Current Events in May 2022

Ford Motor Company is recalling 39,013 model year 2021 Expeditions and Lincoln Navigators.

An engine compartment fire may occur while the vehicle is being driven or parked, even when the ignition is in the "Off" position.

A vehicle fire increases the risk of injury.

What to do

A remedy for this issue is still under development. Owners are advised to park their vehicles outside and away from structures until a remedy becomes available and is performed.

Letters notifying owners of the safety risk are expected to be mailed on May 23, 2022. A second letter will be mailed once the remedy is available.

Owners may contact Ford customer service at (866) 436-7332. Ford's number for this recall is 22S36.

Olympia Meats of Portland, Ore., is recalling approximately 862 pounds of ready-to-eat (RTE) pork deli meat.

The product contains pistachios, an allergen not declared on the label. The product is labeled as Mortadella Classica but contains Mortadella with pistachios. There have been no confirmed reports of adverse reactions.

The following item, produced on February 10, 2022, and February 13, 2022, is being recalled:

• 4-lb. vacuum-packed chubs of “OLYMPIA PROVISIONS MORTADELLA CLASSICA WITH GARLIC & SPICES” with best by dates of 06-13-2022 and 07-14-2022 and batch codes of 0422 and 0402.

The recalled product, bearing the establishment number “EST. 39928” inside the USDA mark of inspection, was distributed to locations in Maine, Oregon, and Washington for retail and foodservice sales.

What to do

Customers with an allergy or sensitivity to pistachios who purchased the recalled product should not consume it. Instead, they should discard or return it to the place of purchase.

Consumers with questions may contact Olympia Meats at (253) 691-1792.

Santa Cruz Bicycles of Santa Cruz, Calif., is recalling about 1,600 2022 Heckler 9 electric bicycles.

The latch mechanism that holds the battery in place can malfunction, causing the battery to dislodge from the frame and fall to the ground. This could pose a fall hazard to the rider.

Additionally, the latch spring can cause additional wear on the battery housing over time, posing a fire hazard.

The firm has received ten reports of batteries falling from the frame and two reports of the latch spring causing added wear on the battery housing. No injuries or fires have been reported.

This recall involves 2022 Santa Cruz Heckler 9 model electric bicycles (e-bikes), which were sold in Gloss Avocado Green or Maritime Gray. They come with an interchangeable 720WH battery that sits inside a black case under the frame.

The name “SANTA CRUZ” is printed on the sides of the downtube of the bicycle frame, and “Heckler” is printed on the top tube of the frame and on the inside of the left chainstay on the frame.

The bikes, manufactured in the U.S., were sold online at santacruzbicycles.com and at bicycle shops and sporting goods stores nationwide from January 2022, through March 2022, for between $8,200 and $13,300.

What to do

Consumers should immediately stop using the recalled bicycles and contact their authorized Santa Cruz Bicycle dealer to arrange for a free repair to replace the latch spring mechanism and install a battery wear plate.

Consumers who purchased the bicycle online or no longer reside near their dealer should contact the firm or visit its website here. Consumers should remove or secure the battery prior to transporting the bicycles. The firm is contacting all known purchasers directly to provide more details about the repair.

Consumers may contact Santa Cruz Bicycles toll-free at (833) 944-8335 from 9 a.m. to 5 p.m. (PT) Monday through Friday, by email at qualityassurance@santacruzbicycles.com or online for more information.

Chrysler is recalling 65 model year 2022 Jeep Grand Cherokees and Grand Cherokee Ls.

Due to a software programming error, any failure with the turn signals would not be communicated to the driver.

If a turn signal fails, the driver will not be informed and surrounding drivers will not receive an indication of the intention to change direction. This can increase the risk of a crash.

What to do

Dealers will update the body control module software free of charge.

Owner notification letters are expected to be mailed on June 3, 2022.

Owners may contact Chrysler customer service at (800) 853-1403. Chrysler's number for this recall is Z35.

The text message that arrived on the ConsumerAffairs CEO’s phone was short and to the point: “(NETFLIX) To: Zac: The may payment subscription has been declined, account is on hold.” It was followed by a link.

Recognizing it as an old scam, Zac alerted Daniel McConnell, ConsumerAffairs’ head of cybersecurity, who analyzed it and found nothing unusual or special about it. He decided it wasn’t aimed at the company, as a growing number of phishing scams are these days.

“I am not even sure if it was special in terms of trying to get ConsumerAffairs info,” McConnell said. “It may have just been a run-of-the-mill phishing attempt.”

