Current Events in May 2019

A new report on cybersecurity says that more than 2.3 billion files are exposed and publicly available by misconfigured and non-secured technologies such as remote servers (including printers), network storage devices, and Amazon S3 buckets (cloud service components similar to file folders).

To simplify it at the consumer level, that data includes customer data such as passport scans and bank statements, as well as business information like intellectual property -- basically any file that may be stored or shared on the internet.

Digital Shadows Photon Research Team is the one shining the light on that staggering number -- a statistic made even more mind-boggling because that 2.3 billion total is a 50 percent jump (750 million files) from last year’s analysis.

Maybe the most staggering consumer concern that the Photon Team uncovered was some 4.7 million personal, medical-related files are being left out in the open -- including patient records, X-ray scans, and physician’s notes. Health record data breaches are nothing new, but they are concerning nonetheless -- especially when the consumer counts on agencies like the Food and Drug Administration (FDA) and Department of Homeland Security (DHS) to prevent cybersecurity attacks on medical devices.

Mining for gold

All indications point to consumers’ favorite digital hooligans -- cybercriminals -- as the force lurking in the background and conducting this grab-and-run mission.

“It would appear threat actors are also attempting to monetize this exposure,” theorizes Harrison Van Riper, a Strategy and Research Analyst with Digital Shadows. “Within our data set, Photon detected … 17 million files had been held hostage by various ransomware variants.”

Data protection tips

The takeaway from this analysis is pretty simple: the consumer should always keep current backups and be prepared if and when a ransomware attack happens.

“Consumers should be aware that network-attached storage (NAS) drives or other types of file-sharing technologies may not come pre-configured with strong security controls, like a unique and complex password or port blocking to prevent remote access,” Riper said when ConsumerAffairs asked him what measures consumers can take to tighten down the clamps on their data.

“If these unsecured or misconfigured devices are then connected to the internet, potentially for looking at photos or files by the individual when they are away from home or at the office, this exposure point can be easily identified. Taking a look at the security controls and configuration settings should be the first step when deciding to use a storage service or buy a storage device.”

President Trump has threatened Mexico with a tariff on its exports to the U.S. unless it takes steps to stop the flow of people illegally crossing the U.S. border.

The announcement took markets by surprise, especially since the U.S., Canada, and Mexico have essentially agreed on a new pact to replace the North American Free Trade Agreement (NAFTA).

The tariff, if enacted as threatened on June 10, would make a lot of things more expensive for consumers, raising the price of everything from produce to new cars. Trump said the initial tariff would be 5 percent on all Mexican imports, but it could gradually rise to 25 percent if that country fails to take action to secure the U.S.-Mexican border.

Since NAFTA was enacted in 1994, the U.S. and Mexican economies have become deeply linked. Carmakers and other U.S. manufacturers closed plants in the U.S. and shifted operations to Mexico because labor was cheaper and there was little cost to bring goods back into the U.S. to sell to American consumers.

‘Coercive measures’

Mexico’s president, Andres Manuel Lopoz Obrador released a letter to Trump protesting the threat, saying “social problems are not solved with duties or coercive measures.” Mexico’s foreign minister is on his way to Washington to attempt to negotiate a solution.

Trump has increasingly blamed Mexico for the increase of Latin Americans illegally crossing the U.S. southern border, noting that most are citizens of Central American countries that are crossing Mexico’s southern border and traveling the length of the country before entering the U.S.

The president’s tariff threat was posted on Twitter. Earlier in the day, he took to the social media platform to voice his frustration with the border situation.

Presidential tweets

“Yesterday, Border Patrol agents apprehended the largest group of illegal aliens ever: 1,036 people who illegally crossed the border in El Paso around 4 am,” Trump wrote. “Democrats need to stand by our incredible Border Patrol and finally fix the loopholes at our Border!”

