shop for the items they need.

“Sometime later this month, customers can say, ‘Hey Google, talk to Walmart’ and the Google Assistant will add items directly to their Walmart Grocery cart,” said Ward. “Best of all, customers can be extra confident that we can quickly and accurately identify the items they are asking for with the help of information from their prior purchases with us. The more you use it, the better we’ll get.”

Walmart’s timing couldn’t be better. Ranging from Sony and LG TVs to Guess watches, Google Assistant is integrated into an insane number of digital devices. According to 9to5Google, that number increased 600 percent over the past year and is on target to be part and parcel of 1 billion devices by the end of 2019.

How easy is this going to be?

With the Spiderman-like ascent Google Assistant has made in the last year, it’s likely you already have the app on some device you use. However, if you don’t, Google suggests the following tips for helping you get caught up:

• Make sure you have Google Assistant installed on the device you use most often. For most consumers, that would be the phone. While Assistant is “cross-platform,” it’s not necessarily a given that it will be on every brand. iPhone users, in particular, should double-check to see if it’s installed on theirs.

• Invest a few minutes to better understand how Walmart and Assistant work together. You can visit the Walmart overview on Assistant’s site, or watch Walmart’s how-to video.

• To jumpstart your Assistant’s connection with Walmart, do a simple command like “OK Google, ask Walmart to add bananas to my cart.” That will get the ball rolling in the right direction.

• Patience and product specifics are important to start. Like Ward said -- “The more you use it, the better we’ll get,” meaning that if a customer says “add milk to my cart,” Walmart wants to make sure it adds the specific milk the customer buys regularly. Once Walmart knows the exact type of milk you want, consumers will only have to say “milk” instead of saying “1 gallon of 1 percent Great Value organic milk.”

• Don’t worry about doing it all in one sitting. “We know when using voice technology, customers like to add items to their cart one at a time over a few days -- not complete their shopping for the week all at once. So, this capability aligns with the way customers shop,” Walmart wrote.

Are Walmart and Google in an exclusive relationship?

Technology partnerships have to start somewhere, and Walmart chose to dance with Google first.

“We’re kicking off the work with Google, adding others to the mix as time goes on,” Ward said. “Over the next few weeks, the service will roll to more and more customers. We can’t wait to hear what they think about it and how it’s making shopping easier for them.”

Amazon is slashing prices on more than 500 items at Whole Foods, according to a report from The Wall Street Journal. The price reductions will go into effect Wednesday.

The cuts will mostly be focused on produce, specifically on “high quality, peak-of-season produce, including greens, tomatoes, tropical fruits and more.” Customers will save an average of 20 percent off select items under the company’s latest round of price cuts.

Amazon is also expanding its Prime member benefits. The company said it’s doubling the number of exclusive deals for Prime members and giving customers who try Prime $10 off their $20 purchase for signing up for a membership.

The company announced last year that shoppers who are Prime members get an additional 10 percent off “hundreds of sale items” throughout the store.

Lowering prices to compete with rivals

Amazon acquired Whole Foods in 2017 and has since slashed prices three times in an effort to shake off the grocer’s “Whole Paycheck” image. Immediately after purchasing the upscale grocery chain, Amazon announced its first wave of price cuts on a “selection of best-selling grocery staples.”

“When Whole Foods Market joined the Amazon family, we set out to make healthy and organic food more accessible. Over the last year, we’ve been working together tirelessly to pass on savings to customers,” said Jeff Wilke, CEO of Amazon Worldwide Consumer, in a statement announcing the new price cuts.

“Every time a customer walks into a Whole Foods Market, they expect and trust industry-leading quality standards across aisles. And now they will experience that same Whole Foods Market quality with even more savings across departments.”

The latest price reductions come as Amazon aims to compete with rival grocers Walmart, Costco, and Kroger, which have all lowered their prices. Amazon is also heading off competition from discount grocers Aldi and Lidl, which have each grown their overall number of stores and expanded their organic product selections.

Amazon is also reportedly looking to launch its own U.S. grocery chain separate from Whole Foods in an effort to expand its physical store footprint. Amazon also currently operates several cashierless Amazon Go stores.

