Current Events in January 2023

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    Some negative effects of fiberglass in mattresses continue to be reported

    Consequences could lead to lawsuits on behalf of the affected consumers

    Are you sleeping on fiberglass? Probably. Many mattresses manufactured in the U.S. contain fiberglass because the material can hinder a fire from spreading.

    The issue arises when that fiberglass gets loose. Perhaps the more important question is, has any fiberglass in your mattress caused health or other problems?

    Some mattress manufacturers are being called into question, facing complaints about fiberglass coming out of some mattresses, releasing hazardous glass fibers, and because of those issues, are potentially facing legal claims.

    The manufacturers ConsumerAffairs found as having related fiberglass issues – specifically those that came about because consumers weren’t given adequate warning as to the dangers posed by removing the mattress cover – included Zinus and several other brands. 

    Bloody noses, rashes, and more

    In the case of Ashley Furniture, an incident reported with SaferProducts.com suggested that the outer cover had a zipper that allowed access, and there was a lack of adequate warning of the potential danger on the outer tag. Seeing the zipper, the customer believed the outer cover was removable. She then washed it and did not realize until later that fiberglass had spread through her home and children's s bedroom. 

    “Fiberglass on all of our clothing, couches, washer, dryer, carpet, it's everywhere,” the consumer complained. “My home insurance has denied my claim, so I'm having to pay everything out of pocket. My kids have been referred to see lung specialists and eye doctors since they have been in contact with the fibers since 2019. We itch constantly, eye irritation, bloody noses. Not to mention I'm pregnant and dealing with this 10 weeks from having my baby.”

    According to another report in the Los Angeles Times, a Zinus mattress leaked fiberglass inside the box, causing one family health issues such as skin and respiratory tract irritation and environmental contamination, not to mention incurring a cost of more than $20,000 to try and remediate the situation.

    Zinus told ConsumerAffairs that it believes there are “serious misperceptions” about the type of mattress materials it uses to both comply with fire regulations and protect the customer –  incorrect understandings that have been “subject to false and misleading advertising.” It also notes that none of its mattresses have been recalled, something that a search at the Consumer Product Safety Commission website confirms.

    “Zinus provides quality products to our customers, and we take all customer feedback very seriously. Please note that the type of material that we use is standard in the mattress industry. The Consumer Product Safety Commission has found that this type of material is ‘not considered hazardous’ and various regulatory agencies and authoritative scientific bodies have concluded that exposure to this type of material does not pose a risk of chronic health effects,” the company told ConsumerAffairs.

    “All Zinus product owners should refer to the FAQ page on our company website, which addresses many common questions, including proper care and handling of mattress covers.”

    Will this lead to a lawsuit investigation?

    Consumers who have experienced consequences related to fiberglass in mattresses may qualify to participate in a fiberglass mattress lawsuit investigation, according to TopClassActionLawsuits. When it comes to fiberglass exposure, similar health effects can reportedly include eye redness and irritation of the nose, throat, and stomach.

    ConsumerAffairs found no specific determination of what claimants could receive as compensation in this matter, but ClassAction.org reports that, if successful, a class action lawsuit related to the potentially harmful effects of fiberglass mattresses could provide consumers with money back for the costs associated with:

    • Cleanup and remediation

    • The replacement of contaminated items, including furniture, clothing, etc.

    • The loss of items deemed to be indispensable

    • Pet boarding services

    • Alternate housing (hotel stays, temporary apartment living, etc.)

    • Lost time at work

    • Emotional stress

    • Mental health services

    Are you sleeping on fiberglass? Probably. Many mattresses manufactured in the U.S. contain fiberglass because the material can hinder a fire from spreading...

    Here are five signs that you are being scammed

    A potential scam in Arizona had all five

    Scams occur every day and, while the circumstances may differ nearly all schemes have common threads that indicate you are about to be scammed. Recently, a retired couple in Scottsdale, Ariz., had a close encounter with a scam that displayed five red flags.

    According to KPNX-TV  in Phoenix, the retirees came very close to losing $3,000. They didn’t, thanks to an alert CVS employee.

    Asked to confirm a large order

    The couple’s ordeal began when they received a call from someone claiming they worked for Walmart. The caller asked them to confirm a $3,000 order.

    Naturally, the couple was shocked since they did not order anything that expensive from Walmart. The scammer now had their full attention.

    But one must ask – why would someone at Walmart question a purchase, just because of the amount? This telltale sign has appeared in other scams, including robocalls claiming to be from Amazon questioning a large order. This is the first sign that a scam is beginning.

    Connecting two unconnected entities

    What happened next with the Scottsdale couple is the second sign. The Walmart employee said he could connect the couple with the fraud department at their bank.

    Again, this is highly unusual. A legitimate employee might urge a potential victim to make that contact themself but would not personally intervene.

    In this particular case, suspicion should have been further aroused when the bank fraud department didn’t come on the line but rather someone claiming to be a Scottsdale police officer.

    Asked to help police solve a crime

    The fake police officer attempted to build credibility by giving a name and badge number, both fictitious. He then told the frightened couple that there was a criminal working at their bank that had sold their information to a scammer.