A 5 percent tariff on a pint of Mexican strawberries might be unnoticeable for most U.S. shoppers, but it would be more apparent on a $25,000 new car, potentially raising the price by $1,250. A 25 percent tariff on that same car would raise the price by more than $6,000.

Not surprisingly, shares of auto companies with factories in Mexico sank in early trading on Wall Street. According to Reuters, about a quarter of the cars sold in the U.S. are imported from Mexico.

It can be hard for consumers to reach the recommended daily intake of fruits and vegetables, but a new study about blueberries could send many consumers running to the nearest grocery store.

According to researchers from the University of East Anglia, incorporating blueberries into your daily diet can help improve heart health.

“Previous studies have indicated that people who regularly eat blueberries have a reduced risk of developing conditions including type 2 diabetes and cardiovascular disease,” said researcher Aedin Cassidy. “This may be because blueberries are high in naturally occurring compounds called anthocyanins, which are the flavonoids responsible for the red and blue colour in fruits. We wanted to find out whether eating blueberries could help people who have already been identified as being at risk of developing these sort of conditions.”

The right amount of blueberries

Because of previous studies that have shown how effective blueberries can be in improving health outcomes, the researchers decided to focus this study on a group that was at an increased risk of developing serious conditions, such as type 2 diabetes or cardiovascular disease.

They had nearly 140 adults participate in the study, all of whom were between the ages of 50 and 75 and had metabolic syndrome -- a group of conditions such as high blood pressure, high cholesterol/triglycerides, and excess body fat around the waist that can increase the risk for type 2 diabetes, heart disease, or stroke.

According to the researchers, “lifestyle changes, including making simple changes to food choices,” can be effective in combating metabolic syndrome, and so they had the participants eat either one cup of blueberries, a half-cup of blueberries, or a placebo food every day for six months to see if the fruit improved their health.

While those who ate the half-cup of blueberries saw no significant changes to their heart health, the participants who consumed one cup of blueberries every day saw major improvements.

“We found that eating one cup of blueberries per day resulted in sustained improvements in vascular function and arterial stiffness -- making enough of a difference to reduce the risk of cardiovascular disease by between 12 and 15 percent,” said researcher Dr. Peter Curtis.

Overall, the researchers have a very succinct piece of advice for consumers who either are currently struggling with metabolic syndrome or who are just trying to improve their heart health.

“The simple and attainable message is to consume one cup of blueberries daily to improve cardiovascular health,” said Dr. Curtis.

Countless benefits

Heart health is just one benefit consumers can reap from blueberries, as recent studies have shown how versatile the fruit is at improving health.

One study found that women following a supplement regimen heavy in antioxidants and amino acids, which blueberries are full of, can reduce their risk of postpartum depression, while the fruit can also help older adults’ cognitive functioning.

A study from earlier this year revealed that the “blue” color in blueberries is precisely why the fruit carries so many health benefits; the fruit’s anthocyanins that cause the color are powerful when it comes to helping consumers lower their blood pressure.

The Food and Drug Administration (FDA) is beginning its review of cannabidiols (CBDs) today by holding a public hearing that will determine if the compounds are safe to include in foods, beverages, and dietary supplements.

The agency says the event will allow it to gather information on the “safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.” At the hearing, regulators will hear testimony from industry experts, manufacturers, and others to judge the safety and viability of products that contain CBDs.

The meeting is being held in Silver Spring, Maryland, and it will run from 8:00 a.m. to 6:00 p.m. (EDT). Consumers who want to view a webcast of the hearing can visit the FDA’s page here for links. The agency has also provided additional details on its current understanding of CBDs here.

Consumers can also submit a public comment to the FDA on this issue from now until July 2, 2019. Those submitting comments online can do so here.

Relaxing regulations

The FDA initially brought up the idea of allowing CBDs in certain consumer products last December. The motion was stimulated by the passing of the 2018 Farm Bill, which took industrialized hemp off the list of controlled substances monitored by the federal government.