The same message was likely sent out to countless other people, with each one customized to include the target’s name. Unfortunately, those who clicked on the link may have downloaded malware to their device or were tricked into providing credit card or login information that compromised their personal accounts.

If it worked before…

The Netflix account suspension scam is not new. We last reported on it in 2019 when consumers began reacting to emails that warned them they were about to lose access to their favorite streaming shows.

Like swallows returning to Capistrano, scammers can't resist a scheme that has worked before. That's according to Kristofor Healey, CEO of Black Bear Security Consultants and a retired special agent at the Department of Homeland Security.

“Think of scammers as fishermen,” Healey told ConsumerAffairs. “They will always go back to a spot where they have had success in the past. When a scam gets a lot of attention in the press or there are major arrests associated with a particular scam, the scammers may put it on the shelf for a while until the heat moves on to something else. But if it was successful, they will always come back to it.”

“We see old scams being used in new markets as the bad actors evolve,” said Ari Jacoby, CEO of Deduce, a provider of anti-fraud solutions.

Some scams, old or revamped, are fairly easy to spot. Misspelled words and incorrect grammar are often dead giveaways. In the text sent by the scammer to ConsumerAffairs’ CEO, the word “May” is not capitalized as it should be. The words “payment” and “subscription” are also reversed.

It’s a numbers game

Netflix isn’t the only large company that has been used as scam bait. Healey said Amazon and Bank of America are other favorites of scammers.

“Big companies like Amazon, Comcast, Netflix, and others are used as bait because it’s a numbers game,” Healey said. “In the same way scammers impersonate the IRS or SSA, they will impersonate large businesses that have massive customer bases and diverse clientele.  They want to cast as wide a net as possible, and impersonating companies with major market share increases the percentage of victims that they can convert.”

The old Netflix scam does, however, have a new wrinkle. Several years ago, scammers almost exclusively used emails to target their victims. Increasingly, the attacks today come by way of a text.

“Many businesses have begun asking their clients to opt into text messages when they make an online purchase,” Healey said. “As text messages become more common ways for businesses to interact with customers, scammers are following suit.”

Consumers who receive a text that claims their Netflix account has been “put on hold” should never click on any link in the message. Instead, they should log into their Netflix account on a secure device and click on “Account.” If there is a billing problem, it will be noted there.

After a crash that may have involved Tesla’s Autopilot feature and killed three people, U.S. vehicle safety regulators have opened up a new investigation into more than 30 other driving incidents in which Autopilot was involved. 

The new investigation, which was first reported by the Wall Street Journal, was spurred on by an accident earlier this month that occurred in Newport Beach, California. The incident involved a Tesla vehicle that reportedly hit a curb and ran into construction equipment, killing all three of the vehicle’s occupants and sending three construction workers to the hospital with non-life-threatening injuries. Local police declined to say whether Tesla's Autopilot was involved or not.

Last year, federal officials launched a separate probe into the safety of Tesla’s Autopilot feature following a violent crash in Detroit. Earlier this year, the automaker recalled over 50,000 vehicles over Autopilot-related issues. 

Automakers continue to invest in self-driving technologies

Tesla is one of a number of automakers that employ Level 2 driver assistance systems, which were originally designed to ease the burden of driving. J.D. Power says Genesis, Hyundai, and Kia all offer Level 2 driving automation.

“It requires the driver to have [their] hands on the steering wheel but actively steers, accelerates, and brakes the vehicle when traveling on highways,” the company explained.

Ford can now also be officially counted as an automaker in the category because of the BlueCruise, a hands-free driving technology released in 2021 that will supposedly allow drivers to take their hands off the wheel on specific, approved divided highways in the U.S. and Canada. 

Both Ford and General Motors say their systems are a step above Tesla’s AutoPilot, which the company has repeatedly stressed is not a hands-free system. However, a number of Tesla accidents over the years have shown that some drivers have used it that way.

COVID-19 ‌tally‌ ‌as‌ ‌‌compiled‌‌ ‌by‌ ‌Johns‌ ‌Hopkins‌ ‌University.‌ ‌(Previous‌ ‌numbers‌ ‌in‌ ‌parentheses.)‌

Total‌ ‌U.S.‌ ‌confirmed‌ ‌cases:‌ 82,956,116 (82,731,284)

Total‌ ‌U.S.‌ ‌deaths:‌ 1,001,274 (1,000,207)

Total‌ ‌global‌ ‌cases:‌ 525,512,337 (524,794,769)

Total ‌global‌ ‌deaths:‌ 6,284,012 (6,281,631)‌

White House pushes for more COVID-19 funding

The Biden administration is increasingly putting pressure on Congress to provide more money to meet the challenges of dealing with COVID-19. But with the pandemic producing fewer deaths and hospitalizations, Congress has rejected requested appropriations so far.