April kicks off the spring home-buying season, and this year, for the first time in a long time, there’s good news for first-time buyers.

There are more entry-level homes for sale and they aren’t rising as quickly in price. The median price of an entry-level home -- one valued in the bottom third of the overall housing stock -- is growing at the slowest rate since mid-2016, according to research by RealEstate.com.

The report also shows the inventory of entry-level homes, which has shrunk in recent years, is growing once again, meaning buyers have more choices and less competition.

That’s the good news. The bad news is that the price of the typical entry-level home is a lot higher than it was a few years ago. The RealEstate.com report shows the average entry-level home is now valued at $130,200, up 9.2 percent from a year ago. Believe it or not, that’s the slowest rate of annual appreciation on record since June 2016.

Homes not likely to get cheaper

A year ago, the average entry-level home price was growing at a rate of 12.5 percent. Absent a catastrophic economic event, such as the 2008 financial crisis, home prices aren’t likely to go down. But if prices level off and incomes keep rising, first-time buyers may have a better opportunity to become homeowners.

Of course, all real estate is local, and home values can vary widely from market to market. As we reported last week, a study by Zillow found market conditions for first-time buyers were the best in Tampa and Las Vegas.

Tampa also showed up well in the RealEstate.com study. Forty-two of the 50 largest U.S. metros saw slower entry-level home value appreciation compared with a year ago, with Jacksonville and Tampa experiencing the biggest declines in appreciation.

Inventory growing again

Lower-priced homes have been in short supply because home builders are focusing on more expensive houses since the profit margin is greater. Despite that, researchers say the inventory of entry-level homes rose 4.1 percent over the last 12 months, a sign the researchers call a real shift in the market.

Before this trend took hold, the number of entry-level homes on the market had fallen on a year-over-year basis for nearly four years. Salt Lake City and San Jose saw the biggest increases in entry-level inventory, up 67.2 percent and 60.1 percent, respectively.

"Buying a home for the first time is an incredibly exciting yet extremely stressful time," said RealEstate.com General Manager Justin LaJoie. "Potential buyers who tested the waters in recent years should have an easier time now, which should be especially good news for anyone who made an offer but lost their bid for a home.”

As the opioid crisis continues to make headlines, healthcare experts are working to save as many lives as possible. Now, a new development could help them do just that.

Researchers have developed new single-dose antidotes that could help counteract an opioid overdose. Previously, drugs like naloxone were administered when a patient overdosed on opioids, but several doses were needed for it to be effective. Now, the one-dose drug could do the trick without several rounds of treatment.

“We became interested in this problem while trying to make non-addictive pain medications,” said researcher Saadyah Averick, Ph.D. “In that course of research, we realized the limitations of current opioid antidotes.”

Streamlining the process

The researchers’ primary goal in this research was developing a course of treatment that would be effective in preventing an opioid overdose and that was also delivered to patients in a more timely fashion.

For patients who have taken opioids, the effects of the drugs can linger for hours. The researchers explained that fat tissues absorb the opioids and are slowly metabolized in the bloodstream. This slow process causes the effects of the drugs to remain in patients’ systems for long periods of time.

However, the effects of these antidotes don’t last nearly as long. The drugs only remain in the bloodstream for up to one hour, which makes it necessary for patients to take several rounds of antidotes to recover completely.

To help combat this issue and ensure that all patients receive the full course of treatment, the researchers discovered an opioid antidote that would be effective in just one dose. Averick and his team first created a naloxone polymer, and then used the polymer to create covalent nanoparticles that would effectively prevent an opioid overdose in just one treatment.

The first rounds of testing have only been conducted on mice, but the researchers plan to expand testing moving forward.

“In collaboration with the Benedict Kolber laboratory at Duquesne University, proof-of-concept research has shown that these nanoparticles can deliver sufficient naloxone in a linear time-release fashion to block morphine’s analgesic effect for 24 hours,” said Averick. “As a next step, the study will be extended to fentanyl.”

Averick is confident in the testing thus far, as his team hasn’t completely reinvented the wheel, but rather reformatted pre-existing treatment options. He hopes this makes their discovery a viable treatment option in the not-so distant future.

