Current Events in November 2019

With the cold winter months coming up, the flu virus will become more of a threat. Though many consumers do their part to help reduce the spread of the infection, it can be difficult to avoid. 

However, a new study conducted by researchers from Yale found that following a keto diet, which requires that consumers almost entirely cut out carbs, was effective in helping keep flu symptoms at bay. 

“This study shows that the way the body burns fat to produce ketone bodies from the food we eat can fuel the immune system to fight flu infection,” said researcher Visha Deep Dixit. 

Fighting flu symptoms

The researchers came to their findings after injecting groups of mice with the influenza virus and then testing different diet options on them to determine if one was better at fighting the sickness. 

One group of mice followed a strict keto diet, which works to put the body in a state of ketosis for more rapid fat burning. Following a keto diet requires a very low carb intake and prioritizes foods that are high in fat and have a moderate protein make-up. The other group of mice ate a diet closer to recommended dietary guidelines, but that also included higher amounts of carbs. 

After monitoring the mice on these diets, the researchers determined that the mice on the keto diet lived longer than the mice on the high-carb diet, but the flu virus affected their immune systems differently. 

The researchers learned that the keto diet allowed the subjects’ immune systems to attack the virus more aggressively by producing gamma T cells, which effectively work to target the disease and start reducing symptoms. This process wasn’t possible for the mice who followed the high-carb diet. 

Though not yet tested on humans, these are interesting findings to keep in mind as flu season ramps us, as what we eat can affect our flu symptoms more than we realize. Though many consumers are diligent about getting their flu shot, a recent study found that the effectiveness of the vaccine can be influenced by a popular food additive found in processed foods and meats. 

Both studies highlight the important role that our diet plays in helping fight infection and maintaining healthy immune systems.

Underwriters Laboratories (UL) has issued a public notice warning consumers that it has learned that a number of fire extinguishers being sold in the U.S. and Canada are counterfeit. The organization says the fraudulent extinguishers bear unauthorized brand names and the UL seal.

Some of the well-known brand names included on these products include Amerex, Badger, Buckeye, and Kidde. The consumer rating organization says the products in question were not manufactured by these companies. Additionally, the products bear the UL seal, but the fire extinguishers have not undergone a UL safety inspection.

UL says the counterfeit fire extinguishers also bear the name “Extintores Capelo.” Officials say consumers who have purchased one of these products bearing the counterfeited brand name should remove it from service.

How to identify

Other identifying marks on the fire extinguishers include:

• Extintores

• Capelo Peru

• G&D E.I.R.L.

• Certificacion UL

UL has posted photographs of one of the counterfeit fire extinguishers on its website here.

Every home should be equipped with fire extinguishers made by reputable manufacturers. Fire safety experts recommend keeping at least one fire extinguisher in a central location on each level of the home. They should be mounted at least four to five feet from the floor in an easy-to-see location.

Kidde, a major manufacturer of fire safety products, says fire extinguishers should be placed no more than 40 feet apart. Due to the presence of flammable liquids often stored in a garage, the company says you should install a higher rated unit such as the 3-A:40B-C garage/workshop unit. 

The Centers for Disease Control and Prevention (CDC) has reported that cigarette smoking hit an all-time low last year, but e-cigarette use has increased. 

In 2018, the percentage of adults who smoked reached its lowest recorded level: 13.7 percent. However, 34.2 million (1 in 7) adults still smoked cigarettes, and many used other tobacco products, the agency said in a report published Thursday.

CDC officials praised the downward trend in smoking rates but said there is still more work to be done to reduce overall smoking rates. 

"This marked decline in cigarette smoking is the achievement of a consistent and coordinated effort by the public health community and our many partners," CDC director Dr. Robert R. Redfield said in a statement. "Yet, our work is far from over."

Most used products

The survey, which was based on an analysis of data from the 2018 National Health Interview Survey, found that cigarettes are still the most popular tobacco products. Broken down by popularity, the percentages of use were as follows: 

• Cigarettes: 13.7 percent

• Cigars: 3.9 percent

• E-cigarettes: 3.2 percent 

• Smokeless tobacco: 2.4 percent

• Pipes, water pipes, or hookahs: 1 percent

The CDC said the use of e-cigarettes increased from 2.8 percent in 2017 to 3.2 percent last year, fueled primarily by a rise in e-cigarette use by young adults (ages 18-24). Among young adults, the percentage of e-cigarette use increased from 5.2 percent in 2017 to 7.6 percent in 2018.

