Daily Legal News - Edgar Snyder & Associates

Traffic Deaths Fall to Record Low

Mon, 15 Mar 2010 15:49:00 EDT

Highway traffic deaths in the United States have hit their lowest level since they were first recorded in 1954. The Transportation Department said that according to its estimates, traffic deaths fell almost 9 percent in 2009 to under 34,000.

Furthermore, the fatality rate, which also takes into account the number of miles traveled, declined to the lowest on record at 1.16 fatalities per 100 million Vehicle Miles Traveled (VMT). This is down from 1.25 fatalities per 100 million VMT in 2008.

The National Highway Traffic Safety Administration has attributed this decline to a number of factors, including increased seat belt use, less drunk driving, and tougher enforcement of traffic laws. Others have cited the tough economy, which has led people to drive less.

Officials also believe the awareness programs, particularly those aimed at distracted drivers, have played a part in the traffic death decline. According to statistics, 80 percent of all crashes and 65 percent of near-crashes were caused by driver distraction, such as eating or drinking, reading, listening to music, and talking or texting on cell phones.

Osteoporosis Drugs May Cause Brittle Bones

Fri, 12 Mar 2010 16:03:00 EDT

The Food and Drug Administration is considering a safety review of certain bone-building drugs called bisphosphonates to see if they actually increase the risk of femur fractures. Research shows that the drugs, such as Fosamax and Boniva, can make bones brittle after long-term use.

Two new studies have found that the bones of post-menopausal women who take Actonel, Boniva, Fosamax, and Reclast to prevent osteoporosis may become brittle if medication use exceeds five years. Though the drugs are initially effective in slowing bone loss, bone density scans showed weakening in the femur portion of the hip after long-term use of bisphosphonates.

Osteoporosis is a major health problem - 10 million Americans have the disease and another 34 million have low bone mass. Bisphosphonates are among the best selling drugs in the country, with annual sales that exceed $3.5 billion.

Prius Runaway Acceleration Leads to 911 Call, Investigation

Wed, 10 Mar 2010 16:29:00 EDT

Another Toyota incident is making its rounds in the news and drawing even more attention to the automaker. This time it's a Prius that's involved, and the driver says that the car accelerated to 90 mph on its own and was only stopped after a 911 call and police intervention.

Earlier this week, James Sikes of California was driving his 2008 Toyota Prius when he pressed on the gas pedal to pass another vehicle. According to Mr. Sikes, the gas pedal "jumped" and then got stuck, pushing the car to over 90 mph. After calling 911, an officer pulled up along Mr. Sikes, offering suggestions on how to slow the car down over a loudspeaker. By using the regular brake and the emergency brake at the same time, Mr. Sikes got the car down to 50 mph, eventually allowing him to stop the vehicle.

Though the Prius has been included in a recall for sliding floor mats, Mr. Sikes said that he checked the floor mat during the incident and it hadn't dislodged. Furthermore, a police inspection found that the car's floor mat was securely in place and hadn't interfered with the gas pedal.

Since Monday's incident, the National Highway Traffic Safety Administration has said it is sending representatives to investigate and Toyota has announced that it will look into Mr. Sikes' case.

Bank of America Wrongfully Invades Woman's Home

Tues, 9 Mar 2010 16:45:00 EDT

ALLEGHENY COUNTY, PA - Angela M. Iannelli of Hampton returned home to find that her house had been wrongly repossessed and winterized, according to a lawsuit filed on March 8 by Attorney Michael Rosenzweig, a partner with Edgar Snyder and Associates. Her locks were changed, her furniture and carpets were damaged, her utility wires were cut, and her pet parrot was missing. However, her mortgage wasn't in default and she was never given any warning that a foreclosure was approaching.

A notice on Ms. Iannelli's door told her to contact Bank of America. According to the lawsuit, filed in Allegheny County Common Pleas Court, the bank initially denied knowledge of the repossession and of the parrot's whereabouts. It also told her to stop calling. Nine days later, the bank told her they had made a mistake and that she could find her pet in Ebensburg, approximately 1 1/2 hours away.

