Vlaw Legal and Consumer News

If you’ve seen messages on TV about smoking cessation, you’ve probably noticed that most contain a particular message, either implicitly or explicitly: serious attempts at smoking cessation should be attempted with drugs and/or professional help. This so-called “medicalization” of smoking cessation has become the norm, even though there is much evidence to support “cold turkey” or reducing-then-quitting methods—undertaken privately and without professional intervention—may be the most effective approaches. Is it possible, with all of the products and approaches on the market, that simply quitting is the best approach?

Recent professional reviews of smoking cessation studies has shown repeatedly that 60–75% of ex-smokers (successful quitters) stop smoking without help. Furthermore, most ex-smokers then report that quitting was easier than expected.

The lack of awareness about “just quitting” as the most effective and valid approach may come, at least in part, from the influence of pharmaceutical support of smoking cessation studies. Studies using drugs or other therapies to assist in cessation nearly always involve researchers who support a pharmaceutical manufacturing company producing smoking cessation products, such as Chantix or similar drugs. Studies that use not cessation therapies or products rarely involve researchers connected with pharmaceutical companies. Additionally, pharmaceutical company-supported studies tend toward higher success rates.

Researchers hope that these revelations will spread to the public, to let smokers hoping to quit know that reduction, will power, and cold turkey are not only viable options in their efforts to quit, but may even be the most effective.

It’s also worthy to note that certain smoking cessation drugs, including Chantix, have been linked to very serious side effects including suicidal behavior.  Contact our Chantix Lawyers immediately if you have experience any serious side effects to this anti-smoking drug.

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The oil spill off the Louisiana coast is creating environmental disaster, worldwide headlines, and, eventually, economic fall-out for consumers. The price of oil itself will rise, but due to indirect effects from the spill. Though the amount of oil leaking into the Gulf of Mexico seems vast, it is insignificant relative to total US oil imports.

Instead, the spill will probably make oil cost more and be less available in the future. Plans to opening sections of the Atlantic coast for oil drilling, politically challenging even a few months ago, seem next to impossible now, with some calling the drilling plans “dead on arrival” in the legislature. Read full entry and feel free to comment »

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Escalating complaints from consumers are leading states to crack down on abusive practices by debt settlement firms. Such companies promise help to desperate people, but too often charge large initial fees only to do little to nothing to actually help.

Leading the charge in the crackdown is Illinois, which recent passed a bill prohibiting debt settlement firms from using unfair and abusive practices. The lawmakers behind the bill state that many of the debt settlement claims play on the fear and desperation of consumers in deep debt, but many are nothing more than scams. The new Illinois law allows collection agencies to collect a fee only when the debt is settled.

In addition to this legislation, the Illinois Attorney General Read full entry and feel free to comment »

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23 states, including Illinois, are subject to a recall of romaine lettuce products originating with Freshway Foods of Sidney, Ohio. The company fears a connection with an outbreak of foodborne disease involving cases in Michigan, Ohio, and New York.

Freshway Foods of Sidney, Ohio is recalling some of its romaine lettuce products because of the possible connection to an outbreak of foodborne disease. The recalled products have a “best if used by” date of May 12 or earlier. All such products should not be used and should be thrown out immediately.

Shredded romaine lettuce from Freshway Foods with “use by” dates after May 12 are not involved in this voluntary recall, the FDA said. Romaine lettuce and other types of lettuce and leafy greens from other producers are also not affected by this recall. Consumers should note that Freshway Foods products with “use by” (different than “best if used by”) dates of May 12 or earlier are not affected by this recall and are safe.

So far 19 cases of E. coli have been confirmed in connection with these products. Of these cases, 12 individuals have been hospitalized and three developed potentially life-threatening complications.

The evidence includes preliminary results of product traceback investigations that indicate the shredded romaine lettuce consumed by ill persons in three states originated from one processing facility and recovery of E. coli O145 from an unopened package of shredded romaine lettuce from the same processing facility that was obtained from a food service entity associated with the outbreak.

Investigation is ongoing to confirm the link between Freshway Foods products and the outbreak, but preliminary evidence is strong, including recovery of E. coli from an unopened package of shredded romaine lettuce. More information will be made public as it becomes available.

E. coli infection can be very serious. Symptoms include mild to severe, including bloody, diarrhea and abdominal cramps. These early symptoms may give way to serious complications, including kidney damage. Seek medical attention immediately if you develop these symptoms.

