Current Events in November 2019

Cay Thi Queentrees Food USA of Garden Grove, Calif., is recalling approximately 43,848 pounds of slow-cooked black chicken.

The products were imported from Vietnam and distributed in the U.S., without undergoing government inspection.

In addition, Vietnam, is ineligible to export poultry products to the U.S.

There are no confirmed reports of adverse reactions.

The following items, which entered the U.S. on January 2, 2019, and January 25, 2019, are being recalled:

• 454-g packages containing “SLOW-COOKED BLACK CHICKEN GA AC TIEM CORDYCEPS SINENSIS DONG TRUNG HA THAO” with lot code H9007 and a sell-by date Jan/02/2020 or Jan/25/2020.
• 454-g packages containing “SLOW-COOKED BLACK CHICKEN GA AC TIEM FIVE SPICE NGU V!” with lot code 8324/T8352 and a sell-by date Jan/02/2020 or Jan/25/2020.
• 454-g packages containing “SLOW-COOKED BLACK CHICKEN GA AC TIEM GINSEN NHAN SAM” with lot code A8328 and a sell-by date Jan/02/2020 or Jan/25/2020.

These recalled products were shipped to retail stores in California and sold via internet/catalog sales.

What to do

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

Consumers with questions may contact Nguyen Le at (714) 230-5554.

A coalition of nearly 100,000 Uber drivers in New York City are suing Uber, accusing the company of failing to repay taxes it deducted from drivers’ passenger fare earnings.

The group of drivers, who are represented by the New York Taxi Workers Alliance, allege that the ride-sharing giant violated its contracts with drivers by “stealing” some of their wages by taking taxes from drivers’ portion of fares on top of a 20-28 percent “service fee.”

“This lawsuit seeks to recover amounts that were systematically deducted from drivers’ earnings in violation of Uber’s driver contracts as a result of Uber’s payment practices in New York from at least November 6, 2013 through May 22, 2017,” the complaint reads. 

Roughly 96,000 drivers are owed money from Uber, according to the lawsuit, which was filed in a federal court on November 6. 

The suit also claims Uber’s “upfront pricing” scheme harbored another way for the company to make more money off of drivers. Upfront pricing was introduced in spring of 2016, a time during which “Uber charged different fares to customers than it reported on drivers’ pay statements,” the complaint said. 

“This surreptitious use of double definitions of the ‘Fare,’ a defined term under the contract, resulted in Uber charging higher fares to passengers than those it reported to drivers,” the suit said. “Uber then pocketed the difference, depriving drivers of their contractual share of the full fare charged to customers.” 

Wage theft

The Taxi Workers Alliance has long supported measures to increase driver fairness and has often criticised the ride-hailing industry as a whole.

The suit comes the same week a Supreme Court judge rejected Uber’s effort to overturn the cap on the number of ride-hailing vehicles allowed to cruise New York City’s streets. Bhairavi Desai, director of the Taxi Workers Alliance, praised the ruling. 

In a statement regarding the latest legal fight against Uber, Desai reiterated the group’s commitment to making sure drivers are compensated fairly. 

“Uber bosses are raking in millions while drivers struggle to feed their families,” Desai said. “Uber’s business model depends on exploiting vulnerable low-wage workers — including by stealing from driver pay. But time and time again, when workers fight back, we beat Uber even with all their billions.”

As recent studies have made clear, parents’ lifestyles and eating habits can have an impact on their children’s health. Now, a new study has made an interesting discovery when it comes to childhood obesity. 

According to the researchers, children with no siblings are more likely to struggle with obesity than children with siblings, as healthy habits are more common when there’s more than one child in a household. 

“Nutrition professionals must consider the influence of family and siblings to provide appropriate and tailored nutrition education for families of young children,” said researcher Chelsea L. Kracht, PhD. “Efforts to help all children and families establish healthy eating habits and practices must be encouraged.” 

Understanding food habits

The researchers had 68 mothers and children participate in the study, 27 of whom had one child and 41 who had more than one child. 