Attorney Rosenzweig said that Bank of America didn't send Ms. Ianelli a notice of a 60-day deficiency, as required by state law. "It's almost like she was the victim of a crime," Attorney Rosenzweig said. "Being late on a payment doesn't allow someone to take your house. You have to go through the courts."

The lawsuit says that Ms. Iannelli suffered "severe emotional distress, embarrassment and ridicule" as a result of the company's "de facto foreclosure process and seizure proceedings." Bank of America has issued a statement saying that a third-party contractor they hired to handle foreclosure services went to the wrong address.

"If you or I did to Bank of America what Bank of America did to my client, we would be in prison for 10 years," said Attorney Rosenzweig.

Flavor Enhancer Contamination Leads to Food Recall

Mon, 08 Mar 2010 15:39:00 EDT

Thousands of popular food products like dips and hot dogs contain an ingredient that government food regulators say is contaminated with salmonella, but only a few dozen of the products have been recalled.

The tainted ingredient is a hydrolyzed vegetable protein (HVP) made by Basic Food Flavors. HVP, a flavor enhancer, is used in many processed foods, including soups, sauces, hot dogs, seasoned snack foods, and dressings. So far, a recall has been suggested only for products that aren't cooked before consumption. The FDA's website has a list of products affected by the HVP recall.

One of Basic Food's customers found salmonella in supplies sent to them by the manufacturer and reported the problem to the Food and Drug Administration (FDA). A subsequent FDA search uncovered salmonella contamination in the processing equipment used at Basic Food's plant.

Mazda Seats May be Too Hot to Handle

Wed, 03 Mar 2010 17:20:00 EDT

Mazda has issued a recall of 12,300 CX-9 crossover SUVs because of the potential for the model's electric seats to overheat. According to the National Highway Traffic Safety Administration, the problem can lead to burn damage, as well as smoke and fire in some extreme cases.

The hazard has been attributed to a faulty heater control circuit, found only in Mazda CX-9 SUVs with electrically heated seats. "Insufficient electrical grounding" can result in burned seat upholstery, smoke damage, and even small fires if the circuit malfunctions.

Mazda first became aware of this issue last December. A CX-9 was scorched by a seat heater that couldn't be disabled even after the car had been turned off, sparking the company's internal investigation and present SUV recall.

Driving While Medicated Poses Risks for Those 55 and Older

Tue, 02 Mar 2010 10:02:00 EDT

A new study conducted by the University of Alabama at Birmingham and issued by AAA found that many older drivers are taking to the roads unaware that their medications may hinder their driving ability.

The study found that 69 percent of drivers ages 55 and older take one or more potentially driver impairing (PDI) medications, such as ACE inhibitors, sedatives, and beta blockers. Over-the-counter products may also cause problems, as the active ingredients in many allergy drugs are the same as those found in many sleep medications.

The study urges health care professionals to emphasize the dangers of medicinally impaired driving, since only 18 percent of those surveyed recall being warned of the risks. With most accident situations leaving less than a half second of reaction time to avoid a crash, it's important for older drivers to become increasingly aware of the risks of driving while medicated.

Chrysler Airbag Defect Leads to Minivan Safety Repairs

Tue, 02 Mar 2010 10:02:00 EDT

Chrysler has issued a statement asking more than 355,000 owners of the company's most popular minivans to take them to dealers in June to have airbag crash sensors replaced. The sensors can crack and fail in 2005-2006 Town and Country, Dodge Caravan, and Grand Caravan models.

The affected sensors control the speed and manner in which the vehicles' airbags are deployed. Water can enter the housing of cracked sensors, causing them to become inoperative while illuminating the airbag warning light.

This safety issue follows on the heels of a similar airbag-related recall initiated by Honda earlier this month, as well as a massive set of recalls by Toyota. Like Toyota, Chrysler has been hesitant to acknowledge this action as an official recall, despite the fact that the National Highway Traffic Safety Administration is labeling it as such.

Pediatricians Want to Address Hot Dog Choking Hazards

Thu, 25 Feb 2009 15:15:00 EDT

Hot dogs pose choking risk The American Academy of Pediatrics is calling for hot dogs to come with a warning label because of the choking hazard they pose to children and babies. They're also pushing for a hot dog "redesign" so that their size, shape, and texture make them less likely to lodge in a child's throat. The academy says that in their current form, hot dogs are the perfect plug for a child's airway.

