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	<title>Yourlawyer.com (Consumer News News)</title>
	<link>http://www.yourlawyer.com/topics/overview/consumer_news</link>
	<description></description>
	<pubDate>Sat, 21 Nov 2009 17:56:39 -0800</pubDate>

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		<title>Children's Hooded Clothing Recalled</title>
		<link>http://www.yourlawyer.com/articles/read/17304</link>		
		<pubDate>Thu, 19 Nov 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17304</guid>
		<description><![CDATA[It seems as if we&rsquo;re always writing about the issue of dangerous, deadly children&rsquo;s hooded sweatshirts and jackets sold in violation of U.S. Consumer Product Safety Commission (CPSC) regulations. Sadly, another recall is being announced.In this case, about 17,000 Youth Hooded Sweatshirts and Jackets are being recalled by Century 21 Promotions, Inc. due to strangulation hazard. The recalled Youth Hooded Sweatshirts and Jackets were...]]></description>
			<content:encoded><![CDATA[<p>It seems as if we&rsquo;re always writing about the issue of dangerous, deadly <a href="http://www.yourlawyer.com/practice_areas/product_liability">children&rsquo;s hooded sweatshirts and jackets</a> sold in violation of <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) regulations. Sadly, another recall is being announced.</p><p>In this case, about 17,000 Youth Hooded Sweatshirts and Jackets are being recalled by Century 21 Promotions, Inc. due to strangulation hazard. The recalled Youth Hooded Sweatshirts and Jackets were manufactured and imported by Century 21 Promotions, of Seattle, Washington. To date, no reports of incidents or injuries have been reported.</p><p>The sweatshirts have a drawstring through the hood, which can pose a strangulation hazard to children. In February 1996, the CPSC issued guidelines to help prevent children from strangling or becoming entangled on the neck and waist by drawstrings in upper garments, such as jackets and sweatshirts. In 1997, industry adopted a voluntary standard for drawstrings that incorporated the CPSC guidelines. In May 2006, the CPSC&rsquo;s Office of Compliance issued an announcement that such outerwear with drawstrings at the hood or neck would be regarded as both defective and a substantial risk of injury to young children.</p><p>Unfortunately, the CPSC guidelines are routinely ignored by the clothing industry, and that attitude has had deadly consequences for some children. From January 1985 through January 1999, the CPSC received reports of 22 deaths and 48 non-fatal entanglement incidents involving drawstrings on children&rsquo;s clothing.</p><p>This recall involves children&rsquo;s sweatshirts and jackets sold in sizes XS&ndash;XXL in navy blue, black, brown, pink, red, white, green, grey, blue, yellow, and orange. The recalled garments contain the following embroidered logos: &ldquo;Montauk,&rdquo; &ldquo;Avalon,&rdquo; &ldquo;Stone Harbor,&rdquo; &ldquo;Cape May,&rdquo; &ldquo;Sea Isle,&rdquo; &ldquo;Ocean City,&rdquo; &ldquo;Alaska,&rdquo; &ldquo;Nantucket,&rdquo; &ldquo;Maine,&rdquo; &ldquo;Long Beach Island,&rdquo; &ldquo;Lavallette,&rdquo; &ldquo;Seaside Park,&rdquo; &ldquo;Newport,&rdquo; &ldquo;Monterey,&rdquo; &ldquo;Carmel,&rdquo; &ldquo;Skaneateles,&rdquo; &ldquo;1000 Islands,&rdquo; &ldquo;Block Island,&rdquo; and &ldquo;Seattle.&rdquo;</p><p>The recalled Youth Hooded Sweatshirts and Jackets were sold at Montauk Clothing, Riptide East, Shirt Shops of Cape May, Summer Sweats, Rip Current Sportswear, B&amp;B Department Stores, Trapper Jack&rsquo;s, Annie &amp; The Tees, Emporium, Inc., The Trading Company, Mackerel Jack&rsquo;s, Carmel Classics, Rolands, The Ship Gift Shop, Star Department Store, Seattle Shirt, and Simply Seattle from September 2005 through September 2009 for between $25 and $35. Most stores are located in New England with two stores each in Seattle, Washington, and Alaska.</p><p>The recalled Youth Hooded Sweatshirts and Jackets were made in China and are just one of many recalls and issues on which we have written concerning defective products, food, and medicines imported into this country from China. Such defective imports have been making headlines in recent years; the recalled Youth Hooded Sweatshirts and Jackets recall is just another of many such issues. In 2008, nearly 80 percent of all product recalls in the U.S. involved imports from China. Products such as dog food, baby formula, toys with lead paint, and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients that have long put American consumers at significant risk. Also making news is the ongoing and massive Chinese drywall disaster involving imports from that country.</p><p>The CPSC is advising consumers to immediately remove the drawstrings from the sweatshirts to eliminate the hazard, or return the garment to the place of purchase for a full refund. Century 21 Promotions can be reached, toll-free at 1-800-935-2100 between 9:00 a.m. and 5:00 p.m., Pacific Time, Monday through Friday.<br /></p>]]></content:encoded>
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		<title>Wooden Adventure Playsets Recalled for Fall Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/17239</link>		
		<pubDate>Fri, 06 Nov 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17239</guid>
		<description><![CDATA[Adventure Playsets Wooden Play Sets&mdash;about 275,000 in the United States and 6,800 in Canada&mdash;distributed by Adventure Playsets, of Amarillo, Texas have been recalled, the U.S. Consumer Product Safety Commission (CPSC) just announced.The Adventure Playsets Wooden Play Sets have been recalled because the plastic coated lumber on the horizontal ladder (monkey bar/swing beam) can weaken over time due to rotting of the whitewood (spruce,...]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.yourlawyer.com/practice_areas/product_liability">Adventure Playsets Wooden Play Sets</a>&mdash;about 275,000 in the United States and 6,800 in Canada&mdash;distributed by Adventure Playsets, of Amarillo, Texas have been recalled, the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The Adventure Playsets Wooden Play Sets have been recalled because the plastic coated lumber on the horizontal ladder (monkey bar/swing beam) can weaken over time due to rotting of the whitewood (spruce, pine, and fir species), resulting in a fall hazard. To date, Adventure Playsets has received more than 1,400 reports of rotting ladders involving 16 injuries that resulted in nine emergency room visits. The injuries include two arm fractures, lacerations, scrapes, and bruises to children younger than eight years old. Most of the reported injuries occurred when the swing came out of the monkey bar/ swing beam that had rotted.</p><p>This recall involves wooden play sets with swings, slides, and ladders. Each set has an overhead monkey bar ladder that acts as both the monkey bar and swing beam, and an end ladder coated with cranberry or green plastic. The instruction manual has the name &ldquo;Adventure Playsets&rdquo; and one of the following model numbers printed on the cover:</p><p>&bull;&nbsp;&nbsp; &nbsp;Bellevue 1-AP048, and 1-AP012*<br />&bull;&nbsp;&nbsp; &nbsp;Belmont 1-AP003<br />&bull;&nbsp;&nbsp; &nbsp;Dakota 1- AP046<br />&bull;&nbsp;&nbsp; &nbsp;Durango 1-AP016 and 1- AP018*<br />&bull;&nbsp;&nbsp; &nbsp;El Dorado 1-AP016<br />&bull;&nbsp;&nbsp; &nbsp;Madison 1- AP006 and 1- AP015<br />&bull;&nbsp;&nbsp; &nbsp;Sedona 1- AP002<br />&bull;&nbsp;&nbsp; &nbsp;Sherwood 1-AP049<br />&bull;&nbsp;&nbsp; &nbsp;Tacoma 1- AP017 and 1-AP051*<br />&bull;&nbsp;&nbsp; &nbsp;Ventura 1-AP008<br />&bull;&nbsp;&nbsp; &nbsp;Yukon 1-AP052<br /><br />*Of note, the Bellevue, Tacoma and Durango swing sets were previously recalled due to detaching frames and a fall hazard. The prior CPSC recall announcement can be seen at: http://www.cpsc.gov/cpscpub/prerel/prhtml06/06163.html</p><p>The Adventure Playsets Wooden Play Sets, which were manufactured in the United States, were sold at Walmart, Toys R Us, Academy Sports, Menards, and Mill stores nationwide, and online at Walmart.com, ToyRUs.com, Willygoat.com, and through the DMSI catalog from January 2004 through December 2007 for between $300 and $600.</p><p>The CPSC is advising consumers to immediately stop using the swing sets and contact Adventure Playsets to receive a replacement kit. Adventure Playsets can be reached toll-free at 1-877-840-9068 between 8:00 a.m. and 5:00 p.m. Central Time, Monday through Friday, or at the firm's Web site at www.adventureplaysets.com. Consumers can also email the firm at custservice@adventureplaysets.com</p><p>Health Canada&rsquo;s press release can be seen at: http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=878<br /><br /></p>]]></content:encoded>
