Recalls in August 2010

Cuomo disclosed last week that his investigation found that some health care providers use fast-talking sales pitches to pressure and deceive consumers into applying for health care credit cards such as Chase Health Advance, Citi Health, and GE Money's CareCredit. The investigation also found that CareCredit pays kickbacks in the form of rebates to the providers based on how much business they charge consumers on CareCredit cards.

The investigation was based in part on hundreds of consumer complaints received by the attorney general's Office. Consumers reported that health care providers promised that the credit card had "no interest," when it often carried retroactive interest of over 25 percent if not paid in full during a promotional period.

Consumers were also unknowingly charged up front for services they never received, and their attempts to obtain refunds were often thwarted or ignored. Meanwhile, the credit card companies typically paid the health care providers in full within 48 hours of the charge, Cuomo said.

The investigation also found that CareCredit charges the providers a fee for the right to offer the cards, and then rebates part of the fee based on the amount of money the providers generated through CareCredit sales. This kickback arrangement, plus CareCredit's payment in full to providers within two days of the charge, creates an incentive for providers to push consumers to use CareCredit rather than other methods of payment. In fact, providers pushed CareCredit over cash.

Conflicts of interest

"Our ongoing investigation has uncovered conflicts of interest and predatory practices in the health care industry that are hurting New Yorkers and patients across the country," Cuomo said. "Patients are being misled into paying for services they never received by the people they should be able to trust the most -- their doctors. Doctors are supposed to represent patients, not credit card companies, no matter what kind of kickbacks they are offered."

Cuomo issued subpoenas to 14 dental and health care clinics that promote CareCredit, as well as to GE's CareCredit, Chase Health Advance, and Citi Health Card. The subpoenas seek marketing materials, applications, terms of credit, contracts and rebate agreements, policies and procedures, consumer complaints, and regulatory inquiries. The investigation continues.

In addition to the 14 subpoenas, Cuomo has written letters to a number of medical organizations that promote CareCredit or other health care financing cards. The letters, asking why they endorse these credit products, were sent to the American Dental Association, American College of Eye Surgeons, and American Hearing Aid Associates, among others.

Widely accepted

CareCredit is accepted by more than 125,000 health care practices nationwide. The New York State Dental Association asserts that more than eight million dental patients and 80,000 dental practices use CareCredit nationwide.

The credit card is advertised as a way to pay for services often not covered by insurance, including:

• Chiropractic procedures

• Cosmetic procedures

• Dental procedures

• Infertility treatment

• Hearing procedures

• Vision procedures

• Weight loss procedures

• Veterinary services

In recent years, Cuomo says, his office received hundreds of complaints from consumers indicating they were lured and misled by providers into applying for, accepting, and using health care credit cards.

A new University of British Columbia study suggests people with multiple tattoos that cover large parts of their bodies are at higher risk of contracting hepatitis C and other blood-borne diseases.

The researchers reviewed and analyzed 124 studies from 30 countries, including Canada, Iran, Italy, Brazil and the United States, and found the incidence of hepatitis C after tattooing is directly linked with the number of tattoos an individual receives. The findings are published in the current issue of the International Journal of Infectious Diseases.

In the U.S., an estimated 36 percent of people under 30 have tattoos. In Canada, approximately eight per cent of high school students have at least one tattoo and 21 per cent of those who don't have one want one. During tattooing, the skin is punctured 80 to 150 times a second in order to inject color pigments.

"Since tattoo instruments come in contact with blood and bodily fluids, infections may be transmitted if instruments are used on more than one person without being sterilized or without proper hygiene techniques," said lead author Dr. Siavash Jafari, a Community Medicine Resident in the UBC School of Population and Public Health (SPPH).

"Furthermore, tattoo dyes are not kept in sterile containers and may play a carrier role in transmitting infections," said Jafari. "Clients and the general public need to be educated on the risks associated with tattooing, and tattoo artists need to discuss harms with clients."

HIV also a risk

Other risks of tattooing identified by the study include allergic reactions, HIV, hepatitis B, bacterial or fungal infections, and other risks associated with tattoo removal.