Regulations involving CBDs are beginning to relax across the U.S. Earlier this week, the Transportation Security Administration (TSA) announced that it would be allowing certain products that contain CBDs onboard planes in either checked luggage or carry-on bags. However, the agency stressed that carrying marijuana onboard is still illegal.

“Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products,” the agency said.

It was bound to happen sooner or later. Six days just isn’t enough time to deliver everything consumers are buying online.

FedEx has announced that it will make deliveries seven days a week in most of the U.S., starting in January. The company also said it has begun to integrate FedEx SmartPost package volume into FedEx Ground standard operations and increase large package capabilities.

“Expanding our operations to include Sunday residential deliveries further increases our ability to meet the demands of e-commerce shippers and online shoppers,” said Raj Subramaniam, FedEx’s president and CEO. “We have made significant investments in capacity, technology, and automation at FedEx Ground over the past 20 years.”

Paying off

The investments appear to have paid off. Subramaniam says FedEx’s market share in ground shipping has grown for 19 of the last 20 years.

“We are now ideally positioned to extend that growth as the average daily volume for small parcels in the U.S. is expected to double by 2026,” he said.

The transition to online retail has posed significant challenges for delivery companies. According to the U.S. Census Bureau, e-commerce sales increased 12.4 percent year-over-year in the first quarter of 2019, while total retail sales rose by less than 3 percent. Online sales accounted for just over 10 percent of all retail sales during the period.

Holiday crush

The shipping crush is always the worst during the Christmas and New Year’s holidays, and FedEx will once again make Sunday deliveries during that time. Only it won’t go back to its old delivery schedule once the holiday period ends.

To meet the demand for shipping products, FedEx is also trying to become more efficient in last-mile deliveries, the hardest and most expensive part of the system. A program is in place to gradually transition FedEx SmartPost packages from U.S. Postal Service delivery to FedEx ground. The company plans to take back about 2 million parcels that are currently delivered by mail carriers, something likely to put a dent in U.S. Postal Service revenue.

“Delivery density has consistently been a challenge with e-commerce,” Subramaniam said. “We anticipate substantial density improvement and efficiency opportunities when all residential packages are sorted and delivered within the same ground network.”

Since 2016, FedEx has used technology to pair up packages so they can be more efficiently delivered when they are destined for the same, or nearby, address. The effort to improve the efficiency of this delivery system will get a significant boost in the fall.

Users of the Google Play Store are being urged to update to the latest version of the app after it received a facelift, according to 9to5Google.

Fresh to version 15.1.24 is the Material Theme Play Store, which adds in a cleaner look in the marketplace’s app bar while changing some of the tabs that users have become accustomed to. Instead of multi-colored accent colors and nested tabs, a white search field at the bottom of the screen will allow users to search for anything they might want to find.

Due to a switch in focus when it comes to music, the “Music” tab has now been removed. Instead, users can “Browse music” in the navigation drawer and open up the appropriate apps to play their favorite tunes.

Changing the Play Store

The Material Theme redesign comes less than a month after Google announced that it would be changing how apps on the Play Store are rated. Under the new system, developers who more frequently update and refine their apps will be given prominence over those who haven’t updated their apps. New apps will also be featured more prominently.

At its I/O Developer conference, Google executives said that developers and consumers would also be seeing a few other new updates. Included in that list are new features designed to help developers optimize their apps for use in the car and improved sensors to help devices have more functionality.

Consumers should take note of new features that are aimed at “optimizing battery and memory consumption.” After all, what’s the point of enjoying all these new features if they kill your phone too quickly.

Heading into the summer driving season, motorists are finding some relief at the gas pump. The price of fuel has slowly fallen through May and could be headed even lower.

The AAA Fuel Gauge Survey shows the national average price of regular gas is $2.82 a gallon, down two cents in the last seven days. It’s 13 cents less than at this time a year ago. The average price of premium is $3.39, also two cents lower than last Friday. The price of diesel fuel is a penny less than last week, at $3.09 a gallon.