While the Consumer Product Safety Commission requires labels on dangerous toys with small parts that might pose a choking risk, there are no required warnings on food even though more than half of non-fatal choking incidents are food-related. More than 100,000 children under 14 are taken to the emergency room each year after choking on food and up to 77 die. About 17 percent of choking episodes involving food are caused by hot dogs.

The National Hot Dog and Sausage Council supports better educating parents about choking prevention. The council does note that more than half of hot dogs sold already have choking-prevention tips on their packaging, advising that they be cut into small pieces.

Chicken Contamination Is Common, Study Finds

Fri, 19 Feb 2010 17:26:00 EDT

Chicken isn't as safe as you might think, according to a study conducted by Consumer Reports magazine. Their analysis found that two-thirds of the 382 chickens bought from more than 100 food stores harbored salmonella and/or campylobacter.

Campylobacter and salmonella are the leading causes of foodborne illness, and each year they infect 3.4 million Americans, send 25,500 to hospitals, and kill about 500 people, according to the National Centers for Disease Control and Prevention. The diseases might be even more widespread, though, because many people don't seek medical attention for their symptoms or aren't screened for foodborne infections.

In order to minimize contamination, poultry processors follow a set of federally mandated procedures known as Hazard Analysis and Critical Control Point (HACCP). The measures are followed in slaughterhouses and processing plants and require that companies state explicitly where contamination might occur and institute procedures to prevent, reduce, or eliminate it.

Government inspectors from the Food Safety and Inspection Service (FSIS) monitor the HACCP plans of chicken companies and examine carcasses for problems. Plants that generate more than 12 salmonella-positive samples during 51 consecutive days of production fail to meet FSIS standards. The plant would be required by a FSIS review of the HACCP plan to fix any problems and might incur penalties.

Despite these regulations, Consumer Reports found the following in their recent study: Campylobacter was in 62 percent of the chickens, salmonella was in 14 percent, and both bacteria were in nine percent. Only 34 percent of the birds were clear of both pathogens; Some of the cleanest chickens overall were processed in "air-chilled" broilers (a process in which carcasses are refrigerated and may be misted, rather than dunked, in cold chlorinated water); Store-brand organic chickens had no salmonella at all, but 57 percent of those birds harbored campylobacter; The cleanest name-brand chickens were Perdue, 56 percent of which were free of both pathogens; The most contaminated were Tyson and Foster Farms chickens. More than 80 percent tested positive for one or both pathogens; Of all brands and types of chicken tested, 68 percent of the salmonella and 60 percent of the campylobacter organisms tested showed resistance to one or more antibiotics.

To safeguard against possibly harmful bacteria in chicken, the following food safety guidelines are recommended: Cook poultry to 165 degrees Fahrenheit; Buy chicken last when grocery shopping so it stays cold; Choose a well-sealed bird from the bottom or coolest part of the case; Put the chicken in a plastic bag to prevent the spread of bacteria; Thaw frozen chicken in the refrigerator rather than on the counter because the thawed outside can become a breeding ground for bacteria while the inside is still frozen; Don't return cooked meat to a plate that held it raw; Refrigerate or freeze leftovers within 2 hours of cooking.

Toyota Corollas the Subject of New Consumer Complaints

Wed, 17 Feb 2010 15:25:00 EDT

Toyota officials have acknowledged that the National Highway Traffic Safety Administration has received dozens of complaints about power steering malfunctions in its Corolla subcompact cars. The automaker said it would "take action" if necessary.

Some drivers have reported feeling a loss of control over the steering, though a cause has not yet been pinpointed. Problems with the braking system and tires have been mentioned as possible underlying causes. Toyota said that if it finds consumers' safety to be at risk it will consider issuing a recall.

Toyota has recalled over 8 million vehicles around the world during the past four months due to problems with sticking gas pedals, sliding floor mats, and faulty brake programming. The U.S. House Oversight and Government Reform Committee is holding a hearing on Feb. 24 on Toyota's gas pedal problems. The House Energy and Commerce Committee will hold one the next day.