The researchers are calling for infection-control guidelines for tattoo artists and clients, and enforcement of these guidelines through inspections, reporting of adverse events and record-keeping. They also recommend prevention programs that focus on youth the population who are most likely to get tattoos and prisoners who face a higher prevalence of hepatitis C to lower the spread of hepatitis infection.

In Canada, 12 to 25 per cent of hepatitis C infections among prisoners are associated with tattooed individuals, compared to six per cent of the general population.

Sun-baked tourists by the hundreds jam into Benjamin's Calabash Restaurant in Myrtle Beach, S.C., each evening, drawn by the establishment's 171 item buffet. On any given night, patrons paying $28 a head will make multiple trips to the buffet to make sure they get their money's worth.

Chances are good they will also leave after consuming enough calories to last a couple of days.

Restaurants offering "all you can eat" are popular with many consumers, but may be one of the reasons America has a weight problem. When there is no limit to what we can consume, we tend to lose all sense of proportion. How much should we be eating on a daily basis? How much is too much?

Health experts tend to agree that the problem lies in two areas; Americans eat portions that are significantly greater than they need for nourishment and they tend to eat too much unhealthy food. Often, we do it without thinking about it.

How much?

So, if we tend to eat too much, how much should we be eating each day? Dr. Mary Lou Gavin, Medical Editor at KidsHealth.org, says it all depends on your age, gender, height and weight, and activity level.

"In general, I don't recommend counting calories but it may be helpful for people to have some idea what their caloric requirements are," Gavin told ConsumerAffairs.com.

There are a number of calorie calculators online, where you can get an idea of how much food you should be consuming on a daily basis. For example, a male, age 59, 5 feet, 11 inches tall, weighing 175 pounds and getting moderate exercise can -- according to one calculator -- consume 2200 calories a day to maintain weight and 1800 calories to lose fat.

"The MyPyramid website is a good resource to find out an estimate of calories and it also provides a food plan that breaks it down into servings of each particular food group, Gavin said. "Planning meals with food groups in mind is a more practical approach than counting calories on a daily basis."

Portion size, of course, is a big part of healthy meal planning. That's where vigilance is required while shopping. Portions of food -- especially packaged food -- tend to be larger than they were a few years ago.

Bigger bagels

As an example, the average bagel had a three inch diameter 20 years ago and had 140 calories. Today, bagels are normally six inches in diameter and have about 350 calories, with half of a person's recommended number of grain servings for the day.

Some consumer advocates blame the food industry for feeding America's appetite, as restaurants try to outdo one another in offering huge servings. Gavin says competition may play some role in consumers' growing appetites as they tend to perceive greater value in a generous helping. Businesses, too, see an advantage in serving up giant sized portions.

"The original notion was that there is a higher profit margin with larger portions," she said. "That idea may have come full circle as food companies have found a way to make money off of portion controlled packages."

When you add excessive amounts of fat, sweetener and sodium to the excessive portions of food we eat, the health problems are compounded. In its recent list of the Top Ten Worst Foods, the Center For Science In the Public Interest (CSPI) selected Marie Callender's (16.5 oz) Chicken Pot Pie. The nutrition label notes it has 520 calories, 11 grams of saturated fat, and 800 mg of sodium.

But upon closer inspection, you will see that the pie is actually two serving portions. In other words, one person should eat only half the pot pie.

But who eats half a pot pie? Eat the entire pie, as most people probably do, and you're consuming 1,040 calories, 22 grams of saturated fat, and 1,600 mg of sodium, which equals an entire day's worth.

What makes the list of the 10 best foods? Not surprisingly, these foods tend not to come in a box, bag, can or wrapper. The sweet potato tops the list. CSPI calls it "a nutritional all-star," noting it's loaded with carotenoids, vitamin C, potassium, and fiber.

"Bake and then mix in some unsweetened applesauce or crushed pineapple for extra moisture and sweetness," CSPI suggests.

Mangos and watermelon also make the "best food" list.