A few states saw the price of gas go up slightly in the last seven days, but most saw prices decline. AAA reports 42 states and Washington, D.C. have gas price averages that are less expensive year-over-year.

Florida has seen gas prices go down the most, with prices sitting 31 cents a gallon cheaper today than a year ago. In the last week, California motorists saw a hopeful milestone with the average price of regular falling below $4 a gallon for the first time in over a month.

“Gas prices have declined, on average, by at least a nickel, for the majority of the country since the beginning of May and that’s a trend motorists can expect to continue into early June,” said Jeanette Casselano, a AAA spokesperson.

Casselano credits stable crude oil prices for relief at the pump, noting that prices have gone down even though gasoline supplies remain tight and there’s no let-up in demand.

The states with the most expensive regular gas

These states currently have the highest prices for regular gas, according to the AAA Fuel Gauge Survey:

• California ($3.98)

• Hawaii ($3.65)

• Washington ($3.53)

• Alaska ($3.49)

• Nevada ($3.47)

• Oregon ($3.41)

• Idaho ($3.19)

• Utah ($3.17)

• Arizona ($3.12)

• Illinois ($2.98)

The states with the cheapest regular gas

The survey found these states currently have the lowest prices for regular gas:

• Louisiana ($2.42)

• Mississippi ($2.42)

• Alabama ($2.43)

• South Carolina ($2.45)

• Arkansas ($2.48)

• Tennessee ($2.51)

• Texas ($2.51)

• Missouri ($2.54)

• Virginia ($2.55)

• Oklahoma ($2.57)

Wegmans Food Markets is recalling Wegmans Neptune Salad (UPC begins with 20108831), sold in random-weight packages.

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

No illnesses have been reported to date.

The recalled product, packaged in clear plastic containers with a label that states Wegmans Neptune Salad, and Use or Freeze By dates of 5/16 through 5/24, on the upper left side of the label, was sold in the seafood department May 16 -- 21, 2019, at the following six stores:

• Bridgewater, N.J.
• Cherry Hill, N.J.
• Lyell Avenue and Calkins Road in Rochester, N.Y.
• John Glenn Blvd. in Syracuse, N.Y.
• Military Rd. in Niagara Falls, N.Y.

What to do

Customers who purchased the recalled product and have an allergy or sensitivity to milk should not consume it, but return it to the store for a full refund.

Wegmans placed automated phone calls to customers who purchased the recalled product using their Shoppers Club card.

Consumers with questions may contact Wegmans at (855) 934-3663, Monday through Friday, from 8 a.m. – 5 p.m. (EST).

It can be hard to wake up in the morning feeling energized, let alone make it through the entire day without needing a jolt of energy. But now researchers are warning consumers about the potential risks of consuming an energy drink for that extra boost.

According to researchers from the American Heart Association (AHA), drinking 32 ounces of an energy drink can affect the heart’s normal functioning and also dramatically shift consumers’ blood pressure.

“Energy drinks are readily accessible and commonly consumed by a large number of teens and young adults, including college students,” said researcher Kate O’Dell. “Understanding how these drinks affect the heart is extremely important.”

What to worry about

To see how energy drinks can negatively affect consumers’ heart health, the researchers randomly assigned 34 participants to either drink 32 ounces of an energy drink or 32 ounces of a placebo drink flavored with lime juice, cherry flavoring, and carbonated water. Participants drank their assigned beverage on three separate days, and had to finish their allotted amount within one hour.

In order to gauge how the participants’ bodies responded to the energy drinks, the researchers measured their blood pressure prior to their energy drink consumption and then again every half hour for four hours after they finished their drinks. Participants were hooked up to an electrocardiogram to measure their heart beat.

The researchers found that after consuming the energy drinks, participants’ blood pressure increased as much as 5 mm Hg, while their normal heart function was also affected by the four-hour mark.