    The fake officer then told the couple he needed their help in catching the crook. But police departments never enlist the crime-fighting assistance of civilians. Red flag number three.

    The scammer stays on the line

    In the case of the Scottsdale couple, the scammer instructed them to go to their bank and withdraw $3,000 before their account was frozen. All that time, the scammer stayed on the line, even during the drive to the bank.

    That’s a common practice, especially during an elaborate scam. The scammer can’t risk breaking contact with the target. Not only could he lose them, but they might also have a chance to think more rationally if they called a friend or family member.

    Told to buy gift cards

    The Scottsdale couple was instructed to take the $3,000 in cash and purchase $3,000 worth of gift cards. When they questioned it, the fake police officer frightened them even more by saying the scammers knew their address and they would likely be robbed.

    Now completely scared, the couple went to a nearby CVS and began gathering up gift cards. They had the scammer on speaker and when an alert employee happened to walk by and heard the instructions, she knew immediately what was happening. 

    "She grabs the phone out of my hand and she says you are a scammer!" Francie Hidalgos told the station. 

    The couple said the CVS employee broke the scammer’s spell over them. Once the employee hung up on the scammer they said they realized that it was all an elaborate scheme.

    If people know the signs to look for, that realization comes a lot sooner. 

    Scams occur every day and, while the circumstances may differ nearly all schemes have common threads that indicate you are about to be scammed. Recently, a...

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      MoviePass is baaaaaack! The company is trying a new approach

      A new credit-based system is the M.O. this time around

      MoviePass has been on the mat more times than Rocky. But it says it’s back up again and hopes to have a plan to finally get solvent and make its subscription plan something that movie lovers will pay for.

      The company has officially opened up the revamped version of its new plan, allowing users to sign up the moment its service is launched for real.

      CEO Stacy Spikes hopes that customers will see the remodeled plan as more practical. However, how that sensibility will be achieved is still under wraps.

      "Since we're still Beta testing, our waitlist users are testing different pricing plans in various cities. Plans and pricing will normalize when we open to the general public,” the company said on its website.

      A “credit-based” system

      One might think that a movie theater subscription service doesn’t require a rocket scientist, but little that MoviePass has tried in the past had any real glue. In digging through all the ifs, ands or buts, ConsumerAffairs found that Moviepass’ plan is to now offer a tiered pricing plan built on the back of a credit-based system rather than a one-cost-fits-all approach.

      To start with, only standard 2D showings are available according to the MoviePass website – 3D and large screen formats are “coming soon.”

      As far as plans go, there are four: Basic (1-3 movies a month for $10), Standard (3-7 movies per month for $20), Premium (5-7 movies/mo. At $30/mo.), and Pro (30 movies/mo. For $40).

      Those monthly prices aren’t set in stone, though. The company says that while things are still in the beta phase, it’s testing different pricing plans in various cities. Plans and pricing will normalize when it opens to the general public.

      What might take a rocket scientist to figure out is that the number of credits required to see a specific movie depends on factors like how much value the movie has, the city where it’s playing, and the times it’s showing.

      As an example, SlashFilm’s credit-crunchers said that the number of credits it costs to see a flick like "Ant-Man and the Wasp: Quantumania" the weekend it opens will be a night-and-day difference from seeing "80 for Brady" on a weekday afternoon in the Midwest.

      “The good news is that unused credits will roll over each month, and can accumulate to double the monthly allotted amount. So, under the Basic plan, you would be allowed to accumulate as many as 68 credits at one time with the rollover,” SlashFilm’s Ryan Scott said. “So, unused credits do not go to waste. On the surface, this seems like a flexible plan with more options to suit different sorts of moviegoers.”

      You need to sign up now if you’re interested 

      Once the waitlist is closed – and that will come either on January 31 or when the waitlist is “full” – the company said that access to the MoviePass app is anticipated to resume in late Spring or early Summer 2023. 

      All who join the waitlist will receive priority access to the service and 10 friend invites when they subscribe to MoviePass. Space is limited. Once the waitlist is closed the only way to join will be through an invite from a friend.

      MoviePass has been on the mat more times than Rocky. But it says it’s back up again and hopes to have a plan to finally get solvent and make its subscripti...

      What's your favorite gas station? A new survey suggests it's more than a place to buy fuel

      Which is more important to you – price or service?

      In the typical consumer’s world, most don’t think twice about gas stations and convenience stores that sell fuel being one of their cornerstones. But the number of places where Americans gas up is quadruple the number of supermarkets and more than triple the number of drug stores. 

      Gas stations are completely different businesses than they were 50 years ago, when customers expected an attendant to check the oil and clean the windshield. Today, these businesses have become so integrated into a consumer’s life that they have proven to be more than just a gas station, but a one-stop, grab-and-go staple.

      And Americans have their faves when it comes to these stops, too, as PaylessPower recently found it. In a survey of 1,011 Americans' opinions of 25 different brands, researchers found what’s driving this phenomenon and how faithful consumers are to their favorite fuel stops. 