The mothers reported on what they and their children ate using two different methods. They kept their own food diaries to log all snacks, meals, and beverage choices over the course of three days and also completed the Family Nutrition and Physical Activity questionnaire, which gave the researchers a broader spectrum to evaluate their food choices. 

After analyzing both of these responses, the researchers were able to give each family a score on the Healthy Eating Index as a way to determine how their choices ranked overall in comparison to recommended daily guidelines. 

Ultimately, the study revealed that both children and their mothers were more likely to struggle with obesity in single-child households as opposed to mother-child pairings from multiple-child households. 

These findings mirror what many previous researchers have found, which is that mothers’ eating and activity habits can have a huge impact on their children’s health. The findings indicate that mothers who are healthier are more likely to have children who are also healthy. 

Moving forward, the researchers recommend that all parents, regardless of the number of kids they have, focus on practicing healthy eating habits, as doing so can be beneficial for kids’ health in the long term.

In an effort to drum up support for T-Mobile’s upcoming merger with Sprint, the carrier has promised to roll out three new programs if the deal takes place. 

At an event on Thursday announcing T-Mobile’s plan to launch 5G in early December, the carrier gave details on three new programs that will join its roster of services if the $26.5 billion merger happens as planned. 

T-Mobile said its “first planned Un-carrier moves for the proposed new T-Mobile” will include new programs that will rely on the new company’s “transformational network.” 

Should the merger take place, the following initiatives would be cleared to move ahead, bringing “accessibility and connectivity to the most deserving and underserved consumers across the country,” according to T-Mobile: 

• Connecting Heroes Initiative. A pledge to offer free 5G access — including unlimited talk, text, and smartphone data — to every first responder at every public and non-profit state and local police, fire, and emergency medical technician location across the U.S. for the next decade.

• Project 10Million. A new program designed to “eradicate the homework gap that exists for millions of children by offering free service and hotspots and reduced cost devices to 10 million households around the U.S. over five years.” 

• T-Mobile Connect. A new $15-a-month phone plan option which T-Mobile says is for “everyone, especially lower-income consumers.”

Combined 5G network

CEO John Legere has been making a case for the merger ever since it was first proposed a year and a half ago, saying that joining forces with Sprint will enable the creation of a “spectacular” 5G network. 

Legere noted on Thursday that the deal “has taken longer to close than we thought it would.” He added that critics of the deal “have yet to realize that what they want is what we want.” The company says that combining T-Mobile and Sprint’s networks will create "ridiculous amounts of network capacity” and will enable the creation of several enticing and competition-increasing programs for consumers. 

“Only the New T-Mobile’s transformative 5G network will FINALLY have the capacity and reach to make the BOLD moves we announced today that are squarely aimed at SOLVING inequities that have huge impacts on our society,” Legere said in a statement. 

The Federal Communications Commission and the Justice Department have each given official approval for the merger. However, the deal is still opposed by 18 state attorneys general who argue that it will harm competition and raise prices for consumers.

Sears, the retail brand now owned by Transformco, continues to get smaller. The company has announced it’s closing another 96 stores after securing $250 million in funding.

Transformco, headed by former Sears CEO Eddie Lampert, acquired the assets of Sears Holdings for $5.2 billion early this year. It took over 450 remaining Sears and Kmart stores.

Lampert’s offer was viewed by some as a way to keep Sears in business while saving at least 45,000 jobs. But not everyone was convinced, and the deal faced a legal challenge from the company’s unsecured creditors -- including manufacturers that had provided inventory and landlords who were owed back rent.

These creditors urged the court to require the bankrupt company to liquidate and sell its assets. Lampert prevailed after claiming he could at least keep 425 stores open and 45,000 people working. So far it hasn’t worked out that way.

Just 182 stores left

After the latest round of closings, which will take place by February, the company will be left with only 182 stores. In another bit of bad timing, the company said it will begin holding “going out of business” sales at affected stores on December 2 while its competitors will still be in the midst of their post-Black Friday sales.

In announcing the move, Transformco said the store closings and $250 million lifeline funding will give the company a chance to refocus on its competitive strengths. But it concedes it must deal with “a difficult retail environment and other challenges.”

