FDA Begins Pilot Program To Better Educate Consumers Of Recalled Food Products

As recently reported by All Headline News: "With the recent onset of numerous outbreaks of potential and significant health risks associated with contaminated food products, the Food and Drug Administration has begun a pilot program to better educate consumers about recalled food products.

The program will last for the next six months, with a possible extension for the evaluation period at the end of the six months.

The FDA intends to provide consumers with a photograph of the principal food product that is under investigation or has been recalled through the program. The addition of photographs will further help consumers identify the potential health-risk related food product.

This proactive approach is just one of several measures that the FDA is planning to help consumers become better educated and to improve public health and food safety awareness.

The FDA provides information on significant food risks that may possibly be contaminated with dangerous microorganisms. These include (but are not limited to) the following: salmonella, E. Coli, listeria and allergens.

The products involved in this program will include potentially dangerous class I food products. The class I product recalls exist when there is a probable exposure to a food product that can cause serious harmful risks to human health, including potential death.

All product recalls are not included in the pilot program. Class II food products may fall into the FDA's reports, but anything in the Class III category will not be covered by this program.

In 2006, the FDA reports there were more than 100 class I recalls on food products, with an average of 188 class I food recalls during the last five-year period.

The FDA is in agreement with both consumers and consumer group advocates in that the addition of photographs may benefit consumers by allowing a visual identification of the recalled food products through this pilot program.

At the end of the six-month period, the FDA will evaluate whether or not the program was effective. Industry and consumer feedback will help the FDA decide whether or not to continue this format. Therefore, comments are strongly encouraged from the food industry and public consumers by e-mail to the FDA at pilotphotofoods@fda.hhs.gov.

If this program if found to be successful, with a heavy weight being based on the responses that the FDA receives, the program will be considered as a complimentary enhanced benefit for the future."

NHTSA Plans to Update Child Seat Safety Guidelines

The National Highway Traffic Safety Administration recently announced plans to issue new child safety seat regulations by year-end.

According to NHTSA chief Nicole Nason, the plan is to update the federal regulations governing auto safety seats and the system in automobiles for securing them without using safety belts. "It's not an easy solution," Nason said. "We want to make children as safe as possible, give parents the best information and make the technology available to protect children in vehicles."

Nason also indicated that although the plan doesn't include whether to require side-impact crash tests for child safety seats, it remains under consideration.

Several automakers want better labeling of child safety seat anchors in vehicles.  Automakers and car seat manufacturers are scheduled to in April, 2007 to discuss issues of common concern.

"The LATCH system has been required by Congress since 2002. But a December study by NHTSA showed that 40 percent of parents are still using seat belts to restrain children.

Safety experts emphasized that the safest place for a child is in a properly restrained child seat. Even though just 5 percent of children are unrestrained, they account for 30 percent of fatalities, said Adrian Lung, president of the Insurance Institute for Highway Safety.

Every day, roughly five children die and 640 are injured in U.S. automobile crashes. Car accidents remain the leading cause of death for people ages 3 to 35."

Following a recent story by Consumer Reports, the safety of car seats jumped to the public's attention.  Although the report condemned most infant car seats and was later discredited, it shocked parents and prompted numerous calls to the government and car-seat makers.

"The summit brought together automotive company safety officials, child seat makers and experts to talk about how to better inform parents on the proper use of child safety seats.

On Tuesday, Consumer Reports' publisher, Consumers Union, named two well-respected independent auto safety experts to review the discredited infant car seat tests.

Brian O'Neill, former president of the Insurance Institute for Highway Safety, and Dr. Kennerly H. Digges, director of Vehicle Safety and Biomechanics at the National Crash Analysis Center in Virginia, a former senior executive at NHTSA.

"We are confident that they will conduct a thorough review of this incident and determine what went wrong," said Consumers Union President Jim Guest."

DC Pedestrian Safety: New Efforts to Balance Safety and Traffic Flow

As recently reported in the Washington Post, area transportation officials are targeting specific locations throughout the city that are particularly dangerous for pedestrians.   Identification of the trouble spots is the first step in their study of ways to manage traffic flow with pedestrian safety. 