Nineteen percent of adults reported using two or more tobacco products in 2018, according to the agency. 

Further reducing smoking rates

Overall, the latest figures represent a decline of around two-thirds since the CDC started collecting this data in 1965. The agency said it will continue to take steps to curb the use of both traditional tobacco products and e-cigarettes, especially amid concern about the health impact of e-cigarettes and the rise in their use among young people. 

"The sustained drop in adult smoking is encouraging as we work to reduce tobacco-related disease and death in the U.S. through science-driven policy, compliance and enforcement in addition to public education," said Acting FDA Commissioner Admiral Dr. Brett Giroir.

"We remain dedicated to keeping pace with the evolving tobacco product landscape to ensure strong regulatory oversight in light of the increases in youth use of e-cigarette products in the U.S,” Giroir added.

The United Auto Workers union has ratified a proposed contract with Ford Motor Company, with more than 56 percent of its members voting to approve the new four-year work agreement.

Since General Motors workers have also approved a new agreement, that leaves Fiat Chrysler (FCA) as the remaining U.S. automaker to come to terms with the union. The union said it was pleased with the outcome.

“Every Ford employee and temporary employee will be at the top-rate for full-time status at the end of this four-year agreement,” said Acting UAW President Rory Gamble, who is director of the UAW Ford Department. “This is a life-changing contract for many and provides a template for all future Ford UAW members to full-time, top-rate status. There will be no more permanent temporary situations and no more permanent tiers.”

Under the terms of the new contract, every full-time union member will receive a signing bonus of $9,000. In addition, they are eligible for performance bonuses, two 3 percent annual raises and two 4 percent lump-sum payments. The union says the contract also holds the line on health care costs.

Ford agrees to invest in future production

UAW leaders also say Ford has agreed to invest more than $6 billion in U.S. plants to preserve more than 8,500 union jobs. In the GM negotiations, analysts said the industry’s government-mandated move to electric vehicles had emerged as a major point of contention since fewer union workers are needed to produce electric vehicles.

“Ford’s commitment to job security and assembly in the United States is a model for American manufacturers,” Gamble said.

The Ford contact is seen as a major development since Ford has more UAW members than any other automaker in the U.S.

Union workers at GM approved a new contract late last month but not before a 40-day strike, the longest for the industry in 49 years. The Ford deal came much faster and with a lot less disruption. It closely mirrors the GM deal.

Ford Motor Company is recalling 135,725 model year 2019-2020 F-150s.

The fastener securing the Power Distribution Box (PDB) 12V cable and Battery Monitoring System (BMS) eyelets to the positive battery terminal may loosen and affect the vehicle's systems such as instrument panel displays and braking or steering assist. The engine could also stall.

Inoperative vehicle systems or an engine stall can increase the risk of a crash. Reduced braking and steering efforts can also increase the risk of a crash. This condition could also create a resistive short, increasing the risk of a fire.

What to do

Ford will notify owners, and dealers will inspect the positive battery cable/BMS/PDB joint for excess sealant adhesive and remove any excessive adhesive, reassemble the joint, and retorque the fastener, as necessary, free of charge.

The recall is expected to begin November 25, 2019.

Owners may contact Ford customer service at (866) 436-7332. Ford's number for this recall is 19S40.

BMW of North America is recalling 325 model year 2020 330i, 330i xDrive and M340i vehicles.

The interior trunk release cable may have been improperly installed, preventing the opening of the trunk from the inside.

If a person were in the trunk compartment, he may not be able to get out, increasing the risk of injury.

What to do

BMW will notify owners, and dealers will inspect the interior trunk release cable and properly install the cable, as necessary, free of charge.

The recall is expected to begin December 16, 2019.

Owners may contact BMW customer service at (800) 525-7417.

The Food and Drug Administration (FDA) has sent a warning letter to the parent company of Dollar Tree stores, citing it for receiving over-the-counter (OTC) drugs that the agency says violate federal law.