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		<title>Samsung Microwaves Recalled for Shock Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/17243</link>		
		<pubDate>Fri, 06 Nov 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17243</guid>
		<description><![CDATA[About 43,000 Samsung&trade; Over-the-Range Microwave Ovens imported by Samsung Electronics America Inc., of Ridgefield Park, New Jersey, have been recalled for shock hazard, the U.S. Consumer Product Safety Commission (CPSC) just announced.If an installation bolt from the recalled Samsung&trade; Over-the-Range Microwave Ovens comes in contact with an electrical component inside the unit and the microwave is plugged into an ungrounded outlet, it...]]></description>
			<content:encoded><![CDATA[<p>About 43,000 <a href="http://www.yourlawyer.com/practice_areas/product_liability">Samsung&trade; Over-the-Range Microwave Ovens</a> imported by Samsung Electronics America Inc., of Ridgefield Park, New Jersey, have been recalled for shock hazard, the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>If an installation bolt from the recalled Samsung&trade; Over-the-Range Microwave Ovens comes in contact with an electrical component inside the unit and the microwave is plugged into an ungrounded outlet, it could create a shock hazard. To date, no incidents or injuries have been reported.</p><p>The recall involves Samsung 1000-watt over-the-range microwave ovens. The following model and serial numbers are included in this recall:<br />&bull;&nbsp;&nbsp; &nbsp;All SMH9151x produced from January through May 2009 from serial number xxxxxxxS1xxxxxx to serial number xxxxxxxS5xxxxxx<br /><br />Some products in June were also affected, as follows:<br />&bull;&nbsp;&nbsp; &nbsp;SMH9151B from serial number xxxxxxOS600001xxxxxxTS600001 to serial number xxxxxxOS600100xxxxxxTS601100<br />&bull;&nbsp;&nbsp; &nbsp;SMH9151S from serial number xxxxxxTS600001 to serial number xxxxxxTS601386<br />&bull;&nbsp;&nbsp; &nbsp;SMH9151ST from serial number xxxxxxTS600001 to serial number xxxxxxTS600330<br />&bull;&nbsp;&nbsp; &nbsp;SMH9151STE from serial number xxxxxxTS600001 to serial number xxxxxxTS600330<br />&bull;&nbsp;&nbsp; &nbsp;SMH9151W from serial number xxxxxxOS600001xxxxxxTS600001 to serial number xxxxxxOS600200xxxxxxTS602055<br /><br />The recalled Samsung&trade; Over-the-Range Microwave Ovens, which were manufactured in Malaysia,&nbsp; were sold at retail stores nationwide from January 2009 through July 2009 for between $180 and $200.</p><p>The CPSC is advising consumers to immediately unplug and stop using the recalled Samsung&trade; Over-the-Range Microwave Ovens, and contact Samsung to schedule a free repair. Samsung can be reached toll-free at 1-888-402-6974 between 9:00 a.m. and 9:00 p.m. Eastern Time, seven days a week, or at the firm's Web site at www.samsung.com/otrrecall<br /></p>]]></content:encoded>
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		<title>Life is Good Travel Mugs Recalled Due to Burn Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/17244</link>		
		<pubDate>Fri, 06 Nov 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17244</guid>
		<description><![CDATA[About 15,000 Fall 2009 Newbury Travel Mugs, imported by the S Group, of Portland, Oregon and manufactured by Pow Can, of Zhejiang, China, have been recalled, the U.S. Consumer Product Safety Commission (CPSC) just announced.The recalled Fall 2009 Newbury Travel Mugs can become excessively hot to the touch when filled with hot liquids, posing a burn hazard to consumers. To date, the firm has received three reports of excessively hot mugs,...]]></description>
			<content:encoded><![CDATA[<p>About 15,000 <a href="http://www.yourlawyer.com/practice_areas/product_liability">Fall 2009 Newbury Travel Mugs</a>, imported by the S Group, of Portland, Oregon and manufactured by Pow Can, of Zhejiang, China, have been recalled, the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The recalled Fall 2009 Newbury Travel Mugs can become excessively hot to the touch when filled with hot liquids, posing a burn hazard to consumers. To date, the firm has received three reports of excessively hot mugs, including one complaint of a minor burn to the hand.</p><p>This recall involves Newbury Travel Mugs. The 7&frac12; -inch tall mugs were sold in blue, green, and orange, each with a navy blue lid. The Life is Good trademark is printed on the mug along with a graphic of a heart, peace symbol, or daisy. The recalled Fall 2009 Newbury Travel Mugs were sold at Life is Good and independent retail stores nationwide and online at lifeisgood.com from July 2009 through September 2009 for about $20.</p><p>The CPSC is advising consumers to immediately stop using the recalled Fall 2009 Newbury Travel Mugs and return them to receive a credit or gift certificate for the amount of the purchase price. Life is Good can be reached toll-free at 1-888-339-2987 between 8:30 a.m. and 7:00 p.m. Eastern Time, Monday through Thursday, and 8:30 a.m. and 5:00 p.m. Friday. Consumers can also visit the firm&rsquo;s Web site at www.lifeisgood.com</p><p>The recalled Fall 2009 Newbury Travel Mugs were manufactured in China. Of note, defective imports from China have been making headlines in recent years; this recall of defective Fall 2009 Newbury Travel Mugs is another of many such issues on which we have been writing.</p><p>In 2008, nearly 80 percent of all product recalls in the United States involved imports from China. Products such as dog food, baby formula, toys with lead paint, and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients that have long been putting United States consumers at significant risk. Also making news is the ongoing <a href="http://www.yourlawyer.com/topics/overview/Defective_Chinese_Drywall">Chinese drywall</a> disaster involving imports from that country.<br /></p>]]></content:encoded>
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		<title>Rotating Sports Table Lamps Recalled for Fire, Burn Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/17156</link>		
		<pubDate>Wed, 21 Oct 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17156</guid>
		<description><![CDATA[About 145 Rotating Sports-Themed Table Lamps have been recalled by Wincraft Inc. due to fire, burn, and shock hazards, the U.S. Consumer Product Safety Commission (CPSC) just announced. Wincraft Inc. is located in Winona, Minnesota.Although no injuries or incidents have been reported, an electrical problem with the lamps can pose fire, burn and shock hazards to consumers, the CPSC warned.The recalled Rotating Sports Themed Table Lamps feature...]]></description>