White House COVID-19 coordinator Dr. Ashish Jha says Congress should think about the next vaccine that will be more effective against variants of the virus. Without a congressional appropriation, the government will not be able to make the next generation of vaccines available to every American.

"I want to make sure we have enough resources that we can buy enough vaccines for every American who wants one,” Jha said. “I think that is absolutely critical. We do not have the resources to do that right now.” 

FDA rejects antidepressant as COVID-19 treatment

The U.S. Food and Drug Administration (FDA) has denied a petition from a group of doctors that was seeking approval for the drug fluvoxamine as a treatment for COVID-19. The drug is an older, generic antidepressant that its advocates say reduces COVID-19 hospitalizations and deaths.

The FDA normally doesn’t explain its reasons for rejecting a drug, but it did in this case. The agency released a two-page summary that essentially stated that there wasn’t enough evidence that the drug is effective.

The doctors’ group that asked for approval submitted details of a 1,500-patient randomized, controlled trial in Brazil that found patients who received fluvoxamine early in the course of their disease were about a third less likely to need hospital care.

Study links COVID-19 to Parkinson’s disease risk

Researchers at Thomas Jefferson University have published a study using laboratory mice that suggests the virus that causes COVID-19 could increase the risk of brain degeneration seen in Parkinson’s disease.

“Parkinson’s is a rare disease that affects 2% of the population above 55 years, so the increase in risk is not necessarily a cause for panic,” said Richard Smeyne, the first author of the study. “But understanding how coronavirus impacts the brain can help us prepare for the long-term consequences of this pandemic.”

Previous research has found that viruses can make brain cells or neurons more susceptible to damage or death. In an earlier study, the researchers found that mice infected with the H1N1 strain of influenza, which was responsible for the 2009 flu pandemic, were more susceptible to MPTP, a toxin that is known to induce some of the characteristic features of Parkinson’s.

Around the nation

• Hawaii: The tiny state of Hawaii is suddenly reporting a huge number of COVID-19 cases. The Hawaii Department of Health reports that there have been 7,149 new coronavirus cases and 12 deaths in just the last week.

• Vermont: Even though cases of COVID-19 are rising in the state, as well as the rest of New England, Vermont officials discontinued daily updates to the state’s COVID-19 dashboard on Wednesday. Instead of daily updates, the health department is moving to a weekly surveillance report that will provide an overview of daily COVID-19 cases for the week.

• Virginia: New cases are on the rise across the state. For the first time since February, Virginia is averaging nearly 3,000 new coronavirus cases per day this week. One bright spot – fewer cases require a stay in the hospital, according to the Virginia Hospital and Healthcare Association.

• California: State health officials are increasing the number of “test-to-treat” sites in California. Residents can be tested for COVID-19 and, should the test indicate an infection, receive therapeutic treatment at these facilities. Officials say they plan to add 146 locations over the next two weeks.

• North Carolina: The NC COVID-19 Student Response Corps, which was established early in the pandemic, has begun its third year of providing internships at government agencies and non-profits. “The Response Corps offers a way for students and recent graduates from across our state to provide key support to government and nonprofits while gaining valuable experience to help launch their careers in public service,” said Gov. Roy Cooper. 

The Illinois Secretary of State has temporarily lifted Carvana’s dealer license that allows it to sell cars to consumers in the state. 

In a statement to Automotive News, Henry Haupt, an Illinois Secretary of State spokesman, said the company has been charged with failing to properly transfer titles for some of the vehicles it sold in Illinois. The Secretary of State’s Office opened an investigation in February based on nearly 90 complaints from Illinois consumers.

Carvana did not immediately respond to media requests for comment, but the issue has been reported in a number of consumer review forms, including ConsumerAffairs.

Biswadip, of Prospect Heights, Ill., said he received what was supposed to be his permanent license plate for the car he purchased from Carvana. However, he later learned that the license plate number is not the one that appears on the registration.

“I called Carvana several times to give me a temporary plate so that I can at least drive the car but did not get any resolution,” Biswadip told ConsumerAffairs. “It's already two weeks now and still I can not drive the car because of the plate. I have a little baby at home and without (a) car life is getting difficult.”

Problem not limited to Illinois

Consumers in other states have also reported registration issues after purchasing a vehicle from Carvana. Skye, of Topeka, Kan., told us that they purchased a car in January 2020.