      The “premium grade” vs. the oil slicks

      Coming in as the favorite choice to gas up was Costco. Sure, it may require a membership, but paying that doesn’t seem to make a difference.

      “With locations in almost every state, Costco offers familiarity and consistency, not to mention the convenience of getting your groceries, furniture, and gas all in one place,” the researchers said. 

      In the second through fifth places are Buc-ee’s, Sam’s Club, Wawa and Sheetz. The overall worst rated were Valero, Sunoco, Texaco, Phillips 66, and Citco – mostly stops where the winners outshine those locations when it comes to all the bells and whistles a convenience store concept can pile on.

      Costco also won the price segment as the “cheapest” putting Shell to shame as the “most expensive.” 

      The survey found that while price is important, it’s not everything. Only 16% of respondents chose their gas station based on the price and said that they are willing to spend money if they’re happy with the experience. Case in point, Wawa, which pulls the most money out of a consumer’s pocket per visit at $84.66.

      “Steadfast station supporters will drive significantly out of their way to patronize their preferred station and happily part with a considerable amount of money once there,” the analysts wrote.

      As far as loyalty goes for gas station customers who frequent their favorite station at least twice weekly to fill their tank or pop in for a snack, the analysts found Gulf fans to be the most loyal, visiting three times per week on average. Gulf customers were also the most consistent, with 73% of them always choosing Gulf over others.

      Cleanliness and customer service are king

      When it comes to having the “cleanest” perception in a consumer’s mind, Costco takes the top spot there, too, followed by Sam’s Club. But if you want to take those two out of the mix because they’re membership-driven, then it’s Buc-ee’s, Wawa, and Sheetz. 

      As far as customer service goes, the survey respondents considered Buc-ee’s to be the “nicest.” Costco, Wawa, and Sam’s also did well in that segment, but it was also a category where one of the smaller competitors – Casey’s – shone with 82% of those surveyed saying it was the nicest. 

      The analysts said that in the final analysis, Valero was voted in as the “meanest.”

      In the typical consumer’s world, most don’t think twice about gas stations and convenience stores that sell fuel being one of their cornerstones. But the n...

      Buying a used Kia or Hyundai? You might have trouble getting insurance

      Two carriers have reportedly dropped some models because they’re too easy to steal

      Used car shoppers need to keep several factors in mind as they make a decision – things like maintenance costs and insurance. In the case of certain Kia and Hyundai models, you may need to consider whether you can even get insurance.

      CNN has reported that both State Farm and Progressive have quietly decided they will no longer issue policies for some 2015 through 2019 Kia and Hyundai models. The reason? They’re too easy to steal.

      As we reported in August, thefts of Kias and Hyundais – they’re made by the same company – surged in the wake of a viral TikTok video showing how to easily steal the cars with only a screwdriver and a USB cable.

      The following month, the Insurance Institute for Highway Safety (IIHS) explained why it was so easy. According to IIHS, many 2015-19 Hyundai and Kia vehicles lack electronic immobilizers that prevent thieves from simply breaking in and bypassing the ignition. The feature is standard equipment on nearly all vehicles of that vintage made by other manufacturers.

      Highway Loss Data Institute (HLDI) Senior Vice President Matt Moore said at the time that the lack of an immobilizer makes any vehicle a tempting target.

      An effective deterrent

      “Our earlier studies show that vehicle theft losses plunged after immobilizers were introduced,” Moore said. “Unfortunately, Hyundai and Kia have lagged behind other automakers in making them standard equipment.”

      Immobilizers were already standard on 62% of models from other manufacturers in the model year 2000. But even in the model year 2015, when immobilizers were standard on 96% of other manufacturers’ vehicles, they were standard on only 26% of Hyundai and Kia vehicle models.

      How do immobilizers work? According to cybersecurity firm Kaspersky, it’s a simple electronic system consisting of two parts –  a transponder in the ignition key and a receiver in the car itself.

      “When someone attempts to start the engine, the vehicle sends a request to the key,” the company explains. “If the key returns the correct predefined signal, the immobilizer sends a command to the engine control unit to start. Without the right signal, you can’t start the car.”

      Progressive and State Farm are not exactly boasting about their new policy and have not responded to queries from other media outlets. But in a statement to CNN, State Farm confirmed it is not writing new policies on the affected models, at least temporarily. Progressive said has changed the criteria for some models and raised premiums for others.

      According to the New York Post, Kia and Hyundai vehicle thefts are up as much as 300% over the past two years in some cities.

      Used car shoppers need to keep several factors in mind as they make a decision – things like maintenance costs and insurance. In the case of certain Kia an...

      Are you addicted to high-calorie food?

      One in eight Americans over 50 are, study claims

      If you’re over 50 and struggling to maintain a healthy weight, a new study suggests an unhealthy relationship with certain food could be a contributing factor.

      Researchers at the University of Michigan (UM) found that 13% of people aged 50 to 80 showed signs of addiction to high-calorie foods and beverages in the last 12 months. The data were gathered by the National Poll on Healthy Aging. 

      The researchers found that women struggle with food addiction more than men. The percentage was highest among women in their 50s and early 60s. It was also higher in older adults who say they are overweight, lonely, or in fair or poor physical or mental health.