Sears has been in a downward spiral since 2011, a year after its last profitable year. Since then Sears has mostly responded to mounting losses by closing stores. In several instances, it sold off some of its longtime brands.

Reasons for the decline

When Sears finally declared bankruptcy a year ago, CNBC identified five factors that led to the retailer’s downfall and the list did not include the retail armageddon brought on by Amazon. The business network said these other missteps proved to be fatal:

1. It diversified too much

2. It merged with Kmart

3. It cut too much

4. It sold good real estate

5. It was run like a hedge fund

At one time, Sears Roebuck and Company was the world’s largest retailer, a title it relinquished to Walmart three decades ago. In 2018, the year it declared bankruptcy, it was the 31st-largest retailer in the U.S., according to the National Retail Federation.

Gasoline prices were very stable over the last seven days, but on a national basis, the price at the pump is moving higher, not lower.

The AAA Fuel Gauge Survey shows the national average price of regular gas is $2.62 a gallon, a penny higher than last Friday. The price is 11 cents cheaper than a year ago. The average price of premium is $3.22, also a penny higher than last week. The average price of diesel fuel is $3.01 a gallon, compared to $3 last week.

For much of the country, it’s been the best of times and the worst of times when it comes to gas prices. In California, the price at the pump has remained stubbornly above $4 a gallon for several weeks. But early in the week, the average price in Michigan was at a 2019 low. In the last few days, it’s risen 11 cents a gallon.

In most states, tight supplies have kept gas prices from falling, but at least they haven’t gone up very much. In its latest report published Thursday, the Energy Information Administration (EIA) revealed that gasoline supplies fell for a sixth straight week. The current fuel stockpile is nearly 11 million barrels less than at this time last year when gasoline prices were higher.

“Reduced stock levels, amid robust demand, helped to push the national gas price average higher this week,” AAA said in its latest market update.

AAA says demand remains high but has fallen from the 9.78 million barrels a day that consumers were using in the previous week.

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 ($4.07)

• Hawaii ($3.66)

• Washington ($3.42) 

• Nevada ($3.37)

• Oregon ($3.33) 

• Alaska ($3.20)

• Idaho ($2.98) 

• Arizona ($2.93)

• Utah ($2.87)

• Colorado ($2.78)

The states with the cheapest regular gas

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

• Louisiana ($2.23)

• Mississippi ($2.23)

• South Carolina ($2.27)

• Missouri ($2.27)

• Texas ($2.28)

• Alabama ($2.28)

• Arkansas ($2.31)

• Virginia ($2.32)

• Oklahoma ($2.33)

• Tennessee ($2.35)

BMW of North America is recalling 20 model year 2020 BMW X3 M40i and X4 M40i vehicles.

The steering rack pinion teeth may break under load, resulting in a loss of steering control, increasing the risk of a crash.

What to do

BMW has notified owners, and dealers will replace the steering gear free of charge. Owners may contact BMW customer service at (800) 525-7417.

The Agriculture Department’s Food Safety and Inspection Service has issued a public health alert regarding the sale of 77 pounds of raw pork sausage by New York Style Sausage Co., of Sunnyvale, Calif.

The products contain sesame seed, an allergen not declared on the label.

There are no confirmed reports of adverse reactions.

A recall was not requested because it is believed that products are no longer available for consumers to purchase.

The following items, produced on October 15, 2019, are subject to the public health alert are:

• 16-oz. plastic wrapped packages containing “SHANNON VALLEY IRISH BRAND Jumbo Pub Style PORK BANGERS.” The product is labeled “Re-freeze or keep refrigerated” and does not bear a use by or sell by date.
• 16-oz. plastic wrapped packages containing “SHANNON VALLEY TRADITONAL IRISH BRAND PORK BANGERS.” The product is labeled “Re-freeze or keep refrigerated” and does not bear a use by or sell by date.

The products subject to the public health alert, bearing establishment number “EST. 9027” inside the USDA mark of inspection, were shipped to a distributor for direct sales to consumers in California.

