Common Law - The FindLaw Consumer Protection Law Blog

September 2011 Archives

California-based True Leaf Farms has voluntarily recalled its romaine lettuce over Listeria concerns.

This move comes after the widely-publicized cantaloupe recall. The listeria-tainted cantaloupe has sickened 84 people in 18 states with Listeria infections. It has killed as many as 16.

The recalled romaine lettuce was shipped out between September 12 and 13. The greens were sent to distributors in 21 states and Canada. The affected produce has a use-date of September 29.

The recall comes after FDA testing revealed the presence of Listeria in the chopped romaine. So far there are no reported illnesses.

With the growing number of Listeria-related recalls, some consumers may be wondering where this bacteria comes from.

It grows in soil and water. It can be transmitted through animals that carry the infection. Listeria can contaminate meat and dairy products as well as produce.

Who is most at risk? Pregnant women and the elderly. In fact, women who are expecting are about 20 times more likely than healthy adults to succumb to an infection.

In the U.S., about 2,500 people become sick with Listeria infections every year. Out of those, around 500 die.

Typical symptoms of Listeria are similar to the flu. Pregnant women who come down with the illness may end up with a miscarriage, a stillbirth, or a premature delivery. Mothers can pass on their infection to their newborns.

What can consumers do to safeguard against a Listeria? Try to keep uncooked meats away from produce and ready-to-eat foods. Wash hands, cutting boards, and cooking surfaces after preparing meals. And thoroughly wash vegetables before eating them.

These tips may not completely safeguard you against infection, but can help avoid some of the dangers. For more information about the romaine lettuce Listeria recall, visit True Leaf Farm's website.

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BofA Debit Card Use Fee Will be $5 Per Month

As the largest bank in the United States, the newly announced BofA debit card fee has a lot of consumers unhappy.

Beginning next year, customers who make debit card purchases will be charged a $5 monthly fee. Use of Bank of America ATMs will be free, and there will be no charge if no purchases are made.

Cards tied to Merrill Lynch brokerage accounts will also not be charged.

The move is part of an industry-wide bid to weather the ailing economy and new regulation. Starting on October 1, merchant processing fees will be legally capped at 21 cents per transaction. When combined with low interest rates and high capital requirements, Reuters reports that bank profits are expected to fall.

A spokesperson for the bank also told Reuters that the fees will offset overdraft and fraud protection features.

The BofA debit card is not the first of its kind. Chase and Wells Fargo are testing $3 fees in some markets, and the Associated Press reports that a number of regional banks have also instituted fees.

Banks have also started charging for basic accounts that don't meet monthly deposit and/or balance minimums.

For those who don't wish to pay the fee, there are a few options.

First, you can make all of your purchases on a credit card or with cash. Second, you can change banks. Smaller banks are less likely to have fees, and may allow you to use any ATM.

Unfortunately, there's not much more that can be done about the BofA debit card fee.

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Concerns over OnStar privacy and tracking seem to have quickly fizzled out.

The company, which uses GPS to track subscriber vehicles, had planned to change its Terms and Conditions on December 1. Built-in devices would continue to transmit information after cancellation unless drivers opted out.

The system would still collect location, speed, seat belt use, air bag deployment and odometer readings. This data could then be sold to third parties.

After a public uproar, including admonishment from Senator Charles Schumer, OnStar has backed down. Two-way transmission will automatically be turned off after cancellation, reports NPR. Users can also opt-in for continued monitoring at that time.

However, current subscriber data will still be tracked. OnStar also still reserves the right to sell this information, though it has not. A company spokesperson has also made clear that it will alert users should such a time come.

It's still unclear how OnStar would use this data. The company believes that it could be valuable for manufacturers and customers alike, according to NPR. Car companies could design better vehicles, and users could receive natural disaster alerts or recall and warranty notifications.

These reasons may seem a bit suspect. Recall and warranty information are sent to a car owner's home. Emergency alerts can be viewed on roadway signs, or heard on the radio or television.

If you are still concerned about OnStar privacy, the company's terms of service specifically state which types of data it collects. Read through the terms carefully and decide whether you have cause to be worried.

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If you bought Reebok toning shoes, you may be getting some of your money back. Reebok is now paying refunds over the toning shoes after settling with the FTC for "deceptive advertising." The settlement is a whopping $25 million.