“The registration department put the wrong odometer reading on the title paperwork as 62,000 miles when the vehicle had about 32,000 miles,” Skye wrote in a ConsumerAffairs review. “It took Carvana almost two months to make the correction and get me the paperwork back with a correction form. I submitted everything to the DMV and thought everything was handled properly.”

Apparently, everything was not resolved in the way they thought. Skye claims the company never connected the odometer correction with the VIN. This created a serious problem when Skye tried to sell the vehicle.

“While trying to trade or sell my vehicle, I am being accused of odometer rollback fraud due to their error and failure to correct it,” Skye told us. 

Similar complaints about Vroom

Carmax’s competitor Vroom has experienced similar issues. As we recently reported, Texas Attorney General Ken Paxton has sued that dealer in response to consumer complaints about lengthy delays in transferring titles.

In our reporting on that story, auto industry analyst Cliff Banks, the publisher of TheBanksReport.com, told us that Vroom and Carvana appear to be the only dealers that are producing complaints about delays in titling.

“I think it's due to them both (Vroom and Carvana) trying to grow quickly and not having the processes in place as they enter new markets to adequately provide the services required in a vehicle transaction,” Banks said.

Both companies have similar business models. Consumers choose a vehicle from online listings, and the cars are delivered to their homes. Both companies were highly popular during the first year of the pandemic.

After huddling with outside legal and financial advisors, Spirit Airlines announced that its Board of Directors has unanimously decided to reject a hostile takeover effort recently taken by JetBlue.

The directors believe the JetBlue deal would face substantial regulatory hurdles, especially while the Northeast Alliance ("NEA") with American Airlines hangs in the balance. In their estimation, the potential deal is not superior to the merger Spirit has already agreed to with Frontier.

Just in case Spirit stockholders were leaning towards supporting the deal with JetBlue, the Spirit Board has written them a letter asking them not to. Instead, they're urging shareholders to vote for the merger agreement with Frontier. 

“In that scenario, a $1.83 per share reverse break-up fee will not come close to adequately compensating Spirit stockholders for the significant business disruption Spirit will face during what JetBlue acknowledges will be a protracted regulatory process,” wrote Mac Gardner, Chairman of the Board of Directors for Spirit Airlines.

JetBlue responds

As much as it seems like some Spirit officials would like JetBlue to just go away, the company is not giving up on its merger goal.

“It’s no surprise that Spirit shareholders are getting more of the same from the Spirit Board. The Spirit Board, driven by serious conflicts of interest, continues to ignore the best interests of its shareholders by distorting the facts to distract from their flawed process and protect their inferior deal with Frontier,” JetBlue said in a statement.

JetBlue added that the merger deal between Spirit and Frontier is also far from a slam dunk when it comes to regulatory approval. 

"Both deals are subject to regulatory review, and both deals have a similar risk profile. Frontier offers less value, more risk, and no regulatory commitments, despite a similar regulatory profile," JetBlue said in its response.

"We are confident that as we continue to share the facts directly with Spirit shareholders, they will be even more perplexed than they already are about why the conflicted Spirit Board has refused to negotiate with us in good faith. We believe that the Spirit shareholders will make their views known by voting against the Frontier offer and tendering their shares into our offer."

A new study conducted by researchers from Thomas Jefferson University explored how COVID-19 may affect brain health long-term. According to the findings, the virus may increase the risk of developing Parkinson's disease. 

“Parkinson’s is a rare disease that affects 2% of the population above 55 years, so the increase in risk is not necessarily a cause in panic,” said researcher Richard Smeyne, Ph.D. “But understanding how coronavirus impacts the brain can help us prepare for the long-term consequences of the pandemic.” 

COVID-19 and brain health

The researchers conducted their study on mice that were injected with mild variants of COVID-19. About a month and a half after infection, a group of the mice was injected with a low dose of MPTP, a toxin that is closely associated with Parkinson’s. Two weeks later, the researchers analyzed the subjects' brains to understand how the virus and the MPTP affected their brain health. 

The study showed that the combination of the COVID-19 infection and the MPTP led to the loss of neurons, which is typically seen in patients who have Parkinson’s disease. While the virus alone wasn’t responsible for the loss of neurons, the combination of the two led the researchers to believe it could contribute to a higher risk of Parkinson’s. 

“We think about a ‘multi-hit’ hypothesis for Parkinson’s – the virus itself does not kill the neurons, but it does make them more susceptible to a ‘second hit,’ such as a toxin or bacteria or even an underlying genetic mutation,” said Dr. Smeyne. 

While the findings highlight connections between COVID-19 and Parkinson’s, the team believes that more work will be needed down the line to better understand this link. 