What to do

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

Consumers with questions may contact Pasquale Bitonti at (408) 745-7675.

American Honda Motor Co. is recalling 645 Genuine Accessory Rear Carriers designed specially for model year 2019-2020 Monkey motorcycles.

The rear carrier may fail when the carrying weight is below the stated limit.

An operator may unknowingly overload the rear carrier, which may cause the rear carrier to break and detach.

If the rear carrier detaches while the vehicle is in motion, it can become a road hazard, increasing the risk of a crash.

What to do

Honda will notify owners, and dealers will uninstall the rear carrier and provide a refund.

The recall is expected to begin December 16, 2019.

Owners may contact Honda customer service at (866) 784-1870. Honda's number for this recall is KK5.

The next time you’re headed west, you might find yourself in the “Espresso” lane if you’re flying on Alaska Airlines.

The airline and one of its Seattle-based peers, Starbucks, have joined forces to offer priority boarding to passengers holding one of Starbucks’ holiday-themed cups — no matter if that cup holds a latte, tea, or nothing at all. 

Time is of the essence, though — the promotion only lasts four days, starting Thursday and ending Sunday. Fliers will also have to muster up some understanding because “priority boarding” doesn’t mean what it sounds like. It’s not until after the first four groups of disabled, passengers with babies, active military, first-class passengers, and elite program fliers board the flight that the cup-holding passengers fall in line as the fifth group to board, just one slot ahead of the group sitting in the back of the plane.

Perks are important

Adding in little touches like the Starbucks promotion are part of Alaska’s fabric, but the airline’s promotional bread and butter is its Mileage Plan card, a plan MillionMileSecrets says is their favorite frequent flyer program, hands down. 

And, with consumers giving extra attention to holiday travel, perks become even more valuable — and there’s one potentially valuable option many consumers haven’t thought about.

“While travelers are relying on points and credit cards for their holiday arrangements, there may be another option: premium program enrollment,” Tom Caporaso, CEO of Clarus Commerce, told ConsumerAffairs.

“Airlines have evolved over the past few years, and they aren’t just offering points for miles anymore, but instead, offering guaranteed perks and discounts for a small, annual fee. Delta just launched a $59 program that promises overhead bin service for every flight, a perk that can lower costs and the travel anxiety brought on from costly variables that are sometimes out of travelers’ control.”

“As more and more airlines revamp loyalty programs to meet consumer needs, travelers may get more value from these kinds of programs than traditional points that they have stockpiled for years.”

What consumers think of Alaska Airlines

Since Alaska’s main routes are mostly oriented to the U.S. Northwest, there’s a beaucoup of travelers who’ve never had the Alaska experience.

As far as customer satisfaction is concerned, Alaska Airlines has an odd mix of yays and boos. It’s ranked as one of the world’s safest airlines and has taken the top spot on the J.D. Power North America Airline Satisfaction Study for 11 years in a row. However, no airline is perfect, and reviews for the company on ConsumerAffairs run the gamut from one to five stars. 

One consumer — Maria of Altadena, CA — gave the airline 5 stars for understanding the rights of every passenger, especially those who are disabled. 

“I would like to thank Alaska Airlines for the kindness and respect they express to my 15 year old son who is severely disabled on a flight to Hawaii for a family wedding and it was my son's first flight. We were treated with respect and kindness,” she said in her review on ConsumerAffairs.

A settlement this week between AT&T and government regulators addressed “unlimited” data plans that slowed the network once a data cap had been exceeded. But a report released this week approaches unlimited data plans from an entirely different angle; it suggests many consumers who choose unlimited plans are paying for a lot more data than they use each month.

Today, unlimited data plans abound. This week, AT&T introduced three new ones. The market shows that consumers like the idea of not having to worry about how much data they’re using, so unlimited plans are very popular.

Just a few years ago, most consumers were on plans that capped data at a certain number of gigabytes. Once the cap was exceeded, the speed slowed considerably or the customer was charged an additional fee for extra data.

Leaving data — and money — on the table

But whether the plan is capped or unlimited, a study by ItsWorthMore.com shows consumers hardly ever use all the data in their plans, meaning they are leaving data — and money — on the table.