      The pollsters, supported by UM Medicine and AARP, asked 13 questions to measure whether, and how often older adults experienced the signs of addiction. In terms of food, the questions asked about the consumption of highly processed foods such as sweets, salty snacks, sugary drinks, and fast food. 

      But is it really an addiction?

      Is “addiction” too strong of a word? The researchers set some pretty high parameters. They focused on subjects’ intense cravings, an inability to cut down on intake, and signs of withdrawal.

      “The word addiction may seem strong when it comes to food, but research has shown that our brains respond as strongly to highly processed foods, especially those highest in sugar, simple starches, and fat, as they do to tobacco, alcohol and other addictive substances,” said U-M psychologist Dr. Ashley Gearhardt. “Just as with smoking or drinking, we need to identify and reach out to those who have entered unhealthy patterns of use and support them in developing a healthier relationship with food.”

      In order to be classified as addicted to highly processed food, subjects had to report experiencing at least two of 11 symptoms of addiction when it comes to processed food. By these criteria, addiction to highly processed foods was seen in:

      The results

      • 17% of adults aged 50 to 64, and 8% of adults aged 65-80

      • 22% of women aged 50 to 64 and 18% of women aged 50 to 80

      • 32% of women who say their physical health is fair or poor, and 14% of men who say the same – more than twice as high as the percentages among those who say their physical health is excellent, very good or good

      • 45% of women who say their mental health is fair or poor, and 23% of men who say the same – three times as high as the percentages among those who say their mental health is excellent, very good or good

      • 17% of men who self-report they are overweight, compared with 1% of men who indicate they’re around the right weight

      • 34% of women who self-report they are overweight, compared with 4% who indicate they’re around the right weight

      • 51% of women who say they often feel isolated from others, and 26% of men who say the same – compared with 8% of women

      The most commonly reported symptom of addiction to highly processed foods was intense cravings, on the magnitude of smokers and those addicted to alcohol. Gephardt says questions about food cravings should become part of regular health screening at doctors’ offices.

      If you’re over 50 and struggling to maintain a healthy weight, a new study suggests an unhealthy relationship with certain food could be a contributing fac...

      FCC targets real estate firm it says is running a robocall campaign

      In the past the company has vigorously defended its business practices

      The Federal Communications Commission (FCC) has been quiet lately, but it’s a new year and the agency’s Robocall Response Team is taking off its gloves again.

      After receiving nearly 1,500 unwanted call complaints related to mortgages from consumers in 2022, the agency has announced actions to shut down what it calls a homeowner-focused robocall scam campaign involving Florida-based real estate brokerage firm MV Realty.  

      The FCC’s Enforcement Bureau has demanded telecommunications companies "do whatever is necessary" to put a stop to suspected illegal traffic from dialing platform PhoneBurner and voice service provider Twilio that it feels is allowing illegal robocall traffic from MV Realty to get through to targeted consumers.  

      State attorneys general are stepping up to add some muscle to the FCC’s efforts, too. In Pennsylvania, Florida, and Massachusetts, state AGs recently filed lawsuits alleging that MV Realty misled consumers specifically about the terms of the company’s so-called Homeowner Benefit Program, and that the company went even further by obtaining mortgages on consumers’ homes without their knowledge. 

      Florida Attorney General Ashley Moody laid out the case against MV Realty. 

      "The defendants offer homeowners $300 to $5,000 as a cash loan alternative in exchange for an agreement to use the company as an exclusive listing broker," Moody said.

      "However, after accepting the payment, homeowners discover that MV Realty files a 40-year lien on the property that requires paying 3% of the value of the home to MV Realty, regardless of whether the company ever provides any real estate listing services.

      ConsumerAffairs reached out to MV Realty for comment but did not immediately receive a response. However, on the Better Business Bureau website, the company has defended itself against most complaints.

      When one homeowner complained that the company placed a lien on his property, the company said it did no such thing.

      "I want to make clear, MV Realty does not put a lien on your home," the company wrote. "We file a memorandum. The purpose of the memorandum is to serve public notice of the homeowner's obligations under the *** agreement. The only time a lien is placed on a home is if the homeowner has violated the contract and has listed the home with another realty company instead of giving MV Realty the first opportunity to sell the home. This was made clear in your agreement signed and notarized, as well as the leave behind signed and left with you."

      In a November 2022 statement to the media, MV Realty denied that it cold-called prospects.

      Do you know what a mortgage relief scam looks like?

      Meanwhile, the Federal Trade Commission (FTC) is warning distressed homeowners to be mindful of warning signs of a mortgage relief scam. The two most common are if a scammer demands payment upfront before the consumer gets any services. That’s illegal — and a warning sign to avoid them, the agency said.

      The other money-oriented telltale sign is if someone demands that they be paid only by cashier’s check, wire transfer, or a mobile payment app. Scammers like victims to pay this way because it’s hard for them to get their money back.

      Another “poof, it’s gone” angle is if a scammer tries to convince a person to transfer the deed to their home to the scammer. Again, once that’s done, you can kiss that ownership goodbye, too. 