“First of all, this is preclinical work,” Dr. Smeyene said. “It is too soon to say whether we would see the same thing in humans, given that there seems to be a 5-10 year lag between any changes in clinical manifestation of Parkinson’s in humans. If it does turn out that COVID-19 increases the risk of Parkinson’s, it will be a major burden on our society and health care system. But we can anticipate that challenge by advancing our knowledge of potential ‘second hits’ and mitigating strategies.” 

A new study conducted by researchers from the American College of Cardiology explored the heart health benefits associated with time-restricted eating. According to their findings, older breast cancer survivors were likely to have a lower risk of cardiovascular disease when they followed a time-restricted eating plan. 

The researchers analyzed data from 22 people who had received chemotherapy within the last six years. All of the participants were overweight or obese at the start of the study, and the group was comprised of people who were 66 years old, on average. 

The participants followed a time-restricted eating plan for eight weeks. During weekdays and on weekends, they were able to eat anything they wanted between the hours of 12 p.m. and 8 p.m. For the rest of the time, they were limited to liquids, such as tea, black coffee, and water. The researchers used the Framingham Risk Score to analyze the participants’ heart disease risk over the next decade. 

Ultimately, the team learned that limiting food intake in this way was beneficial for long-term heart health outcomes. When the study began, the participants’ risk of cardiovascular disease was nearly 11%. By the end of the eight weeks, that risk had dropped to 8.6%. 

The study showed that nearly 70% of the participants (15 of 22) had a high risk for cardiovascular disease at the start of the trial. However, eight of those 15 participants had dropped to low risk on the Framingham scale by the end of the study. Being in the “low risk” category puts consumers at a nearly 40% lower risk of serious cardiovascular events. 

“This rigorously designed, well-executed single-arm feasibility study generates important hypotheses and questions about the role of time-restricted eating relevant to cancer survivors,” said researcher Dr. Bonnie Ky. “We look forward to seeing research using practical lifestyle interventions continue to evolve and advance to improve the lives of our patients and survivors.” 

WizWheelz of Grand Rapids, Mich., is recalling about 340 GreenSpeed Magnum and Magnum XL recumbent trikes with quick release front axles and replacement Quick Release Axles.

The front axles were improperly assembled during manufacturing and can come loose during use. This could cause a rider to lose control, posing crash and injury hazards.

No incidents or injuries have been reported.

This recall involves GreenSpeed Magnum and Magnum XL model recumbent trikes with Sturmey-Archer drum brake quick release front axles.

Magnum or Magnum XL are printed on the trikes. Sturmey-Archer is printed on the hub/wheel where the axle is attached. The recalled trikes are orange, blue, or charcoal in color with a black seat and three wheels.

Serial numbers P21276160 through P21460262, which are included in this recall, are printed on the left dropout, which is a slot in the rear of the bike where the rear wheel attaches.

Consumers may check their serial numbers here to see if they are affected by the recall.

The trikes, manufactured in Taiwan, were sold at bicycle stores nationwide from September 2021, through March 2022, for between $3,200 and $3,500. The replacement axles were sold between May 2021, through March 2022, for about $25.

What to do

Consumers should immediately stop using the recalled trikes and return them to the place of purchase for a free repair. The axles will be sent to GreenSpeed/WizWheelz for repair or replacement.

The firm is contacting all known purchasers about the recall.

Consumers may contact WizWheelz online, by phone at (800) 945-9910 from 8 a.m. to 5 p.m. (ET) Monday through Friday, or by email at support@wizwheelz.com for more recall information.

Mercedes-Benz USA (MBUSA) is recalling 292,287 of the following model year 2006-2012 ML-Class, GL-Class, and R-Class vehicles:

• 2007 AMG R63 
• 2007-2009 GL320
• 2010-2012 GL350 
• 2007-2012 GL450 
• 2008-2012 GL550
• 2007-2009 ML320
• 2006-2011 ML350
• 2010-2011 ML450 
• 2006-2007 ML500 
• 2008-2011 ML550
• 2007-2009 R320
• 2006-2007 R500
• 2007-2011 ML63
• 2006-2012 R350
• 2008 R550

Moisture may accumulate and cause corrosion in the brake booster housing unit, which can result in reduced brake performance or brake failure.

Reduced brake performance or brake failure can increase the risk of a crash.

What to do

Dealers will remove the rubber sleeve, inspect the brake booster, and -- as necessary -- replace the brake booster. All repairs will be performed free of charge. Owners are advised not to drive their vehicles until the remedy has been performed.

Owner notification letters are expected to be mailed on May 27, 2022.