Only 12 percent of users on a capped plan said they typically exceed their limit each month, which means the overwhelming majority might get by with a cheaper plan. The study found that the average bill for a capped plan is $61.45 a month and that the average consumer uses only about 75 percent of their allotment. 

The study calculates the cost of the unused data at $16.56, or a total of nearly $200 a year. While consumers might not feel the loss, the study authors say wireless providers certainly reap the gain, pocketing $16.7 billion a year by reselling unused data.

Measuring unlimited data waste

It’s a little harder to measure waste when it comes to unlimited data plans but the study can measure usage and put a price on it. It seems unlimited data users might be getting the better deal.

When measured against average use, the price per gigabyte is lower — almost half that of a capped plan. Using an average of 12 gigabytes per month, unlimited plan customers spent about $7 per gigabyte each month. Capped plan users utilized just over 5 gigabytes a month at an average cost of almost $12 per gigabyte.

The authors suggest that heavy users will likely come out ahead with an unlimited plan. But consumers with more moderate data usage will likely overpay and would be better off with a capped plan that more closely fits their needs.

With the holiday season fast approaching, steering clear of sweets and treats is about to get harder than ever. But a new study conducted by researchers from the University of Wyoming could help consumers when it comes to achieving their goals. 

The study revealed that when consumers are most successful in achieving their goals when they take temptation into consideration and proactively plan to stay away from it. 

“People rely on self-control strategies,” the researchers explained. “The use of these strategies can be planned ahead of time, before a temptation is directly experienced. And, planning self-control ahead of time may be critically involved in achieving long-term goals.” 

Planning is key

To see what role planning played in consumers’ ability to achieve their goals, the researchers compiled five self-control strategies that the study participants tested out. 

The strategies included distraction, situation selection, reappraisal, situation modification, and response inhibition. Of the five options, the researchers learned that all but response inhibition were successful in helping participants reach their goals. 

Response inhibition requires consumers to face their temptation head-on and then make the active choice to turn it down, a task that is not only difficult to plan for but is incredibly difficult in the moment.  

Avoiding temptation

For those who struggle with temptation, especially as the holidays roll around, it’s the perfect time to plan ways to stay on top of healthy eating. Planning to use these self-control skills ahead of time could be beneficial.  

Distraction can help consumers by redirecting their attention away from the source of the temptation. Similarly, choosing situations that are free of temptations, or making choices that allow them to actively avoid temptation, is another method of self-control. 

Reappraisal is another option, which involves consumers reframing how they think about temptation. If junk food is what’s tempting, this tactic could be as simple as consumers changing their inner dialogue around junk food. Rather than thinking about how much they want it, they can instead remind themselves that too much sugar could cause a stomachache. 

Lastly, the researchers recommend that consumers make subtle changes to their situation if they can’t avoid the temptation entirely. This could involve enlisting others to help clear the space of any junk food. 

Trying out any of the above strategies could make a big difference for consumers who are looking to stay healthy during the holiday season and in the months that come afterwards.

“We found evidence suggesting that participants sometimes formed plans for how to manage temptations and that these plans were indeed related to the initiation of diverse self-control strategies,” said researchers Ben Wilkowski and Zach Williamson. “People can, indeed, proactively initiate self-control. And those who do so are better able to make progress toward their long-term goals.” 

With Black Friday 22 days away, Target has begun to roll out what it calls its “HoliDeals,” with sale prices on merchandise like home furnishings, electronics, and toys.

As part of the rollout, the retailer offered a preview of its Black Friday ad. In years past, stores went to great lengths to keep this ad under wraps. Target stores will also hold a two-day Black Friday preview sale this weekend with an increased number of bargains.

Members of its Target Circle loyalty program will get first crack at the deals as the company is providing early access to consumers who have signed up for the new promotion. RedCard holders will also be included.

“This is the busiest time of year for our guests, and with the shortened season, we want to make it as easy as possible for them to cross everything off their holiday list at Target,” said Rick Gomez, executive vice president, chief marketing and digital officer, Target. “And with our biggest investment ever in guest service, our teams will be ready to help guests shop and save with ease this holiday season.”