While the participants appeared to be in good health after initially consuming the energy drinks, the researchers noticed that, over time, the participants experienced abnormal heart rates that could lead to a life-long arrhythmia. The researchers hope that these findings enlighten those who regularly reach for an extra shot of caffeine with these beverages.

“The public should be aware of the impact of energy drinks on their body especially if they have underlying health conditions,” said researcher Sachin A. Shah. “Healthcare professionals should advise certain patient populations, for example, people with underlying congenital or acquired long QT syndrome, or high blood pressure, to limit or monitor their consumption.”

Monitoring caffeine intake

As consumers are relying more heavily on caffeinated beverages, it’s important to know the risks associated with caffeine intake. Younger consumers are especially drawn to energy drinks, but a recent study warned that these drinks should be avoided for this demographic.

The researchers were adamant that “these beverages are not intended for children,” and found several negative ways that energy drinks can be harmful to kids’ health.

“Our review of the available science showed that excessive levels of caffeine found in energy drinks can have adverse effects on cardiovascular, neurological, gastrointestinal, renal and endocrine systems, as well as psychiatric symptoms,” said researcher Dr. John Higgins.

The Transportation Security Administration (TSA) has updated its guidelines on flying with products containing hemp-derived CBD (or cannabidiol).  

The agency now allows fliers to place products and FDA-approved medications containing CBD in carry-on baggage and checked luggage. However, passengers still aren’t permitted to fly with marijuana.

“Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law,” the TSA warned. “TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.”

Farm Bill regulations

Prior to updating its rules, the TSA “made no distinction between marijuana and hemp-derived preparations,” according to Marijuana Moment, a marijuana policy and advocacy blog.

The agency’s new policy follows the introduction of the 2018 Farm Bill, which legalized hemp -- a non-psychoactive compound found in cannabis plants.

“Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018,” the TSA said.

The TSA said it updated the language in its guidelines when it became aware of confusion regarding the status of Epidiolex, an FDA-approved epilepsy drug which contains CBD.

"To avoid confusion as to whether families can travel with this drug, TSA immediately updated TSA.gov once we became aware of the issue," a TSA spokesperson told CNN.

The trade dispute between the U.S. and China is reaching the U.S. courts system. Huawei, the Chinese telecom giant, is suing the U.S. government claiming its ban against the company is unconstitutional.

The company has filed a motion in federal court seeking to overturn the U.S. government’s edict blocking Huawei from contracting for services from U.S. technology companies. The ban has already had an impact on Huawei with at least one major U.S. company -- Google -- suspending a contract with the Chinese firm.

Both Congress and the Trump administration have taken action against Huawei, accusing it of engaging in intellectual property theft and espionage. The government ban prevents government agencies from engaging its services and prevents government contractors from using Huawei equipment.

In its motion, Huawei is asking the court to make a summary judgment -- a ruling without hearing further evidence in the case. It argues that the U.S. government ban is a “bill of attainder,” which the Chinese firm maintains is forbidden by law. Specifically, it says Congress may not pass laws that single out specific people.

Cites the Founding Fathers

Ironically, the communist-backed company cites the American Founding Fathers in its arguments -- specifically James Madison -- in claiming it is the victim of an unconstitutional action. It complains that the U.S. ban “denies Huawei any procedure for providing rebuttal.”

On numerous occasions, the U.S. government has expressed concern that equipment made by Huawei could be used to eavesdrop on U.S. networks, on behalf of the Chinese government. Huawei has repeatedly denied that its equipment is capable of that use.

In its motion, Huawei argues the American ban is “selective” and “punitive” against it and imposes a kind of permanent disadvantage in the U.S. market.

There is a precedent for the U.S. ban, however. In the last decade, the U.S. government imposed a similar ban against Russian software firm Kaspersky Labs. That firm made a similar claim in U.S. district court but lost when the restrictions were upheld.

The Trump Administration could soon issue an executive order centered around providing consumers with greater transparency when it comes to health care costs, the Wall Street Journal reported, citing sources familiar with the discussion.