      Consumers may be getting tired of hearing this, but the FCC took extra time in its announcement to advise consumers who receive unwanted or suspicious calls to be careful and do these eight things:

      1. Don’t answer calls from unknown numbers;

      2. Be aware that spoofing can make scam calls appear to be local and/or from a trusted institution;

      3. Don’t provide any personal or financial information – including mortgage or home ownership information – to unknown callers;

      4. Remember that legitimate callers will generally not use pressure tactics or demand immediate payment;

      5. Only contact your bank or financial institution using their legitimate contact info from their website or a bill rather than trusting that the unknown caller is calling from that institution;

      6. Talk to friends and family who might be targeted so they understand how to protect themselves from scam robocallers;

      7. File a complaint with the FCC at www.fcc.gov/complaints; and

      8. Contact law enforcement if you have been the victim of a scam.

      UPDATE: In an email to ConsumerAffairs, Twilio confirmed that it has blocked the accounts in question -- PhoneBurner and MV Realty -- from its network indefinitely. 

      The Federal Communications Commission (FCC) has been quiet lately, but it’s a new year and the agency’s Robocall Response Team is taking off its gloves aga...

      Here are four cities where Goldman Sachs says the housing market could ‘crash’

      But the investment bank says most U.S. markets will experience only a mild correction

      After mortgage interest rates more than doubled last year, some people predicted a housing market “crash.” In fact, a ConsumerAffairs study in August found a significant number of people not only predicted a crash, but hoped for one so they could afford to buy a home.

      For those folks, there’s good news and bad news. The bad news is that a market crash, like the one at the beginning of the financial crisis, is unlikely. But if you have your sights set on four particular markets, you just might get your wish.

      In a note to investors, obtained by the New York Post, analysts at Goldman Sachs predicted four U.S. housing markets could experience a crash similar to the one that sent home values plunging in 2008.

      The investment bank singled out San Jose, Austin, Phoenix and San Diego as the markets where home values could drop more than 25%. In the 2008 crash, average home values in the U.S. fell by 27%.

      “Our 2023 revised forecast primarily reflects our view that interest rates will remain at elevated levels longer than currently priced in, with 10-year Treasury yields peaking in 2023 Q3,” the analysts wrote. “As a result, we are raising our forecast for the 30-year fixed mortgage rate to 6.5% for year-end 2023, representing a 30 basis point increase from our prior expectation.” 

      A common factor

      The four markets all have one thing in common. They are already among the most expensive in the nation. In fact, San Jose is number one. So while prices may plunge from their record highs, that doesn’t exactly make them affordable for the average buyer.

      When we recently polled real estate experts about the status of once-hot markets, the results were mixed. Ari Rastegar, the CEO of the Rastegar Property Company, told us Austin may have cooled but is still pretty hot. But Jasen Edwards, chair of the Agent Editorial Board, says he has seen some sharp declines. 

      “The median home price in Austin has dropped by 3.7% but still reached a new all-time high of $503,000 in December 2022,” Edwards told ConsumerAffairs. “Austin home sales have declined 18.3% compared to the same period last year.”

      As for the national real estate market, Golden Sachs analysts see only a mild correction. 

      “This [national] decline should be small enough as to avoid broad mortgage credit stress, with a sharp increase in foreclosures nationwide seeming unlikely,” the analysts wrote. 

      After mortgage interest rates more than doubled last year, some people predicted a housing market “crash.” In fact, a ConsumerAffairs study in August found...

      FDA tells baby food makers to ‘get the lead out’

      The agency floats a plan to reduce lead content in food for infants

      Baby food manufacturers obviously put a lot of emphasis on the healthy and nutritious aspects of their products. But what about harmful ingredients?

      The U.S. Food and Drug Administration (FDA) has taken steps to rid baby food products of dangerous levels of lead. That’s right, lead.

      “For more than 30 years, the FDA has been working to reduce exposure to lead, and other environmental contaminants, from foods,” said FDA Commissioner Dr. Robert M. Califf. “This work has resulted in a dramatic decline in lead exposure from foods since the mid-1980s.”

      The FDA has announced new guidance for the industry to reduce exposure to lead in food marketed for babies under the age of two. The draft guidance is aimed at significantly reducing lead content. 

      Califf says the action will result in setting the bar for lead exposure “closer to zero.” He says manufacturers have embraced the new standards.

      27% reduction

      “For babies and young children who eat the foods covered in today’s draft guidance, the FDA estimates that these action levels could result in as much as a 24% to 27% reduction in exposure to lead from these foods,” Califf said.

      “That’s great,” said U.S. PIRG Education Fund Consumer Watchdog Teresa Murray. “But given everything physicians and scientists know about the irreversible damage caused when young children are exposed to toxic metals, why wasn’t this a priority long ago? And why did it take a kick in the pants from Congress?”

      Murray notes that the FDA’s “closer to zero” plan was released a month after a House subcommittee released a report that showed that four of the seven largest baby food manufacturers had been selling baby food with potentially dangerous levels of toxic heavy metals. 