Drop Side Cribs Recalled After Infant Deaths

Wed, 11 Feb 2010 15:10:00 EDT

The U.S. Consumer Product Safety Commission (CPSC) has announced the recall of all Generation 2 Worldwide and "ChildESIGNS" drop side cribs. The agency is warning parents and caregivers that the defective cribs put children in danger of serious injury or death.

The cribs' plastic hardware can break, causing the drop side to detach from the corner. This creates a space in which an infant or toddler can become entrapped, posing a strangulation hazard. The CPSC says that parents and caregivers should stop using the cribs immediately and shouldn't attempt to repair them.

The agency has received three reports of infants who suffocated when they became entrapped between the crib mattress and the drop side. There have also been 20 reports of other drop side incidents, two of which resulted in entrapment.

Generation 2 went out of business in 2005, so the CPSC has limited information about the recalled cribs. The agency believes that more than 500,000 of the defective models were sold to consumers at stores like Kmart, Wal-Mart, and Buy Buy Baby. The name "Generation 2 Worldwide" appears on a label affixed to the crib's headboard or footboard. The name "ChildESIGNS" appears on the teething rail of some of the cribs.

Please see our product recalls index for more information on defective products that may affect you.

Honda Recalls Cars for Airbag Problem

Wed, 10 Feb 2010 13:05:00 EDT

Honda has announced the expansion of an earlier recall to replace an airbag inflator in certain 2001 and 2002 models. The new recall includes 379,000 vehicles in the United States.

The automaker said that the driver's airbag inflators can expand with too much pressure, causing the inflator casing to break. This can result in injury or death to the driver. Honda said the following models are included in the action: 2001 and 2002 Accord, Civic, Odyssey, CR-V, Pilot and some 2002 Acura TL and CL vehicles. So far there have been 12 reported incidents related to the defective airbags.

The original recall occurred in July 2009 and included 2001 and 2002 Accords and Civics as well as some 2002 Acura TL vehicles. Honda said it will notify affected customers by mail and phone to provide instructions on how to have vehicles repaired at an authorized dealer.

Toyota Hybrid Recall Announced, Includes 2010 Prius

Tues, 09 Feb 2010 16:05:00 EDT

Toyota has announced the global recall of more than 400,000 2010 hybrid models, including the Prius, Lexus HS250hm, and the Sai, because they can experience a problem with their anti-lock brake systems. Some 2010 Camrys prone to brake fluid leaks have also been recalled.

When the hybrids' braking problem was announced last week, Toyota executives initially described it as a momentary delay in braking when the car was driving over slippery or bumpy surfaces. However, Toyota has since changed its description, increasingly calling it a change in braking feel.

The National Highway Traffic Safety Administration recommends that owners contact Toyota dealers immediately if they notice changes in their braking performance. If a loss of braking occurs, the agency advises owners to continue to press firmly on the brake to stop the vehicle. Drivers can also leave extra braking room as they await their recall notice.

The National Highway Traffic Safety Administration recommends that owners contact Toyota dealers immediately if they notice changes in their braking performance. If a loss of braking occurs, the agency advises owners to continue to press firmly on the brake to stop the vehicle. Drivers can also leave extra braking room as they await their recall notice.

Though the company said it implemented a solution in cars that were produced beginning last month, it has yet to find a fix for the 37,000 recalled cars already on U.S. roads or the more than 200,000 affected vehicles that have been sold worldwide. Toyota said that a solution is "near."

Toyota Dealt Another Blow with Prius Brake Complaints

Thurs, 04 Feb 2010 15:30:00 EDT

Feb 04 2010 UPDATE - Toyota has announced that it previously knew about complaints of brake malfunctions in its 2010 Prius and has expanded its investigation to include all hybrid models.

Toyota's quality general manager said that in late January the company rewrote the cars' braking-system software following an increase in complaints in December. The automaker didn't make any public announcement of the software changes at the time, but says it wasn't trying to "cover up" the glitch. The Prius cars made since then all have the modified software, but the company hasn't decided whether and how to rewrite the programs on the cars it has already sold.