Target is increasing its seasonal staff

In September, Target announced it would hire more than 130,000 seasonal workers to help it meet the Christmas rush. The company said about 125,000 workers would fill in-store positions and about 8,000 would be placed in distribution and fulfillment center jobs. Target will pay workers a minimum starting wage of $13 per hour.

The Black Friday Two-Day Preview Sale will run Friday and Saturday, November 8 and 9. Target shoppers will have access to some of the Black Friday sale items during the event that will last all day both days.

The sale items will include:

• TCL 40” 1080p Smart LED Roku TV for  $169.99 

• Nikon D3500 18-55mm Camera $399.99 

• Discount on top-selling mobile devices

• $200 Target GiftCard with the purchase of the newest generation iPhones

• Jetson Strike Hoverboard $95 

• Beats Solo3 headphones $129.99

The day before Thanksgiving, Target says its RedCard holders and Target Circle members will get early access to some of the best Black Friday deals. RedCard holders will get an additional 5 percent off purchases that day.

Black Friday itself will start Thanksgiving morning on Target.com. Target stores will open at 5 p.m. on Thanksgiving Day and remain open until 1 a.m. Friday. Stores will reopen at 7 a.m. for the main event and the 2019 holiday shopping season will officially be underway.

T-Mobile CEO John Legere announced Thursday morning that his company’s nationwide 5G network will be activated on December 6. 

The carrier had already launched its 5G network in a few markets, but the nationwide rollout will bring the network to 5,000 cities and towns before the end of the year. Legere says the network will eventually cover 200 million customers and boast speeds ten times faster than current LTE speeds by 2024.

At launch, T-Mobile will only have two devices that are compatible with the 5G network: the Samsung Galaxy Note 10 Plus 5G and the OnePlus 7T Pro 5G. 

Seeking support for merger 

The carrier is marketing its 5G initiative as “5G for Good” and using it as an opportunity to garner support for its upcoming merger with Sprint. 

"This deal has taken longer to close than we thought it would,” Legere said. “Some people are still asking questions -- the right questions. But these people have yet to realize that what they want is what we want.” 

T-Mobile President Mike Sievert said in the announcement that the carrier plans to combine its low-band 600MHz spectrum and its ultra-high mmWave holdings with Sprint's 2.5GHz mid-band signals to create "ridiculous amounts of network capacity." 

“This is something we could never do if the merger doesn't happen,” Sievert added. 

The Federal Communications Commission and the Justice Department have each given official approval for the merger. However, the deal is still opposed by 18 state attorneys general who argue that it will harm competition and raise prices for consumers. 

Tesla and Walmart have settled a lawsuit accusing Tesla and its technicians of causing fires which originated from solar panels installed on half a dozen Walmart store rooftops. 

In a complaint filed earlier this year, Walmart accused the company of engaging in “gross negligence” and dispatching technicians who set up the solar panels in a way that rendered them a fire hazard. 

"Wires on the store's rooftop were still sparking at the time that Walmart discovered the fire and could have ignited more extensive flames, with potentially devastating consequences," the lawsuit claimed. "Equally troubling, after Tesla technicians visited the rooftop, one of the technicians failed to close the cover to a combiner box, exposing this important piece of equipment to the elements and thereby creating a fire hazard.

Seven solar panel-related fires occurred on top of Walmart stores between 2012 and 2018, causing damage to property and inventory, the suit said. 

Safety concerns resolved

Now, the two companies have issued a joint statement saying concerns about the safety of the panels have been “addressed.” 

“Walmart and Tesla are pleased to have resolved the issues raised by Walmart concerning the Tesla solar installations at Walmart stores,” the companies said in a statement to CNBC. “Safety is a top priority for each company and with the concerns being addressed, we both look forward to a safe re-energization of our sustainable energy systems.”

In the lawsuit, Walmart had asked Tesla to remove its solar panels from more than 240 Walmart stores. However, the newly reached agreement indicates that the solar panels will remain in place.