      “The FDA estimates its new lead limits could reduce exposure to lead from these foods by 24% to 27%. Over what period of time?” Murray asked. “Babies don’t have time. Those of us with children know they grow up fast. The FDA should adopt and enforce the new limits as soon as possible.”

      Food that’s covered by the guidance

      Food covered in the FDA’s draft guidance includes processed foods, such as food packaged in jars, pouches, tubs and boxes and intended for babies and young children less than two years old. 

      Under the guidance, lead would be limited to 10 parts per billion (ppb) for fruits, vegetables, mixtures, yogurts and custards/puddings and single-ingredient meats. Limits would be higher for vegetables and dry cereals.

      Consumers may be surprised to learn that other manufactured food contain lead and other heavy metals. In December researchers at Consumer Reports (CR) reported finding cadmium and lead, two heavy metals, in the dark chocolate bars they tested. 

      Consuming just small amounts of those metals on a regular basis could lead to health problems in both children and adults,” researchers said.

      Baby food manufacturers obviously put a lot of emphasis on the healthy and nutritious aspects of their products. But what about harmful ingredients?The...

      Travel insurance is growing in popularity among consumers in 2023, survey finds

      The trend has increased as travel has become more chaotic

      While many consumers may be looking to get away in 2023, a new survey revealed that doing so may come with an additional purchase: travel insurance

      According to a new study conducted by VisitorsCoverage, a travel insurance company, nearly 80% of travelers are more likely to protect their trip with travel insurance this year than in previous years. It may not be that surprising, considering how chaotic air travel has become.

      “Travelers are now more aware of unforeseen circumstances that can affect their travel plans, and they are eager to take precautions to protect their environment,” said Rajeev Shrivastava, VisitorsCoverage CEO. 

      Better safe than sorry

      The survey included responses from over 1,000 adults across the country who reported traveling more than twice a year. They answered questions about their top travel concerns in 2023, their travel ideas and plans for the year, how they plan on traveling, and more. 

      First and foremost, protecting a trip with travel insurance was a popular topic among survey respondents. Nearly 80% said that they’d be more likely to buy travel insurance this year than in previous years – a figure that is up 50% from years past. This highlights the fact that regular travelers are thinking differently about their travel plans in general. 

      While the number one travel concern for the year was inflation and the rising costs associated with traveling, concerns about safety, weather, and delays were also prevalent. Fifteen percent of respondents are worried about both inclement weather and the risk of illness, while over 20% are concerned about flight delays, and 16% cited the fear of the unknown as one of their concerns. 

      Consumers are ready to travel

      Despite these concerns, consumers have plans to travel in 2023 – and no destination is off limits. Overall, nearly 90% of participants reported that their 2023 travel plans will be for leisure.  

      Nearly 45% of participants said they’ll be taking more than five trips this year, and nearly 45% said they’ll be taking three or four trips this year. Seventy percent of respondents plan to travel both within the United States and abroad, with Europe being the most favored international locale. 

      For those who may be looking for inspiration for their next getaway, the majority of the participants turn to their trusted friends and family or social media. So, if you’re thinking about your next vacation, consider asking those closest to you or those you interact with online. 

      While many consumers may be looking to get away in 2023, a new survey revealed that doing so may come with an additional purchase: travel insurance. Ac...

      Buying a new car? Your timing is excellent say automotive experts

      But be careful – rising interest rates could make the monthly payment higher than usual

      If you’ve been considering the purchase a vehicle, but waiting on prices to come down, your patience is starting to pay off.

      Used car prices fell 5% over the last two months bringing the average used car price down more than $1,000 in December, the first substantial drop in more than two years. Tesla’s been getting rid of its Model 3 vehicles at prices 17% lower than they were in September, too. 

      “We’re still a long way from ‘normal’ but there are clear signs the elevated prices of the past two-plus years are coming to an end,” said Karl Brauer, executive analyst at iSeeCars.com. “It was easy to predict, given the macroeconomic factors we’ve seen over the past six months. With everything from inflation to interest rates hitting peak numbers, there was no way the upward pressure on car values could continue. The next big question is: how far and how fast will car prices fall?”

      Who’s got the most affordable cars?

      Over at Cars.com, its analysts decided to see how much the major automakers are taking the consumer’s quest for affordability to heart. What they found is that the car-buying market is chock full of cost-conscious consumers ready to buy.

      Cars.com’s first-ever Affordability Report suggests that Kia, Chevy, and Ford offer the most affordable new cars for 2023, with Chevy leading the pack when it comes to trade-in value. Chevy was also recently found to be a brand that provides the best value

      Competitive Category

      Median Category Price 

      BEST VALUE

      Model/Trim

      Median Price

      Small Car

      $25,745

      2023 Kia Rio S with Technology Package

      $20,240

      Small SUV

      $34,195

      2023 Chevy Trailblazer LS with Driver Confidence Package 

      $23,440

      Small Pickup Truck

      $43,070

      2023 Ford Maverick XL with Co-Pilot 360 Package 

      $26,660

      EV/Plug-in Hybrid

      $59,670

      2023 Chevy Bolt EV 1LT with Driver Confidence Package

      $28,330

      What things should consumers concern themselves with?