Owners may contact MBUSA customer service at (800) 367-6372.

Ford Motor Company is recalling 23,165 model year 2020 Super Duty F-250, F-350, F-450, and F-550 trucks with 6.7L diesel engines.

A washer within the vehicle's transmission can disintegrate, causing metallic debris to become lodged in the 'Park' mechanism.

Debris lodged within the 'Park' mechanism may prevent the vehicle from achieving or holding 'Park,' increasing the risk of a vehicle rollaway and a crash.

What to do

Dealers will replace a gearset within the transmission free of charge.

Owner notification letters are expected to be mailed on May 30, 2022.

Owners may contact Ford customer service at (866) 436-7332. Ford's number for this recall is 22S22.

COVID-19 ‌tally‌ ‌as‌ ‌‌compiled‌‌ ‌by‌ ‌Johns‌ ‌Hopkins‌ ‌University.‌ ‌(Previous‌ ‌numbers‌ ‌in‌ ‌parentheses.)‌

Total‌ ‌U.S.‌ ‌confirmed‌ ‌cases:‌ 82,731,284 (82,619,858)

Total‌ ‌U.S.‌ ‌deaths:‌ 1,000,207 (999,852)

Total‌ ‌global‌ ‌cases:‌ 524,794,769 (522,165,282)

Total ‌global‌ ‌deaths:‌ 6,281,631 (6,267,509)‌

FDA approves booster shots for young children

The U.S. Food and Drug Administration (FDA) has amended the emergency use authorization (EUA) for the Pfizer-BioNTech COVID-19 vaccine. The change allows it to be used to administer a booster shot to children between the ages of five and 11.

“While it has largely been the case that COVID-19 tends to be less severe in children than adults, the Omicron wave has seen more kids getting sick with the disease and being hospitalized, and children may also experience long term effects, even following initially mild disease,” said FDA Commissioner Dr. Robert M. Califf.

Before getting a booster, children must have received the initial doses of the vaccine. Califf urged parents to get their eligible children vaccinated and boosted as a protection against what appears to be a building wave of new cases.

Flu shot may protect against COVID-19, study finds

If you got a flu shot in addition to your COVID-19 vaccination, you may have an extra layer of protection against the coronavirus. That’s the conclusion of researchers who published their findings in the journal Nature.

Scientists conducted a study of more than 30,000 health care workers in Qatar and found that those who got a flu shot were nearly 90% less likely to develop severe COVID-19 over the next few months when compared to those who didn’t get a flu shot.

Scientists believe the flu shots’ positive effect on the body’s immune system is what gives it the power to protect against the coronavirus. The findings could lead to a combined annual effort to encourage both vaccinations.

Terminated employee sues Mayo Clinic

A Mayo Clinic employee who was dismissed – along with 700 others – for not getting a COVID-19 vaccination has filed a lawsuit against the medical institution. The suit, filed by Shelley Kiel, claims unlawful termination and demands a jury trial.

Kiel and her unvaccinated colleagues were fired in January for failing to abide by the Mayo Clinic’s mandate that all employees be vaccinated against the virus. About 1% of all employees were dismissed over the issue.

The suit claims that the medical center did not use a case-by-case analysis or individualized interactive process to consider religious exemptions. The suit claims the terminations were unfair because they were predetermined.

Around the nation

• New York: Health officials have raised New York City’s COVID-19 threat level to “high” for the first time in weeks. Health officials say the strain is building on the health care system, so they are strongly recommending wearing masks in public indoor settings.

• Pennsylvania: Attorney General Josh Shapiro, the Democratic candidate for governor, tested positive for COVID-19 just hours before the primary election polls opened on Tuesday. A spokesperson for the campaign said Shapiro received his positive test result on Monday evening “after taking a precautionary test” ahead of a scheduled trip to Johnstown and Pittsburgh.

• South Carolina: Health officials in Charleston are expressing concerns about the rising number of new COVID-19 cases in the state’s largest city. It comes as the state health department reported nearly 5,600 new cases on May 17, an increase of 266% from a month earlier.

• Maryland: People in Montgomery County, a Washington, D.C. suburb, are being urged to wear masks again when they visit indoor public spaces. “Our current surge in cases is lasting longer than expected, which leaves more people at-risk of being exposed to COVID-19,” County Executive Marc Elrich said in a statement.

• Nevada: An investigative report by ProPublica claims that COVID-19 tests from a Chicago lab that were widely used across Nevada during the pandemic were flawed and often returned the wrong results. The report claims that the company used political connections to fast-track its state approval and sign testing agreements with five government entities in the state.