Reebok's EasyTone walking shoes and RunTone shoes cost between $80-100 a pair. EasyTone flip flops set consumers back $60.

Reebok claimed the shoes had special technology that strengthens muscles while walking. The company even cited statistics to back up the shoe's health claims.

Reebok's ads touted 28% more muscle toning for buttock muscles compared to regular shoes. The company also said it provided 11% more toning in calf and hamstring muscles.

All of these statistics were unfounded, as an FTC investigation found no scientific evidence of toning.

The FTC says that companies like Reebok need to ensure their advertising claims are backed up with real science. Reebok is now barred from making claims that their EasyTone and RunTone shoes tone up muscles until they have proof.

Reebok isn't the only company that has advertised "toning" shoes. Skechers also produce such shoes. Experts have routinely questioned the purported benefits of wearing these shoes. They say that the clunky footwear can even cause injuries.

Consumers can get a piece of the $25 million Reebok refund for their toning shoes by applying on the FTC website. Consumers who purchased a pair of Reebok toning shoes starting December 5, 2008 are eligible. The size of the refund will depend on how many consumers apply, the Los Angeles Times reports.

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Pricing Disputes: You Pay the Lowest Marked Price

Ever gotten into a pricing dispute? You know, when a retailer tries to charge you more than the listed price?

Well, just because the computer contains the wrong price, it doesn't mean you need to pay it. In almost every jurisdiction, you are entitled to pay the lowest advertised and/or marked price.

To require you to pay anything more may violate advertising laws and can result in fines from state and local entities.

So what should you do if you are charged the wrong price?

  1. Explain the price discrepancy to the cashier.
  2. If denied, explain the price discrepancy to the manager.
  3. Provide evidence, such as an advertisement, coupon or price tag.
  4. Verify that the evidence matches the item. You may need to compare UPC numbers.
  5. If still overcharged, send evidence and a polite letter to corporate headquarters.

Keep in mind that items may not be wrongly priced, but merely placed in the wrong spot. Customers move things, so you may need to find the actual shelf tag.

However, if an employee failed to update the tag, or failed to change numbers in the pricing gun, you should be entitled to the lower price.

If management refuses to charge you the marked price, you still have another option. Every state, and most counties, have an agency that regulates weights and measures.

These departments often conduct price inspections, and will investigate complaints. It is their job to ensure that retailers are not overcharging.

So the next time you're involved in a pricing dispute, insist that you pay the marked price. If you are forced to pay the wrong price, don't be afraid to complain.

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In an attempt to draw attention to plastic surgery safety, the American Society of Plastic Surgeons (ASPS) launched a new safety campaign last week.

The goal? To teach patients about the importance of reviewing a surgeon's credentials prior to going under the knife.

The unofficial spokeswoman? Dinora Rodriguez, a 40-year-old California woman whose surgeon left her with a "uniboob."

Rodriguez' surgeon had been recommended by a friend, reports HealthDay. But the surgeon turned out to be anything but professional.

Already sporting implants, the doctor told Rodriguez that one side was leaking. This apparently was a lie, Rodriguez says. Then, while operating, she placed the new implant in the wrong pocket, creating a uniboob.

Next, she "fixed" a facial scar without permission, permanently damaging the eyelids. Dinora Rodriguez will now never be able to fully close her eyes.

Though licensed in California, ABC News reports that the surgeon was not board-certified.

As explained on FindLaw's Injured, general physicians can perform cosmestic procedures even without certification. But if plastic surgery safety is important to you, your doctor should be certified by the ASPS.

ASPS certified plastic surgeons must undergo six years of specialized training and complete yearly educational courses. Their credentials are the accepted standard in the medical community.

They also only use up-to-date facilities, a lack of which can contribute to botched procedures.

Though board certification can't ensure a flawless procedure, it can help tip the odds in your favor. Remember, even elective procedures can be life-threatening.

So don't let the white coat fool you. Show your dedication to plastic surgery safety and research your surgeon.

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Consumers beware: there still might be Listeria in your cantaloupe. Kansas food company Carol's Cuts has issued another cantaloupe recall.

Carol's Cuts is recalling 594 pounds of sliced cantaloupe packaged in 5-pound trays. The cantaloupe is also used as an ingredient in 8-ounce mixed fruit medleys.

The cantaloupe was sent out to institutional customers, including restaurants, in Nebraska, Omaha and Kansas. Contaminated fruit may have been used in salad bars or as fruit menu items.