The FDA says the drugs are from foreign manufacturers that have been cited for infractions. The letter lists multiple alleged violations of good manufacturing practices at contract manufacturers that produce Dollar Tree’s Assured Brand OTC drugs, as well as other drug products sold at Dollar Tree and Family Dollar stores.

In August, the New York Attorney General’s office levied a $1.2 million fine again Dollar Tree, along with Family Dollar and Dollar General stores, accusing the discounters of selling expired products.

“Americans expect and deserve drugs that are safe, effective and that meet our standards for quality,” said Donald Ashley, director of the Office of Compliance in the FDA’s Center for Drug Evaluation and Research.

Ashley says it’s Dollar Tree’s responsibility to make sure that it does not sell potentially unsafe drugs and other FDA-regulated products to consumers. 

“We will remain vigilant in our efforts to protect the U.S. public from companies who put the health of Americans at risk – whether through the manufacturing and distribution of products we regulate or other means,” Ashley said.

The letter does not specifically allege that Dollar Tree sold illegal drugs, only that it “received” them. It says the discount retailer received adulterated drugs from manufacturers that received FDA warning letters last year. 

Contract manufacturers also received warning letters

The letter also goes into detail about Dollar Tree’s alleged use of contract manufacturers that also received warning letters for similar issues between 2016 and 2019. The FDA says Dollar Tree was informed about these warning letters at the time they were sent.

The agency further alleges that drug manufacturers receiving warning letters have shown “a pattern of serious violations of the law.” The alleged violations include not testing raw materials or finished drugs for pathogens and quality. 

The warning letter asks Dollar Tree to take corrective actions, including implementation of a system to make sure the retailer does not import adulterated drugs in the future.

Meanwhile, the FDA wants to hear from health care professionals and consumers who might have experienced adverse events from OTC drugs purchased at Dollar Tree. Reports can be submitted online. 

The Federal Communications Commission (FCC) woke up on Friday facing a legal tussle from at least 46 U.S. cities, counties, and even the state of Hawaii over local fees and the regulation of cable-broadband networks. 

This new tug-of-war is the result of FCC chairman Ajit Pai’s order that municipalities do not have the authority to regulate cable broadband or charge more fees.

The municipalities are asking federal appeals courts to reverse that order, claiming that it will force them to either raise taxes or cut spending on local media services that are essential to both local government and the public. 

“The lawsuits reflect a larger clash of interests among localities, media companies, and the FCC brought on by the agency’s tactic of promoting broadband deployment nationwide,” Bloomberg Law wrote Tuesday, “especially in rural areas with spotty or no internet access -- by easing rules for business.”

A fight to the finish?

The issue is a real quagmire. In one corner, supporters of the order claim that cable companies might not be inclined to invest in local internet services or build infrastructure if they have to also provide public access TV and other telecommunications services in addition to the franchise fees they already pony up.

As it currently stands under federal law, the max fee a local cable franchisee would pay is 5 percent of an operator’s service revenue. Built into the FCC order is a clause that allows cable companies the authorization to subtract certain items from that 5 percent -- examples being those aforementioned telecommunications services and public-access channels. 

Backing Pai is former FCC commissioner Michael Powell, now president and CEO of The Internet & Television Association (NCTA).

“Today’s Commission action to affirm Congress’s statutory framework will both protect consumers from excessive fees and taxes and help speed broadband deployment in communities across America,” Powell harmonized after the FCC first approved the order.

“The U.S. has become a gigabit nation with over 80 percent of homes having access to gigabit speeds from their cable ISP, and our ambitious path to 10G – 10 gigabits to the home in the coming years – will be boosted by the FCC’s action. American consumers expect and deserve next-generation broadband networks and shouldn’t have to see that progress slowed by some localities’ attempts to evade Congress’s statutory framework and impose duplicative taxes and fees.”

And in the other corner

While 5 percent might not seem like much in the grand scale of things, it carries significant weight in this issue, at least to the other side in this match.

“If companies contribute less than 5 percent in cash, cities will have to reduce their public media budgets, stop offering services, or cut into other programs to make up the difference,” Christopher Ali, associate professor in the University of Virginia’s media studies department, told Bloomberg.