The infant formula shortage situation was a hot topic on Capitol Hill on Tuesday. One bill was introduced in the House that focused on suspending duties and other restrictions on the importation of infant formula. Another sought to improve the infant formula supply chain. 

One final bill was designed to make emergency supplemental appropriations of $28 million to address the shortage of infant formula. This last measure – H. R. 7790 – was introduced by Rosa DeLauro (D-Conn.), who framed the situation as urgent.

“Parents and caretakers across the country cannot wait — they need our support now,” she said. “While I welcome action from the FDA to address the infant formula shortage, I continue to echo my concerns about safety … we cannot make a false choice between safety and supply.”

DeLauro said any action that’s been taken so far is not enough to ensure that the formula the FDA imports is safe for consumers.

“Instead of purchasing formula from FDA-regulated facilities, the administration is opening the door to any company that self-identifies its formula as ‘safe’. That is unacceptable. Several babies have been hospitalized and at least two have died. We cannot put another child at risk,” DeLauro said.

On the Senate floor, a cadre of 30 Senate Democrats addressed the situation with the Infant Nutrition Council of America. The lawmakers wrote the trade group a letter to demand that its members take additional action. The group said the shortage has been “especially challenging for some of the most vulnerable infants, with particularly acute shortages of specialty formulas to address health needs such as allergies, gastrointestinal issues, or metabolic disorders.”

Scammers try to capitalize on shortage

Also in Washington, the Federal Trade Commission (FTC) went on record about its concerns that scammers are already exploiting the high demand for baby formula.

“They’re popping up online and tricking desperate parents and caregivers into paying steep prices for formula that never arrives,” the agency stated.

The FTC’s advises caregivers to be cautious when visiting websites or social media platforms that display product images and logos of well-known formula brands. Those pictures and brand names could be used to make you think that you’re buying products from an official company website even when you're not. 

Before ordering from an unfamiliar online store, the FTC suggests following this advice:

• Check out the company or product. The agency says consumers should search the internet by typing the name of a website or product in a search engine with terms like “review,” “complaint,” or “scam.” Using the power of search, consumers can see what other people are saying about the site or product. This could save someone from being scammed or, worse yet, making their child sick by giving them unauthorized formula.

• Consider how you pay. The FTC says to stick with credit cards when buying online because they often give you the strongest protections. This could allow consumers to get their money back if they ordered something but didn’t get it. “Anyone who demands payment by gift card, money transfer, or cryptocurrency is a scammer,” the FTC reminds consumers.

• Know your rights. When you shop online, sellers are supposed to ship your order within the time stated in their ads, or within 30 days if the ads don’t give a time. If a seller can’t ship within the promised time, it has to give you a revised shipping date and the option to either cancel your order for a full refund or accept the new shipping date.

• Search for local resources. Call your pediatrician to see if they have formula in stock because they often get samples of different formulas and may be able to help. If someone is a participant in the Women, Infants and Children (WIC) nutrition assistance program, they should contact their local office to find formula.

It may come as no surprise that scammers have discovered the growing infant formula shortage and are seeking to cash in.

The hook comes in the form of an ad or a post on social media that tells anxious parents that there are ample supplies of baby formula available for sale. Relieved, parents submit their orders and make a payment through a legitimate peer-to-peer payment platform.

They wait, but the formula never arrives.

Consumer advocates say these types of scams are particularly dangerous because the targets are already worried and upset. They may have gone from store to store without finding any formula. They’ve watched news reports that display the empty shelves.

According to the Better Business Bureau (BBB), complaints about infant formula scams are already rolling into the BBB Scam Tracker. As with most scams, there are ways to detect when the pitch is coming from a scammer.

If there is no physical address for the “company” making the offer, it’s likely a scam. If there is an address, consumers should conduct a Google Street View search of the address to make sure it’s not a vacant lot or a suburban home.

Read the copy carefully. If there are misspellings or improper grammar, that is usually a sign that the offer is not legitimate. 

Carefully check reviews

Consumers should also look for reviews of the “company” making the offer and check more than one source. Search the company's name followed by the word “scam” and see what pops up.

Credit cards often provide more protection against fraud than other payment methods. If the seller won’t accept a credit card, that’s yet another red flag.

Also, make sure you think before you click on an offer. Be especially cautious about email solicitations and online ads on social media sites. Parents should not let their anxiety about the shortage of infant formula lead them into becoming the victim of a scam.

Price gouging

While it’s not exactly a scam, some operators are seeking to cash in on the shortage by selling baby formula at huge mark-ups. Oregon Attorney General Ellen Rosenblum is seeking to implement provisions of a state law that would allow her to go after price-gougers.