			<content:encoded><![CDATA[<p>About 145<a href="http://www.yourlawyer.com/practice_areas/product_liability"> Rotating Sports-Themed Table Lamps</a> have been recalled by Wincraft Inc. due to fire, burn, and shock hazards, the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced. Wincraft Inc. is located in Winona, Minnesota.</p><p>Although no injuries or incidents have been reported, an electrical problem with the lamps can pose fire, burn and shock hazards to consumers, the CPSC warned.</p><p>The recalled Rotating Sports Themed Table Lamps feature logos from a professional or college sports team and rotate 360 degrees so that the logo can be easily seen. Lamps feature team logos from the NFL, MLB, NBA, NHL, NCAA, and NASCAR and have a black base with a light. The lamps measure about six inches wide and 13 inches high.</p><p>The lamps, which were manufactured in China, were sold at sports memorabilia and other specialty stores during August 2009 for about $40.</p><p>Defective imports from China have been making headlines in recent years; this recall of defective lamps is just one of many such issues. Also making news is the ongoing Chinese drywall disaster involving imports from that country. And, in 2008, nearly 80 percent of all product recalls in the United States involved imports from China. Products such as dog food, baby formula, toys with lead paint, and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients that have long been putting United States consumers at significant risk.</p><p>The CPSC is advising consumers to immediately stop using the recalled lamps and contact Wincraft for instructions on how to receive a free replacement lamp. Wincraft is directly contacting consumers who purchased the lamps. Wincraft can be reached toll-free at 1-800-533-8006 between 9:00 a.m. and 5:00 p.m. Eastern Time, Monday through Friday; at the firm&rsquo;s Web site at www.wincraft.com; or by email at sseverson@wincraft.com<br /><br /></p>]]></content:encoded>
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		<title>FDA Seizes Hand Sanitizers</title>
		<link>http://www.yourlawyer.com/articles/read/16827</link>		
		<pubDate>Mon, 03 Aug 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16827</guid>
		<description><![CDATA[At the U.S. Food and Drug Administration&rsquo;s (FDA) request, U.S. Marshals have seized all skin sanitizers and skin protectants, including ingredients and components, at Clarcon Biological Chemistry Laboratory&rsquo;s Roy, Utah facility. The administration is also warning consumers not to use any Clarcon products because they contain harmful bacteria and are promoted as antimicrobial agents that claim to treat open wounds and damaged skin,...]]></description>
			<content:encoded><![CDATA[<p>At the <a href="http://www.fda.gov/">U.S. Food and Drug Administration&rsquo;s</a> (FDA) request, U.S. Marshals have seized all <a href="http://www.yourlawyer.com/practice_areas/product_liability">skin sanitizers and skin protectants</a>, including ingredients and components, at Clarcon Biological Chemistry Laboratory&rsquo;s Roy, Utah facility. The administration is also warning consumers not to use any Clarcon products because they contain harmful bacteria and are promoted as antimicrobial agents that claim to treat open wounds and damaged skin, and claim to protect against various infectious diseases, according to the FDA.</p><p>Clarcon has recalled the affected products, which are marketed under several different brand names, in June 2009, following an FDA inspection that revealed high levels of potentially disease-causing bacteria in the products. To date, no cases have been reported to the FDA.</p><p>The agency&rsquo;s inspection also uncovered serious deviations from the FDA&rsquo;s Current Good Manufacturing Practice regulations, including poor practices that permitted the contamination. The FDA&rsquo;s seizure of these products, along with their ingredients and any in-process or bulk materials, occurred after Clarcon did not agree to promptly destroy the products.</p><p>The FDA said it is working to protect consumers by preventing the recalled Clarcon products from entering the marketplace. &ldquo;The FDA is committed to taking enforcement action against firms that do not manufacture drugs in accordance with our current good manufacturing practice requirements,&rdquo; said Deborah M. Autor, director of the FDA&rsquo;s Center for Drug Evaluation and Research Office of Compliance. &ldquo;We will remain vigilant in our efforts to protect consumers from defective products,&rdquo; Autor added.</p><p>Clarcon produced and distributed over 800,000 bottles of the involved products in multiple regions of the country since 2007. Consumers should not use any Clarcon products and should dispose of them in their household trash.</p><p>Analyses of several samples of Clarcon&rsquo;s topical antimicrobial skin sanitizer and skin protectant products revealed high levels of various bacteria, some of which can cause opportunistic infections of the skin and underlying tissues. Such infections may need medical or surgical attention and may result in permanent damage. Examples of products that should be discarded are:</p><ul><li>Citrushield Lotion</li><li>Dermasentials DermaBarrier</li><li>Dermassentials by Clarcon Antimicrobial Hand Sanitizer</li><li>Iron Fist Barrier Hand Treatment</li><li>Skin Shield Restaurant</li><li>Skin Shield Industrial</li><li>Skin Shield Beauty Salon Lotion</li><li>Total Skin Care Beauty</li><li>Total Skin Care Work </li></ul><p><br />The FDA is urging health care professionals and consumers to report serious adverse events or product quality problems with the use of this product to the FDA's MedWatch Adverse Event Reporting program either online (https://www.accessdata.fda.gov/scripts/medwatch/medwatch-online.htm); by regular mail (use postage-paid FDA form 3500 [the form can be accessed at: https://www.accessdata.fda.gov/scripts/medwatch/] and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787); by fax (toll-free at 1-800-FDA-0178), or by telephone (toll-free at 1-800-FDA-1088).<br /></p>]]></content:encoded>
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		<title>Fender Musical Instruments Recalls Bass Amps for Fire Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/16828</link>		
		<pubDate>Mon, 03 Aug 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16828</guid>
		<description><![CDATA[Fender Musical Instruments Corporation (FMIC), of Scottsdale, Arizona just issued a recall of about 90 SWR&reg; Natural Blonde&trade; Acoustic Bass Amplifiers due to fire hazard the U.S. Consumer Product Safety Commission (CPSC) just announced.The recall was implemented because the Fender SWR&reg; Natural Blonde&trade; Acoustic Bass Amplifiers&rsquo; wiring can overheat, posing a fire hazard. To date, no incidents or injuries have been...]]></description>
			<content:encoded><![CDATA[<p>Fender Musical Instruments Corporation (FMIC), of Scottsdale, Arizona just issued a recall of about 90 <a href="http://www.yourlawyer.com/practice_areas/product_liability">SWR&reg; Natural Blonde&trade; Acoustic Bass Amplifiers </a>due to fire hazard the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The recall was implemented because the Fender SWR&reg; Natural Blonde&trade; Acoustic Bass Amplifiers&rsquo; wiring can overheat, posing a fire hazard. To date, no incidents or injuries have been reported.</p><p>The recall involves the Fender SWR&reg; Natural Blonde&trade; 120V acoustic bass amplifier, model 44-60600-000. The recalled Fender amplifier measures about 26 inches, by 16 inches, by 15 inches, and has a blonde-textured vinyl covering with a black control plate and black-stamped steel vibration-free grill. The model number is located on the top rear panel of the recalled Fender amplifier. &ldquo;SWR&rdquo; and &ldquo;Natural Blonde&rdquo; are printed on the front of the amplifier.</p><p>The recalled Fender SWR&reg; Natural Blonde&trade; Acoustic Bass Amplifiers were manufactured in Mexico and were sold by authorized musical instrument retailers from April 2007 through May 2009 for about a MSRP (manufacturer&rsquo;s suggested retail price) of $1,550.</p><p>The CPSC is advising consumers to stop using the recalled amplifiers immediately and contact FMIC for a free inspection and repair. Fender is directly contacting consumers who purchased the recalled bass amplifiers. FMIC can be reached toll-free at 1-800-856-9801 between 8:00 a.m. and 5:00 p.m., Pacific Time, Monday through Friday; at the firm&rsquo;s Web site at www.swrsound.com; or by email at consumerrelations@fender.com<br /><br /></p>]]></content:encoded>
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		<title>Blitz USA Recalls Enviro-Flo Plus Fuel Containers Due to Fire Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/16812</link>		
		<pubDate>Wed, 29 Jul 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16812</guid>