Stick with plants

Researchers at the Harvard School of Public Health have published their own healthy eating pyramid, echoing CSPI's endorsement of fresh fruit and vegetables as a dietary mainstay.

"Go with plants," the researchers advise. "Eating a plant-based diet is healthiest. Choose plenty of vegetables, fruits, whole grains, and healthy fats, like olive and canola oil."

Change may not come overnight, as some habits die hard. But Gavin offers a tip for both controlling portions and eating healthier, something she calls the divided plate.

"Think of your plate divided in four equal sections," Gavin said. "Half the plate is for fruits and/or vegetables, one quarter is for protein foods, the remaining quarter of the plate is for starchy foods."

When eating out, look for restaurants that provide nutritional information, and choose something healthy from the menu. At the grocery store, look past claims -- such as low fat or whole grain -- and look at the nutrition facts label and ingredient list to see the nutritional value of the food as a whole.

Rep. Rosa L. DeLauro (D-CT) introduced the E. coli Traceability and Eradication Act. She says the measure would require stricter testing procedures for meat and processing facilities with the goal of eradicating the dangerous Shiga toxin-producing E. coli bacteria, and establishing a tracking procedure that would enable the USDA to implement faster recalls should any be found to be contaminated.

Shiga toxin-producing E. coli are bacterial pathogens similar to E. coli O157, the most commonly known and reported strain. It causes the same type of illness, and can be found in processed meat, ground beef, and can be transferred to other food products such as packaged lettuce.

The Food Safety and Modernization Act, which would give the Food and Drug Administration expanded authority to deal with a wide range of food safety and public health issues, has passed the House but remains stalled in the Senate.

DeLauro says by implementing stricter and more comprehensive testing of meat, slaughterhouses, and grinding facilities, her bill would ensure that the U.S. food supply is safer. The bill would require that these facilities test ground beef and beef trim multiple times throughout the manufacturing process by an independent, USDA-certified testing facility, including 'beef trim,' leftover pieces from larger cuts of meat commonly used in ground beef, that have not previously been subject to analysis.

Should any facilities be producing products that are unsafe for either three consecutive days or ten days throughout a year, their company name will be posted to a list of safety offenders with the USDA. Additionally, the legislation creates a tracing protocol that would enable the USDA to track any contaminated meat or meat products, leading to faster recalls and less hazard to consumers. For facilities that are found to be producing contaminated meat, the USDA will test their products for 15 consecutive days following the positive test.

57,000 illnesses

"By the end of this year, an estimated 57,000 people will have been made ill from E. coli, which represents an astounding failure on the part of our food safety system," DeLauro said. "We must do more to address the dangers American consumers face on a daily basis from these hidden killers, and ensure that the food entering the marketplace, our homes, and even our schools, is safe."

DeLauro says the legislation will require rigorous new testing standards, calling for multiple examinations of products and specifically testing for all Shiga toxin-producing E. coli bacteria. And should test results reveal E. coli contamination, the bill would require slaughter facilities to report it to USDA immediately.

"Also, because this bill will require processors to test incoming beef trim, it would cease the current industry practice of processors being blackballed by their suppliers," DeLauro said.

When E. coli is detected at a facility, the measure would require USDA to establish a traceback procedure all the way back to the original source of the contamination. This will allow USDA to recall products more quickly and prevent additional illnesses during an outbreak.

"Our current food safety system is not doing its job, contaminated meat is still hitting the shelves, and people are still getting sick," DeLauro said.

LaMont has received two reports of a leg on the vanity bench detaching at the weld, causing the consumer to fall and sustain minor bruising.

This recall involves Belle vanity benches with a scroll design and padded seat. The wrought iron vanity bench is about 21 3/4 inches from floor to top of rail. The padded seat has an 18 3/4 inch wide off-white damask cover.

The benches, made in China, were sold at Tuesday Morning stores nationwide from May 2010 through June 2010 for about $70.