The company says it has notified all institutional customers of the recall. The fruit should either be returned or destroyed.

The 8-ounce fruit medley products were shipped out between August 26 and September 12. The recalled products have use dates of September 3 and September 19.

The 5-pound trays of cantaloupe chunks were shipped between August 26 and August 29. Some were shipped on September 12. These products have use dates of September 3 and September 19. The affected lot numbers are #72361 and #72700.

This recall is part of the larger cantaloupe recall linked to fruit grown and distributed by Jensen Farms, a Colorado company. The tainted fruit has caused an outbreak of Listeria infections that have killed 8 and sickened 55 in 14 different states, Fox News reports.

This number is only expected to grow. Listeria infections can take up to two months to develop. And, some consumers may still have contaminated cantaloupe in their refrigerators.

What can consumers do about the cantaloupe recall? To ensure that there is no Listeria in your cantaloupe, throw out any fruit that may be contaminated. And, bleach and disinfect your vegetable drawer and countertops, as Listeria bacteria can grow even in refrigerators.

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New PlayStation Buyers Can't Sue Sony as a Class Action

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Class action lawsuits will no longer be permitted under new PlayStation terms of service released by Sony Entertainment this week.

A response to a number of lawsuits filed on behalf of the 77 million users whose information was compromised during hacking incidents targeting the PlayStation Network, the new terms now say the following:

“Any Dispute Resolution Proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action.”

The move in favor of arbitration is supported by the Supreme Court's recent ruling in AT&T Mobility v. Concepcionwhich approved of the wireless' companies requirement that consumers individually enter into binding arbitration instead of filing class action lawsuits.

The practical effect of this change will not be significant on the consumer level, as most recover a minimal amount of compensation as a result of class action settlements.

However, forcing consumers to seek individual redress may lead to a lack of accountability on the company's part, as it is significantly more expensive for plaintiffs to sue individually as opposed to as a class.

In the following weeks, users will be asked to consent to these changes when they sign onto the PlayStation Network.

However, if you are a PSN user and do not wish to be subject to the new PlayStation terms of service, you have 30 days after accepting the terms to opt out, allowing you to take part in any future class action.

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Whooping Cough Vaccine Stops Working After 3 Years: Study

The whooping cough vaccine--commonly given as part of the DPT/Tdap trio (diphtheria, pertussis, and tetanus)--loses its effectiveness after about three years, says a preliminary medical study.

Focusing on last year's whooping cough outbreak in California, the Associated Press reports the study showed that children who received the fifth dose within the last three years were less likely to be infected with the sometimes-fatal disease.

It is recommended that children receive five doses of the whooping cough vaccine between the ages of 2 months and 6 years, with a booster shot to be administered at the age of 11 or 12.

Rates of whooping cough are significantly lower in children older than 11 or 12, according to the study. The recommended booster shot may reinforce the vaccine's effectiveness.

While this study may shed some light on why whooping cough semi-frequently reappears at an epidemic level, it is not complete, with the CDC telling the AP that the long-term effectiveness of the booster is unknown.

For this reason, schools across the country--particularly in California--are now making the whooping cough vaccine mandatory for all middle and high school students.

Though the number of cases has dropped significantly over the summer, there is some concern that a return to school will incite another epidemic.

At this point, the only way to prevent such an occurrence is to require the whooping cough vaccine. So even if your child's school doesn't mandate it, you might want to raise the issue with your family physician.

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Birth Control Recall for 1.4M Faulty Packages

Qualitest Pharmaceuticals has issued a voluntary birth control recall over faulty packaging.

The recall encompasses around 1.4 million packages of birth control distributed to both consumers and pharmacists since last year, according to CNN.

The recall concerns a packaging error, reports CNN.

Select blister packages were accidentally rotated about 180 degrees. This means that sometimes women may be taking an incorrect pill or dose. Women may accidentally take a hormone-free dummy pill on days that they should be taking pills with active ingredients.

The pills don't pose any immediate health risks, according to the New York Daily News.

The real concern is that some women may inadvertently get pregnant as a result of the faulty packaging.

The specific products under recall include Cyclafem 7/7/7, Cyclafem 1/35, Emoquette, Gildess FE 1.5/30, Gildess FE 1/20, Orsythia, Previfem and Tri-Previfem, reports CNN.