“Ultimately, we hope to develop a therapeutic intervention for fentanyl overdose that can be used in the field, perhaps supplanting short-acting naloxone as an overdose antidote of choice,” Averick said. “We anticipate that this drug delivery system will also be effective for non-fentanyl opioids.”

In the news

With opioids serving as the driving force behind the increase in suicides and overdoses, there has been no shortage of news coverage swirling around the drugs.

Much research recently has focused on children’s role in the opioid crisis, as youth opioid poisonings have nearly tripled in the last 10 years. Moreover, many parents are still touting opioids as the best pain relief option for their kids, despite the risks associated with the drugs.

Researchers have found that death via opioid overdose is now more likely than death via a traffic accident.

"We've made significant strides in overall longevity in the United States, but we are dying from things typically called accidents at rates we haven't seen in half a century," said Ken Kolosh, manager of statistics at the National Safety Council. "We cannot be complacent about 466 lives lost every day. This new analysis reinforces that we must consistently prioritize safety at work, at home, and on the road to prevent these dire outcomes."

Researchers have explored how air pollution is negatively affecting consumers’ health and the environment, but a recent study tackles the issue from a new angle: corn production.

According to researchers from the University of Minnesota, air pollution caused by corn production is responsible for an uptick in the mortality rate, causing over 4,000 premature deaths nationwide. The study also revealed that geography plays a role here.

“The deaths caused per bushel in western corn belt states such as Minnesota, Iowa, and Nebraska tend to be lower than in eastern corn belt states such as Illinois, Indiana, and Ohio,” said researcher Jason Hill.

Discovering the dangers

To see the effect that corn production had on the mortality rate, the researchers analyzed data from different counties across the country to determine how much corn was being produced and what the process of producing corn looked like.

The study revealed that nitrogen fertilizer, which is most commonly used for corn crops, releases ammonia into the air. Ammonia is dangerous in that it typically is the gateway for fine particulate matter -- PM2.5 -- to be released into the air, which is one of the most harmful greenhouse gas emissions.

The researchers found that these gases damage air quality and are harmful to consumers’ health. Overall, air pollution caused by corn production was found to be responsible for over 4,000 premature deaths and monetary damages worth around $39 billion.

“It’s important for farmers to have this information so that they can implement practices that reduce the environmental impact of the crops they grow,” said Hill. “Farmers can greatly improve the environmental profile of their corn by using precision agriculture tools and switching to fertilizers that have lower ammonia emissions.”

Hill hopes that these findings inspire farmers to take the initiative to practice greener farming habits, and offers suggestions like changing the planting location and planting crops with less fertilizer as possible solutions.

“Not only are ammonia emissions from fertilizer damaging to human health, they are also a waste of money for farmers because they are not getting the benefit of the nitrogen that they’re paying for,” said Hill. “The number of deaths related to corn production could be reduced through these key tactics.”

Toyota Motor Engineering & Manufacturing is recalling 6,296 model year 2018 Lexus LS vehicles equipped with run-flat tires with a sidewall reinforcement layer inside the tire.

The tire-on-wheel assembly process may have caused the reinforcement layer to crack, possibly resulting in the tire tread layer separating from the tire.

If the tire tread layer separates from the tire, vehicle handling and stability may be affected, increasing the risk of crash.

What to do

Toyota will notify owners, and Lexus dealers will replace the affected tires free of charge.

The recall is expected to begin April 22, 2019.

Owners may contact Lexus customer service at 1-800-255-3987. The Toyota number for this recall is KLC.

Aurora Packing Company of North Aurora, Ill., is recalling approximately 4,838 pounds of beef heel and chuck tender products that may be contaminated with E. coli O157:H7.

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

The following bulk beef items, produced and packed on February 27, 2019, are being recalled:

• Varying catch weight cardboard box case packages containing bulk pieces of “AURORA ANGUS BEEF BONELESS BEEF – CHUCK TENDER” and case code 61150 represented on the label.
• Varying catch weight cardboard box case packages containing bulk pieces of “BONELESS BEEF – HEEL MEAT” and case code 29970 represented on the label.
• Varying catch weight cardboard box case packages containing bulk pieces of “BONELESS BEEF – HEEL MEAT” and case code 49970 represented on the label.

