Current Events in January 2020

Ashland Sausage of Carol Stream, Ill., is recalling approximately 1,092 pounds of natural casing pork sausage.

The product may be contaminated with extraneous materials -- specifically pieces of hard, dark plastic.

There are no confirmed reports of adverse reactions

The following ready-to-eat (RTE) item, produced on November 14, 2019, is being recalled:

• 12-oz. plastic packages containing 5 pieces of “BERKSHIRE NATURAL CASING SAUSAGE” with lot code S318.

The recalled products, bearing establishment number “EST. 21549” inside the USDA mark of inspection, was shipped to retail locations in Illinois and New York.

What to do

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

Consumers with questions may contact Paul Podgorski at (630) 690-2600.

California’s new labor law, AB 5, went into effect on Wednesday with the start of the new year. But a federal judge says that it doesn't apply to every worker in the state. 

U.S. federal judge Roger T. Benitez placed a temporary block on the new law when it comes to independent truck drivers after hearing arguments from the California Trucking Association. The industry trade group issued a legal challenge to the law in November on the grounds that it would limit independent drivers’ use of their own vehicles and their ability to set their own schedules.

“Having considered the parties’ arguments set forth in Plaintiffs’ supporting papers, as well as Defendants’ and Intervenor-Defendant’s opposition papers, the Court finds that Plaintiff’s requested temporary restraining order is warranted,” Benitez said in his order. 

Reuters reports that a hearing to determine if a permanent injunction will be placed on AB 5 will take place on January 13. 

Legal challenges

California’s new labor law has faced a slate of legal challenges since its original proposal was advanced back in September. Last month, Uber and Postmates filed a lawsuit of their own on the grounds that AB 5 would hurt both businesses and workers. 

“AB 5 is an irrational and unconstitutional statute designed to target and stifle workers and companies in the on-demand economy,” the suit stated. “Plaintiffs bring this lawsuit to protect their constitutional rights and defend their fundamental liberty to pursue their chosen work as independent service providers and technology companies in the on-demand economy.”

Of course, regulators have completely different feelings when it comes to the law. California Assemblywoman Lorena Gonzalez called Uber’s efforts nothing more than an attempt to deny workers’ benefits that they deserve. 

“The one clear thing we know about Uber is they will do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient,” she said in a statement.

What’s the safest airline to fly? Once again, it’s Qantas, according to AirlineRatings.com, an airline safety and product rating website.

In its Top Twenty Safest Airlines 2020, AirlineRatings used data from more than 400 different airlines it monitors and focused entirely on the operational aspects of each one, not how comfortable its seats are or what kind of snacks it hands out.

In framing how the list was determined, AirlineRatings.com Editor-in-Chief Geoffrey Thomas emphasized that each airline was a “standout” when it comes to safety, innovation, and launching of new aircraft. 

“For instance, Australia’s Qantas has been recognized by the British Advertising Standards Association in a test case as the world’s most experienced airline,” Thomas said.

The Top 20 Safest Airlines 2020

In pecking order, here’s how AirlineRatings Top 20 shakes out:

1. Qantas

2. Air New Zealand

3. EVA Air

4. Etihad

5. Qatar Airways

6. Singapore Airlines

7. Emirates

8. Alaska Airlines

9. Cathay Pacific Airways

10. Virgin Australia

11. Hawaiian Airlines

12. Virgin Atlantic Airlines

13. TAP Portugal

14. SAS

15. Royal Jordanian

16. Swiss

17. Finnair

18. Lufthansa

19. Aer Lingus

20. KLM

Cheers and jeers both for Qantas

If you’re in charge of managing the safety of passengers on long routes like Qantas flies, you’d better have your act together.

“Qantas has been the lead airline in virtually every major operational safety advancement over the past 60 years and has not had a fatality in the jet era,” Thomas added. “But Qantas is not alone. Long established airlines such as Hawaiian and Finnair have perfect records in the jet era.”

While Qantas takes home the trophy for safety, there are some travelers who just aren’t fans of how they’re treated on the service end.

In reviews on ConsumerAffairs, the complaints range from delays to rudeness and even response time. One consumer complained about an issue they perceived with Qantas’ follow-through on reserve seating.