“If Oregonians see significant price increases for baby formula, I encourage them to report it to my office immediately,” Rosenblum said. “Anyone who tries to take advantage of this shortage by gouging parents desperate to feed their babies is on notice.”

Oregon law authorizes the governor to declare an abnormal disruption of the market in response to “any emergency that prevents ready availability of essential consumer goods or services.” 

Rosenblum has requested the declaration, saying it will allow her office to take action against any business or online vendor that marks up the price of baby formula — an essential consumer product — by more than 15%.

With 4.1 million people graduating from college in 2022, there’s going to be a lot of activity on the job front. Many people may want to work for a bigger or more well-established company, while others may want to check out sectors with higher demand.

Either way, the Federal Trade Commission (FTC) says those who are on the hunt for their first post-college job should be careful because not every posting or job recruiter is legitimate. 

Learn how to spot the scams

The FTC warns graduates that they should do the following three things to protect themselves from employment scams:

Do an online search. Get online and look up the name of the company or the person who’s hiring you, plus the words “scam,” “review,” or “complaint.” You may be safe if those searches don't turn up anything sinister, but finding posts from others about being scammed should be a big red flag.

Talk to someone you trust. Describe the offer you received to friends, parents, and even friends of parents who might have some hiring experience and ask them what they think. You don’t want to be rushed into a decision.

Don't pay for the promise of a job. Legitimate employers – including the federal government – will never ask you to pay to get a job. Anyone who does is a scammer, plain and simple.

Promises made, promises kept?

There are also considerations job applicants should take into account when they’re offered a job – especially if there are verbal promises made that are not written down.

While oral employment contracts are enforceable, written agreements are much easier to enforce and not subject to certain limitations that are imposed on oral agreements. For example, written contracts have a four-year statute of limitations in California while oral contracts only have a two-year statute of limitations.

Then there’s something called the “statute of frauds,” which may kick in for certain oral agreements. 

“Many states also recognize that a verbal statement by an employer, such as ‘you'll be here as long as your sales are above budget,’ may create a binding contract of employment,” says FindLaw. "However, the enforceability of such verbal agreements is limited by the statute of frauds which provides that an oral agreement that cannot be carried out in less than one year is invalid."

Someone who is eager to begin their career may not want to push to get their job promises in writing, but it may be tough to prove that a promise was made in the long run if a problem arises down the road.

“Indeed, employees or job candidates should try to document important representations made to them in a follow-up letter, especially if the employer has not provided details in writing,” said Don D. Sessions, an employee rights attorney. “You should spell out in writing the representations made to you, and ask your employer to comply.”

The Commerce Department reported Tuesday that retail sales rose 0.9% in April, showing that consumers are still spending money in the face of higher inflation and rising interest rates. In fact, consumers have significantly increased spending since the start of 2022.

But beneath those robust numbers, a new survey finds growing consumer concern about their finances. A report by Northwestern Mutual found that over 60% of U.S. adults say the pandemic has been highly disruptive to the way they manage their finances.

Among respondents, a significant majority – 48% – say they have been able to adapt. However, 13% say they have struggled to do the same.

"This is an adaptation story – people have adjusted to the many ways the world has changed over the last two years and have emerged with some different financial priorities, habits, and points of view,” said Christian Mitchell, executive vice president & chief customer officer at Northwestern Mutual. “But progress doesn't always follow a straight line – there's been a little wobble in people's behaviors compared to last year."

Frugal habits seem to be sticking

In the first few months of the pandemic, consumers reported significant improvements to their financial well-being. In addition to government stimulus payments and enhanced unemployment benefits, consumers were closeted at home. Spending on dining, travel, and entertainment plummeted.

The bright spot in the survey shows that many consumers have maintained the more frugal financial habits they developed in the first few months of the pandemic. About 60% of respondents reported that they have been able to build up their personal savings over the last two years.

A large majority – 69% – are confident that they can maintain their new saving rate in the months and years ahead, even though overall savings have dropped 15% from last year.

"There could be several factors contributing to the drop in savings from last year ranging from spiking inflation to people spending more as they resume some sense of normalcy in their lives," said Mitchell. "But it bears watching because while people say they plan to continue saving at an elevated rate going forward, intentions don't always follow through to action."

Last month’s retail sales numbers may be an indication of that. While it’s good for the nation’s retailers, Federal Reserve policymakers are trying to bring inflation under control. They would prefer that consumers save more and spend less, at least until inflation subsides and supply chain issues are resolved.