Specific lot numbers of the recalled products can be found on the Qualitest Pharmaceuticals website. Customers can also call the company between the hours of 8 a.m. and 5 p.m. CT at 1-877-300-6153 to get any of their questions answered, or to return pills.

Women who believe they may have these recalled products should check the lot numbers on the Qualitest Pharmaceuticals website, or call the company to check if their products are affected. And, while the pills aren't harmful in nature, women should be extra cautious to avoid unwanted pregnancies.

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Chinese Drywall: Homeowners Can File More Suits

A Broward County Circuit Court's recent ruling may mean that Banner Supply Co., a supplier of Chinese drywall, will soon face more lawsuits from Florida homeowners.

Banner originally settled its original drywall class action suit in June for $54 million. This settlement only covers 2,000 homeowners in Florida.

Now, the Circuit Court judge has ruled that homeowners can choose to "opt out" of the settlement and file their own separate lawsuits against the company, according to Reuters.

In many class action lawsuits, potential class members have the option to either "opt in" or "opt out" of the litigation. Those that choose to "opt in" will be bound by whatever is decided in court. Those who decide to "opt out" of the litigation generally won't be bound by whatever is decided in court and may pursue their own case.

Prior to this ruling, Florida homeowners affected by the defective drywall panels were bound by the settlement, Reuters reports.

What kind of harm does defective drywall cause? The defective Chinese drywall emits sulfur gas that can harm a home's wiring system. Defective drywall can also ruin air conditioners and other household appliances, Reuters reports.

The drywall was distributed by Banner Co., but was manufactured in China by a subsidiary of Knauf Group, a German company. Banner has filed a separate lawsuit for $100 million against Knauf for damages to its reputation and its business, according to Reuters.

Currently, there are about 1,500 lawsuits previously filed against Banner in Florida that could proceed as a result of this ruling, Reuters reports.

So far, it's unclear if this ruling will spread to other states where Banner Supply Co. sold Chinese drywall. But, it does mean that some Florida homeowners will now have the opportunity to file their own case against the company.

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Deadly Listeria in CO Cantaloupe, CDC Warns

There may be Listeria in your cantaloupe, the CDC warns. A recent outbreak of the potentially deadly bacteria has caused at least 15 hospitalizations in four states.

In Colorado alone, there have been 11 cases. Nebraska and Oklahoma each have had one case, and Texas has had two, reports WebMD.

The CDC believes the outbreak is being caused by contaminated cantaloupe fruit from the Rocky Ford region of Colorado. The agency is warning consumers to avoid fruit marketed as being from that region, according to WebMD.

This recent outbreak is the first Listeria outbreak stemming from cantaloupes in the United States.

No recall has been issued for the cantaloupes, reports The Atlanta Journal-Constitution. Colorado Agriculture Commissioner John Salazar says that the outbreak may be linked to something besides cantaloupes, such as a contaminated truck. Some grocery chains in Colorado have preemptively pulled cantaloupes from their shelves.

Listeria outbreaks primarily affect pregnant women, newborns, and those with weakened immune systems.

Symptoms of infection include fever, muscle aches, and sometimes nausea or diarrhea. The infection may spread to a person's nervous system, causing headaches, stiff necks, confusion, loss of balance and convulsions.

Listeria treatment includes taking antibiotics. But, even with prompt treatment, severe infections can result in death.

The CDC has issued several advisory guidelines as to how to best prevent getting in contact with Listeria from cantaloupes. Those at high-risk at contracting an infection should refrain from eating cantaloupes from the Rocky Ford region. Cantaloupes that are from the Rocky Ford region should be discarded in sealed plastic containers or bags to prevent other people or animals from getting to them, WebMD reports.

Those who believe they might have contracted an infection stemming from the Listeria outbreak should seek medical attention.

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Second Cargill Ground Turkey Recall as Salmonella Found Again

Cargill announced a second recall of ground turkey products Sunday. A Cargill ground turkey plant in Arkansas has again showed evidence of salmonella.

The Minnesota-based Gargill recalled about 185,000 more pounds of ground turkey, the AP reports. 

The voluntary recall comes about a month after the company recalled 36 million pounds of fresh and frozen ground turkey that health officials believe made more than 100 people sick in 26 states and caused at least one death.