One of the pugilists that typically advocates for consumers says that cable companies are simply being handed too much control.

“We’re going to see a chilling effect that cable companies are having on their communities,” said Angelina Panettieri, principal associate for technology and communications at the National League of Cities (NLC) in Washington, according to Bloomberg. This issue is, no doubt, a pet peeve of the NLC, which has been asking both the FCC and Congress to protect and promote internet access in cities for years on end.

This could go on for a while

Like most anything legal -- and, these days, governmental -- settling this squabble will take some time. 

All in all, the litigants have filed seven different petitions in three different circuit courts, Bloomberg Law data show. Most of those lawsuits are being combined in the U.S. Court of Appeals for the Ninth Circuit. 

It’s also likely that the consumer’s place in the cable-to-municipality-to-consumer food chain might remain in limbo until the score is settled. As they say, stay tuned.

Apple has pulled all vaping-related apps from its App Store amid widespread concern over the health impact of the products. 

In a statement to Axios, the company said its App Store guidelines have been updated to prohibit software that encourages or facilitates vaping. 

"Experts ranging from the CDC to the American Heart Association have attributed a variety of lung injuries and fatalities to e-cigarette and vaping products, going so far as to call the spread of these devices a public health crisis and a youth epidemic," an Apple spokesperson said. "We agree, and we've updated our App Store Review Guidelines to reflect that apps encouraging or facilitating the use of these products are not permitted."

iPhone users who have already downloaded a vaping app will be able to continue using them, the company said. 

Vaping illnesses on the rise

The number of vaping-related lung illnesses has risen sharply in recent months, and investigators from the CDC, FDA, and elsewhere are still trying to figure out what exactly is causing the illnesses. 

To date, there have been 2,172 illnesses and 42 deaths tied to vaping. Health officials reported last week that vitamin E acetate has emerged as the likely culprit causing the lung illnesses, but investigations are ongoing. 

"Vitamin E acetate is used as an additive in the production of e-cigarette, or vaping, products," the CDC said in a report. "This is the first time that we have detected a potential chemical of concern in biologic samples from patients with these lung injuries."

CDC officials continue to recommend that consumers avoid any e-cigarette or vaping product that contains THC, “particularly from informal sources like friends or family, online dealers or the illicit market.” 

While many teachers may be rethinking their career plans earlier than expected, a new study conducted by researchers from the University of South Australia explored just how vital a role teachers could be playing in their young students’ lives. 

Using the effect of recent area wildfires on young kids as a basis, the researchers found that their teachers were crucial in helping ease some of that uncertainty that bubbles up following a natural disaster.  

“Teachers hold a unique place for a young child,” said researcher Marjory Ebbeck. “Outside their family, they’re one of the most trusted and familiar faces who, in their role as a teacher, provide a welcoming and secure environment for the child to learn and develop.”

Teachers are a valuable resource

First and foremost, the researchers explained that these findings are not solely applicable to children in Australia, as kids all over the world are faced with devastation and trauma. Perhaps the easiest U.S. comparison is the recent barrage of wildfires that have hit California. 

Whether it’s a fire, hurricane, or growing concerns over climate change, kids walk into classrooms with a lot on their shoulders, and if nothing else, their teachers can be positive forces in their lives. This study revealed several measures that teachers can take in their classrooms to help all of their students feel comfortable and at ease, despite minimal regulations from legislators on proper post-disaster training.

“Helping a child through an emergency or trauma requires a holistic approach that not only encompasses socio-economic and development but also practical strategies, both pre, during, and post emergency,” said Ebbeck. 

While maintaining physical safety is at the top of the list of recommendations for teachers in these situations, the researchers also recommend creating an environment that emphasizes emotional communication. Giving children a safe space to voice their concerns and worries is crucial, as is checking in with them on how they’re feeling at home, with their friends, and in the classroom. 

Teachers also shouldn’t feel restricted in their lesson planning, as letting kids have the opportunity to be creative and exercise different parts of their brain can be beneficial. However, structure and routine are good to keep in mind as well, because many kids want to know what to expect and what they can rely on following trauma. 