		<description><![CDATA[Blitz USA Inc., of Miami, Oklahoma just issued a recall of about 4,000 Enviro-Flo Plus Fuel Containers (1- and 2-gallon container sizes) the U.S. Consumer Product Safety Commission (CPSC) just announced.The Enviro-Flo Plus Fuel Containers were recalled because the spout&rsquo;s plunger cap can dislodge, which can open the seal of the fuel container and allow gasoline vapors to escape. This could cause liquid gasoline to spill from the top of the...]]></description>
			<content:encoded><![CDATA[<p>Blitz USA Inc., of Miami, Oklahoma just issued a recall of about 4,000 <a href="http://www.yourlawyer.com/practice_areas/product_liability">Enviro-Flo Plus Fuel Containers</a> (1- and 2-gallon container sizes) the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The Enviro-Flo Plus Fuel Containers were recalled because the spout&rsquo;s plunger cap can dislodge, which can open the seal of the fuel container and allow gasoline vapors to escape. This could cause liquid gasoline to spill from the top of the container during use and result in a fire hazard. To date, no incidents or injuries have been reported.</p><p>The recall involves green Enviro-Flo Plus spouts used with 1- and 2-gallon fuel containers. Only spouts with manufacture date codes listed from 04/17/2009 through 04/19/2009 are included in the recall; the manufacture date code is etched into the side of the spout. The spouts were used on fuel containers with item numbers 81005 (1 gallon) and 81010 (2 gallon) printed on the labels. Date codes affected include: 041709xx1 (April 17, 2009, Automated Assembly); 041809xx1 (April 18, 2009, Automated Assembly); and 041909xx1 (April 19, 2009, Automated Assembly).<br /></p><p>All spout delivery systems manufactured outside these dates or with a number sequence ending in a zero (0) are not included in this recall.</p><p>The recalled Enviro-Flo Plus Fuel Containers were made in the United States and were sold at home improvement, mass merchandisers, automotive, and other various retailers nationwide from June 2009 through July 2009 for between $6 and $10.</p><p>The CPSC is advising consumers to immediately empty their gasoline container and contact Blitz for a free replacement spout delivery system. The gasoline container should not be used until a replacement spout delivery system is installed on the container. Blitz Inc. can be reached toll-free at 1-888-540-5177 between 8:00 a.m. and 5:00 p.m. Central Time, Monday through Friday, or at the firm&rsquo;s Web site at www.blitzusa.com<br /><br /></p>]]></content:encoded>
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		<title>CPSC Eases Tracking Rule</title>
		<link>http://www.yourlawyer.com/articles/read/16800</link>		
		<pubDate>Tue, 28 Jul 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16800</guid>
		<description><![CDATA[U.S. Consumer Product Safety Commission (CPSC) commissioners have just unanimously voted for draft statement approval for specific &ldquo;good faith&rdquo; compliance. Playthings.com reported that the compliance will allow manufacturers credit for good faith regarding tracking label requirements that will be mandated by the Consumer Product Safety Improvement Act (CPSIA) that is effective this August.&ldquo;I believe that the guidance...]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) commissioners have just unanimously voted for draft statement approval for specific &ldquo;good faith&rdquo; compliance. Playthings.com reported that the compliance will allow manufacturers credit for good faith regarding <a href="http://www.yourlawyer.com/practice_areas/product_liability">tracking label requirements</a> that will be mandated by the Consumer Product Safety Improvement Act (CPSIA) that is effective this August.</p><p>&ldquo;I believe that the guidance unanimously approved by the Commission ... will help to achieve the goals of improved recall effectiveness and better protection of consumers while also providing industry with assurance that the Commission does not intend to penalize manufacturers for inadvertent violations of the statute when they have made a good faith effort in attempting to comply with the tracking label requirements,&rdquo; said the agency&rsquo;s recently-appointed chairman, Inez Tenenbaum, quoted Playthings.</p><p>According to CPSC commissioner and former acting chairman, Nancy Nord, &ldquo;It is important to note that the guidance issued today probably will not be the last word on this important issue,&rdquo; reported Playthings.</p><p>Citing Section 103(a) of the CPSIA, Playthings notes that manufacturers must place permanent, distinguishing marks on children&rsquo;s products and children product packaging &ldquo;to the extent practicable&rdquo; in order to better enable parents and retailers to &ldquo;quickly recognize whether a toy they own or stock is the same as one involved in a recall.&rdquo;</p><p>This section of the CPSIA has concerned retailers for reasons Tenenbaum discussed: Not all tracking labels are created equal; small manufacturers are worried that because of small volumes produced, products requiring labeling, do not lend themselves to lot, batch, and run labeling systems&rdquo;; and the difficulties experienced by retailers in understanding how to comply have made it difficult for some retailers to meet the August 14 date for implementing the requirements, reported Playthings.</p><p>The CPSC's new interpretation and policy statement about Section103(a) can be accessed at: http://www.cpsc.gov/about/cpsia/sect103policy.pdf<br />Earlier this year, we wrote that the CPSC announced it voted unanimously (2-0) to issue a one-year stay of enforcement for certain testing and certification requirements that are also part of the CPSIA and which were to have become effective on February 10, 2009. The stay applied to manufacturers and importers of regulated products, including products intended for children 12 years old and younger and provides limited relief from the testing and certification requirements for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among others.</p><p>Children&rsquo;s product manufacturers and importers of all sizes will not be required to test or certify to these new requirements, but must meet the lead and phthalates limits, mandatory toy standards, and other requirements.</p><p>The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay. The delay provides CPSC staff with additional time to finalize four proposed rules, which could relieve certain materials and products from lead testing, as well as to issue additional guidance on when testing is required and how such testing is to be conducted.<br /></p>]]></content:encoded>
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		<title>Reflections of Magic Mirrors Recalled Due to Impact, Laceration Hazards</title>
		<link>http://www.yourlawyer.com/articles/read/16794</link>		
		<pubDate>Mon, 27 Jul 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16794</guid>
		<description><![CDATA[Lyne Yi International has recalled about 600 &ldquo;Reflections of Magic&rdquo; Hanging Mirrors imported by the Bradford Exchange Ltd., of Niles, Illinois. The recall has been issued because the metal plate used for hanging the mirror can become detached and cause the mirror to fall, posing an impact or laceration hazard to consumers, the U.S. Consumer Product Safety Commission (CPSC) just announced.To date, 10 reports were received of metal...]]></description>