Consumers should immediately stop using the Belle vanity benches and return the product to any Tuesday Morning store for a refund. Consumers can also mail the product directly to LaMont for a refund. Consumers returning the product to LaMont should include in the package, the bench, name, mailing address and phone number. The package should be sent to LaMont Limited, Customer Service, 1530 North Bluff Road, Burlington, Iowa 52601.

For additional information, contact Tuesday Morning at (800) 457-0099 or LaMont at (800) 553-5261 between 8 a.m. and 4:30 p.m. CT Monday through Friday, or visit the firm's website at www.shop.tuesdaymorning.com.

The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

This recall involves Kawasaki 2010 model year KLX110CAF and KLX110DAF off-road motorcycles. They were sold in green and have Kawasaki written on the sides of the fuel tank.

The motorcycles, made in Thailand, were sold by Kawasaki dealers nationwide from August 2009 through February 2010 for about $2,100.

Consumers should stop using these vehicles immediately and contact a local Kawasaki Motorcycle dealer to schedule an appointment for a free repair. The company has attempted to contact all known users.

For more information, consumers can contact Kawasaki toll-free at (866) 802-9381 between 8:30 a.m. and 5 p.m. PT Monday through Friday, or visit the firm's website at www.kawasaki.com.

The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

Continued concerns over salmonella contamination have prompted an Ohio company to expand its previous recall to include some Iams and Eukanuba dry dog and cat foods.

The Procter & Gamble company (P&G) said it's taking the action because the pet food has the potential to be contaminated with salmonella, a bacterium that can cause food poisoning.

The company -- which makes Iams and Eukanuba products -- said it has not received any reports of illnesses linked to the recalled foods.

The expanded recall includes the following Iams and Eukanuba products:

The company sold the recalled foods in veterinary clinics and specialty pet stores in the United States and Canada.

These products are made in a single, specialized facility, the company said in a written statement. In cooperation with FDA, P&G determined that some products made at this facility have the potential for salmonella contamination. As a precautionary measure, P&G is recalling all products made at this facility.

Pet owners who purchased the recalled foods should immediately discard the products, the company said.

The Food and Drug Administration (FDA) said pet owners could become infected with salmonella if they handle the recalled foods especially if they dont wash their hands after touching surfaced exposed to the products.

Symptoms of salmonella infections in healthy people include nausea, vomiting, diarrhea or bloody diarrhea, abdominal cramping and fever, the FDA said. In rare cases, salmonella can cause arterial infections, arthritis, muscle pain, and other serious health problems.

Pets with salmonella infections may have decreased appetite, fever and abdominal pain, the FDA said. If the infections are not treated, pets can become lethargic and have diarrhea or bloody diarrhea, fever and vomiting.

The FDA also warned that infected -- but otherwise healthy -- pets can spread salmonella to other animals or people.

Consumers with dogs or cats that ate the recalled foods should contact their veterinarians if their pets experience any of these symptoms, the FDA said.

For more information about this expanded recall or a refund pet owners can contact P&G at 877-340-8823.

Complete list

This recall involves Madeline bunk beds. The bed is white and is made of wood and medium-density fiberboard. It has guardrails on either side of the top bunk and a ladder that attaches to the side of the beds.

The beds, made in Vietnam, were sold at Pottery Barn Kids stores, catalog and www.potterybarnkids.com from July 2009 to March 2010 for $1,400.

Consumers should immediately stop using the bed and contact Pottery Barn Kids to schedule installation of a free repair kit.

For additional information, contact Pottery Barn Kids toll-free at (888) 779-8692 between 7 a.m. and midnight PT seven days a week or visit the company's website at www.potterybarnkids.com.

The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

James Marshall, perhaps best known for his roles in the movie "A Few Good Men" and the TV series "Twin Peaks," says the drug caused bowel problems so serious that he eventually had to get his colon removed. Marshall filed the suit against Roche Holding AG, which has manufactured Accutane since its debut in 1982.

Several well-known actors are set to testify at the trial, including Martin Sheen, Rob Reiner, and Brian Dennehy. Their testimony will focus on Marshall's potential as an actor and the ordeal's negative effect on his earning capacity.

Indeed, Marshall's attorney, Michael Hook, plans to argue that the drug ruined Marshall's entire career.