Be prepared for emergencies

This study highlights how important teachers are in their young students’ lives. The researchers encourage teachers to keep an open line of communication with students and parents and continually review school safety protocols to ensure they know what to do in case of an emergency. 

“There’s no doubt the role of the teacher is complex, especially when their students and community are confronted by trauma or disaster,” said Ebbeck. “And, while we cannot prevent disasters from happening, understanding more about what teachers can do to prepare for and respond to an emergency situation, can certainly help.” 

Members of Congress are expressing frustration that the more they raise concerns about “Big Tech’s” acquisition of companies, the more these huge tech companies gobble up companies.

Of the latest concern to Congress and government regulators is Google’s announced plans to acquire Fitbit, maker of a health monitoring wearable. 

The House Judiciary Committee’s antitrust subcommittee heard this week from Makan Delrahim, the head of the Justice Department’s antitrust division. Delrahim said the department is trying to sort out a number of things that drive Big Tech profits, including personalized advertising that makes use of a consumer’s data.

“By understanding these competitive dynamics, we can understand how the market leaders have monopoly power, how they exercise that monopoly power and whether the source of that power is for merit-based competition or the source of that power is exclusionary,” Delrahim told the panel.

A number of companies, including Facebook, Amazon, and Apple are getting the regulatory once-over as government officials, along with lawmakers, grow increasingly concerned with how much power these companies wield. Delrahim said the federal government is working with several state governments on potential antitrust matters.

Recent Google acquisitions

Specifically, the subcommittee is looking closely at Google’s continued acquisition of companies, the latest of which are Looker and Fitbit. Google’s purchase of Looker, a data analytics firm, won approval last week.

Google is also in the process of purchasing Fitbit, one of the early entrants into the field of health and activity monitoring devices. Rep. David Cicilline, who chairs the subcommittee, called Google’s attempt to purchase Fitbit while it is under intense antitrust scrutiny an example of “hubris.”

For its part, Fitbit says consumers have nothing to worry about. In a recent statement, the company said it would continue to put users in control of their data and promised to remain transparent about the data it collects.

"The company never sells personal information, and Fitbit health and wellness data will not be used for Google ads," the company said in a statement.

Numerous studies have shown that eating right and exercising are two prime components of longer life, and adopting healthier habits has become popular among many consumers. 

However, according to a new study conducted by researchers from the Mayo Clinic, how men and women perceive their overall health is quite different, and it primarily comes down to confidence. 

“Our findings suggest that confidence in maintaining health habits can be influenced by gender and also depends on which specific habit is being assessed -- physical activity, for example, versus diet,” said Dr. Richa Sood. 

Different perspectives

As just half of workplaces offer their employees health and wellness centers, the researchers sought to discover the attitudes of those utilizing this perk, as doing so can greatly contribute to overall physical and mental well-being. They analyzed survey responses from nearly 2,800 employees utilizing their workplace wellness center, with nearly 70 percent of all survey responses coming from women. 

While the participants reported on their current health status, including any medical concerns, the researchers were most interested in understanding how the gym-goers felt about their own health status, including how confident they felt in their ability to keep at their gym habits or stick to a healthy diet. 

The study revealed a lot about men and women’s attitudes about maintaining healthy habits. Despite having more documented health issues, men were more confident than women when it came to their ability to maintain healthy habits. The researchers attribute these findings to traditional gender roles, as both men and women reported similar confidence levels regarding their overall personal health. 

“This difference may have cultural roots because gender has been shown to influence self-efficacy, particularly for physical activity,” said Dr. Sood. “Our study shows that self-efficacy is domain-dependent and can’t be generalized as a gender-specific trait. But understanding gender differences among working adults can help optimize employee wellness services.” 

The researchers hope these findings start a bigger conversation about workplace wellness centers, as this perk comes with countless benefits for employees, though many shy away from taking advantage of it. 

“This is important information to keep in mind when designing wellness programs, to maximize their utilization and impact on employees health and wellness,” Dr. Sood said.

The price of gasoline reversed direction in the last week, falling slightly. One of the biggest declines took place in California, where the average price has finally fallen below $4 a gallon.