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The Quad Cities is buzzing with the news about the exposure of thousands of residents to Hepatitis A. Estimates are as high as 10,000 for the number of people potentially exposed to the virus, which infects the liver, at a Milan McDonalds over only a few days in June and July. The number of citizens infected is unknown.Repercussions are reverberating around the community. Local and state officials are investigating the incident. The Rock Island County Health Department confirmed that at least one employee of the McDonalds was symptomatic and contagious while working, preparing and serving food. Additionally, the Health Department sponsored a free clinic and vaccination for those concerned about their exposure and risk of developing the disease. Thousands turned out for the clinic. Questions remain over failure to report the outbreak in its early stages.At least one man exposed to the virus has filed civil suit against the local McDonalds, its operator, and the McDonalds corporation. Larger-scale class action suits are expected to follow as the fallout from this incident continues.Anyone with suspected or confirmed Hepatitis exposure and/or infection via the Milan McDonalds should seek legal counsel to determine the usefulness and appropriateness of litigation.If you or a loved one is in need of the services of a Quad Cities attorney, call or e-mail VanDerGinst Law today.

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The U.S. Consumer Product Safety Commission has recently announced that the True Value Company is recalling about 17,000 Green Thumb Twin Wheelbarrows, due to a potential hazard in over-inflating the wheel. Such over-inflation can cause the wheel’s rim to break, posing risk of potential injury to the user. The products are manufactured by Qingdao Huatian Hand Truck Co. Ltd., of China.

The Green Thumb Twin Wheelbarrow, which was sold nationwide in True Value stores between September and October of 2008, is recognizable by its plastic tan wheel rims, a black plastic tray, and steel axle and handles. Owners of this product are advised to stop using it immediately. A full refund is available at any True Value store.

For additional information contact True Value at (800) 621-6025 (8 a.m. - 4 p.m. CT, M-F), or visit www.truevalue.com.

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The death of a 3-year-old boy whose sweatshirt drawstrings became tangled in playground equipment has prompted the voluntary recall of 300,000 similar sweatshirts by Hill Sportswear, Inc.

Officially named “Kid Pullover Hood Sweatshirt” and “Kid Zipper Sweatshirt with Hood,” the sweatshirts in question are not defective or illegal in their design, but do present a danger similar to that outlined by the Consumer Product Safety Commission in its 1996 guidelines to help prevent such strangulation injuries and deaths due to neck and waist drawstrings.

The recalled sweatshirts were sold in California and Texas at numerous small retail shops between August 1999 and December 2008. Cost was approximately $8.

The serious nature of the hazard posed by these garments is such that parents should immediately remove the drawstrings or return the clothing to the place of purchase or to Hill Sportswear for a refund.  Hill sportswear can be reached at (877) 322-8760.

If you or a loved one has suffered an injury, illness or death in connection with the use of a hazardous product, call VanDerGinst Law at 1-866-843-7367 or receive a FREE online case evaluation from a Chicago hazardous product attorney. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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While it remains to be seen if negligence or strict liability come into play, in what is certainly a case of hazardous products, products containing peanut butter and peanut paste or sauce are continuing to disappear from store shelves, but not because consumers are buying them. More and more chains and stores are electing to participate in voluntary recall of these products, which follows a warning by the FDA for consumers to avoid peanut butter/paste products while the probe into a salmonella outbreak continues.

While the agency has reported that jars of peanut butter on the shelves seem to be safe, the health warning has focused on other products made with peanuts: crackers, cookies or ice cream.

So far the outbreak is reported to have affected 43 states and Canada, with six deaths and 470 non-fatal cases of illness from the bacterium Salmonella Typhimurium, the most common strain of salmonella.

The FDA probe is focused on foods which contain peanut products that originated in a Blakely, Ga., facility owned by Peanut Corp. of America. While several major companies have announced recalls of their products due to the use of Peanut Corp peanuts (see list at the end of this article), other major brands have announced that their products are safe, as they do not buy from Peanut Corp. This latter group includes ConAgra (whose Peter Pan brand of peanut butter caused a salmonella outbreak several years ago), J.M. Smucker, Russell Stover Candies, and ABC Bakers/Interbake Foods (makers of Girl Scout Cookies).