Based on accident statistics from 1998-2004, following are the ten most dangerous intersections in Washington, DC:

  • Benning Road and Minnesota Avenue, NE - 19 accidents
  • Seventh Street and Pennsylvania Avenue, NW - 16 accidents
  • Bladensburg Road and New York Avenue, NE - 14 accidents
  • North Carolina Street and New York Avenue, NE - 14 accidents
  • Alabama Avenue and Stanton Road, SE - 14 accidents
  • 12th Street and Pennsylvania Avenue, NW - 12 accidents
  • 18th Street and Columbia Road, NW - 11 accidents
  • East Capitol Street and Benning Road, NE - 11 accidents
  • 17th Street and K Street NW - 10 accidents
  • Mississippi Avenue and Wheeler Road, SE - 10 accidents
According to George Branyan, coordinator of pedestrian programs for the D.C. Department of Transportation, a master plan is being developed to address pedestrian safety.  Some measures  already put in place include signage changes, pedestrian marking changes, signal timing sequence adjustments,  upgrade of traffic signals, and installation of higher-intensity light  bulbs.  Other considerations are illuminated crosswalks, narrowing intersections by adding curb extensions to sidewalks, road dieting (narrowing streets to reduce speeds), and traffic-calming devices (speed humps).  Along with the safety measures, transportation experts maintain that keeping traffic flowing is still an important consideration.  Planners and traffic engineers can only do so much to increase pedestrian safety.  In the end, as Mr. Branyon stated, "It's up to the drivers.  We just have to get them to obey the law."

Health Tip: It's No Stretch Shoveling That Leads To Injuries

When surveying snow covered ground, one’s first thought often relates to how to dig out.  The second thought should be whether one is physically ready to do so.  "If your body isn't prepared for shoveling snow, your chances of sustaining muscle pulls and strains will increase," said Dr. Susan Wainwright, vice chair of the Department of Physical Therapy at University of the Sciences in Philadelphia (USP).  "A lot of  'weekend warriors' who play basketball or football won't think twice about stretching before they play, but they'll carelessly go out and shovel snow without any type of warm up," said Dr. Wainwright. "Back injuries are one of the most common injuries when snow falls."

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First Smoke Free Area Hospital Campus

Throughout the campus of the Providence Hospital in Northeast Washington, lighting up is now off-limits -- banished from porticoes, walkways, even the parking areas and loading dock.

As reported in the Washington Post, the prohibition makes Providence the first health-care facility in the District to declare its property puff-and-snuff free and one of the few in the region, joining the likes of Johns Hopkins Hospital in Baltimore, Civista Medical Center in La Plata and Mary Washington Hospital in Fredericksburg.  The biggest notices, bright blue and unavoidable, are posted at all the driveway entrances to Providence Hospital. Outside its doors are more signs with the telltale slash mark. And on a lawn gazebo, which until Jan. 1 was one of the last remaining refuges, is this polite but firm directive:

"Providence Is Now Tobacco Free. No Smoking, Please. Thanks."

Structure in Brain Linked to Smoking

A stroke patient who quit  smoking because his "body forgot the urge to smoke" may hold the key that unlocks the chains of addiction.  As reported in Web MD, that key appears to be a region on the right and left sides of the brain called the insula. The insula is thought to control conscious urges. One study showed that drug addicts who relapse have high-level insula activity during decision-making tasks.

According to the San Francisco Chronicle,  lead author Antoine Bechara, PhD wondered, "(W)hat happens to addictions when there's damage to the insula?" Beginning smokers initially might derive pleasure from tobacco, but longtime smokers who are trying to quit often say it's not the longing for pleasure that keeps the habit going. Instead, a cigarette can seem the only way to satisfy a biological need to feel "normal."  In those cases, Bechara said, "it turns out it's the insula that is the culprit,"

To find out, Dr. Bechara, along with Hanna Damasio of USC and other colleagues, compared people who quit smoking after injury to the insula with those who quit after suffering brain damage that did not include the insula. Not all of the patients had strokes.

Twelve of 13 patients with damage to the insula quit smoking soon after their brain damage, never started smoking again, found it easy to quit, and, after quitting, never again felt the urge to smoke. In other words, they lost their smoking addiction.  Loss of smoking addiction occurred in only four of 19 patients without insula damage.  None of the insula-damaged patients who lost their smoking addiction lost their desire for food or ate less.

Major Auto Insurance Carriers Deny Valid Injury Claims

An 18 month investigation conducted by CNN discovered a strategy developed by Allstate and State Farm Insurance to "deny, delay and defend," valid personal injury claims in minor-impact, soft tissue injury crashed throughout the country.  The accidents are those in which there is little, if any property damage and the valid injury is not easy to see by the naked eye or on x-rays.

