Consumer News & Alerts   |   May 29, 2007

PROFILES IN COURAGE
This is the time when a grateful nation honors the men and women of its armed forces for their service and sacrifice. We have been working on an investigative series about how well America's service members are treated by the nation's banks, credit card and mortgage companies and had planned to have it ready by today. Unfortunately, the peanut butter and pet food contamination stories got in the way and we are several weeks behind with our Service Dishonored series. It will be ready by July 4th, without fail.

ASLEEP AT THE WHEEL
Have you ever gotten into your car feeling exhausted, but since you had to get to work, or somewhere important, you decided to make the trip anyway? Or maybe you got into a taxi cab, or onto a bus, and immediately felt like you should get off because the driver looked sleepy? If so, you’re not alone.

According to a recent poll, an estimated 600f all adult drivers, or approximately 168 million men and women, admitted to driving when drowsy and more than one-third (or approximately 103 million people) admitted to having fallen asleep at the wheel.

What can you do about it? Just get more sleep, right? Unfortunately, it's not that easy, as Jan Yager explains in this week's cover story, Asleep in America. Jan asks the questions that will help you decide whether you have a sleeping problem. If you do, she offers tips and suggestions to help you get the rest you need to function safely and effectively.

ANOTHER CONTACT LENS SOLUTION RECALL
Once again, "Complete MoisturePlus" is being recalled because of evidence linking it to serious eye infections. The company, Advanced Medical Optics, recalled 2.9 million packets of the solution last November after it found bacterial contamination in three lots sold in Japan. That recall included 183,000 units sold in the U.S. In the latest case, the U.S. Centers for Disease Control and Prevention (CDC) said it had found 138 "culture-confirmed" cases and has interviewed 46 patients in an investigation that covered 35 states and Puerto Rico.

Ironically, Advanced Medical Optics has been exploring the possibility of buying rival Bausch & Lomb Inc. which last year recalled its "MoistureLoc" contact solution, also linked to a serious eye infection in some users.

FOREIGN TOOTHPASTE SCARE
Toothpaste seems pretty innocuous but then, so do peanut butter and dog food. So when our Joe Enoch noticed Asian and Spanish labels on the toothpaste tubes he scooped up at a D.C. discount store, he decided to scrub a bit more vigorously. He learned that excessive flouride is the most common danger of toothpaste not intended for sale in the United States. Coincidentally, federal officials -- who were on the, uh, lackadaisical side when we queried them -- became a little more alert when Chinese toothpaste was suspected of containing a chemical blamed for numerous deaths in Panama. Canada also became alarmed and banned Chinese toothpaste.

Is it even legal to sell this stuff in the U.S., you might ask. The answer, of course, is no -- and yet, we've found it in dollar stores and hole-in-the-wall bodegas from Long island to Los Angeles. When we asked the FDA who could be prosecuted -- importer, retailer, distributor, manufacturer -- the answer was, shall we say, less than sparkling clear.

Chinese Monkfish Panic Yet another food safety alert involving Chinese produce. This time it's seafood labeled as monkfish, an exceptionally ugly but somewhat tasty fish. Trouble is, thousands of pounds of deadly puffer fish was imported into the U.S. labeled as monkfish. As deep-sea anglers will tell you, puffers contain a nasty poison called tetrodotoxin that will make you very sick very fast.

ANIMAL POISONINGS PERSIST
Nutra Nuggets are among the latest pet food products to be recalled as melamine poisonings continue to afflict dogs, cats and who knows what else. Our Lisa Wade McCormick had reported early last week that pet owners were blaming Nutra Nuggers for their animals' illnesses. The recall followed a few days later.

GAS PRICES FLYING HIGH
Americans who hit the road for the Memorial Day weekend were paying record-high prices for gas, with the national average price for regular unleaded gasoline pegged at $3.23 a gallon going into the weekend. That's 37 cents higher than a month ago and it is an all-time high when adjusted for inflation.

Americans Alarmed A new survey finds Americans alarmed by high gas prices and worried about excessive dependence on foreign oil. The survey finds growing support for tougher fuel economy standards. Detroit, however, is having none of it. The Big 2 1/2 rolled out an ad campaign over the weekend opposing higher mileage standards.

BAROODY RETREATS
In politics, it's not unusual for a slavish loyalist to volunteer to fall onto a sword or two -- to run in an election he's bound to lose or accept a Presidential nomination knowing he'll never win Congressional approval. Obviously, this builds brownie points for the sacrificial lamb. But why would, say, the Bush Administration nominate someone like industry lobbyist Michael Baroody to the Consumer Product Safety Commission, knowing that doing so would deprive the CPSC of a quorum for months, making it impossible for that agency to enact new safety regulations protecting Americans from dangerous products? Good question, you say? Yes, we thought so too.