U.S. highway safety regulators said they are opening a formal investigation into the issue. The National Highway Traffic Safety Administration said it has 124 complaints from Prius owners, including reports of four crashes linked to the brake problem.

Cell Phone Bans Don't Reduce Crashes, Study Finds

Thur, 04 Feb 2010 13:09:00 EDT

Laws banning cell phone use while driving have had virtually no effect on the number of car crashes, according to a recent study. It compared the number of accidents that occurred before and after cell phone bans were implemented.

Although the use of hand-held cell phones has decreased between 41 and 76 percent in California, New York, Connecticut, and Washington, there was no change in the number of car accidents. The study, which was completed in December, measured cell phone use by observing roadways from corners and exit ramps both before and after bans began. The crash data compared the number of all crashes, not just those involving cell phones.

The Highway Loss Data Institute is baffled by the findings and suggested that perhaps they result from the fact that even though cell phones are a distraction, they may not be worse than the other activities that drivers engage in regularly. Another possibility, according to the group, is that drivers in the studied areas simply switched to hands-free phones which wouldn't alter crash data since the two activities pose the same amount of risk.

Cell phone restrictions and bans vary from state to state, but thus far, seven jurisdictions have banned hand-held cell phones for all drivers and 19 have banned text messaging for all drivers. No state has banned hands-free phones for all ages, though some restrict teens.

Daniele Meat Products Recalled Due to Salmonella Risk

Wed, 02 Feb 2010 15:09:00 EDT

Daniele International Inc. issued a recall of 1.24 million pounds of salami last week and has expanded it to include 17,235 pounds of ready-to-eat varieties of Italian sausage products due to a risk of Salmonella poisoning.

The Centers for Disease Control reported that more than 200 people in over 40 states and the District of Columbia have now been affected by the outbreak. At least 38 individuals have been hospitalized nationwide, and five cases have been reported in Pennsylvania.

The recall is being expanded due to a report by the Illinois Department of Public Health that confirmed the finding of Salmonella in an unopened salami product. Black pepper likely introduced the bacteria into Daniele's production facility, according to a study by the Rhode Island Department of Public Health. They announced that samples taken from a previously opened container of ground black pepper at Daniele tested positive for Salmonella.

As soon as the meat products were implicated in the outbreak, the USDA posted the recall on its website. While the USDA is responsible for regulating meat processors, spices fall into the Food and Drug Administration's jurisdiction. So far, however, the agency hasn't been able to push for a recall of the black pepper distributed by New York-based company Wholesome Spice. Before they can do so, a sample from a sealed container of the pepper must test positive for Salmonella.

Toyota Announces Gas Pedal Fix, Investigators Skeptical

Tues, 02 Feb 2010 15:50:00 EDT

Toyota has announced that it has a fix for the gas pedal problem that prompted the recall of millions of vehicles. Federal investigators, however, remain skeptical.

Toyota dealers say they will stay open around the clock starting Thursday to repair what they were told was a tiny flaw inside the gas pedal assembly. According to the company, excessive wear on the gear teeth, caused by moisture, made them stick and kept the pedal from returning to normal when the driver's foot was off the pedal. Toyota said that its solution - adding a small metal plate to give the pedal more spring - has been rigorously tested and is effective.

According to a Department of Transportation official, however, investigators aren't completely satisfied with this explanation. They continue to pursue reports from Toyota owners that some kind of electronic malfunction or computer glitch may also be involved.

FDA Issues a Warning about Fake Alli Diet Drug

Wed, 27 Jan 2010 15:50:00 EDT

Fake, potentially harmful versions of the weight loss drug Alli are being sold on Internet auction sites such as eBay, the Food and Drug Administration (FDA) warns. FDA lab tests found that the imitation pills contain three times the usual daily dose of a controlled substance that is the main ingredient in the prescription weight loss drug Meridia.

GlaxoSmithKline (GSK), which makes the approved version of Alli, said tests showed the falsely packaged and labeled products contained sibutramine, instead of orlistat, the main ingredient that should be in Alli. The FDA said the false version of Alli was sold in 60 mg capsules as part of a 120 count refill kit. There is currently no evidence that the fake product has been sold through channels other than online auction sites, such as retail stores, GSK said.