Details of the order are still being ironed out, but the order would reportedly push hospitals to increase price transparency so consumers can find lower-cost treatments. It would also make it easier for people on Medicare to find out what they would pay for treatment at different hospitals.

Proponents of the order say mandating price and rate disclosure could lead to lower healthcare costs.

The order “would represent a new front in an attack on high health-care costs,” the Journal’s Stephanie Armour wrote. “Both the White House and a growing number of members of Congress are targeting the industry, saying consumers and employers will benefit if the secrecy around prices is peeled back.”

Industry opposition

Key players in the healthcare industry are already “mobilizing to derail the efforts that could extend to hospitals, doctors, and insurers in the private employer market,” the report said.

"This is bad transparency, because it is highly likely to cause prices to go up for everyone,” Kristine Grow, spokesperson for America's Health Insurance Plans, told the Washington Post.

The Post noted that the executive order won’t result in immediate change; it would simply direct federal agencies to force price disclosures across the industry. Meetings to discuss the details of the order are slated to take place on Friday at the White House.

The best bang for the consumer’s buck has encountered a little fog. A new study by J.D. Power shows that traditional airlines’ (Delta, United, American, Alaska) investment in updated fleets, better airfare value, and an improved focus on customer satisfaction has paid off handsomely. Those carriers enjoyed an 11-point uptick in Power’s new 2019 North America Airline Satisfaction Study.

Finishing first among traditional carriers is Alaska Airlines with a score of 801. Delta Air Lines came in second with a score of 788, and American Airlines ranks third with a point total of 764.

“Airlines continue to deliver on the operational side of air travel,” said Michael Taylor, Travel Intelligence Lead at J.D. Power. “New technology investments have dramatically improved the reservation and check-in process. Fleets are newer and travelers generally feel that they are getting great value for their money. These improvements have been most profound in the traditional carrier segment, where customer satisfaction has climbed considerably.”

Customer satisfaction with the low-cost carriers (e.g., Southwest, Allegiant, Frontier) took a 6-point dip, but the study still found higher overall satisfaction with these companies over traditional carriers.

“While low-cost carriers have historically had the highest levels of customer satisfaction in our study, due to a strong sense of value for money among customers, that line is starting to blur as traditional carriers improve their services and operations,” Taylor added.

JetBlue Airways’ and Southwest’s score of 817 put them in a tie for first place in the low-cost segment.

So, what is it -- better service or cheapest price?

Now that the world is in summer vacation mode, consumers have a big choice to make: pay a little more and disembark with a smile or pay a little less and walk off the plane possibly feeling a little dispirited.

In ConsumerAffairs’ ongoing reporting on the airline industry, our coverage mirrors some of what Power’s study found.

For example, in the Power survey, Alaska Airlines came in first for the 12th year in a row, adding another trophy to its list of first-place consumer ratings; on the other end, Frontier brought up the rear in customer satisfaction, which echoes another study that found the airline had nearly the same number of complaints as airlines that flew 10 times as many people.

If you’re in the midst of planning a trip, you might want to grab your pencil. Here are some of the key findings of Power’s study:

• Tech investments in reservation and check-in systems pay off. The reservation and check-in experiences are the most satisfying portions of the airline experience, driven by investments in digital check-in technologies, self-service kiosks, and a concerted effort among airlines to improve the efficiency of the pre-flight process.

• In-flight service remains a stumbling block. In-flight services, such as seatback entertainment, food service, and Wi-Fi continue to be the lowest-ranked part of the air traveler experience. Specific in-flight amenities that have the greatest positive effect on customer satisfaction are fresh food, seatback games, and seatback live television.

Overall, there is one area where both traditional and low-cost carriers still need a little improvement: in-flight services. “It continues to be the lowest-ranked factor in the study, as many airlines still struggle with in-flight entertainment, connectivity, in-seat power and food service,” according to Taylor.