The recalled products, bearing establishment number “EST. 788” inside the USDA mark of inspection, were shipped for institutional use in Illinois, Iowa and Wisconsin.

What to do

Institutions that purchased the recalled products should not use them, but discard or return them to the place of purchase.

Consumers with questions about the recall may contact David Stewart at (630) 897-0551.

North Country Smokehouse of Claremont, N.H., is recalling approximately 2,686 pounds of ready-to-eat kielbasa sausage.

The products may be contaminated with extraneous materials -- specifically metal.

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

The following items, produced on February 7 – 8, 2019, are being recalled:

• 1-lb. vacuum-packed packages containing “NORTH COUNTRY SMOKEHOUSE ORIGINAL OLD FASHIONED POLISH STYLE KIELBASA” with “USE BY 05/09/19.”
• 12-oz. vacuum-packed packages containing “NORTH COUNTRY SMOKEHOUSE *NATURAL OLD FASHIONED POLISH STYLE KIELBASA” with “USE BY 04/23/19.”
• 1-lb. vacuum-packed packages containing “KILCHURN ESTATE® SMOKED KIELBASA” with “USE BY 05/09/19.”

The recalled products, bearing establishment number “EST. 5390A” inside the USDA mark of inspection, were shipped to retail locations nationwide.

What to do

Customers who purchased the recalled products should not consume them, buts discard or return them to the place of purchase.

Consumers with questions about the recall may contact Daniel Sarapin at (603) 543-0234 ext. 207.

Hyundai Motor America is recalling 16,487 model year 2013 Velosters equipped with 1.6 liter turbo engines.

The engine management software may cause premature ignition (pre-ignition) of the air/fuel mixture in the engine.

The resulting excessive cylinder pressure may damage the engine which can increase the risk of a fire or cause an engine stall, increasing the risk of a crash.

What to do

Hyundai will notify owners, and dealers will update the engine management software, free of charge.

The recall is expected to begin May 13, 2019.

Owners may contact Hyundai customer service at 1-855-371-9460. Hyundai's number for this recall is 182.

This is not an April Fool’s hoax.

A software outage grounded a host of domestic airlines on Monday morning, including JetBlue, American, Southwest, United, Alaska, and Delta, according to reports.

The software is a flight deck application hosted by a company called AeroData. “The last application used by pilots before the aircraft entry door is closed,” is how AeroData's application was described by software partner VMWare.

It’s unknown exactly how many planes were impacted by the issue, but the Federal Aviation Administration’s (FAA) Greg Martin told The Washington Post that the effect was “minimal.” AeroData says that “approximately 21,000 flights per day worldwide” are reliant on its service.

If you’re flying Monday

By 11 a.m. (EST), ConsumerAffairs was starting to see some reports that AeroData’s servers were back online.

Nonetheless, with airlines having to play catch-up, travelers would be smart to contact carriers directly to see if any flight rescheduling will impact other planned departures later in the day. ConsumerAffairs reached out to several of the impacted carriers but had not heard back from any by press time. However, we noticed that several of the airlines were tweeting updates about the developing situation.

“The company knows first-hand that just five minutes of system downtime can result in more than 100 delayed flights, a significant loss of revenue, and damage to its customers’ reputations,” wrote VMWare.

Given the unpleasant task of already having to weather the recent Boeing 737 MAX-8 issues, it’s a safe bet American, Southwest, and United were none too happy with AeroData’s mistake. ConsumerAffairs will keep an eye on this story to see how it impacts the traveler. Stay tuned... and enjoy the peanuts.

-----

Update: 11:55 a.m. (EST), 4/1/19

In an emailed statement to ConsumerAffairs, Delta said it doesn't believe that it will have to cancel any flights due to this issue. However, it offers advice for consumers who may be flying today.

“A brief third-party technology issue that prevented some Delta Connection flights from being dispatched on time this morning has been resolved. No cancellations are expected due to the issue and our teams are working to resolve some resulting delays," the company said. "We apologize to customers for any inconvenience. If you’re scheduled on a flight departing soon, please check the status of your flight via the Fly Delta Mobile App or Delta.com. ”