      ConsumerAffairs spoke with Jane Ulitskaya, Cars.com's editor to find out what things consumers need to focus on when they’re on their car shopping journey. Her bottom line? Budget, current interest rates, warranty options, and whether you have a car you are trading in. 

      “Take a hard look at your budget and compare how different vehicles you’re considering would impact your monthly budget, Ulitskaya said.

      “Shoppers need also to consider how much money they want to put down and how long they will need to save for the down payment. According to a recent survey from Cars.com, two-thirds of new and used shoppers aim to save between three and 12 months for a vehicle and plan to save 10-\% to 25% of the final price before purchasing.”

      Interest rates are a factor

      Ulitskaya emphasized that consumers should spend some serious time thinking about interest rates, simply because they’ve jumped so much in the last year and the run-off of that is that a buyer could be looking at a higher monthly payment and pay more over the course of the auto loan. 

      Maintenance is another factor, but one that’s a softer concern for new cars than it is for used ones. Ulitskaya said there are three automakers who have gone all-out to beat the competition in the warranty arena: Hyundai, Genesis, and Kia which all offer 10-year powertrain and 5-year or 60,000 miles bumper-to-bumper warranties, much longer than those of other brands. 

      As far as trading in a car, Ulitskaya suggests shopping around with various dealers and getting offers in writing. “What most shoppers don’t think about is that you don’t have to sell to the same dealership you are buying your next car,” she said, noting that a brand dealership may be willing to pay more to keep the vehicle in the “family.”

      If you’ve been considering the purchase a vehicle, but waiting on prices to come down, your patience is starting to pay off.Used car prices fell 5% ove...

      A new lawsuit claims one of the biggest liquor brands in the U.S. is misleading the public

      What's in a malt-based alternative might be confusing to consumers

      One of the world’s largest liquor companies is facing a new lawsuit claiming that a version of its biggest-selling product is being offered to consumers pretending to have alcohol when it actually doesn’t.

      The lawsuit alleges that Sazerac – makers of spirits favorites like Pappy Van Winkle and Buffalo Trace – is committing fraud by marketing similar-looking mini bottles of malt-based “Fireball Cinnamon” in supermarkets and conveniences stores in an attempt to make “Fireball Cinnamon Whisky” lovers think they’re getting the same alcohol-based version they buy at liquor stores. And at $.99 a pop, Fireball has done so well, it’s reportedly become Sazerac’s biggest-selling product by volume and revenue.

      "People associate the Fireball Cinnamon with whisky… by selling [a] Fireball Cinnamon product that is a malt-based beverage with a drop of whiskey flavor, that's deceptive," Spencer Sheehan, a lawyer with Sheehan & Associates, P.C, the firm handling the case, told FOX Business. 

      When is an “alcoholic beverage” an actual alcoholic beverage?

      If intentional, creating marketing confusion is a crafty move hoisted on consumers who don’t think twice about reading the ingredients or asking why they can buy “alcoholic beverages” in places where those products shouldn’t be legally available in, like a gas station. 

      However, there’s gold in those added distribution points and companies are incubating a bumper crop of brand and malt-based marriages to try and get brand variations past states’ restrictions on retailing liquor. 

      As with shrinkflation that consumers are facing these days, you have to pick up a product and take a hard look at the label because in those details is where the devil is.

      To start with, the difference between the two Fireballs can be found in the ABV (alcohol by volume). The original weighs in at 66 proof (33% alcohol), and its offspring at 33 proof (16.5% alcohol).

      Sticking with the labeling issue, the lawsuit further argues that the “non-whisky” bottles appear identical but for the word “Whisky” on the front label, “which most purchasers seeking alcohol will not even detect,” the plaintiffs allege. Then, there’s the small print on the label that says it has “natural whisky and other flavors and caramel color.”

      It’s evident that attorneys suing Sazarec are looking at this situation from the consumer’s point of view. They claim that using the words “With Natural Whisky & Other Flavors” is a clever way of pitching the product because if a consumer goes to the trouble to try and decipher how “Natural Whisky” is distinct from “Other Flavors,” they will think Fireball Cinnamon is a malt beverage with added natural whisky and other flavors.

      “What the label means to say is that the Product contains ‘Natural Whisky Flavors & Other Flavors,’ but by not including the word ‘Flavors’ after ‘Natural Whisky,’ purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient,” the suit charges.

      One of the world’s largest liquor companies is facing a new lawsuit claiming that a version of its biggest-selling product is being offered to consumers pr...

      The clock is ticking on a Social Security fix

      If Congress fails to act, benefits will be slashed in 12 years

      If you are in your 40s or 50s and looking forward to retiring in a few years and drawing Social Security, there’s something you should know. Unless Congress acts to add to the Social Security trust fund, benefits will be slashed by 25% or more as early as 2035.

      Estimates vary but at its current pace, the Social Security trust fund will run short of money at some point in the early 2030s. According to the Social Security Administration (SSA), the Social Security Board of Trustees projects program costs to rise by 2035 to the point that taxes will be enough to pay for only 75% of projected benefits.