Documents obtained by CNN revealed that the strategy was developed in the mid 1990's, with the adoption of a tough take-it-or-leave-it strategy in dealing with such cases.  A former Allstate agent admitted that  company employees were encouraged to get rid of claims quickly and cheaply and even offered accident victims as little as $50.  The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel.

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Proposed Truck Regulations Challenged

As recently reported by the International Brotherhood of Teamsters, attorneys representing several safety advocate groups challenged proposed regulations that apply to the number of hours truck drivers may operate their vehicles.  The safety advocates, which include Public Citizen, urged a Court of Appeals to overturn a rule issued in August 2005 by the Federal Motor Carrier Safety Administration (MCSA). 

The proposed rule dramatically increases the number of hours that truckers may drive without a break and the number of hours truckers may drive per week.  According to Teamsters General President, Jim Hoffa,  " There is no excuse for such blatant disregard for the health and safety of the highly trained men and women who are responsible for negotiating big rigs throughout our country."

Death Toll Rising Due to Carbon Monoxide Poisoning from Portable Generators

The death toll from carbon monoxide (CO) associated with power generators has been steadily rising in recent years.  The U.S. Consumer Product Safety Commission (CPSC) released a warning concerning this issue.

The CPSC found that "[A]t least 64 people died in 2005 from generator-related CO poisoning. Many of the deaths occurred after hurricanes, ice storms and blizzards. CPSC staff is aware through police, medical examiners and news reports of at least 32 CO deaths nationwide related to portable generators from October through December 2006." 

If you have any questions concerning this topic, please email the attorneys at Regan Zambri & Long or call us at (202)463-3030. 

Nexgrill Industries to Pay $300,000 Civil Penalty for Failure to Report Hazardous Gas Grills

The U.S. Consumer Product Safety Commission (CPSC) has recently announced that Nexgrill Industries Inc. has agreed to pay a $300,000 civil penalty to settle allegations that the company failed to report a hazard with its gas grills. The penalty has been provisionally accepted by the Commission.

The Commission reported that "[B]etween April 2004 and October 2005, Nexgrill received 20 reports of gas grill fires, including three reports of minor burn injuries."  Nexgrill failed to report the defect to the Commission for at least 10 months.  For more information, please review the Commission's announcement as well as the recall.

If you have any questions concerning this topic, please email the lawyers at Regan Zambri & Long or call us at (202) 463-3030.

Hoover Company Fined $750,000 for Failing to Report Fire Hazard with Vacuum Cleaners

The US Consumer Product Safety Commission (CPSC) recently announced that the Hoover Company has agreed to pay a $750,000 civil penalty.  The penalty, which the Commission has provisionally accepted, settles allegations that the company failed to report to CPSC the sale of vacuum cleaners with defective on-off switches that can overheat and cause the vacuum cleaner to catch fire.

In April 2005, Hoover conducted a recall of 636,000 Hoover Self-Propelled Upright Vacuum Cleaners because of defective on-off switches.  In June 2004, after CPSC received notice of several vacuum cleaner incidents, the Commission staff requested Hoover provide a full report of incident information. In July 2004, when Hoover submitted a full report, it had notice of 260 consumer incidents, of which 141 involved reports of fire. Additionally, there was one report of a minor burn injury.  Hoover first learned of a vacuum cleaner switch when one of these units overheated and melted in April 1999.

For more information concerning this topic, please review the Commission's announcement

Consumer Reports Withdraws Its Infant Car Seat Test Report

On January 18, 2007, Consumer Reports withdrew its recent claim that most infant car seats failed the magazine's front and side crash tests.   A new report will be published with any necessary revisions as soon as possible after the new tests are complete.

The magazine stated: "[W]e withdrew the report immediately upon discovering a substantive issue that may have affected the original test results. The issue came to light based on new information received Tuesday night and Wednesday morning from the National Highway Traffic Safety Administration (NHTSA) concerning the speed at which our side-impact tests were conducted." 

Consumer Reports still urges the public to remember that use of any child seat is safer than no child seat, but to suspend judgment on the merits of individual products until the new testing has been completed and the report re-published.

For more information, please review the statements made concerning this issue by the National Highway Traffic Safety Administration (NHTSA) and Consumer Reports

It is "Burn Awareness Week" in Virginia

There is no place like home.  We all feel safe there.  Unfortunately, however, most fires and burn injuries occur at home.  According to the Virginia Department of Fire Programs, nearly 18,000 people were injured as a result of fire and 3,675 Americans lost their lives in 2005 alone.  In addition to the tragic personal injuries and losses, fires at homes in Virginia account for property damage in excess of $485 million.

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