AVANDIA WARNING
The FDA has issued a safety alert for users of the diabetes drug Avandia, after a study found an increase in heart-related deaths among patients using the drug. So does Avandia become the next Vioxx? No one knows at this point but medical authorities agree that patients now taking Avandia should not just stop taking the drug. Instead, consumers should talk with their doctor about the risks and benefits of different medications. All drugs have some risk; in most cases, failing to treat a serious condition is the biggest risk of all.

More health news ...

• No More Periods A new contraceptive, Lybrel, not only prevents pregnancy but actually stops those troublesome menstrual periods, its manufacturer claims. Of course, unexpected bleeding and spotting may still occur. This might be another decision requiring a careful examination of risks and rewards.

• Green Tea's Bladder Benefits There's less risk involved in a nice cup of tea, as long as it's green. A University of Pittsburgh study finds the herbal agents in tea can help reduce bladder inflammation.

• Erectile Malfunction Then there's the much-advertised bane of older men, erectile dysfunction. Medical writer Fred Cicetti, alias the Healthy Geezer, has advice for the afflicted.

• College Carousing A college education is beneficial, but it may carry an unexpected risk for budding alcoholics. A new study finds the drink-and-drown atmosphere common on so many campuses exacerbates the risk of alcoholism in those inclined towards it.

DELL GOES RETAIL
Dell has been trying to clean up its image with consumers, after numerous missteps in its direct-marketing operation. So it's teamed up with Wal-Mart, which, come to think of it, is also trying to entice consumers back into its stores in bigger numbers. Best Buy, on the other hand, already does a big business in computers and home electronics, but has run afoul of Connecticut. The state has sued Best Buy, alleging it deceives and overcharges its customers.

FED PROPOSES CREDIT CARD CONTROLS
There's little doubt things are out of control in the credit card business. Consumers are being enticed into great deals that last a month or two before interest rates climb towards 30 percent, fees get added onto fees and monthly statements are carefully timed so as to appear just about the time they're overdue. The Federal Reserve has finally taken note of the situation and is proposing tighter controls. Congress is also studying the matter but it's doubtful any legislation has a chance of clearing the White House.

STATES GET MYSPACE DATA
MySpace.com has agreed to hand over its database of known sex offenders to state attorneys general. The site compiled the database so it could throw sex offenders off its site. While that move was no doubt long overdue, some privacy advocates shudder to see Web sites becoming an arm of law enforcement.

Shocking disclosure: Our site also occasionally supplies information to local, state and federal investigators and prosecutors looking into consumer protection issues.

In other privacy matters ...

• GAO: "Critical" Weaknesses In FBI Security Network FBI's network increasingly vulnerable to attacks, report warns.

• House Passes New Anti-Spyware Bill Bill prohibits consumers from suing spyware distributors.

• Image Spam On The Rise Unpleasant surprises await those who take the bait.

WINDJAMMER'S PLEDGE
Things have been downright mysterious at Windjammer Barefoot Cruises lately. Consumers have been complaining that their investment in the LaMer, a timeshare sailing vessel, appeared to be taking on water. Our Dan Schlossberg finally got some answers from the company's lawyer. Whether they hold water remains to be seen.

More travel notes ...

• Frequent Flyer Miles Airlines swear they'll make more seats available ... but not right now.

• Customs Staffing Shortages Long lines are likely at JFK, Dulles, LAX, SFO and other major international entry points this summer, thanks to a shortage of customs agents.

SCAMS & OUTRAGES

• ‘Debt Elimination’ Telemarketers promised they could make debts go away.

• Enviga Claims that green tea drinks promote weight loss are "hucksterism," group argues.

• SkyBiz Victims get stored-value cards as compensation.

RECALLS

SUPREME COURT COMES THROUGH
Things sometimes come full circle. A few decades ago, the Justice Department sued AT&T on anti-trust grounds and succeeded in breaking the company up into the so-called Baby Bells. By so doing, it created a handful of powerful, entrenched regional monopolies uncommonly skilled at playing local, state and federal legislators and regulators like so many little piccolos. While blathering about competition, the Bell Brats grew up and basically morphed back into their parents.

Ma Bell would have been proud indeed to see Verizon, AT&T Jr. and odd child Qwest win a 7-2 Supreme Court ruling dismissing an anti-trust suit that alleged they had conspired to divide the country into segments so as not to compete with each other, leaving them free to stomp less well-connected would-be entrants.

Justice is blind, you know, so perhaps it's understandable that the justices ruled there was no evidence to suggest there had been any such conspiracy -- rather, it just worked out that way. Or as Justice David H. Souter put it: "There is no reason to infer that the companies had agreed among themselves to do what was only natural anyway."

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