      If Congress doesn’t address the issue before then – which would almost certainly require some type of tax increase – benefits for everyone receiving Social Security would be cut, probably by at least 25%.

      “This increase in cost results from population aging, not because we are living longer, but because birth rates dropped from three to two children per woman,” SSA explains on its website. “Importantly, this shortfall is basically stable after 2035; adjustments to taxes or benefits that offset the effects of the lower birth rate may restore solvency for the Social Security program on a sustainable basis for the foreseeable future.”

      That’s reassuring for many people, but it depends on lawmakers in both parties coming to some kind of agreement. In this hyper-partisan atmosphere, how likely is that?

      ‘No choice’

      “My political calculus tells me that Congress has no choice but to enact the necessary provisions to increase the trust,” Terrell Finner, director of fundraising at Sole Strategies, a political action group, told ConsumerAffairs. “A reduction in Social Security benefits would burden our most vulnerable citizens and send the economy into a downward tailspin.”

      In fact, there is evidence that some key members of Congress have quietly begun work on finding a solution. President Biden has also backed proposals to raise revenue by making more of taxpayers’ income subject to the FICA tax, which supports Social Security and Medicare.

      Currently, the government stops taking out the FICA tax after a wage-earner has earned $162,000 in one year. Biden has proposed expanding that to $400,000. Treasury Secretary Janet Yellen has said she supports increasing revenue for Social Security but believes cuts in entitlements will also be part of the formula.

      According to The Hill, Sen. Bill Cassidy (R-La.) and Angus King (I-Maine) are trying to craft a compromise that could win votes from both sides of the aisle in a narrowly-divided Congress. One of the proposals reportedly includes establishing an investment fund to contribute to the trust fund.

      It’s been done before

      As recently as 1982 Republicans and Democrats successfully worked together on a compromise to shore up the retirement fund. In 1983 President Reagan signed legislation that increased the Social Security and Medicare tax rate while also delaying when annual cost of living adjustments (COLA) kicked in.

      So it’s possible that over the next decade, Congress can find a way to maintain Social Security in its present form. As a hedge, Finner suggests people approaching retirement maximize their savings.

      “It could take months or years to come to an agreement on Capitol Hill,” Dinner said. “I would highly advise folks in their 50s should start taking precautions to position themselves to holdover in the face of a potential fallout over a limited benefit.”

      Finner says socking away as little as 3% of their current income each year could guarantee financial safety “in the unlikely event of a cliff.”

      If you are in your 40s or 50s and looking forward to retiring in a few years and drawing Social Security, there’s something you should know. Unless Congres...

      Yahoo! leads Top 10 list of most phished brands

      “Shh, don’t tell a soul about this” is the new wrinkle

      The next time something shows up in your email inbox that claims to be from Yahoo!, DHL, Microsoft, Google, or LinkedIn, resist clicking on it. In Check Point Research’s (CPR) latest Brand Phishing Report, those five brands are the ones most frequently imitated by criminals during the last quarter. 

      Yahoo became the top brand impersonated in phishing attacks, climbing 23 spots and accounting for 20% of all brand phishing attempts. DHL – which got looped into phishing hell in a “BHL” impersonation scheme – suffered 16% of the attempts. 

      Rounding out the Top 10 were Wetransfer (5.3%), Netflix (4.4%), FedEx (2.5%), HSBC (2.3%), and WhatsApp (2.2%).

      Guess what – you’ve just won!

      CPR said the attacks are pretty much the same lure – emails with subject lines that suggest a recipient has won awards and prize money. In Yahoo!’s case, CPR found the predominant subject line was “YAHOO AWARD” which was sent by senders with names such as “Award Promotion”, “Award Center”, “info winning” or “Award Winning”.

      For most people, seeing an email that says they’ve “won” prize money up into the hundreds of thousands of dollars is hard not to give at least some time to. But, the con unfolds very quickly – asking the recipients to send their personal and bank details, claiming this information was necessary to transfer the winning prize money to their account. 

      Most of that is same-old-song stuff, but the analysts said that these emails also contained a warning that the recipient – er, victim – must not tell people about winning the prize, because of legal issues. In other words, the scammers are worried that if the victim tells someone about this, that someone might hit ‘em over the head with a big dose of what’s really going on and the victim will stop, and the scammer will walk away with nothing.

      The Instagram hook

      CPR’s analysts said that the hook scammers were using for Instagram was built on the subject “blue badge form.” Blue badges are the little blue checkmark that appears next to an Instagram account's name in search and on the profile, and means Instagram has confirmed that an account is the real deal presence of the public figure, celebrity, or brand it represents. 

      In this case, the scammers are playing up to people who they think would love the status of having a “blue badge.” and the intent of the email is to persuade the victim to click on a malicious link claiming that the person’s Instagram account has been reviewed and approved by Facebook, the owner of Instagram.

      The link leads to a form that asks for specific personal details. Once you submit the form, you basically gave what you entered to the cybercriminals behind the campaign.

      The next time something shows up in your email inbox that claims to be from Yahoo!, DHL, Microsoft, Google, or LinkedIn, resist clicking on it. In Check Po...