“Do Not Fly Qantas Airlines. They are a scam promising to reserve preferred seating,” David of Maple Ridge, British Columbia complained. “I paid a lot of money 11 months ahead of time for preferred seating and day of flight. They assigned me to worst seats on plane. Said sorry it happens, and refunded me the difference. No amicable agreed solution.”

The Federal Trade Commission (FTC) has handed Congress its latest National Do Not Call (DNC) Registry report, which focuses on how consumers and businesses alike have been impacted by unwanted sales pitches and robocalls. 

If you guessed that there are more and more people who want to be added to the list, you’d be right. There was an uptick of more than 4.1 million registrations from the previous fiscal year, bringing the DNC Registry close to 239 million consumer registrations.

Making companies put their money where their mouth is

Many consumers might be surprised to know that businesses and other entities pay to access the registry. The reason is that any U.S. telemarketing company that wants to call a consumer is required to download the phone numbers on the National Do Not Call Registry every single year to ensure they do not call consumers who have registered their phone numbers. 

The telemarketers are given access to five area codes for free, but they have to pay up to get the other 330 area codes. Some charitable organizations get the list for free.

Consumer complaints about telemarketing calls aren’t going away any time soon, but with the new TRACED Act hopefully putting a lid on runaway robocalls, there’s a little bit of hope. Nonetheless, the FTC figures that there’ll always be some company somewhere that is going to try and find a new way to get consumers on the phone without playing by the rules.

“As new technology provides new challenges, the FTC actively seeks to address and confront them by, among other things, encouraging private industry, other government agencies, academia, and other interested parties to create and develop new strategies to help consumers avoid unwanted telemarketing calls,” the Commission wrote in its Registry update.

The Food and Drug Administration (FDA) spent the better part of 2019 stepping up the pressure on e-cigarettes. This year, the FDA may move from pressure to outright bans of certain types of “vaping” devices.

The Wall Street Journal cites “people familiar with the matter” as saying the agency will move within days to ban fruit-flavored cartridge e-cigarettes because they are believed to be most appealing to children and young adults. The move would allow the continued sale of tobacco and menthol-flavored tank system devices.

According to the Journal report, the FDA, which has expressed increasing concern about teen use of vaping devices, had to compromise with other elements of the Trump administration because of political concerns.

Political non-starter

An outright ban on e-cigarettes that some favored was seen as a political non-starter because it would cause too much discontent during an election year. An outright ban was also seen as a potential economic blow to small businesses.

Since the objective is to discourage teen vaping, the compromise was viewed as workable because teens prefer the flavored cartridge systems like Juu. Open tank devices are typically favored by older adults who are using e-cigarettes in an attempt to quit smoking.

The report says the FDA could announce the ban within days. It would follow a move by Congress two weeks ago to raise the legal age for purchasing both tobacco and e-cigarettes from 18 to 21.

Former commissioner began the campaign

The FDA’s campaign against e-cigarettes began under former FDA Commissioner Scott Gottlieb, who resigned in early March. At the beginning of last year, Gottlieb called the growing teen use of e-cigarettes “an epidemic” and first raised the possibility of an outright ban if surging teen use continued.

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

Gottlieb singled out Juul for special criticism as he left office in April, saying there is no question the company bears some responsibility for the surging levels of teen vaping. 

Gottlieb cited research showing that an estimated 37 percent of high school seniors have tried e-cigarettes. A quarter of youth users told researchers they didn’t realize the products contain nicotine.

In November, Juul voluntarily stopped selling mint-flavored products. Previously, it halted sales of its mango, creme, and cucumber flavors. With mint dropped from its offerings, Juul now only offers tobacco and menthol flavors. 

It’s a new year, but it’s business as usual for the U.S. health care system. 

Reuters reports that multiple pharmaceutical companies hiked prices on over 50 prescription drugs on Wednesday. An analysis conducted by health care research firm 3 Axis Advisors shows that over 250 price hikes were made in total to kick off 2020. 

The price increases were made by several major companies in the industry, including Bristol-Myers Squibb Co., Gilead Sciences Inc., and Biogen Inc. Some of the affected drugs include treatments for cancer, HIV, and multiple sclerosis. 