Before the Department of Justice considers approving the $26.5 billion merger of T-Mobile and Sprint, the agency reportedly wants the two companies to “lay the groundwork” for a fourth carrier, according to Bloomberg.

The Justice Department has been hesitant to approve the deal, as it doesn’t believe the merger will be in the best interest of consumers. Back in April, the DOJ expressed concern that the merger would negatively affect competition in the industry. It also challenged the companies’ assertion that the merger would lower costs.

Now, a source familiar with the matter has informed Bloomberg that DOJ officials are demanding that the two telecom companies create a fourth carrier in order to get the deal approved. The request would mitigate the DOJ’s concern that T-Mobile would have less incentive to drop costs as a way of attracting customers after joining forces with Sprint.

“T-Mobile has a reputation for aggressively seeking to cut prices and improve service to woo customers away from market leaders Verizon Communications Inc and AT&T Inc, and staff may want to preserve that dynamic,” Reuters reported last month, citing sources familiar with the matter.

Pending approval

While the new condition might assuage one of the DOJ’s chief concerns, it would go against the carriers’ argument that combining would help them compete with Verizon and AT&T and lower costs for consumers.

Last week, reports surfaced that Justice Department officials recommended that the merger be blocked. The news was fresh on the heels of FCC Chairman Ajit Pai saying he would approve the deal on the basis that it would help speed up the deployment of nationwide 5G and help close the digital divide in America.

Bloomberg notes that if T-Mobile and Sprint are unable to convince the Justice Department to approve the deal, the government would sue in court to “block the tie-up.”

“State attorneys general, who can enforce antitrust laws, are also concerned the merger threatens competition and could join a U.S. challenge or sue on their own if the Justice Department approved it,” the publication pointed out.

A migraine headache can be a debilitating attack, causing severe throbbing pain or a pulsing sensation, usually on just one side of the head. It's often accompanied by nausea, vomiting, and extreme sensitivity to light and sound.

Unfortunately, there are very few effective treatments for migraines, though the Food and Drug Administration (FDA) has recently approved some to be marketed. The latest to be accepted is a wearable device controlled by a smartphone.

Theranica, a bio-medical technology company, says it has gotten the nod from the FDA for its product, Nerivio Migram, which uses remote electrical neuromodulation to treat acute migraines. Professor Messoud Ashina of the Danish Headache Center, president-elect of the International Headache Society, says the clinical data for the new therapeutic device is impressive.

"It indicates that the device can provide patients with significant relief of pain and other migraine symptoms without the side effects presented by drugs," Ashina said.

Millions of chronic migraine sufferers

More than 38 million Americans suffer from migraine headaches, according to Migraine.com, a website that collects data on the affliction. It says as many as 13 percent of adults in the U.S. may have migraines. While most have acute episodes, studies suggest as many as 3 million people are chronic sufferers.

The FDA’s market authorization was granted after a review of the results of a prospective, randomized, double-blind, placebo-controlled, multi-center pivotal study. Two-hundred-fifty-two subjects from 12 clinics used the non-invasive wearable to treat their migraine attacks.

Attaches to upper arm

The device is attached to the upper arm while a smartphone sends electronic pulses to create a conditioned pain modulation (CPM) response. The manufacturer says the Nerivio Migra is intended for acute treatment of migraine with or without aura in adult patients who do not have chronic migraine.

"While the company is preparing to launch the Nerivio Migra in the United States market later this year at an affordable price, we remain committed to continuing our clinical development, expanding the use of remote electrical neuromodulation therapy for additional indications," said Alon Ironi, CEO and co-founder of Theranica. "We have identified at least seven different painful conditions that may be relieved by this non-invasive, drug-free technology after appropriate clinical development."

Physicians at the Mayo Clinic say medications are available that can help prevent some migraines and make them less painful. Patients should discuss symptoms and options with their health care provider. They say the right medications, combined with self-help remedies and lifestyle changes, may provide relief.