Healthy people who take an excess amount of sibutramine can experience anxiety, nausea, heart palpitations, tachycardia (a racing heart), insomnia, and small increases in blood pressure. Also, excessive amounts of the drug are dangerous to people with cardiovascular disease and can lead to elevated blood pressure, stroke, or heart attack. Sibutramine can also have harmful interactions with other medications.

According to GSK, there are several ways to identify counterfeit Alli:

The fake version is missing the lot code on the top of the outer cardboard packaging; The expiration date on the false version includes the month, day, and year. The expiration date on the genuine version has only the month and year; The seal on the bottle should read "SEALED FOR YOUR PROTECTION" in white ink; this statement is not present on the fake product; The capsule size is slightly larger in the fake pills and the contents of the capsules are different - the counterfeit content is powdery and the genuine product is more of a pellet shape.

Pictures of the real and fake product can be seen on GlaxoSmithKline's myalli.com web site. Consumers who suspect they have purchased counterfeit Alli are urged to contact the FDA.

Texting While Driving Ban Takes Effect for Truck and Bus Drivers

Tues, 26 Jan 2010 16:08:00 EDT

Drivers of commercial trucks and buses are now banned from texting while driving. The new legislation, announced by the U.S. Secretary of Transportation, takes effect immediately.

The Department of Transportation (DOT) defines a commercial motor vehicle (CMV) as:

Weighing 10,001 pounds or more; Transporting hazardous materials; Designed or used to carry 9 or more people, including the driver, for compensation; Designed or used to carry 16 or more people, including the driver, not for compensation; Drivers of such vehicles who are in violation of the law may be subject to civil or criminal penalties of up to $2,750, the DOT said in a press release.

The new legislation is a part of the Department of Transportation's continuing effort to cut down on distracted driving. In September, it held a two-day summit on the issue in Washington. This month, the department announced the creation of the advocacy group FocusDriven, a nonprofit that is modeled after Mothers Against Drunk Driving.

Research shows that drivers who text behind the wheel take their eyes off the road for an average of 4.6 out of every 6 seconds. The length of a football field can be traveled in that amount of time on the highway.

One of the country's largest groups representing professional truck drivers - the Owner-Operator Independent Drivers Association - expressed support for the aim of the legislation but took issue with its execution. The association says that making the law effective immediately doesn't follow normal rulemaking processes and could lead to problems with implementation and enforcement.

Toyota Expands Defective Gas Pedal Recall

Fri, 22 Jan 2010 16:39:00 EDT

Jan 22 2010 UPDATE - Toyota has issued a recall of 2.3 million vehicles, further expanding its largest recall ever, in an effort to fix faulty gas pedals that have led to serious accidents and deaths.

The automaker previously recalled over 4 million vehicles to correct pedal "entrapment" caused by floor mats, and said that it had corrected the problem with a proposed gas pedal redesign. Since that time, however, Toyota has received reports of sticking accelerator pedals in cars without floor mats, including a car that landed upside down in a lake the day after Christmas, killing four people. Investigators found the car's floor mats in its trunk, which was where Toyota advised consumers to store them.

The following vehicles are affected by the latest recall:

2009-2010 RAV4; 2009-2010 Corolla; 2009-2010 Matrix; 2005-2010 Avalon; 2007-2010 Camry; 2010 Highlander; 2007-2010 Tundra; 2008-2010 Sequoia.

Giant Eagle Issues a Hash Brown Recall

Fri, 22 Jan 2010 13:40:00 EDT

Giant Eagle Inc. issued a voluntary recall of its Giant Eagle and Food Club brands of frozen loose hash brown potatoes due to concerns about possible listeria contamination.

The products, including Giant Eagle Country Style Hash Browns, Western Style Hash Browns, Southern Hash Browns, Diced Hash Browns, and Shredded Hash Browns, were pulled because listeria bacteria was present in non-related products produced at the same plant. When informed of the possible contamination, Giant Eagle hired an independent laboratory for testing that confirmed the presence of bacteria that can cause serious infection.