For its part, Peanut Corp. of America has issued a wider recall for products and lot numbers relating to peanut butter/paste products manufactured on or after July 1, 2008, at the plant.
As of 1/20/09, these are the latest recalls:

• Abbott Nutrition of Columbus, Ohio, recalled ZonePerfect Chocolate Peanut Butter bars, ZonePerfect Peanut Toffee bars and NutriPals Peanut Butter Chocolate nutrition bars. The products were sold in the United States, Mexico, New Zealand and Singapore.
• Clif Bar & Co., of Berkeley, Calif., recalled Clif and Luna brand bars made with peanut butter, which are sold throughout the United States.
• Kroger Co., of Cincinnati, recalled Private Selection Peanut Butter Passion Ice Cream, sold in some but not all of their stores.
• Hy-Vee Inc., of Des Moines, which distributes in several states in the Midwest, recalled various bakery products containing peanut butter.
• McKee Foods Corp. of Collegedale, Tenn., has recalled Little Debbie Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers.
• Meijer Inc. of Grand Rapids, Mich., is pulling back two types of crackers and two varieties of ice cream sold in five states at its stores and at gas stations.
• The South Bend Chocolate Co., of South Bend, Ind., is recalling assorted chocolates, valentine hearts, peanut butter fudge and peanut butter chocolate fudge.
• Ralcorp Frozen Bakery Products Inc. of Downer’s Grove, Ill., has recalled all Food Lion and Wal-Mart Bakery brands of peanut butter cookies, peanut butter no-bake cookies and peanut butter fudge no-bake cookies. It is also recalling its nationally distributed Lofthouse brand versions of those cookies as well as Parco Foods’ Chuck’s Chunky brand of peanut butter cookies and Pastries Plus gourmet cookies.
• General Mills of Minneapolis is recalling two flavors of snack bars: Larabar Peanut Butter Cookie snack bars and JamFrakas Peanut Butter Blisscrisp snack bars.
• Safeway, of Westmont, Ill., recalled Ready Pack Eating Right Kids Apples with Peanut Butter and Orchard Valley Harvest’s Organic Bark Peanut Butter Cookies and Cream, according to the Associated Press.
• Perry’s Ice Cream, of Buffalo, N.Y., announced a voluntary recall of select ice cream products containing peanut butter sauce, which were distributed in five states.
• Food Lion, of Salisbury, N.C., with stores in the southeast and mid-Atlantic states, has removed Bake Shop peanut butter cookies from its shelves.

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Aging tires. For years, United States automobile manufacturers have been sending warnings to their customers about the problems with old tires. So concerned are these companies, that one, Ford, has requested that the federal government mandate a six-year age limit on tires. Of course, this raises the question: exactly how do you tell when your tires were manufactured? Until last year, this required a car lift or belly-crawl with a flashlight to look at the inside wall of your tires, as this was the location of the “DOT number” - a type of serial number. Newer models have this number on the outside, where it is more accessible.

After locating your DOT number, focus on the last three or four numbers - at the very end of the serial number.  Tires manufactured prior to 01/01/00 will have three numbers; those manufactured later than this will have four.  Regardless, the first two numbers indicate the week in which the tire was manufactured. For example, if a tire has “036″ as its last three digits, it was produced in the third week of 1996.  “4604″ means it was manufactured in the 46th week of 2004. According to safety experts, all motorists should perform an age check on their tires, and immediately replace any tires six years old or older, regardless of mileage. Follow this rule of thumb for best and safest tire performance.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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American workers can expect barely-there pay raises in the coming year, with employers reacting to the recession by cutting costs. CNN reports that a newly-published study by Hewitt Associates has found that of 640 large companies surveyed, 50% report plans to reduce labor costs. Twenty-five percent of employers reported considering cuts.The businesses surveyed represent upwards of 13.5 million workers. The reduction in raises could therefore affect 7 to 10 million employees.

After reductions, raises are expected to come in at less than 3%. This is the lowest in the 32 year history of the survey. Raise projections from July estimated 2009 raises would approach 4%; current estimates are closer to 2.5%.

The survey includes information about specific industries whose raises will be especially small: the automotive industry (1.4%), education (2.3%), and finance (2.9%). Industries bucking the trend and projecting larger raises include construction and engineering (4.5%), research (4%), and pharmaceuticals (3.9%).

With across-the-board raises looking so dismal, performance-based rewards and bonuses are already operating or are being implemented by 93% of the companies surveyed.

That is not to say that these incentive-based pay programs will not see cuts as well. Survey findings indicate that these programs will fall to 11.1% of payrolls for salaried exempt employees from a projected 12.1% in July (5.7% from 6.1% for non-exempt employees).

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