"The jury will hear that James Marshall had the potential to be the next James Dean-like star," Hook said. "That dream is gone because he took something to treat acne."

Many similar suits

Marshall's suit is hardly the first alleging bowel problems stemming from the use of Accutane; Roche is facing 1,000 similar suits in a number of jurisdictions. In all seven of the cases that have been tried to a verdict, the jury has ruled against Roche, and the company is already on the hook for $56 million in damages.

One of those cases, which wrapped up in February, was tried in the New Jersey Superior Court, the same forum where Marshall's case is being heard. The plaintiff in that case, Andrew McCarrell, also blamed Accutane for the loss of his colon, the end result of five surgeries for irritable bowel syndrome.

In that case, Roche ended up doubling down and losing big: McCarrell secured a $2.6 million verdict in 2007, which was thrown out after Roche appealed. The case was retried, and this time the jury said McCarrell was entitled to over $25 million.

Links to depression, birth defects

Accutane has been linked to other disturbing phenomena, including a high suicide rate among teenage users and birth defects in babies born to women taking the drug. In 2002, 15-year-old Accutane user Charles Bishop flew an airplane into a building in Florida, killing himself. His mother sued Roche, alleging that Accutane was to blame for Bishop's instability. She dropped the suit in 2007, saying it was too emotionally draining.

The drug's connection with birth defects and miscarriages has also given consumers pause. In 2005, the Food and Drug Administration implemented a program that required both doctors and patients to agree to certain responsibilities before the drug could be prescribed.

The program is administered through the website iPLEDGE , which "strives to ensure that no female patient starts isotretinoin therapy if pregnant, [and] no female patient on isotretinoin therapy becomes pregnant."

The product, when used as directed, produces an industrial bleach that can cause serious harm to health.

The FDA has received several reports of health injuries from consumers using this product, including severe nausea, vomiting, and life-threatening low blood pressure from dehydration. Consumers who have MMS should stop using it immediately and throw it away, FDA says.

MMS is distributed on Internet sites and online auctions by multiple independent distributors. Although the products share the MMS name, the look of the labeling may vary.

Creates bleach

The product instructs consumers to mix the 28 percent sodium chlorite solution with an acid such as citrus juice. This mixture produces chlorine dioxide, a potent bleach used for stripping textiles and industrial water treatment. High oral doses of this bleach, such as those recommended in the labeling, can cause nausea, vomiting, diarrhea, and symptoms of severe dehydration.

MMS claims to treat multiple unrelated diseases, including HIV, hepatitis, the H1N1 flu virus, common colds, acne, cancer, and other conditions. The FDA is not aware of any research that MMS is effective in treating any of these conditions. MMS also poses a significant health risk to consumers who may choose to use this product for self-treatment instead of seeking FDA-approved treatments for these conditions.

The FDA continues to investigate and may pursue civil or criminal enforcement actions as appropriate to protect the public from this potentially dangerous product.

Consumers who have experienced any negative side effects from MMS are advised to consult a health care professional as soon as possible and to discard the product. Consumers and health care professionals should report adverse events to the FDA's MedWatch program at 800-FDA-1088 or online.

Federal safety regulators said the owner's manual has an incorrect maximum permissible inflation pressure and the tire pressure monitoring system software has an incorrect trigger level.

Dealers will update the vehicles with a new label and new software.

Owners may contact Volvo at 1-800-458-1552.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.

The vehicles fail to comply with federal passenger protection regulations. An A-pillar finisher could impede the inflation of the side curtain air bag, federal safety regulators said.

Dealers will replace the pillar finishers free of charge when the recall begins. The company has not yet provided a timetable.

Owners may contact Nissan at 1-800-647-7261.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.

Safety regulators said a snap ring on the shaft may disengage under impact, possibly resulting in a loss of steering control.

Dealers will replace the snap ring with a newly-designed one and install an additional component to prevent separation of the steering shaft. The recall is expected to begin during August 2010.

Owners may contact Lexus at 1-800-255-3987.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.