The Centers for Disease Control has said that the chance of developing food poisoning after consumption of a contaminated product is very slim. Furthermore, Giant Eagle said that the risk of infection from listeria is almost entirely eliminated when the product is cooked as directed. Listeria can cause listeriosis, a potentially fatal disease with flu-like symptoms that is most dangerous to people with weakened immune systems, such as infants and the elderly.

Graco Stroller and Dorel Crib Recalls Announced

Thurs, 21 Jan 2010 15:55:00 EDT

Two major product recalls for popular children's products have been announced in the past week. Graco issued a recall on 1.5 million strollers that can cause finger amputations, and Dorel recalled over 600,000 cribs because they pose suffocation and strangulation hazards.

The Graco strollers were sold at Wal-Mart, Target and other major retailers from October 2004 to December 2009. According to the Consumer Product Safety Commission (CPSC), the hinge on the canopy of the strollers can amputate children's fingers when the stroller is being opened and closed. There have been five reports of amputations so far. This recall comes just months after 1 million Maclaran strollers were recalled for posing a similar risk. The CPSC's website has a list of affected Graco strollers.

The recalled Dorel cribs were sold at K-Mart, Sears and Wal-Mart stores nationwide from January 2005 through December 2009. The CPSC and Dorel Asia have received 31 reports involving failure of the drop side hardware. This defect has been linked to one death and 10 injuries. There have also been 36 reports of slats breaking, which resulted in the bruising and scratching of seven children. You can look at this CPSC news release to see if your crib is affected.

FDA Changes Stance on BPA and Infants' Health

Wed, 20 Jan 2009 15:56:00 EDT

According to the FDA, parents should take precautions to try and limit infants' exposure to the chemical Bisphenol-A (BPA). The agency said that it has "some concern" about the safety of BPA but did not go so far as to call it a definite health risk.

The FDA's new position is a partial reversal of its declaration in 2008 that BPA has no adverse effects. That announcement was poorly received by environmental groups that said it relied too heavily on industry-funded research and that BPA should be banned completely.

Some of the agency's new concerns arise from studies that found a possible connection between BPA and adverse effects on the brain, behavior, and prostate gland in developing fetuses, infants, and children. Other studies have found a possible link to diabetes and cardiovascular disease as well.

The chemical is found in many products but has received the most attention for its use in linings for canned food and infant formula and as a hardener in plastic baby bottles and toys. A handful of states and cities including Chicago, Connecticut, and Massachusetts have passed laws in some form banning BPA in products meant for children.

Even though the six largest makers of infant bottles and cups already use alternatives to BPA, the FDA is currently trying to determine if the agency has the legal authority to quickly force products with BPA off the market if other manufacturers don't do it voluntarily. The following are several safety tips that parents can follow to help protect against the possible risks of BPA:

Discard scratched or worn bottles and cups, which in addition to harboring germs, might release small amounts of BPA; Be cautious when heating formula, as boiling or very hot liquid might cause the release of BPA into infant formula; Check labels to make sure that only microwave-safe products are used in the microwave and only dishwasher-safe products are put in the dishwasher. This will aid in avoiding BPA leakage.

Pennsylvania Has Sixth Worst Driver Safety Laws

Mon, 18 Jan 2009 15:58:00 EDT

Think our roadways are safe? Think again - Pennsylvania has the sixth worst driver safety legislation in the country, according to the Advocates for Highway and Auto Safety.

Pennsylvania has enacted fewer than half of the 15 model laws that the advocacy group considers essential to safe driving. Eight other states, including Ohio, fall into the same category. Among the state's legislative shortcomings cited by the report are:

Failure to ban texting while driving; Failure to make not using a seat belt a "primary" offense. Currently, you can only get cited for seat belt nonuse if you are pulled over for some other violation first; Lack of a motorcycle helmet requirement for all riders, regardless of age; Deficient restrictions on junior drivers. Right now state law only limits the number of nonfamily teen passengers travelling with a junior driver to the number of seat belts in the car. Many states and the report model agree that the number should be limited to just one teen passenger; An insufficient booster seat law. While the state currently meets the model criteria that children under eight are required to use booster seats or car seats, the law, like the seat belt provision, makes violations only secondary offenses; Lack of more strict laws for drunk drivers. The model criteria features states that require all DUI offenders' vehicles have ignition interlock devices, which test a driver's breath for alcohol before allowing the vehicle to be operated.