			<content:encoded><![CDATA[<p>Lyne Yi International has recalled about 600 <a href="http://www.yourlawyer.com/practice_areas/product_liability">&ldquo;Reflections of Magic&rdquo; Hanging Mirrors</a> imported by the Bradford Exchange Ltd., of Niles, Illinois. The recall has been issued because the metal plate used for hanging the mirror can become detached and cause the mirror to fall, posing an impact or laceration hazard to consumers, the <a href="http://www.cpsc.gov/">U.S. Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>To date, 10 reports were received of metal plate detachment from the mirrors while hanging on the wall. One consumer reported being cut while cleaning up the broken mirror.</p><p>The &ldquo;Reflections of Magic&rdquo; mirror is oval mirror and measures 29 inches high and 26 inches wide. The mirror has a border decorated with animated characters and its SKU number 01-4326-001 can be found on the package. The recalled Reflections of Magic mirrors were sold through the Bradford Exchange, Ltd. mail order catalogue and direct mail, and the collectiblestoday.com Web site from November 2008 through March 2009 for about $165.</p><p>The CPSC is advising consumers to stop using the mirrors with loose hanging devices immediately and contact the Bradford Exchange for instructions and to receive a refund. The Bradford Exchange can be reached toll-free at 1-866-903-2755 Monday through Friday between 7:00 a.m. and 6:00 p.m. Central Time or by logging on at: www.collectiblestoday.com</p><p>The recalled Reflections of Magic mirror was manufactured in China. In recent years, imports from China have been at the center of safety worries in the United States and other countries. For instance, there was a heparin contamination with a counterfeit ingredient that was implicated in dozens of deaths in the U.S., and hundreds of serious reactions both here and abroad. The U.S. Food and Drug Administration (FDA) also issued recalls of several foods imported from China that may have been tainted with the industrial chemical melamine. Melamine tainted dairy products hospitalized thousands of children in that country.</p><p>We have also long been reporting that despite federal lead standards and that many consider lead poisoning to be one of the most important chronic environmental illnesses affecting children today, toys&mdash;many imported from China&mdash;continue to be made with elements that exceed federal standards and that could pose serious, sometimes fatal, health concerns.<br /></p>]]></content:encoded>
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		<title>MarineTech Products Recalls Tabletop Rope Cutters</title>
		<link>http://www.yourlawyer.com/articles/read/16703</link>		
		<pubDate>Thu, 02 Jul 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16703</guid>
		<description><![CDATA[MarineTech Products has recalled about 450 Tabletop Rope Cutters because the recalled rope cutters can overheat, posing fire and burn hazards, the Consumer Product Safety Commission (CPSC) just announced.The Tabletop Rope Cutter product safety recall was voluntarily conducted by MarineTech Products, of White Bear Lake, Minnesota, in cooperation with the CPSC because the recalled rope cutters can overheat, which can result in fire and burn...]]></description>
			<content:encoded><![CDATA[<p>MarineTech Products has recalled about 450 <a href="http://www.yourlawyer.com/practice_areas/product_liability">Tabletop Rope Cutters</a> because the recalled rope cutters can overheat, posing fire and burn hazards, the <a href="http://www.cpsc.gov/">Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The Tabletop Rope Cutter product safety recall was voluntarily conducted by MarineTech Products, of White Bear Lake, Minnesota, in cooperation with the CPSC because the recalled rope cutters can overheat, which can result in fire and burn hazards.</p><p>MarineTech Products has received four reports of the rope cutters overheating. No injuries or property damage have been reported, to date.</p><p>The recalled MarineTech Tabletop Rope Cutters are used for cutting and cauterizing rope. This recall includes MarineTech part number 75-7070 and West Marine part number 559419. The Marine Tech part number is located on the side of the rope cutter. &ldquo;Panther&rdquo; is printed on the rope cutter.</p><p>The recalled MarineTech Tabletop Rope Cutters were manufactured in Taiwan and sold at West Marine stores nationwide from December 2006 through April 2009 and retailed for about $100.</p><p>The CPSC is advising consumers to immediately stop using the recalled MarineTech Tabletop Rope Cutters and to contact MarineTech to receive a free replacement rope cutter. MarineTech is directly contacting purchasers of this product.</p><p>MarineTech can be reached toll-free at 1-800-634-7838 between 9:00 a.m. and 4:00 p.m. Central Time, Monday through Friday, or at the firm&rsquo;s Web site at www.marinetech.info<br /><br /></p>]]></content:encoded>
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		<title>Polaris Recalls Snowmobiles For Loss of Control Hazard</title>
		<link>http://www.yourlawyer.com/articles/read/16704</link>		
		<pubDate>Thu, 02 Jul 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16704</guid>
		<description><![CDATA[Polaris Industries Inc., of Medina, Minnesota has issued a recall for about 800 Polaris Assault model-year 2009 Snowmobiles due to loss of control hazard, the U.S. Consumer Product Safety Commission (CPSC) just announced.The bolts on the rear suspension of the Polaris Assault Snowmobiles can break, causing the rail tip to become dislodged, which can interfere with the snowmobile&rsquo;s track. This can cause the track to lock up and the rider to...]]></description>
			<content:encoded><![CDATA[<p>Polaris Industries Inc., of Medina, Minnesota has issued a recall for about 800 P<a href="http://www.yourlawyer.com/practice_areas/product_liability">olaris Assault model-year 2009 Snowmobiles</a> due to loss of control hazard, the U.S. <a href="http://www.cpsc.gov/">Consumer Product Safety Commission</a> (CPSC) just announced.</p><p>The bolts on the rear suspension of the Polaris Assault Snowmobiles can break, causing the rail tip to become dislodged, which can interfere with the snowmobile&rsquo;s track. This can cause the track to lock up and the rider to lose control of the snowmobile, posing a risk of injury.</p><p>To date, Polaris Industries has received reports of eight incidents in which the rail tip bolts broke, two of which resulted in the rider being ejected from the snowmobile. No injuries have been reported.</p><p>This recall involves 2009 Polaris 800 Assault RMK 146 snowmobiles model numbers S09PL8EE and S09PL8ES. &ldquo;Assault 800&rdquo; is printed on the snowmobile&rsquo;s hood; &ldquo;Polaris&rdquo; is written on the seat. The model number is located on the right side of the tunnel below the seat. The snowmobiles are red and black.</p><p>The recalled Polaris Assault Snowmobiles, which sold for about $10,600 were manufactured in the United States and sold by Polaris dealers nationwide from September 2008 through June 2009.</p><p>The CPSC is advising consumers to immediately stop using the recalled Polaris Assault Snowmobiles and contact any Polaris snowmobile dealer to schedule a free repair. Polaris has notified registered consumers directly about this recall.</p><p>Polaris Industries can be reached toll-free at 1-888-704-5290 between the hours of 8:00 a.m. and 5:00 p.m. Central Time, Monday through Friday, or at the firm&rsquo;s Web site at www.polarisindustries.com</p><p>This is not the first time that the CPSC and Polaris Industries have announced a recall for Polaris Industries&rsquo; snowmobiles. In 2005, approximately 8,000 Polaris Industry snowmobiles were recalled for loss of control and burn risks. In that recall, there were a number of defects involved. The nut that fastened the upper control arm ball joint to the suspension spindle could loosen. Under continued operation, the defect could allow the spindle to break and release the upper control arm, posing a risk of loss of control of the vehicle. The fuel tanks could also contact the chassis along the bulkheads, which could lead to wear on the tank walls, posing fuel leakage and possible fire hazard to consumers. The gasket sealing the fuel pump assembly to the tank could also develop cracks, which could pose a risk of fuel leakage and fire hazard to consumers. Polaris received 32 reports of spindle damage and two reports of fuel leaks in that recall.<br /></p>]]></content:encoded>
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		<title>Kellogg Settles With FTC Over False Claims</title>
		<link>http://www.yourlawyer.com/articles/read/16459</link>		