The AAA Fuel Gauge Survey shows the national average price of regular gas is $2.60 a gallon, down two cents from last Friday. It’s only six cents less than at this time last year. The average price of premium is $3.21 a gallon, a penny less than last week. The average price of diesel fuel is $3.01 a gallon, the same as last week.

In California, the statewide average price of regular has fallen to $3.99 a gallon, the highest in the nation. But it’s a lot lower than a month ago when the average price shot up to $4.17 a gallon due to supply bottlenecks.

Prices have been slow to fall because of heightened demand, but a growing stockpile of fuel last week is taking some of the pressure off prices. The Energy Information Administration (EIA) reports total domestic stocks of gasoline grew by 1.9 million barrels last week, bringing the current stock level to 219.1 million barrels. While it’s an improvement, the total is 7.5 million barrels less than last year at this time.

“This growth in stock levels, amid robust demand, has helped to push prices down and will likely continue to do so if the trend continues,” AAA said in its latest market update.

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 ($3.99)

• Hawaii ($3.66)

• Washington ($3.40) 

• Nevada ($3.37)

• Oregon ($3.29) 

• Alaska ($3.19)

• Idaho ($2.99) 

• Arizona ($2.94)

• Utah ($2.92)

• Colorado ($2.80)

The states with the cheapest regular gas

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

• Louisiana ($2.21)

• Mississippi ($2.22)

• South Carolina ($2.27)

• Missouri ($2.29)

• Texas ($2.26)

• Alabama ($2.27)

• Arkansas ($2.30)

• Virginia ($2.31)

• Oklahoma ($2.31)

• Tennessee ($2.33)

Ezzo Sausage Company of Columbus, Ohio, is recalling approximately 25,115 pounds of sausage and pepperoni.

The products may be contaminated with Listeria monocytogenes.

There are no confirmed reports of adverse reactions.

A list of ready-to-eat items, produced on October 29 – 30, 2019, and November 5, 2019, may be found here.

The recalled products, bearing establishment number “EST. 1838A” inside the USDA mark of inspection, were shipped to distribution centers in Indiana and Ohio.

What to do

Restaurants and institutions that purchased the recalled products should not serve them, but discard or return them to the place of purchase.

Consumers with questions may contact Darryl Thompson at (614) 445-8841.

A majority of the robocalls consumers receive are connected to one scam or another, and these calls are increasingly trying to push consumers into fraudulent Medicare purchases.

Missouri Attorney General Eric Schmitt reported this week that his constituents are getting robocalls claiming to be from a Medicare representative. The message claims the consumer is eligible to receive the best and most expensive medical brace. They are then instructed to press “1” if they would like to receive a brace or press “9” to be placed on the no-call list.

Schmitt says people who get these calls should push neither button and just hang up. He reports that his constituents who have responded to the message by pushing either button have ended up with braces they neither wanted or needed.

“No matter how convincing the call is, or how good the perceived deal is, it’s most likely a scam that wants to steal your money or information,” Schmitt said.  “Unfortunately, thousands and thousands of Missourians fall victim to these robocall scams each year. To ensure you aren’t the next victim, hang up the phone when you receive these calls and report them to our office - we will take action whenever possible.”

Showing up nationwide

The scam, no doubt, is showing up nationwide, not just in Missouri, along with a growing number of other Medicare-related scams. In September, the U.S. Justice Department charged 35 defendants with carrying out an alleged Medicare fraud scheme that charged the government $2.1 billion for tests for genetic links to cancer.

The complaint alleged that the tests were unnecessary and that the defendants -- including nine doctors -- pushed patients to undergo these tests and then billed the taxpayers.

Minnesota Attorney General Keith Ellison recently warned of an increase in robocalls claiming to be from Medicare or Social Security that try to steal personal information.

Advice from the government

The Center for Medicare and Medicaid Services says consumers should be increasingly alert to scams that try to exploit the government’s health benefit programs. Agency officials say Medicare will never call and ask for your Medicare number or other sensitive information unless you’ve given them permission in advance.

More importantly, the agency says Medicare will never try to sell you anything, including an expensive brace or medical device. A Medicare representative will never show up on your doorstep.

Finally, the agency says consumers may get a phone call from someone promising things if you give them your Medicare number. These people are fraudsters, the agency says, so don’t do it.