The recalled turkey came from the same Cargill plant in Springdale, Ark., that was the source of the tainted turkey recalled in August.

Health officials say the recalled turkey contains Salmonella Heidelberg, a strain of salmonella that is resistant to most commonly prescribed antibiotics, the Los Angeles Times reports.

The latest recalled turkey is labeled with the brand names Honeysuckle White, HEB and Kroger. All packages include the establishment number P-963 inside the USDA mark of inspection.

Cargill has posted a list of the recalled products on its website.

In a statement, the U.S. Department of Agriculture said it had not found any illnesses caused by the latest turkey recalled. The first Cargill turkey recall followed a salmonella outbreak that federal health officials said had sickened 107 people in 31 states.

Cargill halted production of ground turkey products at the plant Aug. 2 in anticipation of the recall announced the next day, spokesman Mike Martin said. Equipment was taken apart and steam-cleaned. Limited production resumed Aug. 10 after the USDA approved additional anti-bacterial safety measures, Martin said.

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Brazilian Blowout Can Increase Cancer Risks, FDA Warns

Salon-goers beware: popular hair product Brazilian Blowout and cancer risks may be linked.

Brazilian Blowout Acai Professional Smoothing Solution, popular in salons for hair smoothing treatments, contains a liquid called methylene glycol. When heated with a blow dryer or a flat iron, the liquid could create a large amount of dangerous formaldehyde vapors, CBS News reports.

Formaldehyde vapors are carcinogenic. Short-term exposure to formaldehyde can cause watery eyes, burning sensation in the eyes, nose and throat, coughing, wheezing, nausea and skin irritation.

Long-term exposure could lead to more serious health risks. Several different expert agencies and organizations have determined that formaldehyde is possibly carcinogenic towards humans, according to the American Cancer Society.

And, Brazilian Blowout contains large levels of this potentially dangerous vapor. The government requires an occupational hazard alert if formaldehyde levels are at 0.1% or higher. Use of Brazilian Blowout products can create formaldehyde levels of 8.7-10.4%, according to CBS News.

The FDA gave the company 15 days to address these health risks. If the company does not respond, the FDA has threatened to seize the products or seek an injunction against them, reports CBS News.

The FDA also slammed the product for being misleading. The labels say that the product is "Formaldehyde Free," and does not contain any information about how formaldehyde vapors are created when the product is heated, CBS News reports.

Consumers worried about the link between Brazilian Blowout and cancer risks might want to stay away from getting a smoothing treatment at the salon. And, Brazilian Blowout may not be the only dangerous salon product out there. The Environmental Working Group conducted its own investigation into various products and found that at least 16 salon products contained high levels of formaldehyde.

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Is Netflix Enforcing One Streaming Movie at Time?

An "error" by Netflix is limiting the number of video streams some of its members can send to their computers, tablets and smartphones, the company admitted today in a statement.

A number of the entertainment service's members discovered over the Labor Day weekend that they could stream content from Netflix to only one device at a time. So if Dad was watching an action movie on his computer, Mom wouldn't be able to watch a romantic flick streamed to the Roku box in the living room.

It looked to be another blow for Netflix customers. People who pay for streaming plans could no longer watch more than one movie or show at a time on multiple devices. But, as it turns out, it's not really happening. 

For those who already decided to scrap the DVD mailing plan when the company separated its signature red envelopes from its instant viewing plan this summer, effective Sept. 1, the enforcement of Netflix's single-stream policy could have been the final straw.

Turns out, Netflix had a glitch and sent out error messages, in error.

"No Netflix member is limited to less than two concurrent streams," Netflix spokesman Steve Swasey sent in an email, Time reports. "A few Netflix members have heard differently from us, which is an error that we are correcting."

But, should they ever decide to do this in the future, Mashable reports the enforcement's most likely casualties: "The change could have a major effect on how families use Netflix. No longer can one person watch a movie from the iPad while the rest of the family watches another film on the Xbox, for example."

Although Netflilx explains that limitation in an FAQ at its website, some users didn't run into the barrier until last weekend.

"Some membership plans allow you to watch simultaneously on more than one personal computer or Netflix-ready device," a Netflix FAQ explained. "If you are on the Unlimited Streaming plan, the Unlimited Streaming + 1 DVD out-at-a-time plan or a limited streaming plan, you may watch only one device at a time."