		<pubDate>Tue, 21 Apr 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16459</guid>
		<description><![CDATA[Media outlets are confirming that Kellogg Company agreed yesterday to settle charges with the Federal Trade Commission (FTC) that it used false advertising to tout its Frosted Mini-Wheats cereal.&nbsp; The national television ads falsely boast benefits children receive after eating a breakfast of Kellogg&rsquo;s Frosted Mini Wheats, saying that children who eat the breakfast cereal experience a 20 percent improvement in attentiveness over...]]></description>
			<content:encoded><![CDATA[Media outlets are confirming that Kellogg Company agreed yesterday to settle charges with the Federal Trade Commission (FTC) that it used <a href="http://www.yourlawyer.com/practice_areas/other_topics">false advertising</a> to tout its Frosted Mini-Wheats cereal.&nbsp; The national television ads falsely boast benefits children receive after eating a breakfast of Kellogg&rsquo;s Frosted Mini Wheats, saying that children who eat the breakfast cereal experience a 20 percent improvement in attentiveness over children who skipped breakfast, reported the San Francisco Gate, citing the <a href="http://www.ftc.gov/opa/2009/04/kellogg.shtm">FTC</a>.<br /><br />Apparently, the study Kellogg Company cited in its ad campaign did see a benefit from eating the cereal, but only in half of the children studied and only 11 percent of those children&rsquo;s attention improved by the so-called 20 percent, said the San Francisco Gate.&nbsp; Market Watch reported that the proposed settlement bans Kellogg Company from making these types of claims about Frosted Mini-Wheats and also bans Kellogg from misrepresenting &ldquo;future test or research results about any morning or snack food products.&rdquo;&nbsp; Food Product Design said that the FTC claim involved statements by Kellogg Company that Frosted Mini-Wheats are &quot;clinically shown to improve kids' attentiveness by nearly 20 percent.&quot;&nbsp; Not only are the claims false, said Food Product Design, but they violate federal law.<br /><br />Under the proposed consent agreement, Kellogg Company is no longer allowed to make deceptive or misleading cognitive health claims for its breakfast and snack foods, and is also prohibited from &ldquo;misrepresenting any tests or studies,&rdquo; said Food Product Design.<br /><br />&ldquo;We tell consumers that they should deal with trusted national brands,&rdquo; FTC Chairman Jon Leibowitz said in a statement, quoted the Associated Press (AP). &ldquo;So it&rsquo;s especially important that America&rsquo;s leading companies are more attentive to the truthfulness of their ads and don&rsquo;t exaggerate the results of tests or research.&rdquo;<br /><br />Center for Science in the Public Interest&rsquo;s (CSPI) legal affairs director, Bruce Silverglade, pointed out that some smaller companies have been guilty of false advertising; however, &ldquo;it&rsquo;s truly disappointing to see a major company like Kellogg&rsquo;s stoop to that level,&rdquo; quoted the AP.&nbsp; CSPI is a Washington-based consumer-advocacy group.&nbsp; CPSI also stated that it wants Kellogg to stop using synthetic food dyes found in some varieties of Mini-Wheats, said the AP, adding that the group said the dyes aggravate some hyperactivity and behavioral problems in children.<br /><br />Meanwhile, this is not the first time a major company has been caught making false claims about its products.&nbsp; In January we wrote about how the Coca-Cola Company was being sued over false claims about some of its beverages in the second such scandal over its deceptive marketing practices.&nbsp; According to a prior Reuters article, CPSI was suing the soft drink giant in a class action lawsuit that accused it of making false claims about its Vitaminwater drinks.&nbsp; That lawsuit followed an earlier warning by the U.S. Food and Drug Administration (FDA) about its marketing of Diet Coke Plus, said Reuters, in which it claimed that Diet Coke Plus includes vitamins and minerals, which violate U.S. policy against marketing soda and other snack foods as more nutritious, or &quot;fortified.&quot;<br /><br />]]></content:encoded>
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		<title>Three CPSC Recalls:  Wire Splices, Bicycle Forks, and Ventilators</title>
		<link>http://www.yourlawyer.com/articles/read/15006</link>		
		<pubDate>Fri, 22 Aug 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/15006</guid>
		<description><![CDATA[The Consumer Product Safety Commission (CPSC), in collaboration with the firms named below, has issued three separate recalls.About 53,000 Electrical Wire Splices&mdash;known as Butt Splice Connectors&mdash;manufactured by Molex of Lisle, Illinois were recalled because the splice can fail to appropriately hold the wires together, posing a shock and fire hazard. Gardner Bender received one report of a recalled butt splice failing to hold wires...]]></description>
			<content:encoded><![CDATA[<p>The Consumer Product Safety Commission (CPSC), in collaboration with the firms named below, has issued <a href="http://www.yourlawyer.com/practice_areas/product_liability">three separate recalls</a>.</p><p>About 53,000 Electrical Wire Splices&mdash;known as Butt Splice Connectors&mdash;manufactured by Molex of Lisle, Illinois were recalled because the splice can fail to appropriately hold the wires together, posing a shock and fire hazard. Gardner Bender received one report of a recalled butt splice failing to hold wires together.&nbsp; The splices are used to connect wires to one another and generally for wiring small electrical appliances.&nbsp; The splices are yellow insulated vinyl and measure about one inch long and &frac14; inch wide and were intended for use with 12-10 AWG wire. 12-10 is stamped on the side of the splices; model numbers 10-126, or 21-126, and Gardner Bender are printed on the packaging.&nbsp; The splices were sold in packages of eight or 50 for $1-$5 at electrical distributors, hardware stores, and home centers nationwide June 2005-April 2008.&nbsp; The splices were made in the U.S.&nbsp; Consumers should immediately stop using products containing the recalled splices and contact the firm for free replacement splices at 800-624-4320 8:00 a.m.-5:00 p.m. CT Monday through Friday or www.gardnerbender.com.</p><p>About 5,800 Wolf SL Carbon Fiber Bicycle Forks, manufactured in China and imported by Cerv&eacute;lo SA, of Switzerland for True Temper Composite Material Products Co. Ltd, of Guangzhou, China have been recalled because the fork&rsquo;s steerer can break, causing the rider to lose control, fall, and suffer serious injuries.&nbsp; Cervelo has received 12 such reports of forks damage; one person suffered a broken wrist and another minor abrasions.&nbsp; The forks&mdash;which retailed for about $475&mdash;have a clear coating over black painted carbon fiber, with &ldquo;Wolf Superlite&rdquo; and related logo just below the crown on each fork leg, and the letters &ldquo;SL&rdquo; on each leg above the fork blade dropouts.&nbsp; The True Temper CRT&trade; logo is on the inside of both legs. The recalled forks could have been included on the following bicycle models: R3, R3 SL, Soloist Carbon, Soloist Carbon SL, and certain P3 Carbon framesets and complete bicycles and were sold by independent bicycle retailers nationwide November 2005-July 2007.&nbsp; Consumers should immediately stop using bicycles equipped with the recalled forks and contact their authorized Cerv&eacute;lo dealer for a free replacement fork installation.&nbsp; Consumers can reach Cerv&eacute;lo toll-free at 866-296-3137 10:00 a.m.-5:00 p.m. ET Monday-Friday, or at www.cervelo.com/WolfSLRecall.</p><p>About 3,400 Light Commercial Heat Recovery Ventilators, manufactured by Venmar CES Inc., of Saskatoon, Canada were recalled as these units&rsquo; motors can overheat, posing a fire hazard.&nbsp; Venmar received three reports of ventilator motors overheating, resulting in fires which caused property damage.&nbsp; The ventilators are designed to exchange air between the inside and outside of a building or home in order to provide fresh air. The recall includes:&nbsp; Flair:&nbsp; 150/300 Compact, 300/600 Compact; Venmar:&nbsp; 6LC, HRV600i, 12LC, HRV1200i; PrepAir:&nbsp; PrepAir600i, PrepAir1200i; VanEE: 6LC, 12LC; Carrier: 62AA-064---101XX, 62AA-127---101XX; York: VIXRDXXA01; Heil:&nbsp; VRC 300 Compact, VRC 600 Compact; Aston: HRV600i, HRV1200i; Broan:&nbsp; HRV650, HRVl150; and Venmate: 600H, 1200H.&nbsp; The model number&rsquo;s &quot;X&quot; can be a letter or number and appears on a silver or black label on the outside panel.&nbsp; The ventilators were sold by heating, plumbing, and building supply distributors nationwide January 1991-July 2007 and retailed for $1,700-$2,000.&nbsp; Consumers are advised to immediately turn off the ventilator, disconnect it from the power supply, and contact Venmar to schedule a technician to install a free repair at 866-698-6283 7:00 a.m.-11:00 p.m. ET Monday-Sunday or at www.venmarces.com.<br /></p>]]></content:encoded>