About 40,000 people are killed in traffic accidents each year, and safety advocates insist that many of those deaths are preventable. PA lawmakers say there is legislation pending on several of the cited issues, such as texting while driving, which passed in the Senate but has not yet been voted on by the House.

Toxic Metal Cadmium Detected in Children's Jewelry

Tues, 12 Jan 2010 15:52:00 EDT

UPDATE - Wal-Mart Stores Inc. has announced that it is pulling children's jewelry from its shelves following an AP investigation that found high levels of cadmium in certain Chinese imports.

The study found that Chinese manufacturers were using cadmium, a soft, whitish metal, to replace lead. However, like lead, it can hinder brain development in the very young. The metal is also known to cause cancer.

The chairwoman of the Consumer Product Safety Commission has urged other countries to make sure that manufacturers don't substitute cadmium, antimony, or barium for lead in children's products. The commission also said it was opening an investigation into the AP's findings, vowing to "take action as quickly as possible to protect the safety of children."

ORIGINAL ALERT - An Associated Press (AP) study found that Chinese manufacturers have been using the dangerous heavy metal cadmium in children's jewelry sold throughout the country. Cadmium is a known carcinogen, and like lead, which has been banned from use in jewelry, it can hinder brain development in young children and cause cancer.

The AP organized lab testing of over 100 items purchased in major cities across the nation and found that 12 percent of the jewelry contained at least 10 percent cadmium. The most contaminated piece of jewelry contained 91 percent cadmium by weight. Kids don't have to swallow an item to be exposed - persistent biting or sucking on a piece of jewelry is enough for exposure. Furthermore, many of the items easily shed the metal, which poses an additional safety risk.

Some of the contaminated jewelry to receive the most troubling results were bracelet charms sold at Wal-Mart, the jewelry chain Claire's, and at a dollar store. The following are specific results found in the study:Four charms from two "Rudolph the Red-Nosed Reindeer" bracelets sold at a Dollar N More store measured between 82 and 91 percent cadmium; Two charms on a "Best Friends" bracelet bought at Claire's consisted of 89 and 91 percent cadmium; Pendants from four "The Princess and The Frog" necklaces bought at Wal-Mart ranged between 25 and 35 percent cadmium; Three flip flop bracelet charms sold at Wal-Mart contained between 84 and 86 percent cadmium.

The AP reported that if the products were painted toys, they would face a recall, and if they were garbage, they would be considered hazardous waste. But because there are no cadmium restrictions on jewelry, such items are sold legally.

Drunk Driving iPhone App - Does It Help or Hurt?

Tues, 05 Jan 2010 16:09:00 EDT

A new drunk driving debate is brewing, and this one has an unexpected topic. Some say that a new cell phone app that claims to measure blood alcohol level can work to prevent drunk driving, while others say it can actually encourage dangerous behavior.

The new app, called R-U-Buzzed, was made available for iPhones in December, and has been downloaded more than 40,000 times since its debut. To calculate blood alcohol content, users enter their weight, gender, hours drinking, and the amount of beer, wine and liquor consumed. The app then estimates your alcohol content and produces a message such as, "You could be arrested for impaired driving. Designate a sober driver." The app also includes a disclaimer that the estimates aren't accurate enough to be considered legal evidence.

Statistics show that 65 percent of drunk drivers involved in fatal crashes in 2008 were 21 to 34 years old and 17 percent were underage drinkers. Supporters of the app say that it appeals to this demographic in a way that traditional methods - like television commercials - don't. They say it allows young people to address the dangers of drinking and driving in a socially acceptable manner.

Safe driving advocates, however, say they worry the app could be used to "prove" that someone is able to drive even when they're not. Mothers Against Drunk Driving is concerned that the app could undermine their message to never drive after drinking. Furthermore, some argue, it's questionable whether or not someone who is extremely intoxicated will even remember to use the app, let alone be able to accurately enter the number of drinks they've had.