Regardless of whether it Netflix's single streaming rule will be enforced or not, you can believe that the love affair with Netflix appears to be over.

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The Starz-Netflix partnership will come to an end on February 28 as a result of a negotiation breakdown between the online streaming company and cable content provider.

As Netflix's most valuable source for recently released movies, Starz will be taking with it films from both Walt Disney Studios and Sony Pictures, reports the Los Angeles Times.

Subscribers will only be able to access recent releases tied to Paramount Pictures, Lionsgate and MGM, as the paper further reports that HBO has refused to license the rights to 20th Century Fox, Universal Pictures and Warner Bros. films.

Though a new Starz-Netflix agreement may have netted the cable network as much as $300 million, the Times explains that the company felt that continuing its online streaming partnership would have diminished its brand.

As a premium cable network, Starz competes directly with Netflix, reports TheWrap. As a result, customers have been cancelling their Starz subscriptions and turning to Netflix, which provides a cheaper, vaster array of content.

Netflix's controversial price hike also went into effect on September 1, replacing its $9.99/month plan, which included both one DVD and unlimited streaming. The company has rolled out two separate plans--one for DVDs and one for online streaming--at $7.99/month each.

That's a 60% increase.

Subscribers who have not changed their subscriptions will be automatically enrolled in both plans, according to the Seattle Times.

Between the price hike and the lack of premium Starz Netflix content, it may be time to reevaluate your home entertainment options.

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A voluntary fuel gel recall has been announced. The use of these fuel gels, used in decorative patio lighting, can result in firepots exploding and causing burns to consumers, the Consumer Product Safety Commission reports.

The CPSC says that it has received reports of at least 75 injuries from the fuel gel products, with 34 people hospitalized and 2 deaths.

The risk is especially high when consumers are pouring the fuel gels into firepots that are already lit, as the flames can be difficult to see, reports CNN. Once the fuel gel is poured in, the flame can splash out and cause burns.

The burns are especially dangerous because the burning gel can be very difficult to get off. Water does not usually work, according to CNN. And, smothering the flame or patting the flame won't put out the fire either. The flames can be put out with a dry chemical extinguisher.

Nine companies are now involved in the recall, which is affecting 2 million jugs of fuel gels, CNN reports. The nine companies involved include Bird Brain, Bond Manufacturing, Sunjel, Fuel Barons, Lamplight Farms, Luminosities, Pacific Decor, Real Flame, and Smart Solar USA. A tenth manufacturer backed out of the recall at the last minute.

The CPSC agreed to not show consumers a video of the exploding fuel gels made in the CPSC laboratory in an effort to get the companies to issue the recall, according to CNN. It's possible that the companies did not want any more negative publicity stemming from the exploding fuel gels.

The CPSC is advising all consumers to stop using the fuel gels immediately, in order to prevent more firepots from exploding. Unused fuel gels can be returned to their manufacturer for a refund. The voluntary fuel gel recall also calls for stores to take any remaining stock off shelves.

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Popsicle Recall: Have You Checked Your Freezer?

To end the summer, Unilever United States, Inc. has issued a limited voluntary Popsicle recall applicable only to 24 count boxes of Popsicle brand Sugar Free Orange, Cherry and Grape flavored ice pops.

A number of these boxes improperly contain Popsicle brand Sugar Free Fudgsicle and Creamsicle ice pops, both of which contain milk, a known allergen that can result in a serious or life-threatening reaction if consumed by the wrong person.

The Popsicle recall appears to be the sole result of a manufacturing error, which resulted in the Fudgsicle and Creamsicle ice pops being placed in packaging that fails to alert consumers to the presence of milk.

Unilever has not indicated whether the recalled ice pops are otherwise dangerous to those who are not sensitive to milk.

The offending Popsicle brand ice pops were manufactured in the United States and sold in Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Michigan, Oregon, Texas, Utah, Washington, and Wisconsin.

Covered products contain 24 1.65 fluid ounce (48.7-milliliter) ice pops and are marked with a UPC code of 7756702295, with date codes of OCT0312GCD, OCT0412GCD, OCT0512GCD, OCT0612GCD and OCT0712GCD.

If you have purchased a product affected by the Popsicle recall, it is requested that you discard the product and retain the outer box. You may call (800) 896-99552 to request a replacement coupon. If you or a family member have fallen ill after consuming a listed product, also consider reporting your experience to the Food and Drug Administration.

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