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		<title>UnitedHealthGroup Cheated Customers, NY Attorney General Claims</title>
		<link>http://www.yourlawyer.com/articles/read/13879</link>		
		<pubDate>Thu, 14 Feb 2008 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13879</guid>
		<description><![CDATA[New York State Attorney General Andrew Cuomo said yesterday he is suing UnitedHealthGroup&mdash;the nation&rsquo;s largest health insurer and its subsidiary Ingenix.&nbsp; The New York attorney general also launched an industry-wide investigation into health care reimbursements.&nbsp; Cuomo alleges that UnitedHealthGroup&nbsp; manipulated data to cheat consumers, and he believes some insurance companies have been underpaying customers for a...]]></description>
			<content:encoded><![CDATA[New York State Attorney General Andrew Cuomo said yesterday he is suing UnitedHealthGroup&mdash;the nation&rsquo;s largest health insurer and its subsidiary Ingenix.&nbsp; The New York attorney general also launched an industry-wide investigation into health care reimbursements.&nbsp; Cuomo alleges that <a href="http://www.yourlawyer.com/topics/overview/bad_faith_insurance">UnitedHealthGroup</a>&nbsp; manipulated data to cheat consumers, and he believes some insurance companies have been underpaying customers for a decade,&nbsp; An investigation revealed two UnitedHealthGroup subsidiaries&mdash;United HealthCare Insurance Co. of New York Inc. and United Healthcare of New York Inc.&mdash;manipulated data to severely under-reimburse customers, to the tune of millions.&nbsp; Cuomo has not yet filed charges, but said investigators found UnitedHealthGroup and its subsidiaries lied about data and manipulated numbers.<br /><br />Cuomo said he would file a civil lawsuit to include three other subsidiaries of UnitedHealthGroup.&nbsp; He&nbsp; has subpoenaed 16 insurers, including Aetna, CIGNA, and Empire BlueCross BlueShield requesting they provide documents on how they computed reimbursements; copies of member complaints and appeals; and communications between members, Ingenix, and insurers. &#8232;&#8232;Cuomo's office said they found Ingenix&rsquo;s reimbursement database&mdash;owned by UnitedHealthGroup and used by most major insurers&mdash;used data resulting in smaller payouts.<br /><br />Linda Lacewell, head of Cuomo's health care industry taskforce, said, &quot;United has a track record that stretches from Monterey to Montauk.&quot;&nbsp; The potentially affected insured were those with &quot;out-of-network&quot; insurance allowing them treatment from doctors of their choice.&nbsp; About 28,000 Long Islanders have such policies with United, a Cuomo spokesman said.&nbsp; &quot;When insurers like United receive convoluted and dishonest systems for determining the rate or reimbursement, real people get stuck with excessive bills and are less likely to seek the care they need,&quot; Cuomo said.<br /><br />United said it is talking with Cuomo, &quot;The reference data is rigorously developed, geographically specific, comprehensive, and organized using a transparent methodology that is very common in the healthcare industry.&quot;&#8232;&#8232;Empire president Mark Wagar said they would continue to work with Cuomo to determine whether information used was inaccurate, &quot;If that is found to be the case, Empire would consider any and all remedies available to protect the interests of our members, their families, our group customers, and providers in the New York marketplace and to maintain our company's historic commitment to fair and reasonable coverage.&quot;<br /><br />Reimbursement is based on &quot;reasonable and customary&quot; geographic pricing; however, Cuomo said that while the United companies that used the database knew customary charges for a doctor's visit might average $200, reimbursement was based on a $77 rate; therefore, customers receiving 80 percent reimbursements would get about $61. &#8232;&#8232;&quot;Based on the findings in this investigation,&quot; Consumers Union program director Chuck Bell said, &quot;it appears that United Health failed to fulfill the promises it made to cover a fair portion of medical expenses and consumers were stuck with the bill.&quot;<br /><br />Dr. Nancy Nielsen, president-elect of the American Medical Association said, &quot;The investigation launched today by New York Attorney General Andrew Cuomo calls into question the validity of a system that health insurers have used for years to reimburse physicians and their enrolled members.&quot;&#8232;&#8232;Dr. Robert Goldberg, president of the Medical Society of the State of New York, supported Cuomo&rsquo;s investigation, saying there will be &quot;long-term benefits to health care in New York&quot; as a result of cracking down on reimbursement pricing.<br /><br />]]></content:encoded>
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		<title>Dannon Lawsuit Disputes Yogurt Health Claims</title>
		<link>http://www.yourlawyer.com/articles/read/13743</link>		
		<pubDate>Thu, 24 Jan 2008 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13743</guid>
		<description><![CDATA[Dannon Co. is being for claiming that some of its yogurts provide a health benefit that other yogurts do not.&nbsp; A proposed class action suit was filed on Wednesday in California&rsquo;s Los Angeles federal court accusing Dannon of falsely advertising its Activia, Activia Lite, and DanActive products.&nbsp; The suit claims Dannon initiated a massive false advertising campaign in order to convince consumers to pay more for yogurt containing...]]></description>
			<content:encoded><![CDATA[Dannon Co. is being for claiming that some of its yogurts provide a health benefit that other yogurts do not.&nbsp; A proposed class action suit was filed on Wednesday in California&rsquo;s Los Angeles federal court accusing Dannon of falsely advertising its Activia, Activia Lite, and DanActive products.&nbsp; The suit claims Dannon initiated a massive <a href="http://www.yourlawyer.com/topics/overview/consumer_news">false advertising campaign</a> in order to convince consumers to pay more for yogurt containing probiotic bacteria.<br /><br />Probiotic is a term that means &ldquo;for life.&rdquo;&nbsp; The human intestinal tract is filled with a huge amount of helpful, probiotic bacteria, which is a good thing since the human body is designed to have symbiotic relationships with probiotic bacteria which assist in digestion and destroy harmful microorganisms.&nbsp; Science indicates that as the body ages, the intestinal tract becomes more rigid at only accepting intestinal flora it recognizes; it is difficult for body to recognize or tolerate new good bacteria.&nbsp; Also, good bacteria decrease; therefore, it is important to supplement with probiotics, initiating this process early on in life.<br /><br />Anecdotal evidence suggests friendly bacteria help a variety of digestive problems; however, in the U.S., no health claims for probiotics have been approved.&nbsp; The United Nation's Food and Agriculture Organization defines probiotics as live microorganisms...which confer a beneficial health effect on the host.