High drug prices still an issue

The price increases announced on Wednesday shouldn’t come as much of a surprise, despite plenty of attention being paid to the issue by regulators and congressional leaders. 

The U.S. Senate conducted several hearings on high drug prices in 2019 that were specifically focused on providing relief to consumers. Senator Susan Collins (R-Me.) said in June that it was important for lawmakers to create incentives for drug companies to produce alternative drugs and not rely on long-held patents.

“We must do more to ensure that essential medicines are more affordable, that their prices are transparent, and that their competitors are not blocked, once their patients have expired, by gaming of the patent system,” she said. “One thing is certain, our drug pricing system is opaque and rife with misaligned incentives.

More recently, the Trump administration has proposed the idea of allowing consumers to purchase and import drugs from Canada at lower prices. The overall goal would be to allow Americans to gain access to needed treatments without being gouged. 

In the last few months of 2019, record numbers of vaping-related illnesses and deaths were plaguing consumers, and researchers ultimately made a connection between these incidents and the chemical vitamin E acetate. 

Now, researchers from Ohio State University Wexner Medical Center found that the connection between vitamin E acetate and vaping-related deaths could be stronger than initially anticipated. 

The role that vitamin E acetate plays

Experts have dubbed vaping-related illnesses EVALI. To better understand how vitamin E acetate contributes to the condition, the researchers tested lung fluid in participants. Having fluid in the lungs is typically associated with lung disease, so this process would give the researchers a clear picture of how consumers are affected by vaping and vitamin E acetate. 

The researchers worked hand-in-hand with the Centers for Disease Control and Prevention (CDC) to get these fluid samples from public health facilities, comparing nearly 100 patients with no history of EVALI with 51 patients who had been diagnosed with the condition. 

Based on the test results, the researchers discovered that all but three of the EVALI patients tested positive for fluid in their lungs, whereas those who didn’t vape and had no connection to EVALI were free of any lung fluid. 

Making change

As the vaping death toll continued to rise at the end of 2019, policymakers began getting involved in an effort to regulate the vaping industry. Moving forward, the researchers hope that these findings can help propel that momentum even further and ensure that the source of such health concerns can be targeted appropriately. 

“These findings support the conclusion that vitamin E acetate is a potential causative agent of EVALI, and that it is an important discovery as decisions are made about how to best regulate the rapidly evolving e-cig industry,” said researcher Dr. Peter Shields. 

A new study conducted by researchers from Penn Medicine found that consumers who opt for at-home fertility tests, commonly known as direct-to-consumer (DTC) tests, aren’t always getting the most accurate readings. As a result, the researchers say users could receive mixed results about their fertility status. 

“Consumers continue to desire these tests, and they’re attractive, but they don’t deliver on their promise,” said researcher Moira Kyweluk, PhD. “I view DTC testing as an entry point into what I term the ‘new (in)fertility pipeline’ for women today. Because it is low cost and widely available, it’s reaching a larger demographic, people of diverse identities and backgrounds, and raising awareness of more advanced procedures and technologies like egg freezing.” 

What to expect from DTC tests

To better understand how DTC fertility works, the researchers followed 21 women through the process from start to finish. 

The most important part of testing fertility is analyzing a blood sample. Because many women are drawn to DTC tests because of the convenience factor, a number of the participants took their own blood samples at home and sent them in to be tested. Others went to labs and had their blood drawn. 

While the lower cost and the simplicity of DTC tests make it a real, affordable option for many consumers, the researchers found that the results aren’t always as clear cut as many women may think. 

The study revealed that though these tests seem like a viable solution, the results yielded from them aren’t always accurate and can create more confusion for those trying to be proactive about family planning. 

As these tests grow in popularity, the researchers hope that these findings spur future studies that can help women better understand their options. 

“Though there may be some benefits to consumers using DTC fertility testing, across the board participants were left with incorrect assumptions about the power of hormone testing to predict fertility,” said Kyweluk. “No test or medical procedure guarantees future fertility -- including egg-freezing -- and these startups directly target women who are concerned about their reproductive futures.”