&nbsp; In other words, for bacteria to be considered a probiotic, it must be beneficial to humans. As a result, if food manufacturers label a food as containing probiotics, the benefits must be proven by research.<br /><br />The lawsuit against Dannon alleges that Dannon's own studies failed to support its advertised claims that its Activia, Activia Lite and DanActive were &quot;clinically&quot; and &quot;scientifically&quot; &quot;proven&quot; to have health benefits that other yogurts did not.&nbsp; The suit seeks reimbursement for all U.S. purchasers of Activia, Activia Lite and DanActive and demands Dannon correct their advertising campaign.&nbsp; According to Dannon spokesman Michael Neuwirth, Dannon is unaware of the lawsuit maintains &quot;the claims of our products and the clinical studies which support them.&quot;<br /><br />Dannon Co, a unit of France's Groupe Danone has relied on Activia and DanActive to help boost its U.S. yogurt business.&nbsp; Activia, launched in the U.S. in 2006; DanActive, in 2007.&nbsp; Both are expected to account for at least 40 percent of the company's U.S. yogurt business in 2008, Juan Carlo Dalto, Dannon chief executive, told Reuters in November.&nbsp; Activia's packaging says it contains &quot;bifidus regularis,&quot; which &quot;helps naturally regulate your digestive system.&quot;&nbsp; Dannon has claimed that its dairy drink DanActive &quot;has been clinically proven to help naturally strengthen the body's defenses when consumed daily,&quot; the lawsuit said.&nbsp; The lawsuit also claims Dannon has spent &quot;far more than $100 million&quot; to convey deceptive messages to U.S. consumers while charging 30 percent more that other yogurt products.&nbsp;&nbsp; The lawsuit also cited scientific reports showing, counter to Dannon's advertising, that there was no conclusive evidence that the bacteria prevented illness or was beneficial to healthy adults and that Dannon knew this.&nbsp; The ads helped Dannon sell hundreds of millions of dollars of ordinary yogurt at inflated prices, plaintiffs' attorney Timothy Blood of Coughlin Stoia Geller Rudman &amp; Robbins said.<br /><br />]]></content:encoded>
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		<title></title>
		<link>http://www.yourlawyer.com/topics/overview/consumer_news</link>		
		<pubDate>Thu, 24 Jan 2008 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
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		<description><![CDATA[PARKER &amp; WAICHMAN, LLP - Consumer AlertAugust, 2006HELMET SAFETY While helmet usage is on the rise, many people &ndash;both adults and kids- still neglect to strap one on before climbing aboard a bike, clamping on rollerblades or pushing off on a skateboard.The bottom line: Leaving your helmet behind is dangerous&mdash;and potentially deadly.Head injuries cause three-quarters of the about 800 bicycle deaths each year, according to the...]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;">PARKER &amp; WAICHMAN, LLP - Consumer Alert<br />August, 2006<br /><br />HELMET SAFETY </span><br /><br />While helmet usage is on the rise, many people &ndash;both adults and kids- still neglect to strap one on before climbing aboard a bike, clamping on rollerblades or pushing off on a skateboard.<br /><br />The bottom line: Leaving your helmet behind is dangerous&mdash;and potentially deadly.<br /><br />Head injuries cause three-quarters of the about 800 bicycle deaths each year, according to the Bicycle Helmet Safety Institute.<br /><br />Another 82,000 people suffer brain injuries each year while playing sports, according to the Brain Injury Association in Alexandria, Va.<br /><br />Regardless of the sport, helmets cushion the blow of a fall, hit or other impact on the head. Nearly all helmets are made with expanded polystyrene, the same material found in picnic coolers.&nbsp; Style and construction vary by sport, and you need to use the helmet appropriate for the activity. <br /><br />Here is some guidance on finding the proper helmet for your favorite sport.<br /><br /><span style="font-weight: bold;">Biking and Rollerblading <br /></span>Although one helmet will work for both biking and rollerblading, serious skaters should consider using a helmet that offers the best protection possible for the back of the head&mdash;the most likely area to hit the ground.<br /><br />The Consumer Product Safety Commission says to wear the helmet low on your forehead, about two finger widths above your eyebrows. Sit the helmet evenly between your ears and flat on your head. Adjust the straps and pads so the helmet is snug and secure and doesn&rsquo;t move up and down or side to side when the strap is tightened, according to the CPSC.<br /><br />Make certain any attached mirrors can break away during a fall. Remove visors that can shatter and cut your face.<br /><br /><span style="font-weight: bold;">Skateboarding<br /></span>Unlike bike helmets, skateboarding helmets are designed to withstand multiple blows. Helmets for this sport are different because crashes are more frequent and less severe, the CPSC reports.&nbsp; <br /><br />Look for proper fit and a sturdy chin strap. Padding should not restrict circulation and should not be so loose that the helmet can fall off. Also, notice whether the helmet blocks your vision and hearing.<br /><br />You should also be mindful of when to replace your helmet. Some helmets need to be replaced after you&rsquo;ve been in a collision. Others, such as for skateboarding, are designed for multiple knocks. Read your helmet&rsquo;s instruction manual.<br /><br />Parents need to establish a &ldquo;helmet habit.&rdquo; Children are more likely to wear helmets if their parents do and if they&rsquo;re introduced to them early. <br /><br />Finally, look for a manufacturer&rsquo;s sticker citing compliance with the CPSC standard when buying a helmet.&nbsp; You can also look for independent certification by the Snell Memorial Foundation or the Safety Equipment Institute.<br /><br />For more information visit www.helmets.org or www.cpsc.gov.&nbsp; <br />&nbsp;<br style="font-weight: bold;" /><span style="font-weight: bold;">RESPECT LARGE TRUCKS - Avoid Trucker&rsquo;s Blind Spots When Driving </span><br />Passenger vehicle operators &mdash; not truck drivers &mdash; cause approximately 70 percent of all fatal crashes involving a car and commercial truck, according to federal government statistics. Most accidents are the result of an unsafe driving act, such as following a truck too closely or lingering in its blind spot.<br />The following precautions will help you safely share the road with large trucks: <br />&bull; Beware of blind spots. Approximately 35 percent of truck-related auto fatalities occur in a truck&rsquo;s blind spots. Tractor trailers have very large blind spots &mdash; as much as 30 feet behind the truck. Always try to pass on the left side; the blind spot on the right side is much larger (running the length of the truck and extending out nearly three lanes.) <br />&bull; Stay back. When following a truck, try to maintain a distance of 20 to 25 car lengths. Driving too closely behind a truck gives you little or no time to react to changing conditions. <br />&bull; When passing a truck, do not loiter in the blind spot. Before moving back into the truck&rsquo;s lane, be sure you can see its headlights in your rearview mirror. Most fully-loaded semi trucks driving at highway speeds need 100 yards &mdash; that&rsquo;s the length of one football field &mdash; to come to a safe stop. Leave them plenty of space. <br />Many car-truck accidents occur during and right after rain storms. During the summer thunderstorm season the National Traffic Safety Board says to remember that when roads become wet you must slow down, turn on your lights, and maintain a safe distance between you and any other vehicle. If your tires start to hydroplane, take your foot off the accelerator (if manual transmission, engage the clutch) and don&rsquo;t slam on your brakes.]]></content:encoded>
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